There is hereby established, pursuant to P.L. 1975, c. 291,[1] in the Borough of Wood-Ridge, a Planning Board of nine
members, 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, 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 a member of the Board of Education among the Class
IV or alternate members.[2]
C.
Class III: a member of the governing body, to be appointed by it.
D.
Class IV: six other citizens of the municipality, 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 Board of Education.
A 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 a Class IV
Planning Board member, unless there is among the Class IV or alternate
members of the Planning Board 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.[3]
[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, 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.
B.
The term of a Class IV member who is also a member of 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.[1]
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 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 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.
[Amended 1-17-2012 by Ord. No. 2012-4]
A.
There are hereby established, pursuant to N.J.S.A. 40:55D-23.1, four
alternate members of the Planning Board. Alternate members shall be
appointed by the Mayor and shall meet the qualifications of Class
IV members. Alternate members shall be designated at the time of appointment
by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No.
3," and "Alternate No. 4." 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 two alternate members 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 Mayor for the unexpired term only.
B.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. 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. If Alternate No. 1 is unavailable to cast a vote,
then Alternate No. 2 shall vote in his stead and so on down the line.
If a vacancy of any class or alternate member 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 Chairperson and Vice Chairperson
from the members of Class IV and select a Secretary, who may either
be 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 and fix the compensation of,
or agree upon the rate of compensation of, the Planning Board 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.
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 Wood-Ridge, 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.
B.
To administer the provisions of Chapter 335, Land Subdivision and Site Plan Review, of this Code 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.
C.
To approve conditional use applications in accordance with the provisions of Chapter 530, 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.
E.
To assemble data on a continuing basis as part of a continuing planning
process.
F.
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. 40:55D-26b.
G.
Grant of relief.
(1)
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant:[1]
(a)
Variances pursuant N.J.S.A. 40:55D-70c;
(b)
Direction pursuant to Section 25 of said Act (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 Section 23 of said Act (N.J.S.A. 40:55D-32);
and
(c)
Direction pursuant to Section 27 of said Act (N.J.S.A. 40:55D-36)
for issuance of a permit for a building or structure not related to
a street.
(2)
Whenever relief is required 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.
H.
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.
I.
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 [N.J.S.A. 40:55D-31 (Section 22 of the Act)].
J.
At the request of the developer, the Planning Board shall grant an
informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
The developer shall not be required to submit any fees for such an
informal review. The developer shall not be bound by any concept plan
for which review is requested, and the Planning Board shall not be
bound by any such review.
A.
"Minor subdivision" shall be any subdivision of land which does not
involve the creation of more than three lots, which does not involve
a planned development, which does not involve any new street, and
which does not involve the extension of any off-tract improvements.
B.
The Planning Board may waive notice and public hearing of 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" set forth in Subsection A of this section.
C.
Minor subdivision approval shall be deemed to be final approval of
the subdivision by the Board, provided that the Board or said subcommittee
may condition such approval on terms ensuring the provision of improvements
pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40 and 40:55D-53
(Chapter 291 of the Laws of 1975).
A.
"Major subdivision" is any subdivision of land which is not classified
as a minor subdivision.
B.
For all major subdivisions, the Planning Board shall hold a public
hearing, with public notice given by publication in the official newspaper
of the municipality, if there be one, or in a newspaper of general
circulation in the municipality, and a notice of the hearing shall
be given to the owners of all real property, as shown on the current
tax duplicate, located within 200 feet in all directions of the property
which is the subject of such hearing and to other persons as required
by N.J.S.A. 40:55D-12 and in following the procedures set forth in
N.J.S.A. 40:55D-12.
C.
As a condition of subdivision or site plan approval, the approving
authority may require the installation and maintenance of on-tract
improvements, and the regulations may require a developer to pay his
pro rata share of the cost of off-tract improvements in accordance
with N.J.S.A. 40:55D-42.
A.
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.
[Amended 10-20-1986 by Ord. No. 86-16]
B.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3, the municipal Planning Board
shall condition any approval that it grants upon 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.
C.
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, the Municipal Construction Code Official and the Municipal
Tax Assessor. Any such plat or deed must be signed by the Chairperson
and Secretary of the Planning Board before it will be accepted for
filing by the County Recording Officer.[2]
D.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted shall not be changed for a period of two years after the date
of minor subdivision approval, provided that the approved minor subdivision
shall have been duly recorded.
A.
The developer shall submit to the administrative officer a plat and
such other information as is reasonably necessary to make an informed
decision as to whether the requirements necessary for preliminary
approval have been met, provided that minor subdivisions shall not
be subject to this section. The plat and any other engineering documents
to be submitted shall be required in tentative form for discussion
purposes for preliminary approval. If the application for development
is found to be incomplete, the developer shall be notified within
45 days of submission of such application or it shall be deemed to
be properly submitted.
B.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of a hearing, an amended application shall be submitted and proceeded
upon as in the case of the original application for development. The
Planning Board shall, if the proposed subdivision complies with this
chapter and the Municipal Land Use Law,[1] grant preliminary approval to the subdivision.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
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.
