The Planning Board shall elect a Chairperson and Vice Chairperson
from the members of Class IV, select a Secretary who may or may not
be a member or alternate member of the Planning Board or a municipal
employee, and create and fill such other offices as established by
ordinance. An alternate member shall not serve as Chairperson or Vice
Chairperson of the Planning Board.
A.
There is hereby created the position of Attorney for the Board. The
Board may employ, or contract for, and fix the compensation of legal
counsel to fill such position, provided such compensation shall not
exceed the amount appropriated by the Mayor and Borough Council for
use by the Board for such purpose. Such attorney shall not be the
Borough Attorney.
B.
The Board may also employ, or contract for, and fix the compensation
of a licensed professional engineer, planning consultant or such other
additional experts, staff and services as it may deem necessary, not
exceeding the amount appropriated by the Mayor and the Borough Council
for the Board's use.
The Mayor and Borough Council shall make provisions in their
budget and appropriate funds for the expenses of the Board as deemed
appropriate.
The Board shall adopt, and may amend, reasonable rules and regulations
not inconsistent with this chapter, the Municipal Land Use Law[1] or with any applicable law, for the administration of
its functions, powers and duties. A copy of the rules shall be maintained
in the office of the Secretary of the Board, and shall be furnished
to any person upon request. A reasonable fee may be charged for providing
a copy of the rules.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The applicant may request from the administrative officer and,
if requested, shall be entitled to the holding of a preapplication
conference.
A.
The purpose of this conference is to:
(1)
Acquaint the applicant with the substantive and procedural requirements
of this chapter;
(2)
Provide for an exchange of information regarding the proposed
development plan and applicable elements of the Master Plan, this
chapter and other development requirements;
(3)
Advise the applicant of any public sources of information that
may aid the applicant's prosecution of the application for development;
(4)
Otherwise identify policies and regulations that create opportunities
for, or pose significant constraints on, the proposed development;
(5)
Review any proposed concept plans and consider opportunities
to increase development benefits and mitigate undesirable project
consequences;
(6)
Permit input into the general design of the project; and
(7)
Identify, to the extent practicable at this stage of the process,
any variances or design or submission waivers necessary for the applicant
to develop the proposed development.
B.
The municipal representatives at the preapplication conference shall
be designated, except as otherwise indicated, by the Director of the
Department of Community Development administrative officer and shall
include the administrative officer, and may include a representative
of the Mayor as designated by the Mayor, and may include:
C.
A request for a preapplication conference shall be made in writing
and shall include a project description, a tax lot and block designation
of the site in question, a concept plan and such additional information
as may be reasonably requested by the administrative officer. The
administrative officer shall schedule a preapplication conference
within 30 days of receipt of such request.
D.
The applicant shall not be required to pay a fee for the preapplication conference; provided, however, that the applicant shall post an escrow fee pursuant to this chapter to cover the costs of attendance at the preapplication conference of professional consultants not employed by the Borough. If requested and paid for by the applicant, a brief written summary of the preapplication conference shall be prepared by the administrative officer and provided to the applicant within 15 working days after the final meeting. The fee for such summary shall be that set forth in Article 6 of this chapter.
E.
Neither the Planning Board, the applicant, nor any other participant
in the preapplication meeting shall be bound by the determination
of the preapplication process.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
In addition, or as an alternative, to the preapplication meeting,
at the request of the applicant, the Planning Board, or a subcommittee
thereof, shall meet with the applicant for an informal review of a
concept plan for development for which the applicant intends to prepare
and submit an application for development to the Planning Board. The
purpose of the concept plan is to provide Planning Board input in
the formative stages of subdivision and site plan design.
B.
A request to meet with the Planning Board for an informal concept
plan review shall be made in writing and shall include a project description,
a tax lot and block designation of the site in question, the concept
plan and such additional information as may be reasonably requested
by the administrative officer.
C.
A brief written summary of the concept plan review shall be prepared
by the administrative officer and provided to the Planning Board members
and the applicant.
E.
The applicant shall not be bound by any conceptual plan for which
review is requested, nor shall the Planning Board, or any subcommittee
thereof, be bound by any such review.
The following provisions shall apply to the meetings of the
Board:
A.
Schedule of meetings; special meetings.
(1)
The Board shall by its rules fix the time and place for holding
its regular meetings. Regular meetings of the Board shall be scheduled
not less than once a month and shall be held as scheduled unless canceled
for lack of applications for development to process. The schedule
of meetings shall be filed with the Borough Clerk, posted upon the
Borough bulletin board, and sent to two newspapers with circulation
in the Borough, one of which shall be the official newspaper of the
Borough.
(2)
The Board may provide for special meetings, at the call of the
Chairperson, or at the request of any two of its members.
B.
Meetings open to public; executive sessions.
