There is hereby established in the Village of
Ridgewood a Planning Board of nine members and up to two alternates,
pursuant to the Municipal Land Use Law.[1]
A.
Membership; appointment. The Planning Board shall
consist of four classes of members, plus alternates, as follows:
(1)
Class I: The Mayor of the Village, or the Mayor's
designee in the absence of the Mayor.
(2)
Class II: One of the officials of the Village other
than a member of the Village Council, to be appointed by the Mayor.
(3)
Class III: A member of the Village Council to be appointed
by it.
(4)
Class IV: Six Village residents to be appointed by
the Village Council. The members of Class IV shall hold no other municipal
office, position or employment, except that one such member may be
a member of the Zoning Board of Adjustment or Historic Preservation
Commission and one such member may be a member of the Board of Education.
For the purpose of this qualification, 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.
[Amended 3-9-1999 by Ord. No. 2657]
(5)
One member of the Environmental Commission, if one
exists, shall be a Class IV member, unless there is among the Class
IV 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.
(6)
There shall be up to two alternate members of the
Planning Board, appointed by the Village Council. Alternate members
shall meet the qualifications of Class IV members of the Planning
Board. If more than one alternate member is appointed, they shall
be designated at the time of appointment by the Village Council as
"Alternate No. 1" and "Alternate No. 2."
B.
Terms of office. The terms of office for Planning
Board members shall be as follows:
(1)
The term of the Class I member shall correspond to
the Mayor's official tenure, or if the member is 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.
(2)
The terms of the Class II and Class III members 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.
(3)
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 occurs first.
(4)
The term of a Class IV member who is also a member
of the Zoning Board of Adjustment or Board of Education shall terminate
when he is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first.
(5)
The terms of all Class IV members shall be for four
years, except as provided otherwise herein.
(6)
The terms of alternate members shall be for two years,
except that if more than one alternate member is appointed, the terms
of the alternate members shall be such that the term of not more than
one alternate member shall expire in any one year; provided, however,
that in no instance shall the terms of the alternate members first
appointed exceed two years.
(7)
All terms shall run from the July 1 preceding the
date on which the appointment is made.
(8)
Nothing contained herein shall affect the terms of
any present members of the Planning Board, all of whom shall continue
as members until the completion of the terms for which they were appointed.
C.
Planning Board committees. The Planning Board Chairman
may appoint from among the members of the Board a Subdivision and
Site Plan Committee to review, report and make recommendations to
the full Board regarding subdivision and site plan applications pending
before the Board. The Planning Board Chairman may also appoint from
among the members of the Board such other committees as the Chairman
may deem advisable in carrying out the functions of the Planning Board.
D.
Powers and duties of the Planning Board. The Planning
Board shall follow the provisions of the Municipal Land Use Law[2] and this chapter, and accordingly shall have authority
to:
(1)
Prepare, adopt and amend a Master Plan or component
part thereof.
(2)
Exercise control over and review of subdivisions,
site plans and conditional uses, including certain variances and building
permits. Notwithstanding the above, the Planning Board shall not have
the power to review and approve site plans, subdivisions or conditional
uses when such applications involve a "D" variance.
(3)
Perform informal review of concept plans for development
as provided by this chapter.
(4)
Make recommendations to the Village Council concerning
adoption or amendment of development regulations and an Official Map.
(5)
Direct the issuance of building permits for buildings
or structures in certain areas shown on an Official Map, when such
building permits also require subdivision, site plan or conditional
use approval.
(6)
Direct the issuance of building permits for buildings
or structures on a lot not related to a street, when such building
permits also require subdivision, site plan or conditional use approval.
(7)
Make recommendations to the Village Council and/or
any housing, parking, highway, special district or other authority,
redevelopment agency, school board or other similar public agency,
state, county or municipal, concerning the relationship of capital
projects to the Master Plan pursuant to N.J.S.A. 40:55D-31.
(8)
Prepare a capital improvements program, if authorized
by the Village Council.
(9)
Participate in the preparation and review of programs
or plans required by state or federal law or regulation.
(10)
Assemble data on a continuing basis as part of a continuous
planning process.
(11)
Perform such other advisory duties as are assigned
to it by ordinance or resolution of the Village Council for the aid
and assistance of the Village Council or other agencies or officers.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
There is hereby established in the Village of
Ridgewood a Zoning Board of Adjustment of seven members and up to
two alternates, pursuant to the Municipal Land Use Law.[1]
A.
