[Adopted as § 2-20 (Ord. No. 269) of the 1970
Revised General Ordinances]
Pursuant to the provisions of N.J.S.A. 40:55D-1
et seq., a Planning Board consisting of nine members is established
and created.
The Planning Board shall be divided into the
following four classes:
A.
Class I: the Mayor.
B.
Class II: one of the officials of the Borough, other
than a member of the Borough Council, 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 be among the
Class IV members of the Planning Board both members of the Zoning
Board of Adjustment and a member of the Board of Education.
C.
Class III: a member of the Borough Council to be appointed
by it.
D.
Class IV: six other citizens of the Borough 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 Zoning
Board of Adjustment and one may be a member of the Board of Education.
A member of the Environmental Commission, if any, 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 be 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 the Environmental Commission
shall be deemed to be a Class II member of the Planning Board.
A.
The term of the member composing Class I shall correspond
to 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 the 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. 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.
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 appointment, as determined by resolution of
the Borough Council, provided 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 terms for which they
were appointed. All terms shall run from January 1 of the year in
which the appointment is made.
B.
There shall also be two alternate members appointed
by the Mayor with the consent of the Council who shall be designated
at the time of appointment as "Alternate No. 1" and "Alternate No.
2." Of the alternates first appointed one shall be appointed for a
two-year term and one shall be appointed for a one-year term. Thereafter,
the term of each such alternate member shall be two years. All terms
shall run from January 1 of the year in which the appointment is made.
[Added 12-16-1998 by Ord. No. 552]
C.
Alternate members may participate in discussion 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.
[Added 12-16-1998 by Ord. No. 552]
D.
All regular and alternate members of the Planning
Board shall be citizens of the Borough of Alpine.
[Added 12-16-1998 by Ord. No. 552]
If a vacancy in any class occurs other than
by expiration of term, that vacancy 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 shall select a Secretary,
who may or may not be a member of the Planning Board or a municipal
employee, and create and fill such other offices as established by
ordinance.
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 Municipal Attorney.
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 Borough Council for its
use.
[Amended by Ord. No. 304]
The Planning Board is authorized to adopt rules
and regulations for the administration of its functions, powers and
duties. It shall also have the following powers and duties:
A.
To prepare, adopt or amend a Master Plan or component
parts thereof to guide the use of lands within the Borough in a manner
which protects the public health and safety and promotes the general
welfare.
C.
To participate in the preparation and review of progress
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 report to the Borough Council 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(a), and also
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(b).
F.
Grant of relief.
(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:
(a)
Variances, pursuant to N.J.S.A. 40:55D-70(c);
(b)
Direction, pursuant to N.J.S.A. 40:55D-34, for
issuance of a permit for 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; and
(c)
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)
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 or direction for issuance
of a permit as the case may be.
G.
At the request of the developer, the Planning Board
shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. The developer shall not be required to submit any
fees for such an informal review. The developer shall not be bound
by any concept plan for which review is requested, and the Planning
Board shall not be bound by any such review.
H.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the Borough Council for the aid
and assistance of the Council or other agencies or officers.
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 has prepared
and submitted to the Planning Board an index of the natural resources
of the Borough 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.
