A.
The North Arlington Planning Board, created pursuant
to N.J.S.A. 40:55D-23 et seq., shall consist of nine members of the
following four classes:
(1)
Class I: the Mayor or the Mayor's designee in the
absence of the Mayor.
[Amended 2-9-2006 by Ord.
No. 1953]
(2)
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 a North Arlington Borough Environmental
Commission (herein referred to as the "Environmental Commission"[1]), 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 for the purposes
of this chapter in the event that there is among the Class IV or alternate
members of the Planning Board both a member of the Zoning Board of
Adjustment and a member of the Board of Education.
(3)
Class III: a member of the Borough Council to be appointed
by the Borough Council.
(4)
Class IV members: 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 Board of Adjustment. One Class IV member may be a member of the
Board of Education. 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 a Class IV Planning
Board member unless there are among 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 common to the
Planning Board and the Environmental Commission shall be deemed a
Class II member of the Planning Board. For the purpose of this section,
membership on a municipal board or commission whose function is advisory
in nature, the establishment of which is discretionary and not required
by statute, shall not be considered the holding of municipal office.
B.
Terms.
(1)
The term of the member composing Class I shall correspond
to the Mayor's official tenure or if the member is the Mayor's designee
in the absence of the Mayor, the 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 their term of office
as a member of the Environmental Commission, whichever comes first.
The term of a Class IV member who is also a member of the Board of
Adjustment or Board of Education shall terminate whenever he/she is
no longer a member of such other body or at the completion of his/her
Class IV term, whichever occurs first. Thereafter, the Class IV term
of each such Class IV member shall be four years. If a vacancy in
any class shall occur otherwise than by expiration of the Planning
Board term, it shall be filled by appointment, as above provided,
for the unexpired term.
[Amended 2-9-2006 by Ord.
No. 1953]
(2)
If the Planning Board lacks a quorum because any of
its members are prohibited by N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1
from acting on a matter due to the member's personal or financial
interest, regular members of the Board of Adjustment shall be called
upon to serve, for that matter only, as temporary members of the Planning
Board in order of seniority of continuous service to the Board of
Adjustment until there are the minimum number of members necessary
to constitute a quorum to act upon the matter without any personal
or financial interest. If a choice has to be made between regular
members of equal seniority, the Chairperson of the Board of Adjustment
shall make the choice.
(3)
Nothing in this chapter shall, however, be construed
to 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.
C.
The Planning Board shall organize annually by selecting
from among its Class IV members a Chairperson and a Vice Chairperson.
The Board shall also select a Secretary who may or may not be a member
of the Board or a municipal employee, and create and fill such other
offices as established by ordinance.
D.
The governing body shall make provisions in its budget
and appropriate funds for the expenses of the Planning Board.
E.
The Planning Board may annually appoint a Planning
Board Attorney and fix compensation or rate of compensation of an
attorney at law of New Jersey other than the Municipal Attorney.
F.
The Planning Board may also employ or contract for
and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board, however, shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
G.
No member of the Planning Board shall be permitted
to act on any matter in which there is any personal or financial interest,
either directly or indirectly. Any member other than a Class I member,
after a public hearing, if requested, may be removed by the governing
body for cause.
A.
The Planning Board shall follow the provisions of
N.J.S.A. 40:55D-25 and shall accordingly exercise its powers in regard
to:
(1)
The Master Plan pursuant to N.J.S.A. 40:55D-28;
(2)
Subdivision control and site plan review pursuant
to N.J.S.A. 40:55D-37 et seq.;
(3)
The Official Map pursuant to N.J.S.A. 40:55D-32 et
seq.;
(4)
The Zoning Ordinance including conditional uses pursuant
to N.J.S.A. 40:55D-67;
(5)
The capital improvements program pursuant to N.J.S.A.
40:55D-29 et seq.;
(6)
Variances and certain building permits in conjunction
with subdivision, site plan and conditional use approval pursuant
to N.J.S.A. 40:55D-60 et seq.
B.
The Planning Board may:
(1)
Participate in the preparation and review of programs
or plans required by state or federal law or regulation;
(2)
Assemble data on a continuing basis as part of a continuous
planning process; and
(3)
Perform such other advisory duties as are assigned
to it by ordinance or resolution of the Borough Council.
A.
Planning Board review in lieu of Board of Adjustment.
Whenever the proposed development requires approval of a subdivision,
site plan or conditional use, but not a variance pursuant to N.J.S.A.
40:55D-70d, the Planning Board shall have the power to grant to the
same extent and subject to the same restrictions as the Board of Adjustment:
(1)
Variances pursuant to N.J.S.A. 40:55D-70c;
(2)
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 drainage way, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32; and
(3)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance
of a permit for a building or structure not related to a street.
(a)
Whenever relief is requested pursuant to this
section, notice of the hearing on the application for development
shall include reference to the request for variances or direction
for issuance of a permit, as the case may be.
(b)
The applicant may elect to submit a separate
application requesting approval of the variance or direction of the
issuance of a permit and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variances 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 and
purpose of the zone plan and Zoning Ordinance.
B.
Time periods.
(1)
Whenever an application for approval of a subdivision
plat, site plan or conditional use includes a request for relief pursuant
to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval
of the application within 120 days after submission by an applicant
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. In the
event that the applicant elects to submit separate consecutive applications,
the aforesaid provision shall apply to the application for approval
of the variance(s) or direction for issuance of a permit. The period
for granting or denying any subsequent approval shall be as otherwise
provided in N.J.S.A. 40:55D-70 et seq. 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. It 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 N.J.S.A. 40:27-6.3, in the
case of a subdivision, or 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.
A.
Prior to the adoption of a development regulation,
revision or amendment thereto, the Planning Board shall make and transmit
to the Borough Council, within 35 days after referral, a report including
identification of any provisions in the proposed development regulation,
revision or amendment which are inconsistent with the master plan
and recommendations concerning these inconsistencies and any other
matters as the Board deems appropriate. The Borough Council, when
considering the adoption of a development regulation, revision or
amendment thereto, shall review the report of the Planning Board and
may disapprove or change any recommendation by a vote of a majority
of its full authorized membership and shall record in its minutes
the reasons for not following such recommendations. Failure of the
Planning Board to transmit its report within the thirty-five-day period
provided herein shall relieve the Borough Council from the requirements
of this subsection in regard to the proposed development regulation,
revision or amendment referred to the Planning Board. Nothing in this
section shall be construed as diminishing the application of the provisions
of N.J.S.A. 40:55D-32 to any official map or an amendment or revision
thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment
or revision thereto.
B.
The Borough Council may, by ordinance, provide for
the reference of any matter or class of matters to the Planning Board
before final action thereon by a Borough body or Borough officer having
final authority thereon except for any matter under the jurisdiction
of the Board of Adjustment. Whenever the Planning Board shall have
made a recommendation regarding a matter authorized by this act to
another municipal body, such recommendation may be rejected only by
a majority of the full authorized membership of such body.