Membership; appointment. Qualifications for and appointment
as members of the Zoning Board of Adjustment shall be as follows:
(1)
No member may hold any elective office or position
under the Village.
(2)
All members shall be citizens of the Village of Ridgewood.
(3)
All members shall be appointed by the Village Council.
(4)
If more than one alternate member is appointed, they
shall be designated as "Alternate No. 1" and "Alternate No. 2" by
the Village Council at the time of appointment.
B.
Terms of office. The terms of office for Zoning Board
of Adjustment members shall be as follows:
(1)
The terms of regular members shall be for four years.
(2)
The terms of alternate members shall be for two years,
except that if more than one alternate member is appointed, the terms
of the alternate members shall be such that the term of not more than
one alternate member shall expire in any one year; provided, however,
that in no instance shall the terms of the alternate members first
appointed exceed two years.
(3)
All terms shall run from the July 1 preceding the
date on which the appointment is made.
(4)
Nothing contained herein shall affect the terms of
any present members of the Zoning Board of Adjustment, all of whom
shall continue as members until the completion of the terms for which
they were appointed.
C.
Powers and duties of the Zoning Board of Adjustment.
The Zoning Board of Adjustment shall follow the provisions of the
Municipal Land Use Law[2] and this chapter and accordingly shall have authority
to:
(1)
Hear and decide appeals where it is alleged by the
appellant that there is error in any order, requirement, decision
or refusal made by the Zoning Officer based on or made in the enforcement
of the zoning regulations.
(2)
Hear and decide requests for interpretation of the
Zoning Map or zoning regulations or for decisions upon other special
questions upon which the Board is authorized to pass by any zoning
regulation or Official Map regulation, in accordance with this chapter
and the Municipal Land Use Law.[3]
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3)
Hear and decide requests for variances. Notwithstanding
the above, the Zoning Board of Adjustment shall not have the power
to hear and decide variances if the application also requires subdivision,
site plan or conditional use approval, unless the application involves
a "D" variance.
(4)
Exercise control over and review of subdivisions,
site plans and conditional uses, only when such applications involve
a "D" variance.
(5)
Direct the issuance of building permits for buildings
or structures in certain areas shown on an Official Map, unless such
building permits also require subdivision, site plan or conditional
use approval.
(6)
Direct the issuance of building permits for buildings
or structures on a lot not related to a street, unless such building
permits also require subdivision, site plan or conditional use approval.
(7)
Prepare at least once a year a report for the Village
Council and Planning Board, based upon its review of its decisions
on applications and appeals for variances since any previous report.
The report shall be adopted by resolution of the Zoning Board of Adjustment
and shall comment on the zoning regulations which were the subject
of variance requests and shall make recommendations for any amendments
to the zoning regulations that the Board may deem appropriate based
upon prior variance applications.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
There is hereby reconstituted a Commission in
the Village of Ridgewood to be known as "The Ridgewood Historic Preservation
Commission," pursuant to the authority of N.J.S.A. 40:55D-107 et seq.
The Commission shall consist of seven regular members and one alternate
member, all of whom shall serve without compensation.
A.
Membership; appointment. The Mayor shall appoint all
members of the Commission and shall designate at the time of appointment
the regular members by class and the alternate member. At the time
of appointment, members shall be designated by the classes described
below. Of the seven regular members, at least three members shall
be of Classes A and B. At least one member shall be of Class A and
at least one member shall be of Class B.
(1)
Class A: a person who is knowledgeable in building
design and construction or architectural history and who may reside
outside the Village.
(2)
Class B: a person who is knowledgeable or with a demonstrated
interest in local history and who may reside outside the Village.
(3)
Class C: citizens of the Village who shall hold no
other municipal office, position or employment except for membership
on the Planning Board or Board of Adjustment.
(4)
Alternate member. The alternate member shall meet
the qualifications of Class C members.
B.
Terms of office. The terms of office for Historic
Preservation Commission members shall be as follows:
(1)
The terms of the members first appointed to the reconstituted
Commission shall be so determined that to the greatest practical extent
the expiration of the terms shall be distributed, in the case of regular
members, evenly over the first four years after their appointment,
and in the case of alternate members, evenly over the first two years
after their appointment, provided that the initial term of no regular
member shall exceed four years and that the initial term of no alternate
member shall exceed two years. Thereafter, the term of a regular member
shall be four years; the term of an alternate member shall be two
years.
