[Amended 1-26-1987 by Ord. No. 1079]
There is hereby established pursuant to N.J.S.A.
40:55D-1 et seq. a Planning Board of seven members consisting of the
following four classes:
A.
Class I. The Mayor.
B.
Class II. One of the officials of the Borough, other
than a member of the Borough Council, to be appointed by the Mayor.
C.
Class III. A member of the Borough Council, to be
appointed by it.
D.
Class IV. Four other citizens of the Borough, to be
appointed by the Mayor. The members or alternate members of Class
IV shall hold no other Borough office, position or employment.
[Amended 9-28-1997 by Ord. No. 1291]
[Amended 2-8-1982 by Ord. No. 962]
A.
The term of the member composing Class I shall correspond
with his or her 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.
B.
The terms of all Class IV members, excepting alternate
members as hereinafter provided, 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 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 terms
for which they were appointed. Thereafter, all Class IV members excepting
alternate members as hereinafter provided 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.
C.
There shall also be appointed by the Mayor two alternate
members for Class IV members who shall meet the qualifications of
Class IV members of nine-member planning boards. The alternate members
shall be designated at the time of appointment 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 alternate members first appointed exceed two years.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as provided in § 23-3 for the unexpired term.
The Planning Board shall elect a Chairperson
and Vice Chairperson 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.
[Amended 1-26-1987 by Ord. No. 1079]
A.
The Planning Board is authorized to adopt bylaws governing
its procedural operation. It shall also have the following powers
and duties:
(1)
To make and 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.
(3)
To approve conditional use applications in accordance with the provisions of Chapter 230, Zoning, pursuant to N.J.S.A. 40:55D-67.
[Added 9-28-1997 by Ord. No. 1291]
(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)
When authorized by the Borough Council, from time
to time, to prepare a program of Borough capital improvement projects
projected over a period of six years, and amendments thereto, and
recommend such to the Borough Council.
(7)
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
and also pass 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.
(8)
Whenever a proposed development requires the approval
pursuant to the Code of the Borough of Glen Rock of a subdivision,
site plan or conditional use, but not a variance pursuant to N.J.S.A.
40:55D-70, 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.
(9)
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 officers.
B.
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and 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 the 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 or purpose of the zone plan and Chapter 230, Zoning.
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[1] or a deed clearly describing the approved minor subdivision
is filed by the developer with the county recording officer, the Borough
Engineer and the Borough Tax Assessor. Any such plat or deed shall
be signed by the Chairperson 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.
B.
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.
C.
Ancillary powers. Whenever the Planning Board is called
upon to exercise its ancillary powers before the granting of a variance
as set forth in § 23-8H, 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.
D.
Final approval; major subdivision.
(1)
Application. Application for final subdivision approval
shall be granted or denied within 45 days of the submission of a complete
application or within such further time as may be consented to by
the applicant.
(2)
Expiration of final approval. 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.
E.
The time limits for filing as prescribed in this section
may be extended by the Planning Board in accordance with N.J.S.A.
40:55D-47 and 40:55D-49, under the conditions prescribed by the Municipal
Land Use Law.
[Added 9-28-1997 by Ord. No. 1291]
A.
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 10 days before the date of the monthly
meeting of the Board:
B.
At the time of filing the application, but in no event
less than 10 days prior to the date set for the hearing, the applicant
shall also file all plot plans, maps or other papers required by virtue
of any provision of this chapter or any rule of the Planning Board.
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.
The Mayor may appoint one or more persons as
a Citizen 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 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.