There is hereby established pursuant to c. 291, P.L. 1975, in the Town of Secaucus, a Planning Board of nine members
consisting of the following four classes:
B. 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 an Environmental Commission is established, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.R.S. 40:56A-1 shall be deemed to be the Class II Planning Board
member if there are both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members.
C. Class III: a member of the governing body to be appointed by it.
D. Class IV:
(1) Regular members: 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.R.S. 40:56A-1 shall be a Class IV
Planning Board member unless there are 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 Environment Commission shall be deemed to be the Class II member
of the Planning Board.
[Amended 3-6-85 by Ord. No. 85-6]
(2) Class IV Alternates: two other citizens of the municipality shall
be appointed in the manner heretofore provided for Class IV member
and shall be known as Alternate No. 1 and Alternate No. 2.
[Amended 3-6-85 by Ord. No. 85-6]
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.
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.
There is hereby created the office of Planning Board Attorney.
The Planning Board Attorney shall annually appoint or contract for
and fix the 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 exceed, however, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
The Planning Board shall have the following powers and duties:
A. To make and adopt and from time to time amend a plan to guide the
use of lands within the town, including any areas outside its boundaries
which in the Board's judgment bear essential relation to the
planning of the town, in accordance with the provisions of N.J.R.S.
40:55D-28.
B. To administer the provisions of the Land Subdivision and Site Plan
Review Ordinances of the town in accordance with the provisions of
said ordinances and the Municipal Land Use Law of 1975.
C. To approve conditional uses in accordance with the provisions of
the Zoning Ordinance pursuant to N.J.R.S. 40:55D-67.
D. To assemble data on a continuing basis as part of a continuous planning
process.
E. If the governing body authorizes same, to 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.
F. To consider and made reports to the governing body within 35 days
after referral as to any proposed development regulations or amendments
thereto; as to the adoption of the Official Map or amendments thereto;
as to adoption of the Zoning Ordinance and amendments thereto; submitted
to it pursuant to the provisions of N.J.R.S. 40:55D-26a, 40:55D-32
et seq. and 40:55D-62 et seq., and also pass upon other matters specifically
referred to it by the governing body pursuant to the provisions of
N.J.R.S. 40:55D-26b.
G. 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:
(1) Variances pursuant to N.J.R.S. 40:55D-70c 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.
(2) Direction pursuant to N.J.R.S. 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.R.S. 40:55D-32.
(3) Direction pursuant to N.J.R.S. 40:55D-36 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.
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H. 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.
I. To approve amendments and changes to the Official Map.
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.
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.R.S. 2A:67A-1 et seq.) shall apply.