[HISTORY: Adopted by the Township Committee
of the Township of South Hackensack as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-22-1976 as Ch. 37 of
the 1976 Code]
[Amended 3-2-1989]
Pursuant to the terms of N.J.S.A. 40:55D-23,
a Planning Board in and for the Township of South Hackensack to consist
of nine members be and is hereby created.
[Amended 6-5-1986; 3-2-1989]
The members of said Planning Board shall consist
of the following four classes:
A.
Class I: the Mayor of Township of South Hackensack.
B.
Class II: one official of the Township of South Hackensack
other than a member of the governing body, to be appointed by the
Mayor.
C.
Class III: a member of the Township Committee other
than the Mayor, to be appointed by the Township Committee.
D.
Class IV: six citizens of the Township of South Hackensack,
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, and further except
that one member may be a member of the Board of Education.
[Amended 6-5-1986]
A.
The term of the member composing Class I shall correspond
to his or her 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. The terms
of all Class IV members first appointed pursuant to the Municipal
Land Use Law[1] shall be so determined that to the greatest practical
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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
If a vacancy in any class shall occur otherwise than
by expiration of the Planning Board term, it shall be filled by appointment
as above provided for the unexpired term.
C.
No member of the Planning Board shall be permitted
to act on any matter in which he or she has, either directly or indirectly,
any personal or financial interest. Any member other than a Class
I member, after a public hearing if he or she requests one, may be
removed by the governing body for cause.
When any hearing before a Planning Board shall
carry over two or more meetings, a member of the Board who was absent
for one or more of the meetings shall be eligible to vote on the matter
upon which the hearing was conducted, notwithstanding his or her absence
from one or more of the meetings; provided, however, that such Board
member has available to him or her a transcript or recording of the
meeting from which he or she was absent and certifies in writing to
the Board that he or she has read such transcript or listened to such
recording.
[Amended 5-10-2012 by Ord. No. 2012-06]
A.
The Planning
Board shall elect a Chairman and Vice Chairman from the members of
Class IV and shall select a Secretary who may or may not be a member
of the Planning Board or a municipal employee. The Chairman shall
conduct all public meetings and shall serve without compensation.
The Vice Chairman shall assume the duties of the Chairman in his or
her absence and shall also serve without compensation. The Secretary
shall maintain all notes, records and minutes of all meetings, prepare
all meeting agendas, receive and assemble all development applications,
correspond and communicate with all applicants and Board members,
and prepare reports and other correspondence or materials at the direction
of the Board. All shall serve until December 31 of the year of their
appointment or until such time that their terms shall expire as a
matter of law and/or their successors are appointed.
B.
The Planning
Board Secretary shall receive compensation as set by the Township
Committee in the Salary Ordinance.
[Amended 6-5-1986]
The Board shall possess the following powers
and duties:
A.
Make and amend from time to time, not less frequently
than once every six years, a Master Plan for the physical development
of the Township of South Hackensack, including areas outside the boundaries
of said Township which, in the judgment of the Board, bear a essential
relationship to the Planning Board in accordance with N.J.S.A. 40:55D-28.
B.
Administer the provisions of Chapter 192, Subdivision and Land Development, in accordance with N.J.S.A. 40:55D et seq.
C.
Make and transmit to the governing body, within thirty-five
days after referral, reports, including recommendations concerning
proposed development regulations revisions or amendments or the Official
Map or any amendments thereto.
D.
Provide conditional use applications in accordance with the provisions of Chapter 208, Zoning, pursuant to N.J.S.A. 40:55D-67.
E.
Exercise such powers as may be granted in N.J.S.A. 40:55D-62 et seq. in preparing, amending, modifying and reviewing Chapter 208, Zoning.
F.
Participate in the preparation and review of programs
or plans required by state or federal law or regulations.
G.
Assemble data on a continuing basis as part of a continuous
planning process.
H.
Perform such other advisory duties as are assigned
to it by ordinance or resolution for the aid and assistance of the
Township Committee or other agencies or officers.
I.
