[Ord. No. 3158, 7-26-1988, § 2-16.1; amended by Ord. No. 44-2023, 1-23-2024]
There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq., a Planning Board, which shall consist of nine members and two alternate members, composed of and appointed as follows:
(a) 
Class I: the Mayor or their designee.
(b) 
Class II: one of the officials of the Township, other than a member of the Council, to be appointed by the Mayor, provided that, if there is an Environmental Commission, one member of that Commission shall also be a member of the Planning Board and shall be deemed to be a Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
(c) 
Class III: a member of the Council, to be appointed by the Council.
(d) 
Class IV: six other citizens of the Township, to be appointed by the Council, who 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. A member of the Environmental Commission, who is also a member of the Planning Board, shall be deemed to be a Class IV member unless there are 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.
[Ord. No. 3158, 7-26-1988, § 2-16.2; amended by Ord. No. 44-2023, 1-23-2024]
(a) 
The term of the member composing Class I shall correspond to his official tenure.
(b) 
The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of the respective terms of office, whichever first occurs, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever first occurs.
(c) 
The term of a Class IV member who is also a member of the Zoning Board of Adjustment or 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 first occurs.
(d) 
The terms of all Class IV members first appointed under this section 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 appointments, as determined by resolution of the Council; provided, however, that no term of any member shall exceed four years. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise hereinabove provided.
(e) 
The term of any member holding office as of the date of the adoption of this ordinance shall be extended until December 31 of the year in which it was initially set to expire. Thereafter, all terms will expire on December 31 of the year in which that member’s term ends or until the member’s successor is qualified and appointed.
[Ord. No. 3158, 7-26-1988, § 2-16.3; amended by Ord. No. 3174, 10-25-1988, § 1; Ord. No. 44-2023, 1-23-2024]
Two alternate members shall be appointed by the Council for Class IV, to serve for a term of two years; provided, however, that the initial terms of such alternate members shall be of one year and two years, respectively. Such alternate members shall be designated by the Council as Alternate No. 1 and Alternate No. 2 and shall serve during the absence or disqualification of any regular member or members. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. 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.
[Ord. No. 3158, 7-26-1988, § 2-16.4; amended by Ord. No. 44-2023, 1-23-2024]
If a vacancy in any class shall occur otherwise than by expiration of term, said vacancy shall be filled by appointment as provided above for the unexpired term.
[Ord. No. 3158, 7-26-1988, § 216.5; amended by Ord. No. 3750, 3-18-2003, § 1; Ord. No. 21-2022, 8-30-2022; Ord. No. 44-2023, 1-23-2024]
The Planning Board shall elect a Chairperson and Vice Chairperson from the members of the Class IV and shall select a Secretary who may or may not be a member of the Planning Board or a municipal employee and shall create and fill such other offices as are established by ordinance, including the office of the Clerk of the Planning Board hereby created by the Charter, and which Clerk shall be a full-time or part-time employee of the Township of Teaneck, who, as determined by the Municipal Manger, shall be assigned as an employee whose sole duties shall be to act as Clerk of the Planning Board. The Planning Board may also employ, or contract for, and fix the compensation of legal counsel, other than the Township Attorney, and experts and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Council for its use.
[Ord. No. 3158, 7-26-1988, § 2-16.6; amended by Ord. No. 3174, 10-25-1988, § 2; Ord. No. 44-2023, 1-23-2024]
The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this article. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of N.J.S.A. 2A:67A-1 et seq. shall apply. Pursuant to N.J.S.A. 40:55D-25, the Planning Board shall also have the following powers and duties to:
(a) 
Make and adopt and, from time to time, amend a Master Plan for the use of lands within the Township in a manner which protects the public health and safety and promotes the general welfare, pursuant to N.J.S.A. 40:55D-28 et seq.
(b) 
Administer the provisions of the ordinances of the Township governing land subdivision and site plan review in accordance with the provisions of said ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-37 et seq.
(c) 
Approve conditional use applications in accordance with the provisions of N.J.S.A. 40:55D-67.
(d) 
Participate in the preparation and review of programs or plans required by state or federal law or regulation.
(e) 
Assemble data on a continuing basis as part of a continuous planning process.
(f) 
Consider and make report to the Council, 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-26(a) and shall also pass upon other matters specifically referred to the Planning Board by the Council pursuant to the provisions of N.J.S.A. 40:55D-26(b).
(g) 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, grant variances to the same extent and subject to the same restrictions as the zoning board of adjustment, from lot, area, lot dimension, setback and yard requirements, but only pursuant to N.J.S.A. 40:55D-60. Notice of hearing on the application for development shall include reference to the request for a variance.
(h) 
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Council for the aid and assistance of the Council or other agencies or officers.
[Ord. No. 3158, 7-26-1988, § 2-16.7; amended by Ord. No. 3174, 10-25-1988, § 3; Ord. No. 44-2023, 1-23-2024]
(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,[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 the Secretary of the Planning Board before it will be accepted for filing by the county recording officer.
[1]
Editor's Note: See 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 § 2-97(g), 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.
[Amended by Ord. No. 21-2022, 8-30-2022]
(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 the 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 the signing of the plat.
[Ord. No. 3158, 7-26-1988, § 2-16.8; amended by Ord. No. 44-2023, 1-23-2024]
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the Township, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development made to the Planning Board and give the Environmental Commission an opportunity to comment, in writing, on such applications prior to the Planning Board taking action on the same. Failure of the Planning Board to make such informational copy available to the Environmental Commission or to give such opportunity to the Environmental Commission to comment shall not invalidate any hearing or proceeding.