[Amended 9-15-1981 by Ord. No. 855]
A. 
There is hereby established pursuant to P.L. 1975, c. 291,[1] in the Township of Wyckoff, a Planning Board of nine members consisting of the following four classes:
(1) 
Class I: the Mayor.
(2) 
Class II: one of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor with the approval of the Township Committee; provided that 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 deemed to be the Class II Planning 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.
(3) 
Class III: a member of the governing body, to be appointed by it.
(4) 
Class IV: six other citizens of the municipality, to be appointed by the Mayor with the approval of the Township Committee.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
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.
C. 
A 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 be among the 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 of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
D. 
The Mayor, with the approval of the Township Committee, may also appoint two alternate members of the Planning Board. Alternate members shall meet the qualifications of Class IV members of the Planning Board. The alternate members shall be designated by the Township Committee as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year. Alternate members shall serve in rotation during the absence or disqualification of any regular member of any class.
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 the Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of the 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 terms 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 except 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 employee designated by the Planning Board.
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, provided it does not exceed the amount appropriated by the governing body for its use and it does not exceed the compensation set forth for the Planning Board Attorney in the Annual Salary Ordinance. 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, however, exceed, 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 Township of Wyckoff, taking into consideration any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the Township of Wyckoff, 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 Township of Wyckoff[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. 168, Subdivision and Site Plan Review.
C. 
To approve conditional uses 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. 186, Zoning.
D. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations if requested to do so by resolution of the governing body.
E. 
To assemble data on a continuing basis as part of a continuous planning process.
F. 
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
G. 
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-26(a), and also pass upon other matters specifically referred to the Planning Board by the governing body of the Township of Wyckoff pursuant to the provisions of N.J.S.A. 40:55D-26(b).
H. 
Approval of subdivisions, site plans and conditional uses.
[Amended 2-5-1982 by Ord. No. 815; 7-2-1985 by Ord. No. 961]
(1) 
Whenever a proposed development requires approval pursuant to the Code of the Township of Wyckoff of a subdivision, site plan or conditional use, but not for a variance pursuant to N.J.S.A. 40:55D-70(d), the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(a) 
Variances pursuant to N.J.S.A. 40:55D-70(c);
(b) 
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on an official map;
(c) 
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.
(2) 
Whenever relief is requested pursuant to this section, notice of the 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.
(3) 
The developer 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 variance of direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board.
(4) 
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.[3]
[3]
Editor's Note: See Ch. 186, Zoning.
I. 
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.
A. 
Minor subdivisions.
(1) 
The Planning Board may waive notice and public hearing on an application for development if the Planning Board or Subdivision Committee of the Board finds that the application for development conforms to the definition of minor subdivision as set forth in the Subdivision Ordinance.[1]
[1]
Editor's Note: See Ch. 168, Subdivision and Site Plan Review.
(2) 
Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 55D-39, 55D-40 and N.J.S.A. 40:55D-53.
(3) 
The approval of a minor subdivision 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. 40:23-9.9 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.
(4) 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Municipal 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.
(5) 
As a condition of subdivision or site plan approval, the approving authority may require the installation and maintenance of on-tract improvements and, if authorized by ordinance, may require a developer to pay his pro rata share of the cost of off-tract improvements in accordance with N.J.S.A. 40:55D-42.
(6) 
The zoning requirements[2] and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded.
[2]
Editor's Note: See Ch. 186, Zoning.
B. 
Minor site plans.
(1) 
The Planning Board may waive notice and public hearing on an application for development if the Planning Board or Site Plan Subcommittee of the Board appointed by the Chairman finds that the application for development conforms to the definition of minor site plan as set forth in the Land Subdivision and Site Plan Ordinance.[3] Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board or said Subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to Sections 29, 29.1, 29.3 and 41 of the Municipal Land Use Act (N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53).
[Added 2-5-1980 by Ord. No. 815]
[3]
Editor's Note: See Ch. 168, Subdivisions and Site Plan Review.
(2) 
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer 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 minor site plan approval.
(3) 
Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Municipal 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.
(4) 
The zoning requirements[4] and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval.
[4]
Editor's Note: See Ch. 186, Zoning.
C. 
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 consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.
D. 
Ancillary powers; time periods. 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 a developer of a complete application to the administrative officers or within such time as may be consented by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provisions shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this Article and the New Jersey Municipal Land Use Act. 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 upon request of the applicant, and it shall be sufficient in lieu of the written endorsements or other evidence of approval herein required and shall be so accepted by the County recording officer for the purpose of filing subdivision plats.
[Amended 7-2-1985 by Ord. No. 961]
E. 
Final approval of major subdivision. 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 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.
F. 
Preliminary approval of site plans. Upon the submission to the Secretary of the Planning Board of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or less, 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 the submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, 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 consented to by the developer. The Planning Board shall, if the proposed development complies with the appropriate ordinances and the Municipal Land Use Law, grant preliminary site plan approval.
[Amended 2-5-1980 by Ord. No. 815]
G. 
Final approval of site plans. The Planning Board shall grant final approval if the site plan conforms to the standards established by the Site Plans Ordinance[5] for final approval and the conditions of preliminary approval are met. Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Whenever review or approval of the application by the County Planning Board is required, the Municipal Planning Board shall condition any approval that it grants upon the 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.
[5]
Editor's Note: See Ch. 168, Subdivision and Site Plan Review.
H. 
Default approval.
(1) 
Failure of the Planning Board to act within the period prescribed in Subsections A, B, C, D, E and F above shall constitute approval of the completed application, and a certificate from the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval required.
(2) 
If an application for development is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be properly submitted.
A. 
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions of the Subdivision Ordinance[1] if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[1]
Editor's Note: See Ch. 168, Subdivision and Site Plan Review.
B. 
The Planning Board, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions of the Site Plan Review Ordinance[2] if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[2]
Editor's Note: See Ch. 168, Subdivision and Site Plan Review.
C. 
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
[Amended 2-5-1980 by Ord. No. 815]
Completed applications for development within the jurisdiction of the Planning Board pursuant to the provisions of P.L. 1975, c. 291,[1] shall be filed with the Secretary of the Planning Board. Applicant shall file, at least 14 days before the date of the monthly meeting of the Board, the sketch plats and completed application forms as required by ordinance and the rules and regulations of the Board. At the time of filing the completed 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 ordinance or any rule and regulation of the Planning Board and same shall be available for public inspection during normal business hours in the office of the Planning Board Secretary. The Secretary of the Planning Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting date of the Board. If an application for development is found to be incomplete, the applicant shall be notified in writing of the deficiencies therein by the Board or the Secretary of the Planning Board for the determination of completeness within 45 days of the submission of such application or it shall be deemed to be properly submitted.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Approved plats for minor subdivisions, preliminary and final major subdivisions, site plans and conditional uses shall be signed by the Planning Board Chairman and Secretary.
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.
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
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.