[Amended 9-15-1981 by Ord. No. 855]
A. There is hereby established pursuant to P.L. 1975,
c. 291, in the Township of Wyckoff, a Planning Board of nine members
consisting of the following four classes:
(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.
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.
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 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 approve conditional uses in accordance with the
provisions of the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.
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.
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.
[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, 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.
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.