There is hereby established pursuant to c. 291,
P.L. 1975 in the Town of West New York a Planning Board of nine
members consisting of the following four classes:
B. 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 an Environmental Commission is established, 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 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.
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C. Class III: a member of the governing body to be appointed
by it.
D. 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, except that one member may be a member of the Zoning
Board of Adjustment and 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 N.J.S.A. 40:56A-1 shall
be a Class IV Planning Board member unless there is among the Class
IV members of the Planning Board both a member of the Zoning Board
of Adjustment 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.
E. Alternate members: Two other citizens of the municipality
to be appointed by the Mayor. Alternate members shall hold no other
municipal office and shall meet the qualifications of Class IV members
of the Planning Board. 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. A vote shall not be delayed in order
that the regular member may vote instead of the alternate member.
Alternates shall be designated as Alternate Number 1 and Alternate
Number 2 at the time of their appointment. In the event that a choice
must be made as to which member is to vote, Alternate Number 1 shall
vote in the absence of one member, if Alternate Number 1 is present.
[Added 8-16-1995 by Ord. No. 33/95]
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.
The Planning Board may employ or contract for
the services of legal counsel, other than the Municipal Attorney,
and experts. The Board shall not, however, exceed, exclusive of gifts
or grants, the amount appropriated by the governing body for its use.
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 from time-to-time amend a Master
Plan to guide the use of lands within the town, including any areas
outside its boundaries, which in the Board's judgment bear essential
relation to the planning of the town, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B. To administer the provisions of the Land Subdivision
and Site Plan Review Ordinance of the Town in accordance with the
provisions of said ordinances and the Municipal Land Use Law of 1975,
N.J.S.A. 40:55D-37 to 40:55D-59.
C. To approve conditional uses pursuant to N.J.S.A. 40:55D-67.
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. If the governing body authorizes same, to prepare
a program of municipal capital improvement projects projected over
a term of six years and amendments thereto.
G. To consider and make reports to the governing body
within 35 days after referral as to any proposed development regulations
or revisions or amendments thereto; as to the adoption of the Official
Map or amendments thereto; as to adoption of the Zoning Ordinance
and amendments thereto; submit to it pursuant to provisions of N.J.S.A.
40:55D-26(a) and 40:55D-32 et seq., and 40:55D-62 et seq., 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-26(b).
H. Right to grant approvals in conjunction with other
powers.
(1) When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant, to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70(c)
from lot area, lot dimensional setback and yard requirements, provided
that such relief from lot area requirements shall not be granted for
more than one lot.
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for
the issuance of permits for buildings or structures in the bed of
a mapped street or public drainage way, flood control basin or public
area reserved pursuant to N.J.S.A. 40:55D-32.
(c)
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.
(2) Whenever relief is requested pursuant to this subsection,
notice of a 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.
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. Review of specific capital projects involving public
funds in relation to the Master Plan at the town's discretion.
Preliminary approval of a major subdivision
pursuant to N.J.S.A. 40:55D-48 or of a site plan pursuant to N.J.S.A.
40:55D-46 shall, except as provided in Subsection D, confer upon the
applicant the following rights for a three-year period from the date
of the preliminary approval:
A. That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs
and sidewalks; lot size; yard dimensions and off-tract improvements;
and, in the case of a site plan, any requirements peculiar to site
plan approval pursuant to N.J.S.A. 40:55D-41 except that nothing herein
shall be construed to prevent the municipality from modifying by ordinance
such general terms and conditions of preliminary approval as relate
to public health and safety.
B. That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary subdivision plat or site
plan, as the case may be.
C. That the applicant may apply for and the Planning
Board may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
D. In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections
A,
B and
C above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
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.
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.