[1]
Editor's Note: Ord. No. 2288 adopted December 17, 2009, dissolved
the Zoning Board of Adjustment and created a nine (9) member Planning
Board pursuant to N.J.S.A. 40:55D-25c(1) to be known as the Municipal
Land Use Board. References to the Planning Board and the Zoning Board
of Adjustment have been retained. All such references shall imply
and be read as "Municipal Land Use Board acting as."
[Ord. No. 2288 § 4]
A.
There shall be a nine-member Municipal Land Use Board, the membership
of which shall consist of the following four (4) classes:
1.
Class I: the Mayor or the Mayor's designee in the absence of the
Mayor:
(a)
The term of the member composing Class I shall correspond to
such member's official tenure. If such 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 official tenure.
(b)
The Mayor may appoint a designee to serve at his pleasure, provided
a letter of appointment is filed with the Borough Clerk. Any person
appointed shall serve until a letter of appointment of another person
is filed with the Borough Clerk.
2.
Class II: one of the officials of the Borough other than a member
of the governing body, to be appointed by the Mayor; provided that
if there be an Environmental Commission, the member of the Environmental
Commission who is also a member of the Municipal Land Use Board as
required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Municipal
Land Use Board member for purposes of this section in the event that
there be among the Class IV or alternate members of the Municipal
Land Use Board a member of the Board of Education:
(a)
The term of the member composing Class II shall be for one (1)
year or terminate at the completion of the member's respective term
of office, whichever occurs first, except for a Class II member who
is also a member of the Environmental Commission.
(b)
The term of a Class II member who is also a member of the Environmental
Commission shall be for three (3) years or terminate at the completion
of the member's term of office as a member of the Environmental Commission,
whichever occurs first.
3.
Class III: a member of the Governing Body to be appointed by Council:
provided that the term of the member composing Class III shall be
for one (1) year or terminate at the completion of the member's respective
term of office, whichever occurs first.
4.
Class IV: Six (6) other citizens of the Borough, to be appointed
by the Mayor.
(a)
The members of Class IV shall hold no other municipal office,
position or employment except that one such member may be a member
of the Historic Preservation Commission. Not more than one (1) member
of the Board of Education may be a Class IV member of the Municipal
Land Use Board. If and while there is an Environmental Commission,
the member of the Environmental Commission who is also a member of
the Municipal Land Use Board as required by N.J.S.A. 40:56A-1 shall
be a Class IV Municipal Land Use Board member, unless there be among
the Class IV or alternate members of the Municipal Land Use Board
a member of the Historic Preservation Commission and a member of the
Board of Education, in which case the member common to the Municipal
Land Use Board and Environmental Commission shall be deemed a Class
II member of the Municipal Land Use Board. For the purpose of this
section, membership on a Township board or commission whose function
is advisory in nature, and the establishment of which is discretionary
and not required by statute, shall not be considered the holding of
municipal office.
(b)
The term of a Class IV member who is also a member of the Environmental
Commission shall be for three (3) years or terminate at the completion
of his term of office as a member of the Environmental Commission,
whichever occurs first.
(c)
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.
(d)
To the greatest practicable extent, the expiration of the terms
of all Class IV members shall be distributed so that concurrent term
expirations are avoided, provided that the initial Class IV term for
no member shall exceed four (4) years. After the establishment of
the Board's membership as aforesaid, the Class IV term of each member
shall be four (4) years.
5.
If a vacancy in any class shall occur otherwise than by expiration
of the Municipal Land Use Board term, it shall be filled by appointment,
as above provided, for the unexpired term.
6.
All members of the Board, except the Class II member, shall be municipal
residents.
7.
No member of the Municipal Land Use Board shall be permitted to act
on any matter in which he or she has, either directly or indirectly,
any personal or financial interest. Any member other than a Class
I member, after a public hearing if requested, may be removed by the
Governing Body for cause.
B.
Alternate Members.
1.
There shall be four (4) alternate members of the Municipal Land Use
Board, both of whom shall by municipal residents. Alternate members
shall be appointed by the appointing authority for Class IV members
and shall meet the qualifications of Class IV members. Alternate members
shall be designated at the time of appointment as "Alternate No. 1,"
"Alternate No. 2," "Alternate No. 3" and "Alternate No. 4." 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 (1) alternate member shall expire in any one (1) year;
provided, however, that in no instance shall the terms of the alternate
members first appointed exceed two (2) years. A vacancy occurring
otherwise than by expiration of term shall be filled by the appointing
authority for the unexpired term only.
