If a vacancy in any class shall occur otherwise
than by expiration of the 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 the Planning Board.
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,
provided that it does not exceed the amount appropriated by the governing
body for its use. The Planning Board Attorney 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 in accordance with N.J.S.A. 40:55D-23
et seq. It shall also have the following powers and duties:
A. To make and adopt and from time to time and amend
a Master Plan for the physical development of the Borough of East
Rutherford, including any areas outside its boundaries which in the
Board's judgment bear essential relation to the planning of the Borough
of East Rutherford in accordance with the provisions of N.J.S.A. 40:55D-28.
B. To administer the provisions of Chapter
327, Land Subdivision and Site Plan Review, of the Land Use Code of the Borough of East Rutherford in accordance with the provisions of said ordinances and the Municipal Use Law of 1975, N.J.S.A. 40:55D-37 et seq.
C. To participate with the Mayor and Council 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 prepare every two years 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.
F. To consider and make reports to the governing body
within 35 days after referral as to any proposed development regulation,
revisions or amendments thereto submitted to it, pursuant to the provisions
of N.J.S.A. 40:55D-26a, and also pass upon other matters specifically
referred to the Planning Board by the governing body of the Borough
of East Rutherford, pursuant to the provisions of N.J.S.A. 40:55D-26b.
G. 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:
(1) 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.
(2) Direction pursuant to N.J.S.A. 40:55D-34 for issuance
of permits for a 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 of said Act.
(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.
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Whenever relief is requested pursuant to Subsection G, 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.
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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 N.J.S.A. 40:55D-1
et seq. shall be filed with the Building Subcode Official. The applicant
shall file at least 14 days before the date of the monthly meeting
of the Board 11 copies of a sketch plat, 11 copies of applications
for minor subdivision approval, 11 copies of application for major
subdivision approval or 11 copies of an application for site plan
review, conditional use approval or planned unit 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
plat plans, maps or other papers required by virtue of any provision
of this article or any rule of the Planning Board. The applicant shall
obtain all necessary forms from the Secretary of the Planning Board.
The Secretary of the Planning Board shall inform the applicant of
the steps to be taken to initiate applications and of the regular
meeting dates of 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 by the Board. Such person or
persons shall serve at the pleasure of the Mayor.
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.
[Amended 9-16-2014 by Ord. No. 2014-05]
For purposes of this article, the administrative officer shall
be the Planning Board Secretary.