There is hereby established pursuant to c. 291, P.L. 1975[1] in the Town of West New York a Planning Board of nine members consisting of the following four classes:
A. 
Class I: the Mayor.
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.
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]
[1]
Editor's Note: N.J.S.A. 40:55D-1 et seq.
A. 
The term of the member composing Class I shall correspond with his 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 occurs first.
B. 
The term of a Class IV member who is also a member of the Board of Adjustment or of 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 term shall be evenly distributed over the first four years after their appointment 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 term 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.
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.
A. 
The developer shall submit to the administrative officer a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient. If an application for development is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be properly submitted.
B. 
If the Planning Board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with the ordinance and this act, grant preliminary site plan approval.
C. 
Upon the submission to the administrative officer of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny said application within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres, 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 of this site plan.
A. 
Minor subdivision shall be any subdivision of land which does not involve the creation of more than three lots and which does not involve the extension of any off-tract improvements, planned development and any new street.
B. 
The Planning Board may waive notice and public hearing for an application for development if the Planning Board or Subdivision Committee of the Board finds that the application for development conforms to the definition of "minor subdivision" set forth in Subsection A.
C. 
Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40 and 40:55D-53.
A. 
Major subdivision is any subdivision of land which is not classified as a minor subdivision.
B. 
For all applications for preliminary approval of major subdivisions, the Planning Board shall hold a public meeting with public notice given by publication in the official newspaper of general circulation in the municipality; and a notice of the hearing shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing and to other persons as required by N.J.S.A. 40:55D-12 and in following the procedures set forth in N.J.S.A. 40:55D-12, and shall have the effect of N.J.S.A. 40:55D-14.
C. 
As a condition of a subdivision or site plan approval, the approving authority may require the installation and maintenance of on-tract improvements; and the regulations may require a developer to pay his pro rata share of the cost of off-tract improvements in accordance with N.J.S.A. 40:55D-42.
A. 
Minor subdivisions.
(1) 
Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board 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 minor subdivision approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(2) 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
(3) 
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 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.
(4) 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
B. 
Preliminary approval of major subdivisions.
(1) 
Upon submission of a complete application 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 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.
(2) 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
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.
A. 
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 231-6H, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant.
B. 
Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
A. 
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that in the case of a planned unit development, planned unit residential development or residential cluster, the Planning Board may permit minimal deviations from the conditions or preliminary approval necessitated by changes of conditions beyond the control of the developer, since the date of preliminary approval, without the developer being required to submit another application for development for preliminary approval.
B. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, 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 final approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
C. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of site plan, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
A. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required in N.J.S.A. 40:55D-54, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this act, the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 for the section granted final approval.
B. 
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two 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 final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final 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 final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
A. 
The Planning Board when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to this article, if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B. 
The Planning Board when acting upon applications for preliminary site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of an ordinance adopted pursuant to this article, if the literal enforcement of one or more provisions of the ordinance is impracticable or will enact undue hardship because of peculiar conditions pertaining to the land in question.
C. 
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
A. 
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of c. 291, P.L. 1975,[1] shall be filed with the Town Clerk. The applicant shall file, at least 14 days before the date of the monthly regular public meeting of the Board, 10 copies of applications for minor subdivision approval, 10 copies of applications for major subdivision approval or 10 copies of an application for site plan review, conditional use approval or planned development.
[1]
Editor's Note: N.J.S.A. 40:55D-1 et seq.
B. 
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 provision of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Town Clerk. The Town Clerk shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
C. 
The applicant shall pay any necessary filing fees established by the governing body.
D. 
If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted.
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.