There is hereby established pursuant to p .L.
1975, c. 291, in the Borough of Brooklawn 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 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.
C. Class III: a member of the governing body to be appointed
by it.
D. 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 Zoning 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 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 of the Environmental Commission shall be deemed to be the
Class II member of the Planning Board.
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.
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 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.
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 the Land Subdivision
Ordinance and Site Plan Review Ordinance of the borough in accordance
with the provisions of said ordinances and the Municipal Land Use Law of 1975, 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 annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and recommend same to the governing body.
F. 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. 40:55-26(a),
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-26(b).
G. When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant relief as follows
to the same extent and subject to the same restrictions as the Zoning
Board of Adjustment; provided that 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 the issuance of a permit, as the case may be:
(1) Variances, pursuant to Subsection 57c of Chapter 291,
Laws of New Jersey, 1975 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.
(2) Direction, pursuant to Section 25 of said Act, for the issuance of a permit for a building or structure
in the bed of a mapped street or public drainage way, flood control
basin or public area reserved pursuant to Section 23 of said Act.
(3) Direction, pursuant to Section 27 of said Act, for the issuance of a permit for a building or structure
not related to a street.
H. 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.
Applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of P.L. 1975, c.
291, shall be filed with the Zoning Officer. Applicant shall
file at least 14 days before the date of the monthly meeting of the
Board five copies of an application for minor subdivision approval,
five copies of an application for major subdivision approval or five
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 10 days prior to the date set for hearing, the
applicant shall also file all plot plans, maps or other papers required
by virtue of any provision of this chapter or any rule of the Planning
Board. The applicant shall obtain all necessary forms from the Zoning
Officer. The Zoning Officer shall inform the applicant of the steps
to be taken to initiate applications and of the regular meeting dates
of the Board.
[Added 6-21-2021 by Ord. No. 11-2021]
A green development checklist for major development is adopted
and may be found as an attachment to this chapter.
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 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 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.