[Amended 6-12-2003 by Ord. No. 2003-14; 2-11-2010 by Ord. No. 2010-2
Editor's Note: This ordinance provided that it would not interfere with the terms of the current sitting members of the Planning Board. It also specifically repealed the following ordinances: Ord. No. 640, passed on or around November 1954; Ord. No. 73-38, passed on or around January 1974; Ord. No. 79-7, passed on or around March 1979; and Ord. No. 85-53, passed on or around December 1985.
There is hereby established pursuant to Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., in the Borough a Planning Board of nine members consisting of the following four classes:
Class I: the Mayor and/or the Mayor's designee. The said designee, to be appointed by the Mayor, shall, from time to time, serve in his/her absence.
Class II: one of the officials of the Borough other than a member of the Borough Council to be appointed by the Mayor.
Class III: a member of the Borough Council to be appointed by it.
Class IV: six other citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other Borough office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education.
In the event that the Borough has an Environmental Commission pursuant to N.J.S.A. 40:56A-1 et seq., one member of said Commission must sit on the Planning Board. The Environmental Commission member shall be a Class IV 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 Environmental Commission member shall be deemed a Class II member.
No member of the Planning Board shall receive any compensation for his or her services on the Board.
The term of the member composing Class I shall correspond with the Mayor's official tenure, however, the Mayor's 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 the Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her 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 term shall be evenly distributed over the first four years after their appointment as determined by resolution of the Borough Council; provided, however, that no term of any member shall exceed four years and further provided 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.
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.
Any member of the Planning Board other than the Class I member may be removed by the Borough Council for cause. Any member so removed shall be entitled to a public hearing if requested by the member.
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 Borough 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 Borough 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 Borough Council for its use.
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. It shall also have the following powers and duties:
To make, adopt and 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.
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.
Pursuant to N.J.S.A. 40:55D-47, to waive notice of public hearing for applications for development, if the application conforms to the definition of "minor subdivision" as defined in N.J.S.A. 40:55D-5.
To consider and make report to the Borough Council 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.
To consider and make report to the Borough Council relative to the adoption of any official map or any amendment thereto, pursuant to the provisions of N.J.S.A. 40:55D-26a.
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 N.J.S.A. 40:55D-70c; direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32, and direction pursuant to 40:55D-36 for issuance of a permit for a building or structure not related to a street. Whenever relief is requested pursuant to this section, notice of the 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.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other agencies or officials, pursuant to N.J.S.A. 40:55D-26b.
At the request of a developer, grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. In such cases, the developer shall not be required to submit any fees for the informal review, and neither the developer nor the Board shall be bound by any such concept plan or review.
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.
Preliminary approval, 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.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 261-8I, 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 administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
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 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.
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-l et seq., shall be filed with the Planning Administrator. The applicant shall obtain all necessary forms from the Planning Administrator. The Planning Administrator shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
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.
The Mayor may appoint to the Planning Board not more than two alternate members who shall meet the qualifications of Class IV members as set forth in § 261-1 hereof. 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 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. A vacancy occurring otherwise than by expiration of the term shall be filled by the appointing authority for the unexpired term only.
No alternate members shall be permitted to act on any matter in which they have either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the governing body for cause.
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.