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. 
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.
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.
[1]
Editor's Note: See Ch. 50, Land Subdivision and Site Plan Regulations.
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,[2] 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]
Editor's Note: see N.J.S.A. 40:55D-70c.
(2) 
Direction pursuant to Section 25 of said Act [3] 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.[4]
[3]
Editor's Note: See N.J.S.A. 40:55D-34.
[4]
Editor's Note: See N.J.S.A. 40:55D-32.
(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.
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.
[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.
[1]
Editor's Note: Under the provisions of the 1998 Zoning Ordinance of the Borough of Rutherford, "subdivision" is defined as "the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. See § 131-2C.
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.