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:
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.
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.
B. To administer the provisions of Chapter
387, Subdivision of Land and Chapter
371, Site Plan Review, of the borough in accordance with the provisions of said chapters and N.J.S.A. 40:55D-1 et seq.
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.
[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.