Preparation of a program of municipal capital improvement
projects projected for a six-year term and amendments thereto in accordance
with N.J.S.A. 40:55D-29.
J.
Grant variances and certain building permits in conjunction
with subdivision, site plan and conditional use approval pursuant
to N.J.S.A. 40:55D-60 et seq.
K.
Have such powers that may be lawfully conferred upon
the Planning Board by statutory and decisional law of the State of
New Jersey.
[Adopted 2-1-1979]
Pursuant to the terms of N.J.S.A. 40:55D-28,
the Planning Board appointed under the terms of the ordinance to which
this article is a supplement shall prepare and, after public hearing,
adopt and/or from time to time amend a Master Plan or component parts
thereof to guide the use of lands within the Township in a manner
which protects the public health and safety and promotes the general
welfare.
Said Master Plan shall generally comprise a
report or statement of existing land use and development proposals
with such text as said Planning Board may determine appropriate after
due consideration of the several specific requirements of N.J.S.A.
40:55D-28 and the existing conditions in the Township and the objectives,
principles, policies and standards which said Planning Board determines
might or should be met and accomplished within the Township. Such
proposed Master Plan shall be accompanied by such sufficient maps,
subplan maps, diagrams and other information to enable the Mayor and
Township Committee of the Township by ordinance to adopt an Official
Master Plan Map either in whole or in part in accordance with N.J.S.A.
40:55D-32.
Preparatory to action on said proposed Master
Plan and Official Map, the Planning Board shall give public notice
of a hearing in respect to said proposed action as provided in N.J.S.A.
40:55D-13, 40:55D-14 and 40:55D-15. Said hearing shall be conducted
according to the provisions of N.J.S.A. 40:55D-10.
Prior to the actual adoption of the Official
Map Ordinance or other municipal regulation of the use and development
of land under this article, the Planning Board shall make and transmit
to the governing body a full and complete report, including recommendations,
concerning the proposed Official Map Ordinance or other municipal
regulation. The Mayor and Township Committee, when considering the
adoption of said Official Map Ordinance or other municipal regulation,
shall review the report of the Planning Board and may disapprove or
change any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendations. Failure of the Planning Board to transmit its
report within the time limit prescribed by N.J.S.A. 40:55D-25a shall
relieve the governing body from the requirements of N.J.S.A. 40:55D-26a
in regard to the proposed Official Map Ordinance or other municipal
regulation.
Pursuant to the provisions of N.J.S.A. 40:55D-62,
after the Planning Board has adopted a land use plan element of a
Master Plan, the Mayor and Township Committee may adopt or amend a
Zoning Ordinance relating to the nature and extent of the use of land
and buildings and structures thereon.[1] All of the provisions of such Zoning Ordinance or amendment or revision thereto shall either be substantially consistent with the land use plan element of the Master Plan or designed to effectuate such plan element. By N.J.S.A. 40:55D-4, such Zoning Ordinance is a development regulation which is subject to the provisions of § 49-10 of this article as to a Planning Board report and recommendations, including action by the Mayor and Township Committee disapproving or changing such recommendations as such provisions of said N.J.S.A. 40:55D-26a may be affected or modified by the provisions in N.J.S.A. 40:55D-62a and 40:55D-64. Such Zoning Ordinance shall comply in all respects with any and all of the mandatory provisions of Article 8 of N.J.S.A. 40:55D. On the application of any applicant to the Board of Adjustment or on the Board of Adjustment's own initiative, said Board may refer to the Planning Board for its action or determination any matter pending and undetermined before said Board of Adjustment.
Prior to the mandatory statutory hearing on
the adoption of any ordinance providing for Planning Board approval
of either subdivision of site plans, or both, or any amendment thereto,
the Mayor and Township Committee shall refer any such proposed ordinance
or amendment thereto to the Planning Board for recommendation or other
action pursuant to N.J.S.A. 40:55D-26a. Unless and until the final
adoption of a subdivision and site plan ordinance,[1] the Board of Adjustment of the municipality shall have
the power to grant subdivision and site plan approval under the same
rules and restrictions as if such application were for a zoning exception.
