There is hereby established pursuant to c. 291, P.L. 1975,[1] in the Town of Secaucus, a Planning Board of nine members
consisting of the following four classes:
A.
Class I: the Mayor.
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]
[1]
Editor's Note: See N.J.R.S. 40:55D-1 et seq.
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, except for a Class
II member who is also a member of the Environmental Commission. The
term of a Class II or a 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.
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.
(1)
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that to the greatest practicable extent
the expiration of such terms shall be evenly distributed over the
first four years after their appointment as determined by resolution
of the governing body; provided, however, that no term of any member
shall exceed four years, and further provided that nothing herein
shall affect the terms of any present members of the Planning Board,
all of whom shall continue in office until the completion of the terms
for which they were appointed. Thereafter, 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.
[Amended 3-6-85 by Ord. No. 85-6]
(2)
The initial term of Alternate No. 1 shall expire on January 1 of
the first year following appointment and the initial term of Alternate
No. 2 shall expire on January 1 of the second year following appointment.
Thereafter, all Class IV alternates shall be appointed for terms of
two years commencing on January 1 of the year in which the appointment
is made.
[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.
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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.
A.
Minor subdivisions.
(1)
Minor subdivision approval 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.
Failure of the Planning Board to act within the period prescribed
shall constitute minor subdivision approval 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, 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 recording officer
for purposes of filing subdivision plats.
(2)
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, is 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.
B.
Preliminary approval of major subdivisions. 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.
C.
Ancillary powers.
(1)
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, § 19-7G, of this chapter, 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.
(2)
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.
D.
Final approval of major subdivisions.
(1)
Final approval shall be granted or denied within 45 days after submission
of a complete application to the administrative officer 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
final approval, 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, 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 recording officer for purposes of filing
subdivision plats.
(2)
Final approval of a major subdivision shall expire 95 days from the
date of the 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 the signing of the plat.
A.
Applications for development within the jurisdiction of the Planning
Board shall be filed with the Secretary of the Planning Board. The
applicant shall file at least 14 days before the date of the monthly
meeting of the Board three copies of an application for minor subdivision
approval; three copies of an application for major subdivision approval;
or three copies of an application for conditional use. At the time
of filing the application, but in no event less than 10 days prior
to the date set for the 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 shall inform the applicant of the steps to be taken
to initiate applications and of the regular meeting dates of the Board.
B.
The applicant shall pay any necessary filing fees established by
the governing body.
C.
If the application for development is found to be incomplete, the
developer shall be notified thereof within 45 days of submission of
such application or it shall be deemed to be properly submitted.
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.
