There is hereby established pursuant to P.L.
1975, C. 291, in the Borough of Rutherford 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.
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, with consent of Council. 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.
[Added 12-18-1979 by Ord. No. 2273-79]
A. In addition to the regular members, there shall be
two Class IV alternate members of the Planning Board.
B. The alternate members shall serve for terms of two
years and shall be designated numerically by the Board Chairman and
appointed in accordance with the provisions of N.J.S.A. 40:55D-23.
If a vacancy in 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 municipal employees
designated by the Planning Board.
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, provided that it does not exceed the amount appropriated
by the governing body for its use. The Planning Board Attorney 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 exceed, however, exclusive of
gifts or grants, the amount appropriated by the governing body 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 of Rutherford, including
any areas outside its boundaries which in the Board's judgment bear
essential relation to the planning of the Borough of Rutherford, in
accordance with the provisions of N.J.S.A. 40:55D-28.
B. To administer the provisions of the Land Subdivision
Ordinance and Site Plan Review Ordinance of the Borough of Rutherford in accordance with the provisions of said ordinances and
the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C. To participate with the Mayor and Council 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 prepare every two years a program of municipal
capital improvement projects projected over a term of six years, and
amendments thereto, and recommend same to the governing body.
F. To consider and make report to the governing body
within 35 days after referral as to any proposed development regulation,
revisions or amendments thereto, 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 of the Borough
of Rutherford, pursuant to the provisions of N.J.S.A. 40:55D-26b.
G. 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:
(1) Variances pursuant to Section 57c of c. 291, L. 1975, 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.
(2) Direction pursuant to Section 25 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.
(3) Direction pursuant to Section 27 of said Act for issuance of a permit for a building or structure not
related to a street.
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Whenever relief is requested pursuant to Subsection G, notice of a 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.
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H. 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 officer.
[Amended 3-7-1989 by Ord. No. 2530-89]
Applications for development within the jurisdiction
of the Planning Board pursuant to the provision of c. 291, P.L. 1975,
shall be filed with the Building Inspector. The applicant shall file,
at least 30 days before the date of the monthly meeting of the Board,
11 copies of a sketch plat, 11 copies of an application for minor
subdivision approval, 11 copies of an application for major subdivision
approval or 11 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 30 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. The applicant shall obtain all necessary forms
from the Secretary of the Planning Board. The Secretary of the Planning
Board shall inform the applicant of the steps to be taken to initiate
applications and of the regular meeting dates of the Planning 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.
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.
For purposes of this chapter, the administrative
officer shall be the Building Inspector.