There is hereby established pursuant to N.J.S.A.
40:55D-1 et seq. in the Borough of Paramus 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 there is an Environmental Commission, 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 in the event that there is among the Class
IV members both a member of the Zoning Board of Adjustment and a member
of the Board of Education; otherwise, the Environmental Commission
member shall be Class IV.
C.
Class III: a member of the governing body to be appointed
by it.
D.
Class IV: other citizens of the municipality to be
appointed by the Mayor. The members of Class IV shall hold no other
municipal office, except that in the case of nine-member boards, one
such member may be a member of the Zoning Board of Adjustment. 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.
No member of the Board of Education may be a Class IV member of the
Planning Board, except that in the case of a nine-member board, one
Class IV member may be a member of the Board of Education. If there
be a Municipal Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board, as required
by Section 1 of P.L. 1968, c. 245 (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 common to the Planning Board and Municipal Environmental Commission
shall be deemed a Class II member of the Planning Board.
[Amended 11-24-1992 by Ord. No. 92-23]
[Added 12-14-1978 by Ord. No. 78-26; amended 11-24-1992 by Ord. No. 92-23]
A.
There shall be two alternate members of the Planning
Board. Alternate members shall be appointed by the Mayor and shall
meet the qualifications of Class IV members of the Planning Board.
Alternate members shall be designated at the time of appointment by
the Mayor as "Alternate No. 1" and "Alternate No. 2."
B.
No alternate member shall be permitted to act on any
matter in which he has, either directly or indirectly, any personal
or financial interest. An alternate member may, after public hearing
if he requests one, be removed by the governing body for cause.
C.
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 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.
D.
The terms of the alternate members shall be for two
years, except 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 alternate members first appointed exceed two years.
A vacancy occurring otherwise than by expiration of term shall be
filled by the appointing authority for the unexpired term only.
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 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, and the term of a Class IV member
who is also a member of the Board of Adjustment or 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.
[Amended 11-24-1992 by Ord. No. 92-23]
B.
The terms of all Class IV members first appointed
under this article shall be so determined that to the greatest practicable
extent the expiration of such terms shall be distributed evenly over
the first four years after their appointments, provided that the initial
Class IV term of no member shall exceed four years. Thereafter, the
Class IV term of each such member shall be four years. If a vacancy
in any class shall occur otherwise than by expiration of the Planning
Board 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.
C.
When the term of the municipal governing body commences
on January 1, the appointment of any class of member of the Planning
Board shall commence on January 1.
[Added 11-24-1992 by Ord. No. 92-23]
If a vacancy in 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.
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 the Borough Attorney. He shall
be a member of the Legal Department of the Borough of Paramus, supervised
by the Borough Attorney.
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, exceed, inclusive of 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 for the physical development of the borough, including any areas
outside its boundaries, which, in the Board's judgment, bear essential
relation to the planning of the borough in accordance with the provisions
of N.J.S.A. 40:55D-28.
C.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of
a continuous planning process.
E.
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-26,
Subdivision a, and also to pass upon other matters specifically referred
to the Planning Board by the Borough Council, pursuant to the provisions
of N.J.S.A. 40:55D-26, Subdivision b.
F.
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
variances pursuant to N.J.S.A. 40:55D-70 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. 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.
G.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body or other agencies
or officers.
A.
Minor subdivisions. 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. 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
approval and the provisions of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision
is filed by the developer with a County Recording Officer, the Municipal
Engineer and the Municipal Tax Assessor.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Preliminary approval of major subdivisions. 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.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 77-8F of this article, 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. 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.
D.
Final approval. Application for final subdivision
approval shall be granted or denied within 45 days of submission of
a complete application or within such further time as may be consented
to by the applicant.
[Amended 9-8-1977 by Ord. No. 77-25; 11-24-1992 by Ord. No. 92-23]
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 Construction Official. Applicant shall
file at least 15 business days before the date of the monthly meeting
of the Board 22 copies of a sketch plat; 22 copies of applications
for minor subdivision approval; 22 copies of applications for major
subdivision approval or 22 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 15 business days
prior to the date set for hearing, the applicant shall also file 22
plot plans, maps or other papers required by virtue of any provisions
of this article or any rule of the Planning Board. The applicant shall
obtain all necessary forms from the Construction Official. The Construction
Official shall inform the applicant of the steps to be taken to initiate
applications and of the regular meeting dates of the Board.
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.
Whenever the Environmental Commission, if any,
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 article. 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.
