[Ord. No. 97-29 § 301]
There is hereby established in the Borough of Tenafly pursuant
to N.J.S.A. 40:55D-1 et seq., as amended, a Planning Board of nine
members consisting of the following classes:
Class I - The Mayor or the Mayor's designee in the absence of
the Mayor.
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 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 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 - Six other citizens of the Borough to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, except that one such member may be a member of the Zoning
Board of Adjustment or Historic Preservation Commission, and one member
may be a member of the Board of Education. The member of an Environmental
Commission who is also a member of the Planning Board, as required
by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member, unless
there are among the Class IV members or alternate members of the Planning
Board both a member of the Zoning Board of Adjustment or Historic
Preservation Commission and a member of the Board of Education, in
which case the member common to the Planning Board and the Environmental
Commission shall be deemed a Class II member of the Planning Board.
For the purpose of this section, membership on a municipal 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.
There may also be not more than two alternate members appointed
to the Planning Board in the same manner as Class IV members, who
shall be designated by the Mayor as "Alternate No. 1" and "Alternate
No. 2." Alternate members may participate in discussion of the proceedings
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, Alternate
No. 1 shall vote.
[Ord. No. 97-29 § 302]
The term of the member composing Class I shall correspond with
his 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 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 comes first.
The terms of all Class IV members first appointed under this
act shall be determined that to the greatest practicable extent, the
expiration of such terms shall be distributed evenly over the first
four years after their appointment provided that the initial Class
IV term of no member shall exceed four years. Thereafter, the Class
IV term of each member shall be four years.
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 comes first.
The terms of alternate members shall be for two years except
that of the alternate members first appointed, one shall be appointed
for a one-year term and one shall be appointed for a two-year term,
said terms to run from January 1 of the year in which the appointment
is made. Thereafter, all appointments shall be made for a term of
two years.
[Ord. No. 97-29 § 303]
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.
[Ord. No. 97-29 § 304]
The Planning Board shall elect a Chairman and a Vice Chairman
from the members of Class IV and select an Executive Secretary who
may be either a member of the Planning Board or a municipal employee
designated by it, or both.
[Ord. No. 97-29 § 305]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of,
or agree upon the race of compensation of the Planning Board Attorney
who shall be an attorney other than the Municipal Attorney.
[Ord. No. 97-29 § 306]
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 however exceed, exclusive of gifts or grants,
the amount appropriated by the Governing Body for its use.
[Ord. No. 97-29 § 307]
The 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 amend a Master Plan for the physical development
of the municipality including any areas outside its boundaries, which
in the Board's judgment bear essential relation to the planning of
the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
The Master Plan shall be reexamined every six years in accordance
with the provision of N.J.S.A. 40:55D-89. A reexamination shall be
completed at least once every six years, beginning in 1982, from the
previous reexamination. The absence of the adoption by the Planning
Board of a reexamination report pursuant to statute shall constitute
a rebuttable presumption that the municipal development regulations
are no longer reasonable.
b. To administer the provisions of this chapter and the Municipal Land
Use Law of 1975, N.J.S.A. 40:55D-1 et seq. in connection with subdivision
and site plan review.
c. To hear applications for conditional uses and in proper cases to
approve conditional use permits in accordance with the provisions
of the Zoning Regulations, pursuant to N.J.S.A. 40:55D-67.
d. To participate in the preparation and review of programs or plans
required of the Planning Board by State or Federal law or regulations.
e. To assemble data on a continuing basis as part of a continuous planning
process.
f. To annually prepare a program of municipal capital improvement projects
over a term of six years, and amendments thereto, and recommend same
to the Governing Body.
g. To consider and make 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-26(a) which report
shall identify any provisions in the proposed development regulation,
revision or amendment which are inconsistent with the Master Plan,
and shall include recommendations concerning these inconsistencies,
and any other matters the Board deems appropriate; and also pass upon
other matters specifically referred to the Planning Board by the Governing
Body pursuant to provisions of N.J.S.A. 40:55D-26(b).
h. To grant to the same extent and subject to the same restrictions
as the Board of Adjustment whenever the proposed development requires
approval of a subdivision, site plan, or conditional use, but not
a variance pursuant to N.J.S.A. 40:55D-70(d):
1. Variances pursuant to N.J.S.A. 40:55D-70(c).
2. 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.
3. 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.
i. 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.
j. To consider and make a report within 45 days of its receipt upon
any petition for annexation submitted to the Governing Body of the
municipality and referred to the Planning Board pursuant to the provisions
of N.J.S.A. 40A:7-12.
k. To review a petition for inclusion of a parcel in a municipally approved
Farmland Preservation Program pursuant to N.J.S.A. 4:1C-21(c).
[Ord. No. 97-29 § 309]
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.