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 Chair and Vice
Chair from the members of Class IV and select a Secretary and Assistant
Secretary, who may be either members of the Planning Board or municipal
employees 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 a member of the Township Law Department.
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.
The Planning Board shall adopt such rules and
regulations as may be necessary to carry into effect the provisions
and purposes of this chapter. 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, pursuant to
N.J.S.A. 40:55D-28, which Master Plan shall give due consideration
to the relationship between the proposed physical development of the
Township and the Master Plan for those areas outside its boundaries
which in the Board's judgment bear essential relation to the planning
of the municipality.
B. To administer the provisions of Chapter
301, Subdivision of Land, and Chapter
281, Site Plan Review, of the Code of the Township of Montclair, in accordance with the provisions of said chapters and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
C. To approve conditional use applications in accordance with the provisions of Chapter
347, Zoning, and 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. To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend 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 review 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. Variances; direction for issuance of certain permits.
(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:
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for
issuance of a permit for a building or structure in the bed of a mapped
street or public drainageway, 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 not related to a street.
(2) Whenever relief is requested pursuant to this subsection,
notice of the 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.
(3) 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 zone plan and Chapter
347, Zoning.
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 issue subpoenas, administer oaths and take testimony
in accordance with the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.)
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.
[Added 1-19-2016 by Ord.
No. O-15-042]
A. A Development Review Committee shall be established to review all
site plan applications for development or requests for review presented
to the Planning Board and the Board of Adjustment. The Development
Review Committee shall consist of five members. The appointees shall
be two members from the Planning Board (one of whom may be the Mayor)
to be appointed by the Planning Board Chairman; one member from the
Zoning Board of Adjustment to be appointed by the Board of Adjustment
Chairman; the Planning Director; and the Board Engineer. The Zoning
Officer, the Construction Official and other staff and Board consultants
may provide advice to the Development Review Committee as required.
The terms of all members shall be one year, commencing from the first
day of January of the year of appointment. Vacancies shall be filled
in the same manner as the original appointment, and those vacancies
occurring other than by the expiration of a term shall be filled for
the duration of the unexpired term. Members shall continue serving
after the expiration of their terms until such time as their successors
shall be appointed.
B. The Development Review Committee shall conduct formal meetings, as
required, in order to review site plan applications. Applicants may
appear on their own behalf or may appear through an attorney, architect
or engineer.
C. The Development Review Committee shall have the authority to conduct formal hearings, after notice, and approve minor site plans that do not require variances, in accordance with Subsection
F, below. At least four members of the Development Review Committee shall conduct the hearing, and the decision to approve a minor site plan by the Development Review Committee shall be unanimous. A record shall be kept of the hearing proceedings.
D. The Development Review Committee shall have the following responsibilities:
(1)
Determine compliance with the Township's zoning requirements,
development regulations and design standards.
(2)
Make recommendations on the design and technical elements of
any application.
(3)
Conduct formal hearings on minor site plans that do not include
any variances.
E. The report of the Development Review Committee shall be distributed
to the Secretary of the Board where the formal application is to be
presented and to the applicant. The report shall not be binding upon
the Planning Board, the Zoning Board or the applicant, nor shall the
applicant be relieved of any requirements or regulations which have
not been addressed in the report.
F. Approval of a minor site plan:
(1)
The Development Review Committee may conduct formal hearings
and approve or deny a minor site plan.
(2)
The Planning Board may choose not to conduct formal hearings
and, instead, refer the minor site plan to the Development Review
Committee for action.
(3)
An applicant may, at any time, choose to have the minor site
plan application referred to the Planning Board for action. If a minor
site plan is denied by the Development Review Committee, the matter
shall be automatically referred to the Planning Board for action.
(4)
The Development Review Committee may impose reasonable conditions
of approval on any minor site plan. If the applicant disagrees with
any condition of approval, the site plan shall be referred to the
Planning Board for action.
(5)
Applicants seeking Development Review Committee approval of
a minor site plan shall publish notice of the public hearing in the
official newspaper of the Township at least 10 days prior to the date
of the Development Review Committee hearing.
(6)
In the event there is opposition to the minor site plan, as
expressed by opponents appearing before the Development Review Committee,
the minor site plan shall not be approved by the Development Review
Committee and shall be forwarded to the Planning Board for action.
(7)
In reviewing any minor site plan, the Development Review Committee shall use the standards set forth in Montclair Code Chapter
281, Site Plan Review.
