Borough of River Edge, NJ Article I Municipal Land Use Board

[Amended 10-16-1978 by Ord. No. 734; 12-16-1996 by Ord. No. 1172; 5-1-2017 by Ord. No. 17-15[1]]

[1] Editor’s Note: This ordinance also amended the title of this article, which was formerly Planning Board.

§ 49-1 Establishment; classes of membership.

Pursuant to N.J.S.A. 40:55D-25c(1) (New Jersey Municipal Land Use Law) the planning board initially established pursuant to c. 291, P.L. 1975[1] shall be known as the "Borough of River Edge Municipal Land Use Board" and exercise all the powers previously delegated to the Zoning Board of Adjustment.

The Municipal Land Use Board shall be composed of nine members consisting of the following four classes:

A. Class I. The Mayor, or the Mayor's designee in the absence of 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 Municipal Land Use Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Municipal Land Use 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 Board of Education.

§ 49-2 Terms.

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 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 term 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.

D. The appointment and terms of members duly seated as members of the River Edge Planning Board at the time of the adoption shall not be affected by the Planning Board assuming the powers of the former Zoning Board of Adjustment.

§ 49-3 Vacancies.

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.

§ 49-4 Officers.

The Municipal Land Use 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 Municipal Land Use Board or a municipal employee designated by it.

§ 49-5 Municipal Land Use Board Attorney.

There is hereby created the office of Municipal Land Use Board Attorney. The Municipal Land Use Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Municipal Land Use Board Attorney, who shall be an attorney other than the Municipal Attorney.

§ 49-6 Experts and staff.

The Municipal Land Use 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.

§ 49-7 Powers and duties.

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 act, pursuant to the powers granted to planning boards by N.J.S.A. 40:55D-25.

B. 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.

C. To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the municipality[1] in accordance with the provisions of said ordinances and the Municipal Land Use Law, Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.

[1] Editor’s Note: See Ch. 330, Site Plan Review, and Ch. 366, Subdivision of Land.

D. To approve conditional use applications in accordance with the provisions of the Zoning Ordinance[2] pursuant to N.J.S.A. 40:55D-67.

[2] Editor's Note: See Ch. 416, Zoning.

E. To participate in the preparation and review of programs or plans required by state or federal law or regulations.

F. To assemble data on a continuing basis as part of a continuous planning process.

G. To annually prepare a program of municipal capital improvement projects, projected over a term of six years, and amendments thereto, and recommend the same to the governing body.

H. 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-26a, 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-26b.

I. 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.

J. To grant variances pursuant to Subsection 57c of Chapter 291, P.L. 1975,[3] 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.

K. 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.

L. To administer the provisions of Part 7, Soil Removal.

M. To administer the provisions of ordinances and laws related to planned unit developments.

N. To act, pursuant to the powers granted to boards of adjustment by N.J.S.A. 40:55D-70, except that Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d. of N.J.S.A. 40:55D-70.

O. To exercise such powers and duties as the Joint Planning Board may be given under Part 9, Zoning.

P. To administer the provisions of such other ordinances and laws as may require review, report or other action.

§ 49-8 Schedule of approval and denial procedures.

A. Minor subdivisions.

(1) Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of the complete application to the Municipal Land Use 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 Municipal Land Use 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 Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Municipal Land Use 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.

(2) The Municipal Land Use Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection A(1) if the developer proves to the reasonable satisfaction of the Municipal Land Use 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 Municipal Land Use Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(3) The Municipal Land Use 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 entities 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. Preliminary approval of major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Municipal Land Use 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 Municipal Land Use 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 Municipal Land Use Board shall be deemed to have granted preliminary approval for the subdivision.

C. Ancillary powers. Whenever the Municipal Land Use Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, § 49-7G of this chapter, the Municipal Land Use 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 Municipal Land Use 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 Municipal Land Use Board to act shall be issued on request of the applicant.

D. 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 Municipal Land Use 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. The Municipal Land Use Board may extend the ninety-five or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Municipal Land Use 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 Municipal Land Use Board. The developer may apply for an extension either before or after the original expiration date.

§ 49-9 Applications; procedure for filing.

Applications for development within the jurisdiction of the Municipal Land Use Board pursuant to the provisions of c. 291, P.L. 1975 shall be filed with the Secretary of the Municipal Land Use Board. The applicant shall file at least 14 days before the date of the monthly meeting of the Board 12 copies of a sketch plat; three copies of applications for minor subdivision approval; three copies of applications 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 Municipal Land Use Board. The applicant shall obtain all necessary forms from the Secretary of the Municipal Land Use 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.

§ 49-10 Advisory Committee.

The Mayor may appoint one or more persons as a Citizens Advisory Committee to assist or collaborate with the Municipal Land Use Board and 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.

§ 49-11 Environmental Commission.

The Municipal Land Use Board shall make available to the Environmental Commission an informational copy of every application for development to the Municipal Land Use Board. Failure of the Municipal Land Use Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

§ 49-12 Alternate members.

A. In addition to the membership of the Board as set forth in § 49-1 and N.J.S.A. 40:55-23.1 the Municipal Land Use Board shall also consist of two alternate Class IV members. Alternate members shall serve for terms of two years; provided, however, that in the event that two alternate members of Class IV are appointed, the initial terms of such members shall be one and two years, respectively. Such alternate Class IV members shall be designated by the Appointing Authority as "Alternate Number I" and "Alternate Number II" and shall serve in rotation during the absence or disqualification of any regular member or members of Class IV, except in the case where the Board is exercising authority under N.J.S.A. 40:55D-70 where the Class I and Class III members shall not participate.

B. In accordance with the New Jersey Municipal Land Use Law ("MLUL"), specifically, N.J.S.A. 40:55D-23.1, a planning board exercising the powers of the Board of Adjustment may have up to four alternate members and will be designated by the appointing authority as "Alternate 3" and "Alternate 4." Initial terms shall be established so that the terms of Alternate 1 and 3 will expire concurrently and the terms of Alternate 2 and Alternate 4 shall expire concurrently.

§ 49-13 Bylaws, rules and regulations.

In accordance with N.J.S.A. 40:55D-8, the Municipal Land Use Board is hereby authorized to adopt and may amend reasonable rules and regulations not inconsistent with the New Jersey Municipal Land Use Law (MLUL) N.J.S.A. 40:55D for the administration of its functions, powers, duties and to carry into effect the provisions and purposes of this chapter.

§ 49-14 Administrative officer.

For purposes of administration of this Article I, the following officer is designated as administrative officer to the Municipal Land Use Board: the Secretary of the Municipal Land Use Board. Such officer shall have the powers and duties provided by N.J.S.A. 40:55D-1 et seq. and by the ordinances of the Borough of River Edge adopted pursuant thereto.