(2)
Notwithstanding any other provision herein, the term
of any member common to the Historic Preservation Commission and the
Planning Board shall be for the term of membership on the Planning
Board; and the term of any member common to the Historic Preservation
Commission and the Zoning Board of Adjustment shall be for the term
of membership on the Zoning Board of Adjustment.
C.
Responsibilities of Commission.
(1)
The Historic Preservation Commission shall have the
following duties and responsibilities:
(a)
To identify, record and maintain a system for
survey and inventory of all buildings, sites, places, landmarks and
structures of historical or architectural significance based on the
Secretary of the Interior's Standards and Guidelines for Archaeology
and Historic Preservation (Standards and Guidelines for Identification);
and to aid the public in understanding their worth, methods of preservation,
techniques of gathering documentation and related matters.
(b)
To advise the Planning Board on the relationship
of the Historic Preservation Plan Element of the Master Plan to other
Master Plan elements.
(c)
To advise the Planning Board on the inclusion
of historic sites and landmarks in the recommended Capital Improvement
Program.
(d)
To advise the Planning Board and Zoning Board
of Adjustment on applications for development pursuant to N.J.S.A.
40:55D-110.
(e)
To provide written reports pursuant to N.J.S.A.
40:55D-111 on the application of the zoning provisions concerning
historic preservation.
(f)
To carry out such other advisory, educational
and informational functions as will promote historic preservation
in the Village.
(2)
The Commission shall have all of the responsibilities
detailed in N.J.S.A. 40:55D-109 and as the same may hereafter be amended
and supplemented.
D.
Member participation. The following provisions shall
govern participation of members of the Historic Preservation Commission,
in addition to any other provisions that may apply by law:
(1)
Conflict of interest. No regular, alternate or temporary
member shall be permitted to act on any matter in which he has, either
directly or indirectly, any personal or financial interest. Unless
a member resides or owns property within 200 feet of property which
is the subject of an application, mere residence in a designated historic
district and/or ownership of a designated historic site or a nondesignated
site within a district shall not be deemed a personal or financial
interest.
(2)
Participation of alternate members. Alternate members
may participate in discussions of the proceedings but may not vote
except in the absence or disqualification of regular members. A vote
shall not be delayed in order that a regular member may vote instead
of an alternate member.
A.
Vacancies. A vacancy in any membership position, including
alternate members, occurring otherwise than by expiration of term
shall be filled for the unexpired term only. Appointment of members
to fill vacant positions shall be as above provided.
B.
Removal of members. Any member or alternate member,
other than the Class I member of the Planning Board, after a public
hearing if requested by the member, may be removed by the Village
Council for cause. Such hearing shall be conducted pursuant to the
dictates of due process. The accused member shall receive at least
30 days written notice of the hearing, which notice shall include
the specific charges made. The accused member shall have the right
to counsel. In the event that any member(s) of the Council have brought
the charges, said Council member(s) shall not participate in the removal
hearing or action.
C.
Officers. Each Board or Commission shall elect a Chairperson
and Vice Chairperson from their members, provided that in the case
of the Planning Board, only Class IV members may hold such positions,
and provided further that in the case of the Planning Board and the
Zoning Board of Adjustment, no alternate members shall hold such positions.
Each Board and Commission shall select a Secretary, who may or may
not be a member or alternate member or municipal employee.
[Amended 3-9-1999 by Ord. No. 2657]
D.
Attorney, other experts and staff. There is hereby
created the positions of Attorney for the Planning Board and Attorney
for the Zoning Board of Adjustment. Each Board may employ or contract
for and fix the compensation of legal counsel to fill such positions,
who shall not be the Village Attorney. The Historic Preservation Commission
shall obtain its legal counsel from the Village Attorney at the rate
of compensation determined by the Village Council, unless the Village
Council by appropriation provides for separate legal counsel for the
Commission. Each Board or Commission may also employ or contract for
and fix the compensation of a licensed professional planning consultant
or such other additional experts, staff and services as it may deem
necessary, not exceeding, exclusive of gifts or grants, the amount
appropriated by the Village Council for the Board's or Commission's
use.
