There is hereby established pursuant to P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.), in the Borough of Haledon, a Planning Board of nine members
consisting of the following four classes:
B. 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 N.J.S.A.
40:56A-1 shall be deemed to be the Class II Planning Board member if there
is both a member of the Zoning Board of Adjustment and a member of the Board
of Education among the Class IV members.
C. Class III: a member of the governing body, 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 other municipal
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. 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 unless there be among the
Class IV members of the Planning Board both a member of the Zoning Board of
Adjustment and a member of the Board of Education, in which case the member
of the Environmental Commission shall be deemed to be the Class II member
of the Planning Board.
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 either be a member of
the Planning Board or a municipal employee designated by it.
There is hereby created the position of Planning Board Attorney. The
Planning Board may annually appoint 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.
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:
A. To make and adopt and from time to time amend a master
plan for the physical development of the municipality, including any areas
outside its boundaries which in the Board's judgment bear essential relation
to the planning of the municipality, in accordance with the provisions of
N.J.S.A. 40:55D-28.
B. To administer the provisions of Chapter
332, Site Plan Review, of the municipality in accordance with the provisions of said ordinances and the Municipal Land Use Law, P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq.
C. To approve conditional use applications in accordance with the provisions of Chapter
405, Zoning, pursuant to N.J.S.A. 40:55D-67.
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 continuous
planning process.
F. 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.
G. 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-26(a), 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-26(b).
H. 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 Section 57c of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70c), 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.
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.
Applications for development within the jurisdiction of the Planning
Board pursuant to the provisions of P.L. 1975, c. 291 (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 14 days before the date of the monthly meeting of the
Board, three copies of a sketch plat, three copies of an application for minor
subdivision approval, three copies of an application for major subdivision
approval or three 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 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 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.
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 an
informational copy of every application for the 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.