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:
A.
Class I: 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, 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.
A.
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, except for a Class II member who
is also a member of the Environmental Commission. The term of a Class II or
a Class IV member who is also a member of the Environmental Commission shall
be for three years or terminate at the completion or his term of office as
a member of the Environmental Commission, whichever comes first.
B.
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.
C.
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, 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.
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.
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.
A.
Minor subdivision. 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
(N.J.S.A. 40:23-99), 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 as set forth in § 33-7H 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 administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
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 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 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.