[Amended 11-4-1981 by Ord. No. 81-21-802; 10-9-1986 by Ord. No. 86-21-938]
A.
There is hereby established, pursuant to N.J.S.A.
40:55D-23, in the Borough of Cresskill a Planning Board of nine members
and two alternates, consisting of the following four classes:
(2)
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 is an Environmental Commission, the
member of the Environmental Commission [2] 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 if there is both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members.
(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. The members of Class IV shall hold no other
municipal office, position or employment, except that one member may
be a member of the Zoning Board of Adjustment or Historic Preservation
Commission, 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.S.A. 40:56A-1, shall be a Class IV Planning
Board member unless there is 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 of the Environmental
Commission shall be deemed to be the 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.[3]
B.
Alternates. There shall be two alternate members of
the Planning Board, who shall be appointed by the Mayor and designated
as "Alternate No. 1" and "Alternate No. 2." Alternate members may
participate in discussions of the proceedings but may not vote, except
in the absence or disqualification of a regular member of any class.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
A.
The term of the Class I member shall correspond with
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 comes first.[1]
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.
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 appointments 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 term of any present member 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.
D.
Alternate members shall serve for terms of two years,
except that the terms of the alternate members shall be such that
the term of not more than one alternate shall expire in any one year.
[Added 1-14-1981 by Ord. No. 81-21-802]
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 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.
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.
[Amended 7-2-1985 by Ord. No. 85-15-905; 10-9-1986 by Ord. No. 86-21-938]
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.
It shall also have the following powers and duties:
A.
To make and adopt and, from time to time, 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.
B.
D.
To participate in the preparation and review of programs
or plans required 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 projected over a term of six years, and amendments
thereto, and recommend the 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-26a,
and also to 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.
H.
Whenever the proposed development requires approval,
pursuant to this article, of a subdivision, site plan or conditional
use, but not a variance pursuant to N.J.S.A. 40:55D-70d, to grant,
to the same extent and subject to the same restrictions as the Board
of Adjustment, variances pursuant to N.J.S.A. 40:55D-70. Whenever
relief is requested pursuant to this subsection, notice of a hearing
on the application for development shall include a reference to the
request for a variance or direction for the issuance of a permit,
as the case may be. The developer may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval of
a subdivision site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditioned upon grant of all required subsequent approvals by the
Planning Board. No such subsequent approval shall be granted unless
the approval can be granted without substantial detriment to the public
good and without substantial impairment of the intent and purpose
of the Zoning Plan and Zoning Ordinance.
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 reexamine the Master Plan and developmental regulations
every six years and prepare a report pursuant to the requirements
of N.J.S.A. 40:55D-89 et seq.
K.
At the request of the developer, to grant an informal
review of a concept plan for a development which the developer intends
to prepare and submit as an application for development. The developer
shall not be bound by any concept plan for which a review is requested,
and the Planning Board shall not be bound by any such review.
[Amended 7-2-1985 by Ord. No. 85-15-905]
A.
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application, as defined in Subsection C of this section, to the Planning Board or within such further time as may be consented to by the applicant. 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, as defined in Subsection C of this section, 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, as defined in Subsection C of this section, 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.
An application for development shall be complete for
purposes of commencing the applicable time period for action by a
municipal agency, when so certified by the municipal agency or its
authorized committee or designee. In the event that the agency, committee
or designee does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless:
(1)
The application lacks information indicated on a checklist
adopted by ordinance and provided that the applicant; and
(2)
The municipal agency or its authorized committee or
designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more requirements be waived,
in which event the municipal agency or its authorized committee shall
grant or deny the request within 45 days.
D.
Nothing herein shall be construed as diminishing the
applicant's obligation to prove in the application process that he
is entitled to approval on the application.
E.
The municipal agency may subsequently require correction
of any information found to be in error and submission of additional
information not specified in the ordinance or any revisions in the
accompanying documents, as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application shall not be deemed incomplete for lack of any such
additional information or any revisions in the accompanying documents
so required by the municipal agency.
[Amended 7-2-1985 by Ord. No. 85-15-905]
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance, as set forth in § 38-7H 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 (as defined in § 38-8C) 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 a decision favorable to the applicant.
[Amended 7-2-1985 by Ord. No. 85-15-905[1]]
Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application, as defined in § 38-8C, or within such further time as may be consented to by the applicant. Final approval of a major subdivision shall expire 95 days from the date of 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.
Applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of P.L. 1975, c.
291, shall be filed with the Secretary of the Planning Board through
the Borough Clerk's office. The applicant shall file, at least 14
days before the date of the monthly meeting of the Board, six copies
of a sketch plat, six copies of applications for minor subdivision
approval, six copies of an application for major subdivision approval
or six 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 provisions 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 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 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.
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 invalidate any hearing or proceeding.
