[Amended 12-10-1984 by Ord. No. 411-C; 2-22-1994 by Ord. No. 600-C; 10-15-2012 by Ord. No. 12-869-C]
A.
There is hereby established, pursuant to P.L. 1975, c. 291,[1] in the Borough of Saddle River, a Planning Board of nine
members consisting of the following four classes:
(1)
Class I: The Mayor or the Mayor's designee in the absence of the
Mayor or, in the case of the council/manager form of government pursuant
to the Optional Municipal Charter Law, P.L. 1950, c. 210 (C. 40:69A-1
et seq.),[2] or "the municipal manager form of government law" (R.S.
40:79-1 et seq.),[3] the Manager, if so provided by the aforesaid ordinance.
(2)
Class II: One of the officials of the municipality other than a member
of the governing body, to be appointed by the Mayor; provided that
if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by Section 1 of P.L. 1968, c. 245 (C. 40:56A-1),[4] shall be deemed to be the Class II Planning Board member
for purposes of this chapter in the event that there is among the
Class IV or alternate members of the Planning Board both a member
of the Zoning Board of Adjustment and a member of the Board of Education.
[4]
Editor's Note: See N.J.S.A. 40:56A-1 et seq.
(3)
Class III: A member of the governing body to be appointed by it.
(4)
Class IV: Other citizens of the municipality, to be appointed by
the Mayor. The members of Class IV shall hold no other municipal office,
position or employment, except that in the case of nine member boards,
one such member may be a member of the Zoning Board of Adjustment
or Historic Preservation Commission. No member of the Board of Education
may be a Class IV member of the Planning Board, except that in the
case of a nine-member board, one Class IV member may be a member of
the Board of Education. If there is a municipal Environmental Commission,
the member of the Environmental Commission who is also a member of
the Planning Board, as required by Section 1 of P.L. 1968, c. 245
(C. 40:56A-1),[5] shall be a Class IV Planning Board member, unless there
be among the Class IV or alternate members of the Planning Board both
a member of the Zoning Board of Adjustment or Historic Preservation
Commission and a member of the Board of Education, in which case the
member common to the Planning Board and municipal Environmental Commission
shall be deemed a Class II member of the Planning Board. For the purpose
of this section, membership on a municipal board or commission whose
function is advisory in nature, and the establishment of which is
discretionary and not required by statute, shall not be considered
the holding of municipal office.
[5]
Editor's Note: See N.J.S.A. 40:56A-1 et seq.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Two alternate members meeting the qualifications of Class IV members
and designated "Alternate 1" and "Alternate 2" shall be appointed
to the Planning Board. The terms of the alternate members shall be
two years.
[Amended 12-10-1984 by Ord. No. 411-C; 10-15-2012 by Ord. No. 12-869-C]
A.
The term of the member composing Class I shall correspond to the
Mayor's or Manager's official tenure or if the member is the Mayor's
designee in the absence of the Mayor, the designee shall serve at
the pleasure of the Mayor during the Mayor's official tenure. The
terms of the members composing Class II and Class III shall be for
one year or terminate at the completion of their respective terms
of office, whichever occurs first, except for a Class II member who
is also a member of the Environmental Commission. The term of a Class
II or Class IV member who is also a member of the Environmental Commission
shall be for three years or terminate at the completion of his/her
term of office as a member of the Environmental Commission, whichever
occurs first. The term of a Class IV member who is also a member of
the Board of Adjustment or Board of Education shall terminate whenever
he is no longer a member of such other body or at the completion of
his Class IV term, whichever occurs first. The terms of all Class
IV members first appointed under this chapter shall be so determined
that to the greatest practicable extent the expiration of such terms
shall be distributed evenly over the first four years. Thereafter,
the expiration of the Planning Board term, if shall be filled by appointment,
as above provided, for the unexpired term. No member of the Planning
Board shall be permitted to act on any matter in which he has, either
directly or indirectly, any personal or financial interest. Any member
other than a Class I member, after a public hearing if he/she requests
one, may be removed by the governing body for cause.
B.
In any municipality in which the term of the municipal governing
body commences on January 1, the governing body may, by ordinance,
provide that the term of appointment of any class of member of the
Planning Board appointed pursuant to this section shall commence on
January 1. In any municipality in which the term of the municipal
governing body commences on July 1, the governing body may, by ordinance,
provide that the term of appointment of any class of member appointed
pursuant to this section commence on July 1.
If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term.
The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV and select a Secretary,
who may be either a member of the Planning Board or a municipal employee
designated by it.
There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney.
The Planning Board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Board shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
A.
The Board shall adopt such rules and regulations as
may be necessary to carry into effect the provisions and purposes
of this chapter.
