There is hereby established, pursuant to c.
291, P.L. 1975,[1] in the Borough of Kinnelon 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 Borough other
than a member of the Borough Council, 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 are 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 Borough Council, to be
appointed by it.
D.
Class IV: six other citizens of the Borough, to be
appointed by the Mayor. The Class IV members 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. 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 are 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.
E.
In addition to the foregoing, the Mayor shall appoint
two alternate members, one to be designated by the Mayor as "Alternate
Member No. 1" and one to be designated as "Alternate Member No. 2."
The alternate members shall be appointed for Class IV members and
shall meet the qualifications of Class IV members of the nine-member
Planning Board. 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
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 terms shall be filled by
the Mayor for the unexpired term only.
(1)
No alternate member shall be permitted to act on any
matter in which he has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if he requests one, be removed by the governing body for cause.
(2)
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.
[2]
Editor's Note: This ordinance also provided
that any appointments as alternate members to the Planning Board be
retroactive to 1-1-1979.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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 of 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 Borough Council; provided, however, that no term
of any member shall exceed four years, and further provided that nothing
herein shall affect the terms of any present members 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
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.
D.
The term of appointment of an alternate member shall
run from January 1 to the year in which the appointment was made.
[Added 3-16-1995 by Ord. No. 2-95]
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 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 and 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 Planning Board is authorized to adopt bylaws
governing its procedural operation. 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 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.
C.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of
a continuous planning process.
E.
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 Borough Council.
F.
To consider and make a 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 Mayor and Council pursuant to the provisions of N.J.S.A.
40:55D-26b.
G.
Review of applications.
[Amended 10-19-1978 by Ord. No. 11-78]
(1)
When reviewing applications for approval of subdivision
plans, site plans, site plans or conditional uses (special exceptions),
the Planning Board shall have the power to grant, to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment:
(a)
Variances pursuant to Section 57c of P.L. 1975,
c. 291, from lot area, lot dimensional, setback and yard requirements.
[Amended 2-19-1981 by Ord. No. 1-81]
(b)
Direction pursuant to Section 26 of said Act
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 Section 23 of said Act.
(c)
Direction pursuant to Section 27 of said Act
for issuance of a permit for a building or structure not related to
a street.
(2)
Whenever relief is requested pursuant to this subsection,
notice of 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.
(3)
The developer may elect to submit a separate application
requesting approval of the variance or direction for 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 for 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 Zoning Ordinance.[2]
[Amended 3-21-1991 by Ord. No. 3-91]
H.
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.
I.
At the request of the developer, the Planning Board
shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. The amount of any fees for such an informal review
shall be a credit toward fees for review of the application for development.
The developer shall not be bound by any concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review.
[Added 3-21-1991 by Ord. No. 3-91]
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. Except as provided in § 47-9A, approval of a minor subdivision shall expire 190 days from the date on which the resolution of Planning Board approval is adopted, unless within such period of time 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 must
be signed by the Chairman and Secretary of the Planning Board before
it will be accepted for filing by the county recording officer.
[Amended 12-19-1991 by Ord. No. 21-91]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
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.
[Amended 3-21-1991 by Ord. No. 3-91]
(1)
Whenever an application for approval of a subdivision
plat, site plan or conditional use includes a request for relief pursuant
to P.L. 1984, c. 20, Section 10 of the Municipal Land Use Law (N.J.S.A.
40:55D-60), the Planning Board shall grant or deny approval of the
application within 120 days after submission by a developer of a completed
application to the administrative officer or within such further time
as may be consented to by the applicant. In the event that the developer
elects to submit separate consecutive applications, the aforesaid
provision shall apply to the application for approval of the variance
or direction for issuance of a permit. The period for granting or
denying any subsequent approval shall be as otherwise provided in
this chapter. 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 and 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 Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the 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.
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. Except as provided in § 47-9D, 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 (in accordance with N.J.S.A. 40:55D-54) 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.
[Amended 12-19-1991 by Ord. No. 21-91]
[Added 12-19-1991 by Ord. No. 21-91]
Extensions of time for approvals due to delay
in obtaining approvals from other governmental entities shall be as
follows:
A.
Minor subdivisions.
(1)
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to § 47-8A if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(2)
The Planning Board shall grant an extension of minor
subdivision approval for a period determined by the Board but not
exceeding one year from what would otherwise be the expiration date
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental agencies and that
the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would
otherwise be the expiration date of minor subdivision approval or
the 91st day after the developer receives the last legally required
approval from other governmental entities, whichever occurs later.
B.
Minor site plan approval. The Planning Board shall grant an extension of minor site plan approval due to delays in obtaining necessary governmental approvals for the reasons and in the manner set forth in Subsection A(2) above.
C.
Preliminary approval.
(1)
Whenever the Planning Board grants an extension of
preliminary approval pursuant to N.J.S.A. 40:55D-49c or d and preliminary
approval has expired before the date on which the extension is granted,
the extension shall begin on what would otherwise be the expiration
date. The developer may apply for the extension either before or after
what would otherwise be the expiration date.
(2)
The Planning Board shall grant an extension of preliminary approval due to delays in obtaining necessary governmental approvals for the reasons and in the manner set forth in Subsection A(2) above. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant to public health and safety or pursuant to N.J.S.A. 40:55D-49c or d.
D.
Final approvals.
(1)
Whenever the Planning Board grants an extension of
final approval pursuant to N.J.S.A. 40:55D-52a or b and final approval
has expired before the date on which the extension is granted, the
extension shall begin on what would otherwise be the expiration date.
The developer may apply for the extension either before or after what
would otherwise be the expiration date.
(2)
The Planning Board shall grant an extension of final approval due to delay in obtaining necessary governmental approvals for the reasons and in the manner set forth in Subsection A(2) above. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to N.J.S.A. 40:55D-52.
(3)
The Planning Board may extend the ninety-five-day
period of time or one-hundred-ninety-day additional period of time
for filing the major subdivision plat as set forth in N.J.S.A. 40:55D-54
if the developer proves to the reasonable satisfaction of the Planning
Board that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities and that the
developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Planning Board. The developer may apply for an extension either
before or after the original expiration date.
[Amended 10-19-1978 by Ord. No. 11-78; 7-17-1980 by Ord. No. 8-80; 5-21-1981 by Ord. No. 6-81]
Application for development within the jurisdiction
of the Planning Board pursuant to the provisions of P.L. 1975, c.
291,[1] shall be filed with the Secretary of the Planning Board.
The applicant shall file, at least 14 days before the date of the
monthly work session of the Board, 16 copies of a sketch plat, two
copies of an application for minor subdivision approval, two copies
of an application for site plan review, conditional use approval or
planned development, two copies of an application for preliminary
major subdivision approval, two copies of an application for final
major subdivision approval, along with the required fee. 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 plat
plans, maps or other papers required by virtue of any provision of
this chapter or any rule of the Planning Board. If the application
for development is found to be incomplete, the developer shall be
notified in writing of the deficiencies therein within 45 days of
submission of each application, or it shall be deemed to be properly
submitted.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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.
[Amended 11-17-2022 by Ord. No. 18-22]
Whenever the Sustainability and Open Space Advisory
Committee 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 Sustainability and Open Space Advisory Committee
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such informational
copy available to the Sustainability and Open Space Advisory Committee
shall not invalidate any hearing or proceeding.
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.
