[Amended 12-17-1985 by Ord. No. 591]
There is hereby established, pursuant to P.L. 1975, c. 291,[1] in the Borough of Ho-Ho-Kus a Planning Board of nine members and two alternates consisting of the following four classes:
A. 
Class I: the Mayor.
B. 
Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor.
C. 
Class III: a member of the governing body, to be appointed by it.
D. 
Class IV: six other citizens of the municipality and two alternates, 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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.
B. 
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 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. The alternates shall be appointed for a term of two years from January 1 of the year of their appointment, except that the term of one of the alternates first appointed shall be for one year only and thereafter for two years, so that the term of not more than one alternate shall thereafter expire in any one year. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term only. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. I" and "Alternate No. II."
[Amended 12-17-1985 by Ord. No. 591]
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 and fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, provided that 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.[1] The Planning Board Attorney shall be an attorney other than the Municipal Attorney.
[1]
Editor's Note: See Ch. 53, Salaries.
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 Borough of Ho-Ho-Kus, taking into consideration any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Borough of Ho-Ho-Kus, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of Chapter 32B, Land Subdivision and Site Plan Review, in accordance with the provisions of said chapter 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 Chapter 85, 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 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-26a, and also pass upon other matters specifically referred to the Planning Board by the governing body of the Borough of Ho-Ho-Kus, pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
Variances; issuance of permits.
(1) 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to:
(a) 
Grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, variances, pursuant to Section 57c of Chapter 291 of the Laws of New Jersey 1975,[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.
[1]
Editor's Note: See N.J.S.A. 40:55D-70c.
(b) 
Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-34, for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or public area reserved on the Official Map, pursuant to N.J.S.A. 40:55D-32.
(c) 
Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for a building or structure not related to a street.
(2) 
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.
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 6-28-1983 by Ord. No. 568]
A. 
Minor subdivisions and minor site plans.
(1) 
The Planning Board may waive notice and public hearing for 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" or "minor site plan" as set forth in Chapter 32B, Land Subdivision and Site Plan Review.
(2) 
Minor subdivision or minor site plan approval shall be deemed to be final approval of the subdivision or site plan by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to Chapter 32B, Land Subdivision and Site Plan Review, and the Municipal Land Use Act.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3) 
The approval of a minor subdivision or minor site plan 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.
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. If an application for development is found to be incomplete, the developer shall be notified in writing of the 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.
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 § 32A-7H of this chapter, the Planning Board shall grant or deny approval of the complete 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.
D. 
Final approval of major subdivisions. 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.
E. 
Preliminary approval of site plans.
(1) 
Upon the submission to the Secretary of the Planning Board of a complete application for a site plan for 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.
(2) 
If an application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the submission of such application or it shall be deemed to be properly submitted.
F. 
Final approval of site plans. The Planning Board shall grant final approval if the site plan conforms to the standards established by Chapter 32B, Land Subdivision and Site Plan Review, 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.
G. 
Default approval. Failure of the Planning Board to act within the periods 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.
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 Chapter 32B, Land Subdivision and Site Plan Review, if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
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 Chapter 32B, Land Subdivision and Site Plan Review, if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
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 being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it is 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.
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. The 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.
[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.
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.