[Added 10-30-2001 by Ord. No. 01-46]
A. Creation. The municipality of Montclair's Environmental
Commission is hereby established pursuant to Chapter 245 of the Laws
of 1968 (N.J.S.A. 40:56A-1 to 40:56A-12), as amended by Chapter 35,
P.L. 1972.
B. Members.
(1) The Commission shall consist of seven members appointed
by the Mayor, one of whom shall also be a member of the Planning Board
and all of whom shall be residents of the municipality of Montclair;
the members shall serve without compensation, but, within budgetary
limitations, they may receive reimbursement for actual expenses incurred
in the performance of their duties. The Mayor shall designate one
of the members to serve as Chairman and presiding officer of the Commission.
The terms of the office of the first Commissioners shall be for one,
two or three years, to be designated by the Mayor in making his appointments,
and their successors shall be appointed for terms of three years and
until the appointment and qualification of their successors.
[Amended 6-11-2019 by Ord. No. O-19-018]
(2) The Township Council may appoint not more than two
alternate members to the Commission who shall be residents of the
municipality of Montclair. Alternate members shall be designated at
the time of appointment by the Township Council as "Alternate No.
1" and "Alternate No. 2." An alternate member may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member. 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 first. The term of the alternate members shall be
for two years. The first alternate members of the Commission shall
be appointed for the following terms:
(a)
Alternate No. 1 for the two-year term expiring
December 31, 2003;
(b)
Alternate No. 2 for the one-year term expiring
December 31, 2002.
(3) The Commission may establish in its discretion a nonvoting
membership of associate members who will participate in meetings and
activities of the Commission.
(4) The Township Council may remove any member, alternate
member or advisory member of the Commission for cause, on written
charges served upon the member and after the hearing thereon, at which
the member shall be entitled to be heard in person or by counsel.
A vacancy on the Commission occurring otherwise than by expiration
of a term shall be filled for the unexpired term in the same manner
as an original appointment. Failure to attend meetings for two consecutive
months or two consecutive regular meetings without being excused by
the majority of the authorized membership shall result in forfeiture
of office by such member.
C. Powers of Commission. The commission is established
for the protection, development or use of natural resources, including
water resources, located within territorial limits of the municipality
of Montclair. The Commission shall have the power to conduct research
into the use and possible use of the open land areas of the municipality
and may coordinate the activities of unofficial bodies organized for
similar purposes, and may advertise, prepare, print, and distribute
books, maps, charts, plans and pamphlets which in its judgment it
deems necessary for its purposes, within budgetary limitations. It
shall keep an index of all open areas, publicly or privately owned,
including open marshland, swamps and other wetlands, in order to obtain
information on the proper use of such areas and may from time to time
recommend to the Planning Board plans and programs for inclusion in
the Master Plan and the development and use of such areas. The Commission
shall have the power to research, make application for and promote
grants and other financial assistance programs which can provide funding
to the Commission and/or the Township to fulfill the Commission's
duties as set forth herein.
D. Acquisitions by Commission. The Environmental Commission
may, subject to the prior written approval of the governing body,
acquire property, both real and personal, in the name of the municipality
by gift, purchase, grant, bequest, devise or lease for any of its
purposes and shall administer the same for such purposes subject to
the terms of the conveyance or gift. Such an acquisition may be to
acquire the fee or any lesser interest, development right, easement
(including conservation easement), covenant or other contractual right
(including a conveyance on conditions or with limitations or reversions)
as may be necessary to acquire, maintain, improve, protect, limit
the future use of, or otherwise conserve and properly utilize open
spaces and other land and water areas in the municipality.
E. Records and annual reports. The Environmental Commission
shall keep records of its meetings and activities and make an annual
report to the governing body. All meetings and conduct of business
shall be subject to the Open Public Meetings Act., N.J.S.A. 10:4-1
et seq.
F. Appropriations. The Commission may appoint such clerks
and other employees and incur such expenses as it may from time to
time require, providing the same shall be within the limits of funds
appropriated to it by the governing body or otherwise available to
it.
G. Studies and recommendations. The Environmental Commission
shall have the power to study and make recommendations concerning
open space preservation, water resources management, air pollution
control, solid waste management, noise control, soil and landscape
protection, environmental appearance, and protection of flora and
fauna as well as any other appropriate topic upon which the Township
Council seeks advice and study.
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.