[Amended 9-24-2007 by Ord. No. O-16-07]
The Planning Board previously established pursuant
to the Municipal Land Use Law (N.J.S.A. 40: 55D-1 et seq.) is hereby
continued in the Borough and shall consist of nine members consisting
of the following four classes:
A.
Class I: The Mayor, or the Mayor's designee in the
absence of the Mayor.
B.
Class II: One of the officials of the municipality
other than a member of the governing body, to be appointed by the
Mayor.
C.
Class III: A member of the Borough Council, to be
appointed by it.
D.
Class IV: Six other citizens of the municipality.
to be appointed by the Mayor. The members of Class IV shall hold no
municipal office, position or appointment, except that one member
may be a member of the Board of Education. A member of the Environmental
Commission who is also a member of the Planning Board, as required
by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member. Two
Class IV members shall be appointed as alternates.
E.
Restrictions on Class I and Class III members of the
Planning Board: Class I and Class III members of the Planning Board
shall not participate in the consideration of applications for development
which involve relief pursuant to N.J.S.A. 40:55D-70d.
[Added 9-24-2007 by Ord. No. O-16-07]
[Amended 9-24-2007 by Ord. No. O-16-07]
A.
The term of the member composing Class I shall correspond
to the Mayor'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 term of the member
composing Class II shall be for one year or terminate at the completion
of the member's term 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 the term of office as a member of the Environmental
Commission, whichever occurs first.
B.
The term of the member composing Class III shall be
for one year or terminate at the completion of the member's term of
office, whichever occurs first.
C.
The term of a Class IV member who is also a member
of a Board of Education shall terminate whenever the member is no
longer a member of such other body or at the completion of the Class
IV term, whichever occurs first.
D.
The terms of all Class IV members first appointed
pursuant to 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 after their appointment as determined
by resolution of the governing body; provided, however, that no term
of any member shall exceed four years, and further provided that nothing
herein shall affect the terms of any present members of the Planning
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed. Thereafter, all Class IV
members shall be appointed for terms of four years except as otherwise
hereinabove provided. All terms shall run from January 1 of the year
in which the appointment is made.
If a vacancy in any class shall occur, otherwise
than by expiration of a term, it shall be filled by appointment as
above provided for the unexpired term.
Any member other than a Class I member, after
a public hearing if he requests one, may be removed by the Council
for cause.
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.
The Planning Board may employ, or contract for,
and fix the compensation of legal counsel, 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.
[Amended 9-24-2007 by Ord. No. O-16-07]
The Planning Board shall have the following
powers:
A.
To make, adopt and from time to time amend a Master
Plan for the physical development of the Borough, including any areas
outside its boundaries which, in the Board's judgment, bear essential
relation to the planning of the Borough in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.
To exercise all powers granted to a Planning Board
by the provisions of N.J.S.A. 40:55D-25.
C.
To administer the provisions of the Land Use and Development
Ordinance of the Borough in accordance with the provisions of this
chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
D.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of
a continuing planning process.
F.
To review and make recommendations to the Council
on the Official Map of the Borough pursuant to N.J.S.A. 40:55D-32.
G.
To prepare a program of municipal capital improvement
projects over a term of at least six years and amendments thereto,
and to recommend same to the governing body.
H.
To consider and report to the governing body within
35 days after referral any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and make
recommendations upon other matters specifically referred to the Planning
Board by the Borough Council pursuant to the provisions of N.J.S.A.
40:55D-26b.
I.
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.
J.
To exercise, to the same extent and subject to the
same restrictions, all of the powers of a board of adjustment.
A.
Minor subdivisions. 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, 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.
B.
Preliminary approval of major subdivisions. 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. 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.
C.
Ancillary powers. Whenever the Planning Board is called
upon to exercise its ancillary powers before the granting of a variance,
the Planning Board shall grant or deny approval of the application
within 95 days after the 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 Zoning Officer as to the failure of the Planning Board to act
shall be issued on request of the applicant.
[Amended 5-4-2009 by Ord. No. O-04-09]
D.
Final approval. 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. 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.
Applications for development within the jurisdiction
of the Planning Board, pursuant to the provisions of N.J.S.A. 40:55D-1
et seq., shall be filed with the Secretary of the Planning Board.
The applicant shall file, at least 25 days before the date of the
meeting of the Board, one copy of an application and one plan. This
initial submittal will be reviewed and returned to the applicant with
notations and/or suggestions for the applicant to prepare the final
application. Within 15 days of the scheduled meeting, the applicant
shall submit 16 copies of an application, 16 plans and reports associated
with the application. The applicant shall obtain all necessary forms
from the Secretary of the Planning Board. The Secretary of the Board
shall inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the Board.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board an index of the natural resources
of the municipality, the Planning Board shall make available to the
Environmental Commission a copy of every application for development
to the Planning Board. Failure of the Planning Board to make such
informational copy available to the Environmental Commission shall
not invalidate any hearing or proceeding.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. 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.
A.
There shall be two alternate members of the Planning
Board, appointed by the Mayor and meeting the qualifications of Class
IV members of nine-member planning boards. The alternate members shall
be designated at the time of appointment by the Mayor as "Alternate
No. 1" and "Alternate No. 2." The terms of the alternate members shall
be for two years, except that the terms of the alternate members shall
be such that the term of not more than one alternate member shall
expire in any one year; provided, however, that in no instance shall
the terms of the alternate members first appointed exceed two years.
Notwithstanding the aforesaid, the initial terms of the members shall
be arranged so as to accomplish the intent of this section. A vacancy
occurring otherwise than by expiration of term shall be filled by
the Mayor for the unexpired term only.
B.
No alternate member shall be permitted to act on any
matter in which he has, either directly or indirectly, any personal
or financial interest. An alternate member may, after public hearing
if he requests one, be removed by the Borough Council for cause.
C.
The alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
[Added 9-28-2009 by Ord. No. O-14-09]
A.
There
shall be a Tenancy Review Committee, which shall consist of three
Planning Board members who shall be appointed by the Planning Board
Chairman. Planning Board members, consisting of both regular Planning
Board members and alternate Planning Board members, who are not regular
members of the Tenancy Review Committee, shall be alternates on the
Tenancy Review Committee. Appointees to the Tenancy Review Committee
shall serve until the next reorganization meeting.
B.
All
new businesses shall submit an application to the Tenancy Review Committee,
which shall review the applications to ensure compliance with the
Main Street Study and Improvement Plan and the Borough Ordinances.