[Ord. No. 2288, Preamble]
Pursuant to N.J.S.A. 40:55D-25(c)(1), in a municipality having
a population of fifteen thousand (15,000) or less, a nine-member planning
board if so provided by ordinance, shall exercise, to the same extent
and subject to the same restrictions, all the powers of a Board of
Adjustment, but the Class I and Class III members shall not participate
in consideration of applications in development which involve relief
pursuant to Subsection d of section 57 of P.O. 1975, c.291 (C.40:55D-70).
[Ord. No. 2518 § 1]
A.
A Development Review Committee shall be established to review all
applications for development or requests for review presented to the
Municipal Land Use Board, acting as the Planning Board or the Board
of Adjustment. The Development Review Committee shall be chaired by
the Development Coordinator and shall include the Mayor, Borough Engineer,
Construction Official, Zoning Officer and in addition, any employee
of the Borough of Roselle Park, county or state as appointed by the
Development Coordinator whose particular expertise may be required
on a specific application. The Councilperson-at-Large and Ward Councilperson
representing the area encompassing each application shall also be
invited to attend meetings of the Committee, and will be provided
with information and documentation about applications before the Committee
in similar fashion as all members. The Development Review Committee
shall have the following responsibilities:
[Amended 3-3-2022 by Ord.
No. 2675]
1.
To recommend whether the application is to be considered by the Board
as a minor or major development application.
2.
To determine compliance with the technical standards set forth in Article IV and other provisions of this chapter.
3.
To make nonbinding recommendations on the design and technical elements
of any application.
4.
To make nonbinding recommendations to the Municipal Land Use Board
acting as the Board of Adjustment and nonbinding recommendations to
the Planning Board for all pending applications.
B.
The Development Review Committee shall make known its findings prior
to the meeting when the application is to be considered.
[1980 Code § 128-4; Ord. No. 2288]
The Municipal Land Use 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 Municipal Land Use Board or a municipal
employee designated by it.
[1980 Code § 128-5; Ord. No. 2288]
There is hereby created the office of the Municipal Land Use
Board Attorney. The Municipal Land Use Board may annually appoint
and fix the compensation of or agree upon the rate of compensation
of the Municipal Land Use Attorney, who shall be an attorney other
than the Borough Attorney.
[1980 Code § 128-6; Ord. No. 2288]
The Municipal Land Use 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.
[1980 Code § 128-7; amended by Ord. No. 1348; Ord. No. 2288]
The Municipal Land Use Board acting as 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, including any areas outside its
boundaries which, in the Board's judgment, bear essential relation
to the planning of the Borough in accordance with the provisions of
N.J.S.A. 40:55D-28.
B.
To administer the provisions of Part 2, Land Subdivision and Site
Plan Review, of this chapter in accordance with its provisions and
N.J.S.A. 40:55D-1 et seq., and to hear appeals for and grant conditional
uses pursuant to N.J.S.A. 40:55D-67.
C.
To participate in the preparation and review of progress or plans
required by State or Federal law or regulations.
D.
To assemble data on a continuing basis as part of a continuous planning
process.
E.
To consider and make report to the Governing Body within thirty-five
(35) days after referral as to any proposed development, regulation
or official map ordinance submitted to it pursuant to the provisions
of N.J.S.A. 40:55D-26a, and also report or recommend upon other matters
specifically referred to the Board by the Borough Council or other
municipal agency pursuant to the provisions of N.J.S.A. 40:55D-26b,
as the Borough Council may by ordinance provide.
F.
Review of Applications.
1.
When reviewing applications for approval of subdivision plats, site plans or conditional uses, but not a variance pursuant to § 40-206 to grant, to the same extent and subject to the same restrictions as the Board of Adjustment:
a.
Variances, pursuant to N.J.S.A. 40:55D-70c.
b.
Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
c.
Direction, pursuant to 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 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.
3.
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
the 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 this chapter.
G.
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.
[1980 Code § 128-7.1; added by Ord. No. 1367; Ord. No. 2288]
A.
The Municipal Land Use Board acting as Planning Board may prepare
and, after public hearing, adopt or amend a Master Plan, or component
parts thereof, to guide the use of lands within the Borough in a manner
which protects public health and safety and promotes the general welfare.
