A.
There is hereby established pursuant to c. 291, P.L.
1975 (N.J.S.A. 40:55D-1 et seq.), in the City of Garfield, 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 municipality
other than a member of the governing body, to be appointed by the
Mayor.
(3)
Class III: a member of the governing body, to be appointed
by it.
(4)
Class IV: six other citizens of the municipality,
to be appointed by the Mayor.
B.
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.
C.
Alternate members.
[Added 8-19-1980 by Ord. No. 1731]
(1)
There is hereby established and created alternate
members in Class II, Class III and Class IV.
(2)
There shall be one alternate member in Class II; one
alternate member in Class III; and two alternate members in Class
IV.
(3)
Alternate members of Class II and Class III shall
be appointed for terms to expire at the same time as the terms of
the regular members of their respective classes.
(4)
Alternate members of Class IV shall serve for terms
of two years. However, the initial terms of such two members shall
be one and two years, respectively. Such alternate members shall be
designated by the Chairman as "Alternate No. 1" and "Alternate No.
2." They shall serve in rotation during the absence or disqualification
of any regular member or members of Class IV.
(5)
Alternate members of each Class shall be appointed
by the same appointing authority as regular members of that class.
If the Planning Board lacks a quorum because
any of its regular or alternate members is prohibited pursaunt to
N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1 from acting on a matter
due to the member's personal or financial interests therein, regular
members of the Board of Adjustment shall be called upon to serve,
for that matter only, as temporary members of the Planning Board in
order of seniority of continuous service to the Board of Adjustment
until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between regular members of equal seniority, the Chair of the
Board of Adjustment shall make the choice.
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.
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 terms shall be evenly distributed
over the first four years after their appointment as determined by
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.
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 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 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.
C.
To approve conditional use applications in accordance with the provisions of Chapter 341, 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 over a term of six years, and amendments thereto,
and recommend 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-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(c).
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:
[Amended 5-20-1980 by Ord. No. 1723]
(1)
Variances pursuant to Subsection 57c of Chapter 291,
P.L. 1975 [N.J.S.A. 40:55D-70(c)], from lot areas, lot dimensional
setback and yard requirements; provided that such relief from lot
area requirements shall not be granted for more than one lot.
(2)
Directions, pursuant to Section 25 of said Act (N.J.S.A.
40:55D-34) for issuance of permit for building or structure in the
bed of a mapped street or public drainageway, flood control basin
or public area reserved pursuant to Section 23 of said Act (N.J.S.A.
40:55D-32).
(3)
Direction, pursuant to Section 27 of said Act (N.J.S.A.
40:55D-36), for issuance of a permit for a building or structure not
related to a street.
|
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.
|
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.
A.
Minor subdivision. Minor subdivision approvals shall
be granted or denied within 45 days of the date of submission of a
complete application to the Planning Board or within such further
time as may be consented to by the applicant. Approval of a minor
subdivision shall expire 190 days from the date of Planning Board
approval unless within such period a plat in conformity with such
approval and the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9
et seq.), or a deed clearly describing the approved minor subdivision,
is filed by the developer with the county recording officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed must
be signed by the Chairman and Secretary of the Planning Board before
it will be accepted for filing by the county recording officer.
B.
Preliminary approval of major subdivision. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the
Planning Board shall grant or deny preliminary approval within 45
days of the date of such submission or within such further time as
may be consented to by the developer. Upon submission of a complete
application for a subdivision of more than 10 lots, the Planning Board
shall grant or deny preliminary approval within 95 days of the date
of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval for the subdivision.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, § 188-8H, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
D.
Final approval.
(1)
Application for final subdivision approval shall be
granted or denied within 45 days of submission of a complete application
or within such further time as may be consented to by the applicant.
(2)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the county
recording officer. The Planning Board may, for good cause shown, extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat.
Applications for development within the jurisdiction
of the Planning Board pursuant to the provisions of P.L. 1975, c.
291 (N.J.S.A. 40:55D-1 et seq.) shall be filed with the Secretary
of the Planning Board. Applicant shall file at least 14 days before
the date of the monthly meeting of the Board three copies of a sketch
plat, three copies of an application for minor subdivision approval,
three copies of an application for major subdivision approval or three
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 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.
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.
