[Amended 5-13-1980 by Ord. No. 80-717; 5-8-1984 by Ord. No.
84-779; 3-9-2010 by Ord. No. 2010-1316]
A.
The Borough of Montvale Planning
Board, with all powers and duties described herein, consisting of
the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Class I: the Mayor or the Mayor's
designee in the absence of 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. Members of Class
IV shall hold no other municipal office, except that one member 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 Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a
Class IV Planning Board member, except as is otherwise provided herein.
(5)
Alternate members: not more
than four alternate members, who shall be appointed by the Mayor,
exhibiting the same qualifications as are required for Class IV members
of nine-member planning boards. Said alternate members shall, at the
time of their appointment, be designated by the Mayor as "Alternate
No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4."
Alternate members may participate in all matters but may not vote
except in the absence or disqualification of a regular member of any
class. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, the alternate
members shall vote in ascending order, with Alternate No. 1 voting
first.
B.
No member of the Planning Board,
including alternate members, shall be permitted to act on any matter
in which he or she has, either directly or indirectly, any personal
or financial interest.
C.
Any member other than a Class I
member, after a public hearing, if requested, may be removed by the
governing body for cause.
D.
The Mayor may appoint a designee
to serve at his pleasure, provided that 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.
E.
All members of the Board, except
the Class II member, shall be municipal residents.
A.
The term of the member comprising
Class I shall correspond with the Mayor's official tenure. The terms
of the members comprising Class II and Class III shall be for one
year or shall terminate at the completion of their respective terms
of office, whichever occurs first. The term of the Class IV member
who is also a member of the Environmental Commission shall be for
three years or shall terminate at the completion of his or her term
of office as a member of the Environmental Commission, whichever occurs
first.
B.
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 distributed evenly 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 hereinabove provided. All terms shall run from January
1 of the year in which the appointment is made.
C.
The terms of 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 two alternate members
shall expire in any one year; provided, however, that in no instance
shall the terms of the alternate members first appointed exceed two
years. In the event more than two alternate members are appointed
in the same year, then in such event the third and/or fourth such
members appointed shall serve for a period of one year. A vacancy
occurring otherwise than by expiration of term shall be filled by
the appointing authority for the unexpired term only.
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 a Vice Chairman
from the members of Class IV and shall select a Secretary who may
be either a member of the Planning Board or a municipal employee designated
by it.
The Planning Board may employ or contract for and fix the compensation
of an attorney, engineer, planner and other experts and staff, other
than those serving the municipality, as it may deem necessary, not
exceeding, exclusive of gifts and grants, the amount appropriated
by the governing body for its use.
A.
The Planning Board shall have the
following powers and duties:
(1)
To adopt bylaws governing its
procedural operation, provided that such bylaws are not in conflict
with this chapter or the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
(2)
To make and adopt and from
time to time amend a Master Plan for the physical development of the
Borough of Montvale, 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.
(3)
To participate in the preparation
and review of programs or plans required by state or federal law or
the regulations adopted and promulgated by the divisions and agencies
of the state and federal governments.
(4)
To assemble data on a continuing
basis as a part of a continuous planning process.
(5)
To grant or deny conditional uses in accordance with the provisions of Chapter 400, Zoning, of the Code of the Borough of Montvale and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(6)
To prepare, when authorized,
a program of municipal capital improvement projects projected over
a term of at least six years, and amendments thereto, and recommend
same to the governing body.
(7)
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 governing body, pursuant to
the provisions of N.J.S.A. 40:55D-26b.
(8)
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.
(9)
To grant an informal review
of a concept plan for development for which the developer intends
to prepare and submit an application for development.
B.
The Planning Board shall also have
the following powers formerly exercised by the Zoning Board of Adjustment,
except that the Class I and Class III members of the Planning Board
shall not participate in applications for development which involve
relief pursuant to Subsection d of N.J.S.A. 50:55D-70:
(1)
To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative officer based on or made part of the enforcement of Chapter 400, Zoning.
(2)
To hear and decide, in accordance with the provisions of any such ordinance, requests for interpretation of Chapter 400, Zoning, or the Zoning Map or for decisions upon other special questions upon which such Board is authorized to pass by any Zoning or Official Map Ordinance in accordance with this chapter and the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of other extraordinary and exceptional situations or conditions of such piece of property, the strict application of any regulation as contained in Chapter 400, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this section to allow a structure or use in a district restricted against such structure or use.
(4)
To grant a variance in particular cases and for special reasons to allow a departure from the express provisions of Chapter 400, Zoning, including but not limited to allowing a structure or use in a district restricted against such structure or use, but only by affirmative vote of at least five members of the Board.
