[Amended 1-23-1979 by Ord. No. 645[1]]
There is hereby established, pursuant to c. 291, P.L. 1975,[2] in the Borough of Caldwell a Planning Board of nine members, consisting
of the following four classes and two alternate members in the classes indicated:
A.
Class I: the Mayor.
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 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.
E.
Alternates. Two alternates may be appointed, and shall
meet the qualifications of Class IV members.
[Amended 1-23-1979 by Ord. No. 645]
A.
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.
B.
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.
C.
The terms of all Class IV members first appointed pursuant
to this chapter 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 a 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 January 1 of the year in which the
appointment was made.
D.
Alternate members of Class IV shall serve for terms of
two years; provided, however, that in the event that two alternate members
of Class IV are appointed, the initial terms of such members shall be one
and two years respectively. Such alternate members shall be designated by
the Chairman "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation
during the absence or disqualification of any regular member or members of
Class IV. Alternate members shall be appointed by the same appointing authority
as regular members of that class.[1]
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 Board shall not exceed the amount appropriated
by the governing body in fixing the compensation of the Planning Board Attorney.
The Planning Board may also employ or contract for the services of experts
and other staff as it may deem necessary. The Board shall not exceed, exclusive
of gifts or grants, the amount appropriated by the governing body for its
use.
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. 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 municipality, including any areas
outside its boundaries which in the Board's judgment bear essential relation
to the planning of the municipality, in accordance with the provisions of
N.J.S.A. 40:55D-28.
B.
To administer the provisions of Chapter 210, Subdivision and Site Plan Approval, in accordance with the provisions of said ordinances and the Municipal Land Use Law, Chapter 291, P.L, 1975., N.J.S.A. 40:55D-1 et seq.
C.
To approve conditional use applications in accordance with the provisions of Chapter 250, Zoning, pursuant to N.J.S.A. 40:55D-67.
D.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of a continuous
planning process.
F.
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.
G.
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. 40:55D-26a, 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.
H.
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 variances, pursuant
to subsection 57C of Chapter 291, P.L. 1975,[1] 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. 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-70c
I.
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.
Time frames for approvals of minor subdivisions and preliminary approvals
of major subdivisions, ancillary powers of the Planning Board and final subdivision
approval shall be as provided in N.J.S.A. 40:55D-47, as amended.
Procedure for filing applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of c. 291, P.L. 1975[1] shall be filed with the Secretary of the Planning Board. The applicant
shall file at least 14 days before the date of the monthly meeting of the
Board 15 copies of a sketch plat, 15 copies of application for minor subdivision
approval, 15 copies of application for major subdivision approval or 15 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 15
copies of 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 Secretary of the Planning Board. The Secretary
of the Board shall inform the applicant of the steps to be taken to initiate
applications and of the regular meeting dates of the Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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.
Whenever the Environmental Commission has prepared and submitted 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 information copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.
