City of Clifton, NJ Planning Board

There is hereby established pursuant to Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-1 et seq.) in the City of Clifton a Planning Board of nine members consisting of the following four classes:

Class I: the Mayor.

Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor.

Class III: a member of the governing body, to be appointed by it.

Class IV: six other citizens of the City of Clifton, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one such member may be a member of the Zoning Board of Adjustment, and one may be a member of the Board of Education.

§ 57-2 Alternate members.

[Added 8-15-1978 by Ord. No. 4463-78; amended 7-1-1980 by Ord. No. 4585-80]

Pursuant to the provisions of Chapter 216 of the Laws of New Jersey 1979, approved October 11, 1979,[1] there are hereby created and established two positions as alternate members of the Planning Board consisting of the following class:

Class IV: two alternate members, to be appointed by the Mayor, whose terms shall be for two years, provided that the initial terms of these members shall be one year for one member and two years for the other member. Alternate members of Class IV shall be designated by the Mayor as "Alternate No. 1" and "Alternate No. 2." The alternate members currently serving as Class IV alternate members shall continue in office until their terms expire.

[1]

Editor's Note: See N.J.S.A. 40:55D-23.1.

§ 57-3 Terms of office.

The term of the member composing Class I shall correspond with his 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.

The term of a Class IV member who is also a member of the Board of Adjustment or the 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 pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four years after their appointment as determined by resolution of the governing body, provided that the initial Class IV term of no member shall exceed four years, and provided further that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

§ 57-4 Vacancies.

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.

§ 57-5 Conflicts of interest; removal.

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 requests one, may be removed by the governing body for cause.

§ 57-6 Officers.

The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who may or may not be a member of the Planning Board or a municipal employee.

§ 57-7 Experts and staff.

The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

§ 57-8 Powers and duties.

The Planning Board is authorized to adopt bylaws and rules and regulations governing its procedural operation. It shall also have the following powers and duties:

To make and adopt and from time to time amend a Master Plan for the physical development of the City, including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the City, in accordance with the provisions of N.J.S.A. 40:55D-28.

To administer the provisions of the Land Subdivision Ordinance and ordinances pertaining to site plan review of the City in accordance with the provisions of said ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

To grant conditional uses in accordance with the provisions of Chapter 461, Zoning, and any other ordinance of the City applicable to conditional uses and N.J.S.A. 40:55D-67.

To participate in the preparation and review of programs or plans required by state or federal law or regulations.

To assemble data on a continuing basis as part of a continuous planning process.

To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.

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 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.

Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment variances pursuant to N.J.S.A. 40:55D-70c. Whenever relief is requested pursuant to this Subsection H, notice of the hearing on the application for development shall include reference to the request for a variance. The applicant may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Chapter 461, Zoning.

[Amended 7-2-1984 by Ord. No. 4902-84[1]]

[1]

Editor's Note: This ordinance also provided that any application for development submitted before the effective date of this ordinance may be continued at the option of the applicant, and the Planning Board and Zoning Board of Adjustment shall have every power which they possessed before the effective date of this ordinance in regard to any such application.

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.

§ 57-9 Minor subdivisions.

"Minor subdivision" means a subdivision of land which does not involve the creation of more than three lots, planned development, any new street, or extension of any off-tract improvement.

The Planning Board shall provide for notice and public hearing for all applications for subdivisions, whether the same is for a major subdivision or a minor subdivision.

[Amended 4-14-2003 by Ord. No. 6343-03]

Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40 and 40:55D-53.

§ 57-10 Major subdivisions.

"Major subdivision" means any subdivision of land not classified as a minor subdivision.

For all major subdivisions, the Planning Board shall hold a public hearing with public notice given by publication in an official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality; and a notice of hearing shall be given by the applicant to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing and to other persons as required by N.J.S.A. 40:55D-12, all in accordance with the procedures set forth in N.J.S.A. 40:55D-11 and 40:55D-12.

As a condition of subdivision or site plan approval, the approving authority may require the installation and maintenance of on-tract improvements; and the regulations may require a developer to pay his pro rata share of the cost of off-tract improvements in accordance with N.J.S.A. 40:55D-42.

As a condition of subdivision or site plan approval, the approving authority may require the developer to execute a developer's agreement with the City of Clifton to ensure compliance with the requirements established by the approving authority in accordance with N.J.S.A. 40:55D-53.

[Added 5-1-1990 by Ord. No. 5414-90]

§ 57-11 Time limits.

Minor subdivisions.

(1)

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. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

(2)

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

(3)

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.

Preliminary approval of major subdivisions.

(1)

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.

(2)

Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 57-8H of this chapter, the Planning Board shall grant or deny approval of the application within 95 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 Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant.

Final approval.

(1)

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.

(2)

(3)

Final approval of a major subdivision shall expire 95 days from the date of 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 signing of the plat.

§ 57-12 Site plan approval; application fees.

Procedure for preliminary site plan approval.

(1)

The developer shall submit to the Secretary of the Planning Board a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient.

[Amended 7-2-1984 by Ord. No. 4902-84[1]]

[1]

(2)

If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), grant preliminary site plan approval.

(3)

Upon submission to the Secretary of the Planning Board of a complete application for a site plan for 10 acres of land or less, 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 the submission of a complete application for a site plan of more than 10 acres, 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.

Procedure for final site plan approval.

(1)

The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval are met.

(2)

Final approval shall be granted or denied within 45 days after submission 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 final approval, and a certificate as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.

(3)

Whenever review or approval of the application by the County Planning Board is required, the Municipal Planning Board shall condition any approval that it grants upon the timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Fees for application for site plan approval. An application for site plan approval shall be accompanied by a fee, to be computed in accordance with the following schedule:

[Added 12-16-1986 by Ord. No. 5127-86; amended 6-1-2004 by Ord. No. 6415-04]

(1)

Minor: $250.

(2)

Preliminary major (residential): $500, plus $25 per dwelling.

(3)

Preliminary major (nonresidential): $500, plus $10 per 1,000 square feet of gross floor area.

[Amended 8-2-2006 by Ord. No. 6606-06]

(4)

Final: 50% of preliminary major fee.

§ 57-13 Exceptions from requirements for subdivision or site plan approval.

The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to this article if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The Planning Board, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of an ordinance adopted pursuant to this article, if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 57-14 Filing of applications.

[Amended 12-15-1987 by Ord. No. 5224-87]

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 Zoning Officer. The applicant shall file, at least 14 days before the date of the monthly meeting of the Board, an original and two copies of a sketch plat for a minor subdivision; an original and six copies of sketch plat for major subdivision; an original and two copies of an application for minor subdivision approval; an original and six copies of an application for major subdivision approval; and an original and two copies of an application for site plan review, conditional use approval or planned development. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any other ordinance or rule of the Planning Board. The applicant shall obtain all necessary forms from the Zoning Officer. The Secretary of the Planning Board shall inform the applicant of the steps to be taken to initiate application and of the regular meeting dates of the Board. The applicant shall pay any necessary filing fees established by ordinance or by the governing body.

§ 57-15 Citizens' advisory committee.

Pursuant to the provisions of N.J.S.A. 40:55D-27, 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.

§ 57-16 Adoption of rules and regulations.

The Planning 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.