A. 
There is hereby established, pursuant to P.L. 1975, c. 291,[1] in the Borough of Northvale 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 Borough other than a member of the governing body, to be appointed by the Mayor.
[Amended 8-10-1994 by Ord. No. 675-94]
(3) 
Class III: a member of the Council, to be appointed by a majority vote of the Council.
[Amended 8-10-1994 by Ord. No. 675-94]
(4) 
Class IV: six other citizens of the Borough, to be appointed by the Mayor. 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.
[Amended 8-10-1994 by Ord. No. 675-94]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Alternate members.
[Added 1-28-1981 by Ord. No. 478; amended 5-14-2003 by Ord. No. 782-2003]
(1) 
The governing body of any municipality in which the Planning Board exercises the powers of the Board of Adjustment pursuant to Subsection c of § 16 P.L. 1975 c.291 (N.J.S.A. 40:55D-25) may, by ordinance, provide for the appointment to the Planning Board of not more than four alternate members, which shall be municipal residents. The governing body of any municipality with a separate Planning Board and Board of Adjustment may, by ordinance, provide for the appointment to the Planning Board of not more than two alternate members, who shall be municipal residents.
(2) 
Alternate members shall be appointed by the appointing authority for Class IV members, and shall meet the qualifications of Class IV members of nine member Planning Boards. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2" and in the case of a municipality in which four alternates have been appointed, "Alternate No. 1, "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." The terms of 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; provided, however, that in any municipality in which four alternates have been appointed, the term of not more than two alternate members shall expire in any one year; and provided further that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
(3) 
No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body by cause.
(4) 
Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by ordinance of the governing body pursuant to § 14 of P.L. 1975 c.291 (N.J.S.A. 40:55D-23). A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Amended 8-10-1994 by Ord. No. 675-94]
A. 
The term of the member in Class I shall correspond with his official tenure. The terms of the members in Class II and Class III shall be for one year or shall terminate at the completion of their respective terms of office, whichever occurs first.
B. 
The term of a 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 his Class IV term, whichever occurs first.
C. 
The terms of 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 evenly distributed 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 terms of any present members 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 herein provided. All terms shall run from January 1 of the year in which the appointment was made.
If a vacancy of 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 it.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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, who shall be an attorney other than the Borough 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, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Borough in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of Chapter 178, Subdivision of Land, and Chapter 159, Site Plan Review, in accordance with the provisions of said chapters and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C. 
To approve conditional use applications in accordance with the provisions of Chapter 200, 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 recommended 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 Mayor and Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
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 variances pursuant to N.J.S.A. 40:55D-70c. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Planning Board.
[Amended 5-14-1980 by Ord. No. 409; 4-10-1985 by Ord. No. 529-85; 4-8-1998 by Ord. No. 726-98]
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.
J. 
The Planning Board shall have all of the powers and duties listed and enumerated in the Municipal Land Use Law.[1]
[Added 4-8-1998 by Ord. No. 726-98]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
K. 
In addition, upon the request of the Mayor and Council, the Planning Board shall make written recommendation on any matter which is referred to it for consideration.
[Added 4-8-1998 by Ord. No. 726-98]
L. 
In addition, the Planning Board shall exercise, to the same extent and subject to the same restrictions, all the powers and duties of a Board of Adjustment listed and enumerated in the Municipal Land Use Law; provided, however, that the Class I and Class III members shall not participate in the consideration of the applications for development which involve relief pursuant to Section 57d of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70d). Alternate members of the Planning Board shall not take the place of a Class I or Class III members of the Board when they must step down from consideration.
[Added 4-8-1998 by Ord. No. 726-98]
A. 
Determination of completeness.
[Added 4-10-1985 by Ord. No. 529-85]
(1) 
"Complete application" means an application form and accompanying maps and documents containing the items of information required in § 159-3 of Chapter 159, Site Plan Review, and Articles IV, V and VI of Chapter 178, Subdivision of Land. Said section and Articles are hereby designated as the checklist for such information and shall be supplied to the applicant in a form such that a check mark can be entered for each item. The applicant may request that one or more of the submission requirements be waived. Nothing in this definition shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for subdivision have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Board.
(2) 
The Borough Engineer shall review submissions for completeness and take action on accepting or rejecting this submission as a complete application within 45 days of such submission. In the event that the Borough Engineer does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless the application lacks information indicated on the application checklist and unless the Borough Engineer has notified the applicant, in writing, of the deficiencies within the forty-five-day period from the initial submission. The applicant may request that one or more of the submission requirements be waived, in which event the Planning Board shall grant or deny the request within 45 days.
B. 
Minor subdivisions and minor site plan approvals.
(1) 
Minor subdivision approvals 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. Except as provided in Subsection B(3) below, approval of a minor subdivision shall expire 190 days from the date on which the Planning Board resolution of approval is adopted, 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 Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.[2]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(2) 
Minor site plan approval. 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 the Planning Board, as the case may be, or within such further time as may be consented to by the applicant. The failure of the Planning Board to act within the prescribed period shall constitute a granting of the minor site plan approval. The zoning requirements 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 from the date of such minor site plan approval.
[Added 5-14-1980 by Ord. No. 409]
(3) 
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to 40:55D-47d if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.[3]
[3]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(4) 
The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.[4]
[4]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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. In the event that the application for preliminary major subdivision approval is found to be incomplete, the developer shall be notified, in writing, of such deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of submission of such application or it shall be deemed to be properly submitted.
[Amended 5-14-1980 by Ord. No. 409]
D. 
Variances. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 29-7H herein, 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 officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision 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 chapter. 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 pursuant to law.
[Amended 4-10-1985 by Ord. No. 529-85]
E. 
Final approval.
(1) 
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.
(2) 
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. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.
[Amended 8-10-1994 by Ord. No. 675-94]
[Amended 5-14-1980 by Ord. No. 409; 8-10-1994 by Ord. No. 675-94]
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 said Board no fewer than 18 copies of its application form, sketch plat, subdivision and/or site plan maps or any other papers deemed necessary as the circumstances may provide. At the time of the filing of the application, but in no event less than 10 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 provisions of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary application forms from the Planning Board Secretary. 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.
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.