[Added 8-22-00 by Ord. No. 14-00]
There is hereby established pursuant to C. 291 P.L. 1975, in
the Borough of Waldwick a Planning Board of nine (9) members consisting
of the following four (4) classes. All members and alternate members
of the Planning Board, except for Class II members set forth below,
shall be municipal residents.
A. Class I: Mayor or the Mayor's designee in the absence of the Mayor.
B. Class II: one (1) of the officials of the Borough of Waldwick other
than a member of the governing body, to be appointed by the Mayor.
C. Class III: a member of the governing body, to be appointed by it.
D. Class IV: six (6) other citizens of the Borough of Waldwick, to be
appointed by the Mayor. The members of Class IV shall hold no other
municipal office, except that one (1) member may be a member of the
Zoning Board of Adjustment and one (1) may be a member of the Board
of Education.
[Amended 8-22-00 by Ord. No. 14-00]
The term of the member composing Class I shall correspond with
his/her 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 tenure. The terms of the members composing
Class II and Class III shall be for one (1) year or terminate at the
completion of their respective terms of office, whichever occurs first.
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/she
is no longer a member of such other body or at the completion of his/her
Class IV term, whichever occurs first. The terms of all Class IV members
first appointed pursuant to this ordinance shall be so determined
that to the greatest practicable extent the expiration of such term
shall be evenly distributed over the first four (4) years after their
appointment, as determined by resolution of the governing body; provided,
however, that no term of any member shall exceed four (4) 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 which they were appointed.
Thereafter, all Class IV members shall be appointed for terms of four
(4) 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 of any class shall occur, otherwise than by expiration of
the term, a vacancy shall be filled by appointment as provided in
this Article.
[Amended 8-22-00 by Ord. No. 14-00]
Alternate Members.
(A) The Planning Board, in addition to its nine (9) regular members,
shall also consist of two alternate members. The alternate members
shall be appointed by the Mayor. Said alternate shall be appointed
for Class IV members and shall meet the qualifications of IV membership.
The terms of the alternate members shall be for two (2) years, except
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire in any one year.
Alternate members of any class may participate in all matters
before the Planning Board but may not vote, except in absence or disqualification
of a regular member. Participation of alternate members shall not
be deemed an increase in the size of the Planning Board or change
in the quorum requirements. A vote of the Planning Board shall not
be delayed in order that a regular member may vote in place of an
alternate member. Should there be a choice as to which alternate member
is to vote, Alternate No. 1 shall vote.
Any member of the Planning Board other than the Class I member
may be removed by the governing body for cause. Any member so removed
shall be entitled to a public hearing if requested by said member.
[Amended 8-22-00 by Ord. No. 14-00]
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. An alternate member shall not serve as chairman or vice-chairman
of the Planning Board.
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,
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.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this ordinance.
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. 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 Waldwick, including any
areas outside its boundaries which in the Board's judgment bear essential
relation to the Planning Board of the Borough of Waldwick, in accordance
with the provisions of N.J.S.A. 40:55D-28.
B. To administer the provisions of the Zoning, Land Use and Development
Code of the municipality in accordance with the provisions of said
ordinance and the Municipal Land Use Law, c. 291, P.L. 1975.
[N.J.S.A. 40:55D-1 et seq.]
C. To approve conditional use applications in accordance with the provisions
of the Zoning, Land Use and Development Code pursuant to N.J.S.A.
40:55D-67.
D. To exercise its power on the capital improvement program pursuant
to article 4 of the New Jersey Municipal Land Use Law.
E. To participate in the preparation and review of programs or plans
required by State or federal law or regulations.
F. To assemble data on a continuing basis as part of a continuous planning
process.
G. Pursuant to N.J.S.A. 40:55D-47, to waive notice on public hearing
for applications for development if said application conforms to the
definition of "minor subdivision" as defined in N.J.S.A. 40:55D-5.
H. To consider and make report to the governing body within thirty-five
(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.
I. To consider and make report to the governing body relative to the
adoption of any Official Map or any amendment thereto, pursuant to
the provisions of N.J.S.A. 40:55D-26a.
J. Whenever the proposed development requires approval pursuant to this
act of a subdivision, site plan or conditional use (but not a variance
pursuant to N.J.S.A. 40:55D-70(d), the Planning Board shall have the
power to grant, to the same extent and subject to the same restrictions
as the Board of Adjustment, variances, pursuant to N.J.S.A. 40:55D-70.
Whenever relief is requested pursuant to this subsection, notice of
a hearing on the application for development shall include a reference
to the request for a variance or direction for issuance of a permit,
as the case may be. The developer may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval of
a subdivision, site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditioned upon grant of all required subsequent approvals by the
Planning Board. No such subsequent approval shall be granted unless
the approval can be granted without substantial detriment to the public
good and without substantial impairment of the intent and purpose
of the zone plan and Land Use and Development Code
[Amended 2-12-85 by Ord. No. 2-85]
K. 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 officials, pursuant to N.J.S.A.
40:55D-26b.
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of c. 291, P.L. 1975, shall
be filed with the Borough Clerk. The applicant shall file, at least
fourteen (14) days before the date of the monthly meeting of the Board,
nine (9) copies of a sketch plat, nine (9) copies of an application
for minor subdivision approval, nine (9) copies of an application
for major subdivision approval or nine (9) 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 ten
(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 ordinance or any rule of the Planning Board. The
applicant shall obtain all necessary forms from the Borough Clerk.
The Borough Clerk shall inform the applicant of the steps to be taken
to initiate applications and of the regular meeting dates of the Board.
The Mayor may appoint one (1) 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.