There is hereby established pursuant to c. 291, P.L. 1975, in
the Town of Irvington, 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 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 governing body, to be appointed by it.
D.
Class IV: six other citizens of the municipality, to be appointed
by the Mayor.
(1)
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 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 be 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.
(2)
Alternate members. The Mayor shall appoint two alternate members
of Class IV, who shall serve for terms of two years; provided, however,
that the initial terms of such members shall be one and two years,
respectively. Such alternate members shall be designated by the Chairman
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.
[Added 9-26-1978 by Ord.
No. MC 2546]
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 first occurs, 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 first occurs. The term of a Class IV member
who is also a member of the Zoning 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
first occurs.
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 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.
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.
[Amended 3-8-1988 by Ord.
No. MC 2849]
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and shall also, with the Board of Adjustment,
select a Secretary who shall serve at the pleasure of the Boards and
who shall be designated as "Secretary to the Planning Board and Board
of Adjustment."
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint and 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 employ or contract for the services of
experts and other staff and services as it may deem necessary.
The Board shall adopt and may amend such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. It shall also have the following powers and duties:
A.
To make, adopt and from time to time amend a Master Plan for the
physical development of the municipality, 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.
D.
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
E.
To assemble data 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 Municipal Council.
G.
To consider and report to the Municipal 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).
H.
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, variances
pursuant to N.J.S.A. 40:55D-70(c) 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. 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 Municipal Council, including matters referred
to it pursuant to the provisions of N.J.S.A. 40:55D-26(b).
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 Chairman and Secretary to the Planning Board and
Board of Adjustment.
[Amended 3-8-1988 by Ord.
No. MC 2849]
[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 an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 365-7H of this article, 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 Municipal Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant.
D.
Final approval. Application for final subdivision approval shall
be granted or denied within 45 days of the 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.
[Amended 3-8-1988 by Ord.
No. MC 2849]
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1 et
seq. shall be filed with the Secretary to the Planning Board and Board
of Adjustment. Applicants shall file, at least 14 days before the
date of the monthly meeting of the Board, 10 copies of a sketch plat,
10 copies of applications for minor subdivision approval, 10 copies
of applications for major subdivision approval or 10 copies of applications
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 Secretary to the Planning Board
and Board of Adjustment. The Secretary to the Planning Board and Board
of Adjustment shall inform the applicant of the steps to be taken
to initiate the applications and of the regular meeting dates of the
Board.
