[Ord. No. 581 § 2-1; Ord. No. 98-1149 § 1]
A Planning Board of nine members is hereby established in the
Borough of Bernardsville pursuant to The Municipal Land Use Law, N.J.S.A.
40:55D-1, et seq. All members of the Planning Board, except for the
Class II member set forth below, shall be Borough residents. The membership
shall consist of the following four classes:
Class I. The Mayor or the Mayor's designee in the absence of
the Mayor.
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 be 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 for purposes of this Code in the event that there be
among the Class IV or alternate members of the Planning Board both
a member of the Zoning Board of Adjustment and a member of the Board
of Education.
Class III. A member of the Governing Body to be appointed by
it.
Class IV. Other citizens of the Borough to be appointed by the
Mayor.
[Ord. No. 581 § 2-2; Ord. No. 98-1149 § 1]
The term of the member composing Class I shall correspond to
the Mayor's 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 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, except for a Class II member who is also a member of
the Environmental Commission. The term of a Class II or 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 occurs first.
The term of a Class IV member who is also a member of the Board of
Adjustment or 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. The terms of all Class IV members
first appointed under this Article shall be so determined that to
the greatest practicable extent the expiration of such terms shall
be distributed evenly over the first four years after their appointments;
provided that the initial Class IV term of no member shall exceed
four years. Thereafter, the Class IV term of each such member shall
be four years. If a vacancy in any class shall occur otherwise than
by expiration of the Planning Board term, it shall be filled by appointment,
as above provided, for the unexpired term. No member of the Planning
Board shall be permitted to act on any matter in which he has, either
directly or indirectly, any personal or financial interest. Any member
other than a Class I member, after a public hearing if he requests
one, may be removed by the governing body for cause.
[Ord. No. 581 § 2-3]
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.
[Ord. No. 581 § 2-4]
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and select an Administrative Officer
who may be either a member of the Planning Board or a municipal employee
designated by it.
[Ord. No. 581 § 2-5]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, 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.
[Ord. No. 581 § 2-6]
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 authorize expenditures which exceed, exclusive
of gifts or grants, the amount appropriated by the Governing Body
for its use.
The powers of the Planning Board shall be in accordance with
N.J.S.A. 40:55D-23 et seq. and amendments and supplements thereto,
and with the provisions of this chapter.
The Planning Board is authorized to adopt by-laws governing
its procedural operation. It shall also have the following powers
and duties:
To make and adopt and from time to time amend a Master Plan
for the physical development of the Borough including its relationship
to 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 the ordinances and the Municipal Land Use Law
of 1975, N.J.S.A. 40:55D-28. The Planning Board shall conduct periodic
re-examination of the Master Plan and Development Regulations pursuant
to N.J.S.A. 40:55D-89.
To administer the provisions of the Land Subdivision Ordinance
and Site Plan Review Ordinance of the Borough in accordance with the
provisions of those ordinances and the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
To participate in the preparation and review of programs or
plans required by state or federal law or regulations.
To assemble data on a continuing basis as part of a continuous
planning process.
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.
To consider and make a 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-26a, and also
pass upon other matters specifically referred to the Planning Board
by the Mayor and Borough Council of the Borough pursuant to the provisions
of N.J.S.A. 40:55D-26b.
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:
a.
Variances relating to a specific property, including a variance for
a conditional use, from a strict application of any regulation in
the Zoning Ordinance which would result in peculiar and exceptional
practical difficulties to, or exceptional and undue hardship upon
the owner of the property, by reason of exceptional situation or condition
of such piece of property, so as to relieve such difficulties or hardship;
provided, however that no variance shall be granted under this subsection
to allow a structure or use in a district restricted against such
structure or use.
b.
Direction pursuant to N.J.S.A. 40:55D-60b for issuance of permit
for a building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32, provided same shall not conflict with the Floodplain
and Watercourse Ordinance of the Borough.
c.
Direction pursuant to N.J.S.A. 40:55D-60c for issuance of a permit
for a building or structure not related to a street.
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.
[Ord. No. 581 § 2-7]
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.
[Ord. No. 581 § 2-8.1]
The time for decision on a development application shall be
as specified in the Article herein for each activity, such as subdivision,
site plan, and conditional use.
[Ord. No. 581 § 2-8.2]
Whenever the Planning Board is called upon to exercise its ancillary
powers for granting of a variance as set forth in 2-7.7 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.
[Ord. No. 581 § 2-9]
[Amended 9-27-2021 by Ord. No. 2021-1895]
Applications for development, including all required documents
to insure completeness, within the jurisdiction of the Planning Board
pursuant to the provisions of N.J.S.A. 40:55D-37 et seq. shall be
obtained from and filed with the Administrative Officer, who shall
also inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the Board.
[Amended 9-27-2021 by Ord. No. 2021-1895]
For all development applications, 19 copies of a complete application,
including all forms, checklists, reports, drawings, etc. that are
required for the application to be deemed complete, shall be filed
with the Board's Administrative Officer. Initially, 10 sets of complete
applications may be filed with the remaining 9 sets submitted not
less than 10 days prior to the hearing date scheduled for the application.
In addition to submittal of hard copies of documents, copies
of all applications, surveys, plans, reports and studies, such as
environmental impact, traffic, stormwater, sewer and water reports,
and any other documents associated with the application, shall be
submitted digitally, in portable document format (PDF) at 400 x 400
dpi. Submittal of such digital copies shall be required to constitute
an application for development, and all revised files shall be resubmitted
as the originals are changed or amended. Every electronic submission
must be accompanied by a cover letter listing all attached documents
and any revisions, where applicable.
[Amended 9-27-2021 by Ord. No. 2021-1895]
Any maps and documents subsequently required by the Planning
Board shall also be filed in hard copy and digital (pdf) form and
shall be on file in the office of the Administrative Officer and available
for public inspection at least 10 days before the date of the hearing
or consideration pursuant to the provisions of N.J.S.A. 40:55D-10b.
Any maps and documents subsequently required by the Planning
Board shall be on file in the office of the Administrative Officer
and available for public inspection at least 10 days before the date
of the hearing or consideration pursuant to the provisions of N.J.S.A.
40:55D-10b.
[Ord. No. 581 § 2-10]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the municipality,
the Planning Board shall make available to the Environmental Commission
an information copy of every application for development to the Planning
Board. Failure of the Planning Board to make such informational copy
available to the Environmental Commission shall not invalidate any
hearing or proceeding.
[Ord. No. 581 § 2-11]
The 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.
The Planning Board shall accept the reference of any matter
or class of matter before final action thereon by a Municipal Body
or Municipal Officer having authority thereon pursuant to N.J.S.A.
40:55D-26.
[Ord. No. 581 § 2-12]
Referrals from the Zoning Board of Adjustment shall be pursuant
to Article 4 of this chapter.
