[Amended 7-13-1999 by Ord. No. 408; 6-12-2001 by Ord. No. 434; 5-10-2005 by Ord. No. 467; 5-8-2007 by Ord. No. 491]
Pursuant to the authority of N.J.S.A. 40:55D-25c(1), there is hereby established in the Borough of Teterboro 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, or the Borough Manager.
B. 
Class II: one of the officials of the Borough other than a member of the Borough Council, to be appointed by the Mayor.
C. 
Class III: a member of the Borough Council, to be appointed by it.
D. 
Class IV. Six other citizens of the Borough, to be appointed by the Council.
A. 
The term of the member composing Class I shall correspond with his or 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.
B. 
The term of a Class IV member who is also a member of the Board of Adjustment shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her 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 term shall be evenly distributed over the first four years after their appointment as determined by resolution of the Borough Council; 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 term 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.
[Added 7-13-1999 by Ord. No. 408]
A. 
There shall be appointed two alternate members, who shall be Borough residents. Alternate members shall be appointed by the appointing authority and shall be designated at the time of appointment 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; provided, however, 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.
B. 
No alternate member shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the Borough Council for cause.
C. 
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. 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 7-13-1999 by Ord. No. 408]
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary, who may be either a member of the Planning Board or a Borough employee designated by it, and create and fill such other offices as established by ordinance.
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, 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, however, exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.
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. It shall also have the following powers and duties:
A. 
To make and adopt and from time to time to 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 165, Subdivisions and Site Plans, in accordance with the provisions of said chapter and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
C. 
To adopt or amend an Official Map of the Borough, in accordance with N.J.S.A. 40:55D-32.
[Added 7-13-1999 by Ord. No. 408]
D. 
To approve conditional use applications in accordance with the provisions of Chapter 185, Zoning, pursuant to N.J.S.A. 40:55D-67.
E. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
F. 
To assemble data on a continuing basis as part of a continuous planning process.
G. 
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 Borough Council.
H. 
To consider and make reports to the Borough Council 35 days after referral as to any proposed development regulation 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 Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
I. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, but not a variance pursuant to N.J.S.A. 40:55D-70d, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
[Amended 7-13-1999 by Ord. No. 408]
(1) 
Variances pursuant to N.J.S.A 40:55D-70c 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) 
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 pursuant to N.J.S.A. 40:55D-32.
(3) 
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.
(3.1)
Variances pursuant to N.J.S.A. 40:55D-70d(1) through (6).
[Added 6-12-2001 by Ord. No. 434]
(4) 
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 or direction for issuance of a permit as the case may be.
(5) 
The developer may elect to submit a separate application requesting approval of the variance or direction for 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 or direction for the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. 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 Chapter 185, Zoning.
J. 
To exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70). All powers, duties and functions which, by law, could be exercised by a Zoning Board of Adjustment, including those matters set forth in §§ 34-16 to and including 34-34 of this chapter, may be exercised by the nine-member Planning Board herein. All provisions of the Land Use Ordinance of the Borough which provide for application to the Zoning Board of Adjustment or the Planning Board in this chapter shall be deemed to apply to the Planning Board established herein.
[Added 6-12-2001 by Ord. No. 434Editor's Note: This ordinance also provided for the redesignation of former Subsection I as Subsection J.]
K. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other agencies or officers.
A. 
Minor subdivisions. 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. 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 (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 Borough Engineer and the Borough 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.
B. 
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection A 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.
[Added 7-13-1999 by Ord. No. 408]
C. 
Preliminary approval 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. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 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.
E. 
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. 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 7-13-1999 by Ord. No. 408]
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. 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, three copies of a sketch plat, three copies of applications for minor subdivision approval, three copies of applications for major subdivision approval or three 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 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 Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.