A.
There is hereby established pursuant to the Municipal
Land Use Law, P.L. 1975, c. 291,[1] in the City of Passaic a Planning Board of nine members
consisting of the following four classes:
(1)
Class I: the Mayor.
(2)
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 Board of Adjustment and a member of the Board of Education
among the Class IV members.
(3)
Class III: a member of the governing body to be appointed
by it.
(4)
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 Board of Adjustment and one 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 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Alternate members. Two citizens of the municipality
to be appointed by the Mayor shall be alternate members for Class
IV members. The two alternate members must meet all the qualifications
of Class IV members. The alternate members shall be designated at
the time of appointment by the Mayor as Alternate No. 1 and Alternate
No. 2.
C.
All nine members shall be deemed unclassified employees
of the City of Passaic and shall receive a salary of $1 per year and
no other compensation or benefit, either directly or indirectly.
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 comes first. The term of a Class IV member who
is also a member of the Board of Adjustment or 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.
The terms of all Class IV members first appointed pursuant to this
Part 1 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 the date of said appointment, unless an appointment
was made to fill an unexpired term. The terms of the alternate members
first appointed pursuant to this Part 1 shall be so determined that
Alternate No. 1 shall have a two-year term and Alternate No. 2 shall
have a one-year term. Thereafter, the terms of the alternate members
shall be for two years, except that in no one year shall the terms
of more than one alternate member expire.
[Amended 2-8-2011 by Ord. No. 1858-11]
A.
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. Any member of the Planning Board who shall, during a calendar
year, be absent for three consecutive regularly scheduled meetings
of the Board to which he or she has been appointed shall be subject
to removal by the Mayor and/or City Council in accordance with the
provisions of this section. The Secretary to the Planning Board shall
be required to report to the Mayor and Council three consecutive absences
in the calendar year by any Board member, and when requested to do
by the Mayor and/or Council, the Board member who missed three consecutive
regularly scheduled meetings during the calendar year shall submit
a written explanation for each of his or her absences. Any Board member
may also be removed by the Mayor and/or Council for cause in accordance
with the provisions of this section.
B.
In the event
that the Mayor and/or Council determines preliminarily that there
have been three consecutive absences from regularly scheduled meetings
by any appointed Board member, and that the absences are without "reasonable
justification" as defined herein, or that cause otherwise exists for
the removal of such Board member, the Mayor and/or Council shall have
the right to introduce a resolution for the consideration of the City
Council to institute removal proceedings. No member of the Board shall
be removed based on his or her absence at a regularly scheduled meeting
where there was a reasonable justification for the absence. "Reasonable
justification" for absence shall mean illness of the Board member
or immediate family member of the Board member and/or exigent business
or personal responsibilities which render it impracticable for the
Board member to be in attendance. Where the Mayor and/or Council has
instituted such removal proceedings, the proceedings shall be as follows:
(1)
A written
notice of intention to remove shall be mailed to the Board member
at his or her home address. The notice shall advise the Board member
as to a right to a hearing before the City Council; as to the right
to be represented by counsel; and as to the right to cross-examine
witnesses and present witnesses on his or her behalf. The notice shall
set forth a date for a proposed hearing and shall notify the Board
member that if he or she wishes to contest the removal, a written
notice of intention to contest must be submitted to the City Clerk
at least 10 days prior to the scheduled hearing. The notice to the
Board member shall list the dates of the regularly scheduled meetings
from which the Board member is alleged to have been absent or shall
otherwise set forth the factual basis for such removal.
(2)
The
hearing shall be conducted by the City Council in Council chambers.
The Board member shall have a right to participate in the proceedings,
either personally or by counsel, and shall have a right to examine
witnesses and present evidence. Upon conclusion of all the evidence,
the City Council shall make findings of fact and conclusions as to
whether the Board member shall be removed.
C.
The Secretary
for the Planning Board shall forward the minutes of all Board meetings
to the City Council once approved by the Planning Board.
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 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.
A.
The Planning Board shall follow the provisions of
this Part 1 and the Municipal Land Use Law (P.L. 1975, c. 291, N.J.S.A.
40:55d-1 et seq.) and shall accordingly exercise its power. It shall
also have the following powers and duties:
(1)
To make and adopt and, from time to time, amend a
Master Plan for the physical and social development of the City in
accordance with the provisions of N.J.S.A. 40:55D-28.
(2)
To administer the provisions of the Land Subdivision
Ordinance and the site plan approval section of the Zoning Ordinance
in accordance with the provisions of said ordinances and the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.).
(4)
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(5)
To assemble data on a continuing basis as part of
a continuous planning process.
(6)
To prepare, from time to time, upon the authorization
of the governing body, a program of municipal capital improvement
projects projected over a term of at least six years, and amendments
thereto. Said program is to be prepared in accordance with the Municipal
Land Use Law, N.J.S.A. 40:55D-29 and 55D-30.
(7)
To consider and make a report to the governing body
within 35 days after referrals as to any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-25a,
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.
(8)
Approval of proposed developments.
(a)
Whenever the proposed development requires approval
pursuant to this act[2] of a subdivision, site plan or conditional use, but not
a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board shall
have the power to grant to the same extent and subject to the same
restrictions as the Board of Adjustment:
[1]
Variances pursuant to the Municipal Land Use
Law, N.J.S.A. 40:55D-70c.
[2]
Direction pursuant to N.J.S.A. 40:55D-34 for
issuance of permits for buildings or structures in the bed of a mapped
street or public drainageway, a flood control or public area reserved
pursuant to N.J.S.A. 40:55D-32.
[3]
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]
Editor's Note: "This act" or "the act," as
used here and elsewhere in this chapter, refers to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
(b)
Whenever relief is requested pursuant to this Subsection A(8), 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.
(c)
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 Zoning Ordinance.
(9)
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.
B.
Whenever the Planning Board shall have adopted any
portion of the Master Plan, the governing body or public agency having
jurisdiction over the subject matter, before taking action necessitating
the expenditure of any public funds incidental to the location, character
or extent of such project, shall refer the action involving such specific
project to the Planning Board for review and recommendation in conjunction
with such Master Plan and shall not act thereon without such recommendation
or until 45 days have elapsed after such reference without receiving
such recommendation. This requirement shall apply to action by a housing,
parking, highway, special district or other authority, redevelopment
agency, school board or other similar public agency, state, county
or municipal (N.J.S.A. 40:55D-31).
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this Part 1 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. 26A:67A-1 et seq.) shall apply.
