There is hereby established a Planning Board of nine members consisting of the following four classes:
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.
[Amended 5-13-1997by Ord. No. 97-8]
C. 
Class III. A member of the Borough Council 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 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 law shall be a Class IV member.
[Amended 5-13-1997by Ord. No. 97-8]
A. 
The term of the Class I member shall correspond with his or her official tenure.
B. 
The terms of Class II and Class III members shall be for one year or shall 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 shall terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever occurs first.
D. 
The term of a Class IV member who is also a member of the Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first.[1]
[Amended 5-13-1997by Ord. No. 97-8]
[1]
Original Subsection (e), which immediately followed this subsection, was deleted 5-13-1997 by Ord. No. 97-8.
E. 
The term of the first Class IV member shall be for four years.
[Amended 5-13-1997by Ord. No. 97-8]
F. 
All terms shall commence on January 1 of the year in which the appointment is made.
G. 
Alternate members.
(1) 
The Mayor shall appoint two alternate members of the Planning Board who shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years.
[Amended 5-13-1997by Ord. No. 97-8]
(2) 
No alternate member shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the governing body for cause.
(3) 
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
(4) 
Alternate members shall be required to meet the certification standards of § 310-31E. In all matters before the Board, the alternate members, when qualified to vote in the place of a regular member, shall be required to meet the same standards as a regular member of the Board.
Vacancies occurrence otherwise than by expiration of term, in any class, shall be filled for the unexpired term only. Such appointments shall be made in the same manner as full term appointments are made.
The Planning Board shall elect a Chairperson and Vice Chairperson 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 and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures that exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
[Amended 2-13-1980 by Ord. No. 80-1; 11-12-1996 by Ord. No. 96-12[1]]
A. 
The Planning Board shall have all of the powers and duties listed and enumerated in the Municipal Land Use Law.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
In addition, upon the request of the Mayor and Council, the Planning Board shall make written recommendation on any matter which is referred to it for consideration.
C. 
In addition, the Planning Board shall exercise, to the same extent and subject to the same restrictions, all the powers and duties of a Board of Adjustment listed and enumerated in the Municipal Land Use Law; provided, however, that the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70d).
[1]
Editor's Note: Section 5 of this ordinance also provided as follows: "This ordinance shall take effect immediately upon final passage and publication as required by law and upon filing with the Planning Board of the County of Bergen; provided, however, that with respect to any application for development or other application which has been filed with the Board of Adjustment prior to the effective date of this ordinance and for which public notice of a hearing before the Board of Adjustment has previously been given or for which a hearing has already commenced, the Board of Adjustment shall retain jurisdiction of such application and shall continue to exist with respect to such application until final decision is rendered thereon. All applications for developments and other applications of the Municipal Land Use Law filed on or after the effective date hereof, or any application before the Board of Adjustment for which public notice has not been given or a hearing held thereon prior to the effective date hereof shall be referred to the Planning Board."
The Board shall adopt bylaws governing procedures, together with such rules and regulations not inconsistent with this chapter as may be necessary to carry into effect the provisions and purposes of this chapter.[1]
[1]
Editor's Note: Original Chapter 2, Board of Adjustment, which immediately followed this section, was deleted 11-12-1996 by Ord. No. 96-12. Section 5 of Ord. No. 96-12 also provided as follows: "This ordinance shall take effect immediately upon final passage and publication as required by law and upon filing with the Planning Board of the County of Bergen; provided, however, that with respect to any application for development or other application which has been filed with the Board of Adjustment prior to the effective date of this ordinance and for which public notice of a hearing before the Board of Adjustment has previously been given or for which a hearing has already commenced, the Board of Adjustment shall retain jurisdiction of such application and shall continue to exist with respect to such application until final decision is rendered thereon. All applications for developments and other applications of the Municipal Land Use Law filed on or after the effective date hereof, or any application before the Board of Adjustment for which public notice has not been given or a hearing held thereon prior to the effective date hereof shall be referred to the Planning Board."
A. 
For purposes of administration and enforcement of this chapter, the following offices are hereby created and the persons appointed thereto are hereby designated as Administrative Officers:
(1) 
The Land Use Officer.
(2) 
The Planning Board Secretary.[1]
[1]
Editor's Note: Original Section 2.201(c), Board of Adjustment Secretary, which immediately followed this subsection, was deleted 5-13-1997 by Ord. No. 97-8.
B. 
Each such officer shall have the powers and duties hereinafter set forth in this Article.
C. 
The Land Use Officer shall be appointed by the Mayor with the advice and consent of the Council, for a term of one year.
D. 
The Planning Board Secretary shall be appointed by the respective Board as hereinbefore provided.
[Amended 5-13-1997by Ord. No. 97-8]
E. 
Nothing herein shall prevent the appointment of one person to one or more of the aforesaid offices.
The Land Use Officer shall:
A. 
Issue any and all zoning permits and certificates of use and occupancy or conditional use permits required by this chapter if, as and when the prerequisites set forth in this chapter for the issuance of such permits and certificates have been met.
B. 
Enforce all provisions of this chapter.
For all development applications addressed to the Planning Board, the Planning Board Secretary shall:
A. 
Receive and file such applications.
B. 
Make and certify a list from the current tax duplicates of the names and addresses of the persons to whom the applicant is required to give notice pursuant to this chapter.
C. 
Keep and file the minutes and resolutions of the Planning Board.
D. 
Mail decisions of the Planning Board to the persons entitled by this chapter to receive such decisions.
E. 
Arrange for publication of the decisions of the Planning Board.
F. 
Issue a certificate as to approval of subdivision of land within 15 days after receipt of a written application therefor containing a diagram showing the location of the land to be covered by the certificate and the name of the owner thereof and accompanied by the requisite fee.
G. 
Perform such other clerical duties as the Planning Board shall direct.
[1]
Editor's Note: Former § 310-17, Board of Adjustment Secretary (original Section 2.204), was deleted 5-13-1997 by Ord. No. 97-8.
Whenever any of the administrative officers shall require assistance for the performance of his or her duties or whenever he or she shall be absent or unable to act, the municipal agency hereinbefore authorized to appoint him or her shall have the power to designate and appoint a deputy, and such deputy, for and during the period specified by the appointing municipal agency, shall have all the powers, authority and duties of the administrative officer whose deputy he or she has been named.