A.
There is hereby established, pursuant to P.L. 1975, c. 291,[1] in the Borough of Wallington a Planning Board of nine
members, consisting of the following four classes. All members of
the Planning Board, except for the Class II members set forth below,
shall be municipal residents.
[Amended 12-18-2014 by Ord. No. 2014-15]
(1)
Class I: the Mayor, or the Mayor's designee in the absence of the
Mayor.
(2)
Class II: one of the officials of the municipality, other than a
member of the governing body, to be appointed by the Mayor, provided
that, if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
member if there is both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members.
(3)
Class III: a member of the governing body, to be appointed by it.
(4)
Class IV: other citizens of the municipality, to be appointed by
the Mayor or, in the case of the Council-Manager form of government
pursuant to the "Optional Municipal Charter Law," P.L. 1950, c. 210
(N.J.S.A. 40:69A-1 et seq.) or "The Municipal Manager Form of Government
Law" (Subtitle 5 of Title 40 of the Revised Statutes), by the Council,
if so provided by the aforesaid ordinance. The members of Class IV
shall hold no other municipal office, position or employment, except
that in the case of nine-member boards, one such member may be a member
of the Zoning Board of Adjustment or Historic Preservation Commission.
No member of the Board of Education may be a Class IV member of the
Planning Board, except that in the case of a nine-member board, one
Class IV member may be a member of the Board of Education. If there
be a Municipal Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board, as required
by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a
Class IV Planning Board Member, unless there be among the Class IV
or alternate members of the Planning Board both a member of the Zoning
Board of Adjustment or Historic Preservation Commission and a member
of the Board of Education, in which case the member common to the
Planning Board and Municipal Environmental Commission shall be deemed
a Class II member of the Planning Board.
[Amended 2-25-2016 by Ord. No.
2016-4]
(5)
The term of the member composing Class I shall correspond to 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, 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 occurs first. 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 terms shall
be distributed evenly over the first four years after their appointments;
provided that the initial Class IV term of no member shall exceed
four years. Thereafter, the Class IV term of each such member shall
be four years.
[Added 2-25-2016 by Ord. No. 2016-4]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Alternate members.
[Added 10-26-1978 by Ord. No. 78-15]
(1)
Alternate members to the Planning Board shall be appointed as follows:
(a)
One alternate member shall be appointed for Class II and one
alternate member shall be appointed for Class III, for terms to expire
at the same time as the terms of regular members of their respective
classes.
(b)
Two alternate members shall be appointed for Class IV to serve
for a term of two years; provided, however, that the initial terms
of such alternate members shall be one year and two years, respectively.
Such alternate members shall be designated by the Chairperson as Alternate
No. 1 and Alternate No. 2 and shall serve in rotation during the absence
or disqualification of any regular member or members of Class IV.
(2)
Alternate members of each class shall be appointed by the same appointing
authority as regular members of that class.
A.
The term of the member composing Class I shall correspond with his
official tenure, or if the member is the Mayor's designee in the absence
of the Mayor, the designee shall serve at the pleasure of the Mayor
during the Mayor's 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, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or a 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 comes first.[1]
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 all 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 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, unless an appointment is made to fill an unexpired term.
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.
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.
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 Municipal Attorney. The Board
shall not, however, exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for said position.
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.
A.
The Planning Board is authorized to adopt bylaws governing its procedural
operation. It shall also have the following powers and duties:
(1)
To make and adopt and from time to time amend a Master Plan for the
physical development of the Borough of Wallington, 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.
(2)
To administer the provisions of Chapter 330, Subdivision of Land and Site Plan Review, of the Code of the Borough of Wallington in accordance with the provisions of said chapter and the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(3)
To approve conditional use applications in accordance with the provisions of Chapter 365, Zoning, pursuant to N.J.S.A. 40:55D-67.
(4)
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
(5)
To assemble data on a continuing basis as part of a continuing planning
process.
(6)
To prepare a program of municipal capital improvement projects over
a term of six years, and amendments thereto, and recommend the same
to the governing body at said governing body's request.
(7)
To consider and make reports 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
to pass upon other matters specifically referred to the Planning Board
by the governing body, pursuant to the provisions of N.J.S.A. 40:55-26b.
(8)
Variances.
(a)
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 the Zoning Board of Adjustment:
(b)
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.
(9)
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.
B.
Whenever the Planning Board shall have adopted any portion of the
Master Plan, the governing body or other public agency having jurisdiction
over the subject matter, before taking action necessitating the expenditure
of any public funds incidental to the location, character or extent
of such project, shall refer the action involving such specific project
to the Planning Board for review and recommendation in conjunction
with such Master Plan and shall not act thereon without such recommendation
or until 45 days have elapsed after such reference without receiving
such recommendation. This requirement shall apply to action by a housing,
parking, highway, special district or other authority, redevelopment
agency, school board or other similar public agency, state, county
or municipal, pursuant to N.J.S.A. 40:55D-31.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 75-12 of this chapter, 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.[2]
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 be 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.[2]
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 Mayor may appoint a site plan review advisory board for
the purpose of reviewing all site plan applications and making recommendations
to the Planning Board in regard thereto.
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the municipality,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
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.