B.
In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C.
It shall also have the following powers and duties:
(1)
To make, adopt and from time to time amend a Master
Plan for the physical development of the Borough of Saddle River,
including any areas outside its boundaries which, in the Board's judgment,
bear essential relation to the planning of the Borough of Saddle River,
in accordance with the provisions of N.J.S.A. 40:55D-28.
(3)
To approve conditional use applications in accordance with the provisions of Chapter 210, Zoning, pursuant to N.J.S.A. 40:55D-67.
(4)
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(5)
To assemble data on a continuing basis as part of
a continuous planning process.
(6)
To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and to recommend the same to the governing body.
(7)
To consider and make report to the governing body
within 35 days after referral as to any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a
and also to pass upon other matters specifically referred to the Planning
Board by the governing body pursuant to the provisions of N.J.S.A.
40:55D-26b.
(8)
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant, to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment,
variances pursuant to Subsection 57c of P.L. 1975, c. 291,[1] from lot area, lot dimensional setback and yard requirements,
provided that such relief from lot area requirements shall not be
granted for more than one lot. Whenever relief is requested pursuant
to this subsection, notice of a hearing on the application for development
shall include reference to the request for a variance or direction
for issuance of a permit, as the case may be.
[1]
Editor's Note: See N.J.S.A. 40:55D-70c.
(9)
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body for the aid
and assistance of the governing body or other agencies or officers.
[Amended 12-17-1990 by Ord. No. 553-C]
Any applicant before the Saddle River Planning
Board desiring a minor subdivision or major subdivision or presenting
a site plan application will be required, at the time of initiating
the application, to obtain and prepare responses to the Planning Board
checklist of regulations and thereafter submit the completed checklist
to the Planning Board pursuant to the instructions set forth on said
checklist.[1]
[1]
Editor's Note: The checklists are on file
in the office of the Secretary of the Planning Board.
[Amended 2-22-1994 by Ord. No. 600-C]
Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete application
to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Planning Board approval unless, within such
period, a plat in conformity with such approval and the provisions
of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Recording Officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed must
be signed by the Chairman and Secretary of the Planning Board before
it will be accepted for filing by the County Recording Officer.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
A.
Upon submission of a complete application for a subdivision
of 10 or fewer lots, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the developer.
B.
Upon submission of a complete application for a subdivision
of more than 10 lots, the Planning Board shall grant or deny preliminary
approval within 95 days of the date of such submission or within such
further time as may be consented to by the developer. Otherwise, the
Planning Board shall be deemed to have granted preliminary approval
for the subdivision.
[Amended 2-22-1994 by Ord. No. 600-C]
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 37-12C(8), the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
A.
Application for final subdivision approval shall be
granted or denied within 45 days of submission of a complete application
or within such further time as may be consented to by the applicant.
B.
Final approval of a major subdivision shall expire
95 days from the date of the signing of the plat unless, within such
period, the plat shall have been duly filed by the developer with
the County Recording Officer. The Planning Board may, for good cause
shown, extend the period for recording for an additional period not
to exceed 190 days from the date of the signing of the plat.
B.
The following shall be delivered to the Planning Board
Secretary at least 10 days before the regular meeting of the Planning
Board:
[Amended 10-15-1990 by Ord. No. 548-C]
(1)
A tracing and 15 copies of the site development plan.
(2)
The original and 15 copies of an application in a
form approved by the Planning Board.
(3)
A fee in the alnount of $500 to cover the administrative
costs of the Borough, plus a deposit (cash or certified check) in
the amount established by the Planning Board with the advice of the
Planning Board Engineer to cover Borough expenditures for review of
such site plan development.
(4)
At the time of the approval, the applicant is to provide
a bond, in a form acceptable to the Borough Attorney, in an amount
not to exceed 120% of the estimated cost of improvements as determined
by the Planning Board Engineer. The applicant shall also make a deposit
(cash or certified check) to cover Borough expenses, such as legal
and engineering, not to exceed 10% of the estimated cost and improvements.
The balance previously deposited for the review of the plan shall
be credited to this new deposit account. If the balance of this account
falls below $500, or 50% of the deposit established above (whichever
is greater), the applicant shall deposit an additional sum not to
exceed 10% of the cost estimated by the Planning Board Engineer to
complete the improvements in accordance with the final site development
plan.
The Mayor may appoint one or more persons as
a citizens' advisory committee to assist or collaborate with the Planning
Board in its duties, but such person or persons shall have no power
to vote or take other action required of the Board. Such person or
persons shall serve at the pleasure of the Mayor.
[1]
Editor's Note: Former § 37-20, Environmental Commission,
was repealed 6-13-2022 by Ord. No. 22-1038.
