[1969 Code § 88-44; Ord. No. 1978-6; Ord. No. 90-16]
a.
There is hereby established pursuant to the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., in the Borough of Elmwood Park a Planning
Board of nine members consisting of the following four classes:
1.
Class I. The Mayor.
2.
Class II. One of the officials of the municipality other than a member
of the Governing Body to be appointed by the Mayor.
3.
Class III. A member of the Governing Body to be appointed by it.
4.
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 Zoning Board
of Adjustment and one 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.
b.
The Mayor may also appoint two alternate members of the Planning
Board. Alternate members shall meet the qualifications of Class IV
members of the Planning Board. The alternate members shall be designated
by the Mayor as "Alternate No. 1" and "Alternate No. 2". 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
one alternate member shall expire in any one year. Alternate members
shall serve in rotation during the absence or disqualification of
any regular member of any class.
[1969 Code § 88-45; Ord. No. 1978-6]
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.
b.
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 is
no longer a member of such other body or at the completion of his
Class IV term, whichever occurs first.
c.
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.
[1969 Code § 88-46; Ord. No. 1978-6]
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.
[1969 Code § 88-47; Ord. No. 1978-6]
a.
The Planning Board, at its organizational or meeting held in January
of each year, shall elect a Chairman and Vice-Chairman from the members
of Class IV, and select a Secretary who may or may not be a member
of the Planning Board or a municipal employee.
b.
When any hearing before the Planning Board shall carry over two or
more meetings, a member of the Board who was absent for one or more
of the meetings shall be eligible to vote on the matter notwithstanding
his absence from one or more of the meetings provided, however, that
such board member has available to him a transcript or recording of
the meetings from which he was absent and certifies in writing to
the Board that he has read such transcript or listened to such recording.
[1969 Code § 88-48; Ord. No. 1978-6]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint the Planning Board Attorney
who shall be an attorney other than the Municipal Attorney.
[1969 Code § 88-49; Ord. No. 1978-6]
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.
[1969 Code § 88-50; Ord. No. 1978-6]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
Copies of the rules and regulations adopted by the Planning Board
shall be made available and shall be furnished to any person requesting
same, at the Borough Clerk's office. 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:G7A-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 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.
b.
To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance of the Borough, as well as participate
in the preparation of the Official Map, in accordance with the provisions
of said ordinances and N.J.S.A. 40:55D-1 et seq.
c.
To approve conditional use applications in accordance with the provisions of § 34-17 of this chapter 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 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 Governing Body.
g.
To consider and make report 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-26(a), and also
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-26(b).
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 and procedures 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 participate in the preparation of the Official Map.
j.
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.
[1969 Code § 88-51; Ord. No. 1978-6]
b.
Minor Subdivision. 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, if 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.
c.
Preliminary Approval of a Major Subdivision. 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.
d.
Final Approval of a Major Subdivision. 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. 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.
e.
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Subsection 34-63.7h 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 administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
f.
Simultaneous Review. 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 be 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.
g.
Public Hearings. The Planning Board is herewith authorized to waive
notice and public hearing in approving a minor subdivision, in such
cases where the Planning Board or the Subdivision Committee, appointed
by the Chairman, finds that the same conforms to the definition of
a minor subdivision in any existing ordinances or any ordinance adopted
in the future pursuant to the provisions of N.J.S.A. 40:55D-1 et seq.
[1969 Code § 88-52; Ord. No. 1978-6]
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of N.J.S.A. 40:55D-23 et
seq. shall be filed with the Secretary of the Planning Board. Applicant
shall file at least 14 days before the date of the monthly meeting
of the Board three copies of a sketch plat, three copies of applications
for minor subdivision approval, three copies of application for major
subdivision approval or three copies of an application for site plan
review, conditional use of 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 of the Planning Board.
The Secretary of the Board shall inform the applicant of the steps
to be taken to initiate applications and of the regular meeting dates
of the Board.
[1969 Code § 88-53; Ord. No. 1978-6]
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.
