[Amended 12-10-1984 by Ord. No. 411-C; 2-22-1994 by Ord. No. 600-C; 10-15-2012 by Ord. No. 12-869-C]
A. There is hereby established, pursuant to P.L. 1975, c. 291, in the Borough of Saddle River, a Planning Board of nine
members consisting of the following four classes:
(1) Class I: The Mayor or the Mayor's designee in the absence of 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 (C. 40:69A-1
et seq.), or "the municipal manager form of government law" (R.S.
40:79-1 et seq.), the Manager, if so provided by the aforesaid ordinance.
(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 Section 1 of P.L. 1968, c. 245 (C. 40:56A-1), shall be deemed to be the Class II Planning Board member
for purposes of this chapter in the event that there is among the
Class IV or alternate members of the Planning Board both a member
of the Zoning Board of Adjustment and a member of the Board of Education.
(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. 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 is 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
(C. 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. For the purpose
of this section, membership on a municipal board or commission whose
function is advisory in nature, and the establishment of which is
discretionary and not required by statute, shall not be considered
the holding of municipal office.
B. Two alternate members meeting the qualifications of Class IV members
and designated "Alternate 1" and "Alternate 2" shall be appointed
to the Planning Board. The terms of the alternate members shall be
two years.
[Amended 12-10-1984 by Ord. No. 411-C; 10-15-2012 by Ord. No. 12-869-C]
A. The term of the member composing Class I shall correspond to the
Mayor's or Manager's 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 Class IV member who is also a member of the Environmental Commission
shall be for three years or terminate at the completion of his/her
term of office as a member of the Environmental Commission, whichever
occurs first. The term of a Class IV member who is also a member of
the 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 occurs first. The terms of all Class
IV members first appointed under this chapter shall be so determined
that to the greatest practicable extent the expiration of such terms
shall be distributed evenly over the first four years. Thereafter,
the expiration of the Planning Board term, if shall be filled by appointment,
as above provided, for the unexpired term. No member of the Planning
Board shall be permitted to act on any matter in which he has, either
directly or indirectly, any personal or financial interest. Any member
other than a Class I member, after a public hearing if he/she requests
one, may be removed by the governing body for cause.
B. In any municipality in which the term of the municipal governing
body commences on January 1, the governing body may, by ordinance,
provide that the term of appointment of any class of member of the
Planning Board appointed pursuant to this section shall commence on
January 1. In any municipality in which the term of the municipal
governing body commences on July 1, the governing body may, by ordinance,
provide that the term of appointment of any class of member appointed
pursuant to this section commence on July 1.
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.
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 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.
[Amended 12-17-1990 by Ord. No. 553-C]
Any applicant before the Saddle River Planning
Board desiring a minor subdivision or major subdivision or presenting
a site plan application will be required, at the time of initiating
the application, to obtain and prepare responses to the Planning Board
checklist of regulations and thereafter submit the completed checklist
to the Planning Board pursuant to the instructions set forth on said
checklist.
[Amended 2-22-1994 by Ord. No. 600-C]
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 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.
[Amended 2-22-1994 by Ord. No. 600-C]
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in §
37-12C(8), 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.
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.