A.
There is hereby established in the Borough of Palisades
Park 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 Borough of Palisades
Park, 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 if there is both a member
of the Zoning 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 Borough of Palisades
Park to be appointed by the Mayor. The members of Class IV shall hold
no other municipal office, position or employment, except that one
member may be a member of the Board of Education and one member may
be a member of the Zoning Board of Adjustment or Historic Preservation
Commission. 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 Zoning Board
of Adjustment or Historic Preservation Commission 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.
[Amended 8-15-1995 by Ord. No. 1226]
B.
There is hereby established four positions for alternate
members of the Planning Board. The four alternate members of this
Board shall be designated by the appointing authority as "Alternate
No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4,"
respectively, and each alternate shall retain said designation during
the term for which he or she was appointed. Such alternate members
shall participate in Board affairs subject to the following provisions:
[Added 11-29-1990 by Ord. No. 1114;
amended 8-16-2005 by Ord. No. 1451]
(1)
Alternate members shall meet the qualifications of
Class IV members of the Planning Board and shall serve for a term
of two years. Of the initial alternative members appointed, however,
one shall serve for a term of one year and one shall serve for a term
of two years.
(2)
Alternate members may sit with the Board and participate
in discussions of any Board business or hearings being held by the
Board but may not vote except to serve in the place of a regular member
who is absent or disqualified.
(3)
A vote on any matter shall not be delayed by the Planning
Board so that a regular member may vote instead of an alternate member,
provided that where the alternate member is designated to serve in
place of a regular member who is disqualified from participating in
the hearing of a particular case, the alternate member shall be designated
to serve only with respect to such case.
(4)
An alternate member who has been designated to sit
in place of a regular member and who has participated in any hearing
or matter coming before the Board shall continue to act in the place
of such regular member until the final disposition of said matter
by the Board.
(5)
In the event that a choice must be made as to which
alternate member is to vote, Alternate No. 1 shall vote, then the
alternate with the next lowest designation.
(6)
When a regular member has been present and has participated
in the first hearing on any matter, no alternate member shall be designated
to serve during the absence of such regular member during any adjourned
or continued hearing or hearing on the same matter unless said alternate
member was present at such first hearing or any prior, adjourned or
continued hearing on such matter or unless said alternate member shall
certify, in writing, that he or she has listened to the tape recordings
and/or read the transcripts of the prior hearings and that he or she
has also reviewed the application and the file.
(7)
Any alternate member who has been designated to serve
in the place of an absent or disqualified regular member shall, during
the period of his or her service, enjoy all of the rights and privileges
and shall be subject to all of the duties and disabilities pertaining
to regular members, but no alternative member shall be eligible to
serve as Chairperson or Vice Chairperson of the Board. An alternate
member may serve in the absence or disqualification of a member of
any class.
A.
The term of the member composing Class I shall correspond
with his tenure of office.
B.
The term 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.
C.
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.
D.
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.
E.
Members of the Planning Board holding office on the
effective date of this chapter shall continue in office until the
completion of their terms as provided by law.
F.
The term of each Class IV member shall be four years,
effective on January 1 of the year in which the appointment is made.
If a vacancy of any class shall occur otherwise
than by expiration of a 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 or may not be 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 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 governing body for
its use.
A.
The Planning Board shall have the following powers
and duties:
(1)
To prepare and, after public hearing, adopt or amend
a Master Plan or component parts thereof to guide the use of lands
within the Borough of Palisades Park in accordance with the provisions
of N.J.S.A. 40:55D-28.
(2)
To administer the provisions of this chapter.
(4)
To prepare and recommend to the governing body for
adoption an Official Map pursuant to N.J.S.A. 40:55D-32 when so authorized
by the governing body.
(5)
To annually prepare a program of municipal capital
improvement projects projected over a term of six years and amendments
thereto and recommend the same to the governing body.
(6)
Whenever the proposed development requires approval,
pursuant to this chapter, 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 Board
of Adjustment, variances pursuant to N.J.S.A. 40:55D-70. Whenever
relief is requested pursuant to this subsection, notice of a hearing
on the application for development shall include a reference to the
request for a variance or direction for issuance of a permit, as the
case may be. 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 the 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.
[Amended 11-8-1984 by Ord. No. 1006]
(7)
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 officials
pursuant to N.J.S.A. 40:55D-26b.
The Board shall adopt bylaws governing procedures,
together with such rules and regulations, not inconsistent with this
chapter, as may be necessary to carry out 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.
Prior to the adoption of a development regulation
or revision or amendment thereto, the Planning Board shall make and
transmit to the governing body, within 35 days after referral, a report
including recommendations concerning the proposed development regulation,
revision or amendment. The governing body, when considering the adoption
of a development regulation or revision or amendment thereto, shall
review the report of the Planning Board and may disapprove or change
any recommendation by a vote of a majority of its full membership
and shall record in its minutes the reasons for not following such
recommendation. Failure of the Planning Board to transmit its report
within the thirty-five-day period provided herein shall relieve the
governing body from the requirements of this section in regard to
the proposed development regulation or revision or amendment thereto
referred to the Planning 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 has prepared
and submitted to the Planning Board an index of the natural resources
of the Borough of Palisades Park, 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.