B.
The Master Plan shall generally comprise a report or statement and
land use and development proposals, with maps, diagrams and text,
presenting at least elements in Subsection B1, 2 and 3 and, where
appropriate, elements in Subsection B4 through 10 as follows:
1.
A statement of objectives, principles, assumptions, policies and
standards upon which the constituent proposals for the physical, economic
and social development of the Borough are based.
2.
A land use plan element:
a.
Taking into account and stating its relationship to the statement
provided for in Subsection b1 hereof, and other Master Plan elements
provided for in Subsection b3 through 10 hereof and natural conditions,
including but not necessarily limited to topography, soil conditions,
water supply, drainage, floodplain areas, marshes and woodlands.
b.
Showing the existing and proposed location, extent and intensity
of development of land to be used in the future for varying types
of residential, commercial, industrial, agricultural, recreational,
educational and other public and private purposes or combination of
purposes and stating the relationship thereof to the existing and
any proposed Zone Plan and zoning ordinance.
c.
Including a statement of the standards of population density and
development intensity recommended for the Borough.
3.
A housing plan element pursuant to N.J.S.A. 52:27D-310, including
but not limited to residential standards and proposals for the construction
and improvement of housing.
4.
A circulation plan element showing the location and types of facilities
for all modes of transportation required for the efficient movement
of people and goods into, about and through the Borough, taking into
account the functional highway classification system of the Federal
Highway Administration and the types, locations, conditions and availability
of existing and proposed transportation facilities, including air,
water, road and rail.
5.
A utility service plan element analyzing the need for and showing
the future general location of water supply and distribution facilities,
drainage and flood control facilities, sewerage and waste treatment,
solid waste disposal and provisions for other related utilities, and
including any stormwater management plan required pursuant to the
provisions of N.J.S.A. 40:55D-93 et seq.
6.
A community facilities plan element showing the existing and proposed
location and type of educational or cultural facilities, historic
sites, libraries, hospitals, firehouses, police stations and other
related facilities, including their relation to the surrounding areas.
7.
A recreation plan element showing a comprehensive system of areas
and public sites for recreation.
8.
A conservation plan element providing for the preservation, conservation
and utilization of natural resources, including, to the extent appropriate,
energy, open space, water supply, soil, marshes, wetlands and other
waters, fisheries, endangered or threatened species, wildlife and
other resources and which systematically analyzes the impact of each
component and element of the Master Plan on the present and future
preservation, conservation and utilization of those resources.
9.
An economic plan element considering all aspects of economic development
and sustained economic vitality, including a comparison of the types
of employment expected to be provided by the economic development
to be promoted with the characteristics of the labor pool resident
in the Borough and nearby areas and an analysis of the stability and
diversity of the economic development to be promoted.
10.
Appendixes or separate reports containing the technical foundation
for the Master plan and its constituent elements.
C.
The Master Plan and its plan elements may be divided into subplans
and subplan elements projected according to periods of time or staging
sequences.
D.
The Master Plan shall include specific policy statement indicating
the relationship of the proposed development of the municipality,
as developed in the Master Plan, to the Master Plans of contiguous
municipalities, the Master Plan of the County in which the municipality
is located and any comprehensive guide plan pursuant to N.J.S.A. 13:1B-15.52.
[1980 Code § 128-7; added by Ord.
No. 1367; Ord. No. 2288]
A.
The Mayor and Council shall, at least every six (6) years, provide
for a general reexamination of its Master Plan or adopted elements
thereof and development regulations by the Municipal Land Use Board
acting as the Planning Board, which shall prepare and adopt by resolution
a report on the findings of such reexamination, a copy of which report
and resolution shall be sent to the Union County Planning Board and
the Municipal Clerks of each adjoining municipality. A reexamination
shall be completed at least once every six (6) years from the previous
reexamination.
B.
The reexamination report shall state:
1.
The major problems and objectives relating to and development in
the Borough at the time of the adoption of the last reexamination
report.
2.
The extent to which such problems and objectives have been reduced
or have increased subsequent to such date.
3.
The extent to which there have been significant changes in the assumptions,
policies and objectives forming the basis for the Master Plan or adopted
elements thereof or development regulations as last revised, with
particular regard to the density and distribution of population and
land uses, housing conditions, circulation, conservation of natural
resources, energy conservation and changes in State, County and Borough
policies and objectives.
