There is hereby established pursuant to Chapter 291 of the Laws of New
Jersey 1975 (N.J.S.A. 40:55D-1 et seq.) in the City of Clifton 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.
C. Class III: a member of the governing body, to be appointed
by it.
D. Class IV: six other citizens of the City of Clifton,
to be appointed by the Mayor. The members of Class IV shall hold no other
municipal office, except that one such member may be a member of the Zoning
Board of Adjustment, and one may be a member of the Board of Education.
[Added 8-15-1978 by Ord.
No. 4463-78; amended 7-1-1980 by Ord.
No. 4585-80]
Pursuant to the provisions of Chapter 216 of the Laws of New Jersey
1979, approved October 11, 1979, there are hereby created and established two positions as alternate
members of the Planning Board consisting of the following class:
A. Class IV: two alternate members, to be appointed by the Mayor,
whose terms shall be for two years, provided that the initial terms of these
members shall be one year for one member and two years for the other member.
Alternate members of Class IV shall be designated by the Mayor as "Alternate
No. 1" and "Alternate No. 2." The alternate members currently serving as Class
IV alternate members shall continue in office until their terms expire.
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.
No member of the Planning Board shall be permitted to act on any matter
in which he has, either directly or indirectly, any personal or financial
interest. Any member other than a Class I member, after a public hearing if
he requests one, may be removed by the governing body for cause.
The Planning Board shall elect a Chairman and Vice Chairman from the
members of Class IV and select a Secretary, who may or may not be a member
of the Planning Board or a municipal employee.
The Planning Board may employ or contract for the services of experts
and other staff and services as it may deem necessary. The Board shall not,
however, authorize expenditures which exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
The Planning Board is authorized to adopt bylaws and rules and regulations
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 for the physical development of the City, including any areas outside
its boundaries, which in the Board's judgment bear essential relation to the
planning of the City, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. To administer the provisions of the Land Subdivision
Ordinance and ordinances pertaining to site plan review of the City in accordance
with the provisions of said ordinances and the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
C. To grant conditional uses in accordance with the provisions of Chapter
461, Zoning, and any other ordinance of the City applicable to conditional uses 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 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-26b.
H. Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment variances pursuant to N.J.S.A. 40:55D-70c. Whenever relief is requested pursuant to this Subsection
H, notice of the hearing on the application for development shall include reference to the request for a variance. The applicant 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
461, Zoning.
[Amended 7-2-1984 by Ord.
No. 4902-84]
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.
[Amended 12-15-1987 by Ord.
No. 5224-87]
Applications for development within the jurisdiction of the Planning
Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed
with the Zoning Officer. The applicant shall file, at least 14 days before
the date of the monthly meeting of the Board, an original and two copies of
a sketch plat for a minor subdivision; an original and six copies of sketch
plat for major subdivision; an original and two copies of an application for
minor subdivision approval; an original and six copies of an application for
major subdivision approval; and an original and two copies of an application
for site plan review, conditional use approval or planned development. 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 other ordinance or rule of the Planning Board. The applicant shall obtain
all necessary forms from the Zoning Officer. The Secretary of the Planning
Board shall inform the applicant of the steps to be taken to initiate application
and of the regular meeting dates of the Board. The applicant shall pay any
necessary filing fees established by ordinance or by the governing body.
Pursuant to the provisions of N.J.S.A. 40:55D-27, 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.
The Planning 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.