Borough of North Haledon, NJ Article I Planning Board

§ 70-1 Establishment; membership.

[Amended 1-26-1979 by Ord. No. 2-1979]

There is hereby established pursuant to P.L. 1975, c. 291,[1] a Planning Board of nine members consisting of the following four classes:

A. Class I: the Mayor, or the Mayor's designee in the absence of the Mayor, in accordance with the N.J.S.A. 40:55D-23a.

[Amended 2-17-2010 by Ord. No. 2-2010]

B. Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor, and one alternate to be appointed by the Mayor.

C. Class III: a member of the governing body, to be appointed by it, and one alternate to be appointed by the governing body.

D. Class IV: six other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office. The Mayor shall appoint two alternates.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 70-2 Terms of office.

The term of the member composing Class I shall correspond with his/her 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.

§ 70-3 Vacancies.

If a vacancy of any class shall occur otherwise than by expiration of a term, it shall be filled by appointment as above provided for the unexpired term.

§ 70-4 Organization.

The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV and select a Secretary who may either be a member of the Planning Board or a municipal employee designated by it.

§ 70-5 Planning Board Attorney.

There is hereby created the position of Planning Board Attorney. The Planning Board may annually appoint the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.

§ 70-6 Experts and staff.

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.

§ 70-7 Powers and duties generally.

The Planning 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. 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 municipality, including any areas outside its boundaries, which, in the Board's judgment, bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.

B. To administer the provisions of Chapter 490, Site Plan Review, and Chapter 530, Subdivision of Land, in accordance with the provisions of said chapters and the Municipal Land Use Law, P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq.

C. To approve conditional use applications in accordance with the provisions of Chapter 600, Zoning, 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.

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 the same to the governing body.

G. To consider and make a report to the governing body within 35 days after referral as to any proposed development regulation 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, pursuant to the provisions of N.J.S.A. 40:55D-26b.

H. When reviewing applications for the approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Planning Board, variances pursuant to Subsection 57c of P.L. 1975, c. 291,[1] 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. Whenever relief is required pursuant to this Subsection H, notice of a hearing on the application for development shall include reference to the request for a variance.

[Amended 11-2-2022 by Ord. No. 25-2022]

[1] Editor's Note: See N.J.S.A. 40:55D-70c.

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.

§ 70-8 Time limit for decisions.

A. Minor subdivision. Minor subdivision approvals shall be granted or denied with 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 the Planning Board approval, unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law[1] 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 must be signed by the Chairperson and Secretary of the Planning Board before it will be accepted for filing by the court recording officer.

[1] Editor's Note: See now N.J.S.A. 46:26B-1 et seq.

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 consented to 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 § 70-7H, the Planning Board shall grant or deny approval of the 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. Application for final subdivision approval shall be granted or denied 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.

§ 70-9 Filing of applications.

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. The applicant shall file, at least 14 days before the date of the monthly meeting of the Board, 10 copies of a sketch plat, 10 copies of applications for minor subdivision approval, 10 copies of applications for major subdivision approval, or 10 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 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions 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 Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 70-10 Advisory Committee.

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.