4.
The specific changes recommended for the Master Plan or development
regulations, if any, including underlying objectives, policies and
standards, or whether a new plan or elements thereof or regulations
should be prepared.
[1980 Code § 128-8; amended by Ord. No. 1348; Ord. No. 2288]
A.
Minor Subdivisions and Minor Site Plans. Minor subdivision approvals
and minor site plan approvals shall be granted or denied within forty-five
(45) days of the date of submission of a complete application to the
Municipal Land Use Board acting as the Planning Board or within such
further time as may be consented to by the applicant. Approval of
a minor subdivision shall expire one hundred ninety (190) days from
the date of 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 Register, the Borough Engineer
and the Borough Tax Assessor. Approval of a minor site plan shall
expire one hundred ninety (190) days from the date of Board approval,
unless a building permit is issued prior to that date.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Preliminary Approval of Major Subdivisions. Upon submission of a
complete application for a subdivision of ten (10) or fewer lots,
the Board shall grant or deny preliminary approval within forty-five
(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 subdivision of more than ten (10) lots,
the Board shall grant or deny preliminary approval within ninety-five
(95) days of the date of such submission or within such further time
as may be consented to by the developer.
C.
Preliminary Approval of Site Plans. Upon the submission of a complete
application for a site plan for ten (10) acres of land or less, the
Board shall grant or deny preliminary approval within forty-five (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 of more than ten (10) acres, the Board
shall grant or deny preliminary approval within ninety-five (95) days
of the date of such submission or within such further time as may
be consented to by the developer.
D.
Ancillary Powers. Whenever the Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 40-107F of this chapter, the Board shall grant or deny approval of the application within ninety-five (95) days after submission by the developer of a complete application or within such further time as may be consented to by the applicant.
E.
Whenever an application for approval of a subdivision plat, site
plan or conditional use includes a request for relief pursuant to
N.J.S.A. 40:55D-60, the Board shall grant or deny approval of the
application within one hundred twenty (120) days after submission
by a developer of a complete application to the administrative officer
or within such further time as may be consented to by the applicant.
In the event that the developer elects to submit separate consecutive
applications, the aforesaid provision shall apply to the application
for approval of the variance or direction for the issuance of a permit.
The period for granting or denying any subsequent approval shall be
as otherwise provided in this chapter. Failure of the 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 Board to act shall be issued on request of the applicant, and
it shall be sufficient in lieu of the written endorsement or other
evidence of approval herein required and shall be so accepted by the
County Register for purposes of filing subdivision plats.
F.
Whenever review or approval of the application is required by N.J.S.A.
40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in
the case of a site plan, the Board shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the Union County Planning Board or approval by the Union County
Planning Board by its failure to report thereon within the required
time period.
G.
Final Approval. Application for final subdivision and/or site plan
approval shall be granted or denied within forty-five (45) days of
submission of a complete application or within such further time as
may be consented to by the applicant.
H.
Failure of the Board to act within the time specified for its actions
as hereinabove set forth shall constitute grant or approval of the
requested application or relief, and, where appropriate, a certificate
of the administrative officer as to the failure of the Board to act
and the effect thereof shall be issued on request of the applicant.
[1980 Code § 128-9; amended by Ord. No. 1073; Ord. No. 2288]
Applications for development within the jurisdiction of the
Municipal Land Use Board acting as the Planning Board pursuant to
the provisions of N.J.S.A. 40:55D-25 et seq., shall be filed with
the Secretary of the Board. The applicant shall file, at least twenty-one
(21) days before the date of the monthly meeting of the Board, the
number of copies of the application, plat or plan for sketch plat
review, preliminary approval of a major subdivision or site plan review,
as the case may be, as may be required in Part 2 of this chapter.
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 chapter or any rule of the Board. The applicant
shall obtain all necessary forms from the Secretary of the 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.
[1980 Code § 128-10; Ord. No. 2288]
The Mayor may appoint one (1) or more persons as a Citizens'
Advisory Committee to assist or collaborate with the Municipal Land
Use Board in its duties, but such person or persons shall have no
power to vote or take action required of the Board. Such person or
persons shall serve at the pleasure of the Mayor.
[1980 Code § 128-11; Ord. No. 2288]
The Municipal Land Use 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.