E.
Funding of expenses. The Village Council shall make
provision in its budget and appropriate funds for the expenses of
the Planning Board, the Zoning Board of Adjustment and the Historic
Preservation Commission.
A.
Rules and regulations. The Planning Board and Zoning
Board of Adjustment shall adopt and may amend reasonable rules and
regulations not inconsistent with this chapter, the Municipal Land
Use Law[1] or with any applicable ordinance for the administration
of their functions, powers and duties. A copy of the rules shall be
maintained in the office of the Board Secretary and shall be furnished
to any person upon request. A reasonable fee may be charged for provision
of a copy of the rules.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Meetings. The following provisions shall apply to
the meetings of the Planning Board and Zoning Board of Adjustment:
(1)
Schedule of meetings; special meetings. Each Board
shall by its rules fix the time and place for holding its regular
meetings. Regular meetings of each Board shall be scheduled not less
than once a month and shall be held as scheduled unless canceled for
lack of applications for development to process. The schedule of meetings
shall be filed with the Village Clerk, posted upon the Village bulletin
board and sent to two newspapers with circulation in the Village,
one of which shall be the official newspaper of the Village. Each
Board may provide for special meetings at the call of the Chairman
or on the request of any two of its members.
(2)
Meetings open to public; executive sessions. All regular
meetings and special meetings shall be open to the public except to
the extent that the public may be excluded from any such meeting or
portion thereof in accordance with requirements of the Open Public
Meetings Act (P.L. 1975, c. 231, N.J.S.A. 10:4-6 et seq.). Meetings
shall be held on notice to the Board members and the public in accordance
with this chapter and the Open Public Meetings Act. An executive session
for the purpose of discussing and studying any matters to come before
the agency shall not be deemed a regular or special meeting within
the meaning of this chapter.
(3)
Quorum; conflict of interest; appointment of additional
members. No action shall be taken at any meeting without a quorum
being present. No regular, alternate or temporary member shall be
permitted to act on any matter in which he has, either directly or
indirectly, any personal or financial interest.
(a)
If the Planning Board lacks a quorum because
any of its regular or alternate members is prohibited from acting
on a matter due to a conflict of interest, regular members of the
Zoning Board of Adjustment shall be called upon to serve, for that
matter only, as temporary members of the Planning Board. Regular members
of the Zoning Board of Adjustment shall be called in order of seniority
of continuous service to the Zoning Board of Adjustment. If a choice
has to be made between regular members of equal seniority, the Chairman
of the Zoning Board of Adjustment shall make the choice. There shall
be called only the minimum number of members of the Zoning Board of
Adjustment as are necessary to establish a quorum of the Planning
Board to act on the matter.
(b)
If the Zoning Board of Adjustment lacks a quorum
because any of its regular or alternate members is prohibited from
acting on a matter due to a conflict of interest, Class IV members
of the Planning Board shall be called upon to serve, for that matter
only, as temporary members of the Zoning Board of Adjustment. Class
IV members of the Planning Board shall be called in order of seniority
of continuous service to the Planning Board. If a choice has to be
made between Class IV members of equal seniority, the Chairman of
the Planning Board shall make the choice. There shall be called only
the minimum number of Class IV members of the Planning Board as are
necessary to establish a quorum of the Zoning Board of Adjustment
to act on the matter.
(5)
Participation of alternate members. Alternate members
may participate in all matters but may not vote except in the absence
or disqualification of regular members of any class. Participation
of alternate members shall not be deemed to increase the size of the
Planning Board or Zoning Board of Adjustment. 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.
[Amended 3-9-1999 by Ord. No. 2657]
(6)
Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
reasons therefor. The minutes shall thereafter be available for public
inspection during normal business hours at the office of the Board
Secretary after their approval by the Board. Any interested party
shall have the right to compel production of the minutes for use as
evidence in any legal proceedings concerning the subject matter of
such minutes. Such interested party may be charged a reasonable fee
for reproduction of the minutes for his use.
C.
Exclusive authority of Boards. Any power expressly
authorized by this chapter or the Municipal Land Use Law[3] to the Planning Board or the Zoning Board of Adjustment
shall not be exercised by any other body, except as otherwise provided
by the Municipal Land Use Law.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