(5)
To direct the 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 whenever one or more parcels of land situate
within any of the areas herein described cannot yield a reasonable
return to the owner unless a building permit is granted by an affirmative
vote of the majority of the full authorized membership of the Board
under terms which will, as little as possible, increase the cost of
opening such street or will tend to cause a minimum change of the
Official Map, and provided further that the issuance of such a permit
may be conditioned upon such requirements as shall ensure the promotion
of the health, morals, safety and general welfare of the public.
(6)
To direct the issuance of a
permit for a building or structure not related to a street, as required
pursuant to N.J.S.A. 40:55D-35, where it is demonstrated that the
enforcement of such provision would entail practical difficulty or
unnecessary hardship or where the circumstances of the case do not
require the building or structure to be related to a street, subject
to terms and conditions that will provide adequate access for firefighting
equipment, ambulances or other emergency vehicles necessary for the
protection of health and safety and that will protect any future street
layout shown on the Official Map or on a general circulation plan
element of the Municipal Master Plan.
(7)
To grant subdivision or site plan approval or conditional use approval, where appropriate, whenever the proposed development requires approval by the Board of a variance pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. In such case, the separate approval of the variance shall be conditioned upon the granting of all required subsequent approvals by the Board. No such subsequent approval shall be granted unless such 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 Chapter 400, Zoning. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid Subsection B(4).
(a)
Whenever an application for development requests relief pursuant to Subsection B(7) above, the Board shall grant or deny approval of the application within 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. The period for granting or denying any subsequent approval shall be as otherwise provided herein. 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 Recording Officer for purposes of filing subdivision plats.
(b)
Whenever review of approval
of the application by the County Planning Board is required by Section
5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision,
or Section 8 of P.L. 1968, c. 285 (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
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time.
(c)
An application under Subsection B(7)(a) and (b) may be referred to any appropriate person or agency pursuant to the terms of this chapter and the provisions of Chapter 291 of the Laws of New Jersey 1975, as amended by Chapter 216 of the Laws of New Jersey 1979.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
The Planning Board, when reviewing
applications for approval of subdivision plats, site plans or conditional
uses, shall have the power to grant, to the same extent and subject
to the same restrictions as a Board of Adjustment:
B.
Whenever relief is requested pursuant
to this section, notice of the 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.
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 by the Board. Such person or persons shall
serve at the pleasure of the Mayor.
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 informational 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, however,
invalidate any hearing or proceeding.
A.
Minor subdivisions. 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 its
administrative officer as provided by ordinance. Approval of a minor
subdivision shall expire 190 days from the date of municipal approval,
unless within such period a plat in conformity with such approval
and the provisions of N.J.S.A. 46:26B-1 et seq. or a deed clearly
describing the above 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 accepted for such filing shall
have been signed by the Chairman and Secretary of the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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. Upon submission
of a complete application for a subdivision of more than 10 lots,
the Planning Board shall grant or deny that approval within 95 days
of the date of submission of a complete application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Final approval of major subdivisions.
(1)
Application for final subdivision
approval shall be granted or denied within 45 days of the submission
of a complete application.
(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.
D.
Site plan approval. Upon submission
of a complete application for a site plan for 10 acres of land or
less or 10 dwelling units or less, the Planning Board shall grant
or deny preliminary approval within 45 days from the date of submission.
Upon submission of a complete application for a site plan of more
than 10 acres or more than 10 dwelling units, the Planning Board shall
grant or deny use approval within 95 days from such submission. Final
site plan approval shall be granted or denied within 45 days after
submission of a complete application to the administrative officer.
E.
Ancillary powers. Whenever the Planning Board is called upon to exhibit its ancillary powers before the granting of a variance as set forth in Article II, § 65-8, of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after the submission by the developer of a complete application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Applications for development within the jurisdiction of the
Planning Board, pursuant to the provisions of N.J.S.A. 40:55D-1 et
seq., shall be filed with the Corresponding Secretary of the Planning
Board or such other person, bureau or department as may be designated
by ordinance. The applicant shall file, at least 14 days before the
date of the regular monthly meeting of the Board, 10 copies of a sketch
plat and 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 site plan review, conditional use 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 the ordinances of the Borough of Montvale
or any rule of the Planning Board. The applicant shall obtain all
necessary forms from the Corresponding Secretary of the Planning Board.
The Corresponding 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.
The Planning 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.), and its amendments
and supplements, shall apply.[1]