(2)
Meetings shall be held on notice to the Board members and the
public in accordance with this chapter and the Open Public Meetings
Act.
(3)
Executive sessions within the meaning of the Open Public Meetings
Act and for the purpose of that Act are permitted.
(4)
The "executive sessions" as set forth in N.J.S.A. 40:55D-9b,
for the purpose of discussing and studying any matters to come before
the Board, shall take place at an agenda meeting and shall be open
to the public.
(5)
No formal action can be taken in an executive or agenda session
unless formal notice has been given in accordance with the Open Public
Meetings Act.
C.
Quorum; conflict of interest. No action shall be taken at any meeting
without a quorum being present. No regular, alternate or temporary
member shall be permitted to act on any matter in which he or she
has, either directly or indirectly, any personal or financial interest.
D.
Majority vote required. All actions shall be taken by a majority
vote of the members of the Board present at the meeting, except as
otherwise provided by this chapter and the Municipal Land Use Law.[2] For actions requiring an affirmative vote of five or more,
see N.J.S.A. 40:55D-70.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
Participation of alternate members. Alternate members may participate
in all matters 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, No. 2, No. 3 and No. 4 shall vote in
that order. Participation of alternate members shall not be deemed
to increase the size of the Board established by this chapter.
F.
Minutes.
(1)
Minutes of every meeting of the Board shall be kept and shall
include the names of the persons appearing and addressing the Board
and of the person appearing by attorney, the action taken by the Board,
the findings, if any, made by it and reasons therefor, and any other
resolutions or business to come before the Board. The minutes shall
thereafter be available for public inspection during normal business
hours in the administrative offices of the Borough after their approval
by the Board.
(2)
Any interested party shall have the right to compel production
of the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes for his or her use.
All actions taken by the Board shall require a formal written resolution
of memorialization which shall be part of the minutes of that meeting.
(3)
A copy of all minutes shall be filed at the Kenilworth Library
to facilitate public inspection during those hours when the Kenilworth
Municipal Building is closed.
G.
Transcripts of hearings. Pursuant to the Municipal Land Use Law,[3] the Board shall provide one of the following for each
hearing:
(1)
An electronic recording of the hearing and any discussions relating
to the application leading to a decision by the Board. This recording
shall be reduced to typewritten form.
(2)
A stenographic court reporter who shall transcribe verbatim
the hearing and any discussion relating to the application leading
to a decision by the Board. This transcript shall not be reduced to
typewritten form unless requested. The cost of reducing the transcript
to typewritten form shall be borne by the applicant and shall be ordered
directly from the court reporter and the cost paid directly to the
court reporter.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
The Fire Chief and the Police Chief of the Borough, or their designees,
shall be ex officio advisory members of the Planning Board for the
purpose of advising the Board on any application that may come before
it on the impact the granting of such application may have upon the
furnishing of police or fire protection services, or any requirements
that may be advisable in that regard.
B.
Neither the Fire Chief nor the Police Chief shall vote on any matter
coming before such Board, nor shall they be considered "regular" members
of such Board as that term is used in the appropriate New Jersey statutes.
C.
Both the Fire Chief and the Police Chief may, from time to time,
appoint a member of their respective departments to attend any Board
meeting in their place.
No member of the Planning Board shall act on any matter in which
he/she has either directly or indirectly any personal or financial
interest. Whenever any such member shall disqualify himself/herself
from acting on a particular matter, he/she shall not continue to sit
with the Board on the hearing of such matter, nor participate in any
discussion or decision relating thereto.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer shall, within seven days of receipt of a request therefor and upon receipt of payment of a fee as specified in § 120-6.2, provide a list certified by the Tax Assessor from the current tax duplicate of names and addresses of owners in the Borough to whom the applicant is required to give notice, pursuant to this Part 1.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Planning Board
shall be accompanied by proof that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of such application, or, if it is shown that taxes or assessments
are delinquent on the property, any approvals or other relief granted
by the Planning Board shall be conditioned upon either the prompt
payment of such taxes or assessments or the making of adequate provision
for the payment thereof in such manner that the Borough shall be adequately
protected. All other municipal fees, including application fees and
escrow payments, shall be paid in full prior to the certification
of any application for development as complete.
Immediately upon adoption of this Land Use Ordinance, the Borough
Clerk shall file a copy with the County Planning Board, as required
by law. The Clerk shall also file with the County Planning Board copies
of all other Borough land use ordinances.
Any variance hereafter granted by the Planning Board permitting
the erection or alteration of any structure or structures or permitting
a specified use of any property shall expire by limitation unless
such construction or alteration shall have been actually commenced
on each and every structure permitted by the variance, or unless such
permitted use has actually been commenced, within one year from the
date of entry of the approval of the variance, except that the running
of the period of limitation herein provided shall be tolled from the
date of filing an appeal from the decision of the Planning Board to
the Borough Council, or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