[Amended 10-20-1986 by Ord. No. 86-16]
D.
Whenever review or approval of the application by the County Planning
Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3),
the municipal Planning Board shall condition any approval that it
grants upon 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.
[Amended 10-20-1986 by Ord. No. 86-16]
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 80-9 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.
A.
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.
B.
Whenever review or approval of the application by the County Planning
Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3),
the municipal Planning Board shall condition any approval that it
grants upon 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.
C.
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 the signing of the plat.
A.
The developer shall submit to the Secretary of the Planning Board
a site plan and such other information as is reasonably necessary
to make an informed decision as to whether the requirements necessary
for preliminary site plan approval have been met. The site plan and
any engineering documents to be submitted shall be required in tentative
form for discussion purposes for preliminary approval. If any architectural
plans are required to be submitted for site plan approval, the preliminary
plans and elevations shall be sufficient. If an application for development
is found to be incomplete, the developer shall be notified in writing
of the determination of incompleteness of deficiencies therein by
the Board or the Board's designee within 45 days from the submission
of such application, or it shall be deemed to be properly submitted.[1]
B.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of a hearing, an amended application for development shall be submitted
and proceeded upon as in the case of the original application for
development. The Planning Board shall, if the proposed development
complies with this chapter and the Municipal Land Use Law, grant preliminary
site plan approval.[2]
C.
Upon the submission to the administrative officer of the Planning
Board of a complete application for a site plan which involves 10
acres of land or less, and 10 dwelling units or fewer, preliminary
approval shall be granted or denied 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.
[Amended 10-20-1986 by Ord. No. 86-16[3]]
D.
If an application for development conforms to the definition of "minor
site plan," approval of the same shall be deemed to be final approval
of the site plan by the Board, provided that the Planning Board or
site plan subcommittee, if any, may condition such approval on terms
ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38,
40:55D-39, 40:55D-41 and 40:55D-53.
E.
Minor site plan approval shall be granted or denied within 45 days
of the date of submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant.
[Amended 10-20-1986 by Ord. No. 86-16]
F.
Whenever review or approval of the application by the County Planning
Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6),
the municipal Planning Board shall condition any approval that it
grants upon 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.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan approval was
granted shall not be changed for a period of two years after the date
of minor site plan approval.
A.
The Planning Board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by ordinance for final approval,
and provided that the conditions of preliminary approval are met.
B.
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.
[Amended 10-20-1986 by Ord. No. 86-16]
C.
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.
The longest time period for action by the Planning Board, whether
it is for subdivision, conditional use or site plan approval, shall
apply.
Preliminary approval of a major subdivision or a site plan shall,
except as provided in Subsection D of this section, confer upon the
applicant the following rights for a three-year period from the date
of the preliminary approval:
A.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements, layout and design standards for streets, curbs and sidewalks,
lot size, yard dimensions and off-tract improvements, and in the case
of a site plan, any requirements peculiar to site plan approval pursuant
to N.J.S.A. 40:55D-41, except that nothing herein shall be construed
to prevent the municipality from modifying by ordinance such general
terms and conditions of preliminary approval as related to public
health and safety.
B.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be.
C.
That the applicant may apply for and the Planning Board may grant
extension on such preliminary approval for additional periods of at
least one year but not to exceed a total extension of two years, provided
that if the design standards have been revised by ordinance, such
revised standards may govern.
D.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections A, B and C above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
A.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not
be changed for a period of two years after the date of final approval,
provided that, in the case of major subdivision, all rights conferred
by this section shall expire if the plat has not been duly recorded
within the time period provided. If the developer has followed the
standards prescribed for final approval and, in the case of a subdivision,
has fully recorded that plat as required in N.J.S.A. 40:55D-54, the
Planning Board may extend such period of protection for an extension
of one year, but not to exceed three extensions. Notwithstanding any
other provisions of this chapter, the granting of final approval terminates
the time period of preliminary approval for the section granted final
approval.
B.
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time longer than two years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor areas permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and comprehensiveness of the development.
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
for subdivision review and approval of this chapter, if the literal
enforcement of one or more provisions of this 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 for site
plan review and approval of this chapter, if the literal enforcement
of one or more provisions of this 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.
[Amended 10-20-1986 by Ord. No. 86-16]
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 administrative officer of the
Planning Board. Applicant shall file, at least 14 days before the
date of the monthly meeting of the Board, an original and eight copies
of a sketch plat; an original and eight copies of application for
minor subdivision approval; an original and eight copies of application
for major subdivision approval; or an original and eight 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 administrative
officer of the Planning Board. The administrative officer of the Planning
Board shall inform the applicant of the steps to be taken to initiate
applications and of the regular meeting dates of the Board. The applicant
shall pay any necessary filing fees established by the governing body.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Approved plats for minor subdivision, preliminary major subdivision
and final major subdivision shall be signed by the Planning Board
Chairperson and Secretary. Approved site plans and conditional uses
shall be signed by the Planning Board Chairperson 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 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. Failure
of the Planning Board to make such informational copy available to
the Environmental Commission shall not invalidate any hearing or proceeding.
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.
