There is hereby established pursuant to P.L.
1975, C. 291,[2] in the Borough of Rutherford 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.
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.
[1]
Editor's Note: This chapter has been enacted In conformance with the provisions of the Municipal Land Use Law (c. 291, P.L. 1975) to revise administrative procedures for land use and development (including subdivision of land and zoning) in the Borough of Rutherford. Where conflicts or inconsistencies exist between this chapter and other chapters or sections of the Code, § 51-43 of this chapter has provided for the repeal of such inconsistencies. Action will be taken in the future by the Mayor and Council to amend other sections of the Code In conformity with this chapter and the Land Use Law.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 12-18-1979 by Ord. No. 2273-79]
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. The term
of a Class IV member who is also a member of the Zoning Board of Adjustment
or 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.
B.
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 distributed
evenly 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 terms for which they were appointed. Thereafter all Class IV members
shall be appointed for terms of four years, accept as otherwise hereinabove
provided. All terms shall run from January 1 of the year in which
the appointment is made.
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[1] 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:
(2)
(3)
Direction pursuant to Section 27 of said Act[5] 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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[5]
Editor's Note: See N.J.S.A. 40:55D-36.
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.
A.
Minor subdivisions. The approval of a minor subdivision,
which is defined in the Subdivision Ordinance as three lots or fewer,[1] 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, P.L. 1960,
c. 141 (N.J.S.A. 46:23-9.9 et seq.) 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 accepted for such filing shall 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 considered
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 Article I, § 51-7G, of this chapter, the Planning Board shall grant or deny approval of the complete 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. Upon submission of a completed application
for final subdivision approval, the Planning Board shall grant or
deny said application 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 shall, 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 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.
[1]
Editor's Note: Former § 51-9.1, Appeals to Planning Board
from decisions of Park Avenue Business Improvement District Management
Corporation, and former § 51-9.2, Appeal applications and time
requirements, were repealed 9-12-2016 by Ord. No. 3406-16.
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.
