Borough of Glen Rock, NJ Article II Planning Board

§ 23-2 Board established; composition.

[Amended 1-26-1987 by Ord. No. 1079]

There is hereby established pursuant to N.J.S.A. 40:55D-1 et seq. a Planning Board of seven members consisting of the following four classes:

A. Class I. The Mayor.

B. Class II. One of the officials of the Borough, other than a member of the Borough Council, to be appointed by the Mayor.

C. Class III. A member of the Borough Council, to be appointed by it.

D. Class IV. Four other citizens of the Borough, to be appointed by the Mayor. The members or alternate members of Class IV shall hold no other Borough office, position or employment.

[Amended 9-28-1997 by Ord. No. 1291]

§ 23-3 Terms of office; alternate members.

[Amended 2-8-1982 by Ord. No. 962]

A. The term of the member composing Class I shall correspond with his or her 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 terms of all Class IV members, excepting alternate members as hereinafter provided, first appointed pursuant to this chapter, shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment as determined by resolution of the Borough Council; 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 terms for which they were appointed. Thereafter, all Class IV members excepting alternate members as hereinafter provided shall be appointed for terms of four years, except as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made.

C. There shall also be appointed by the Mayor two alternate members for Class IV members who shall meet the qualifications of Class IV members of nine-member planning boards. The alternate members shall be designated at the time of appointment 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 alternate members first appointed exceed two years.

§ 23-4 Vacancies.

If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as provided in § 23-3 for the unexpired term.

§ 23-5 Organization.

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 Borough employee designated by it.

§ 23-6 Planning Board Attorney.

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 Borough Attorney.

§ 23-7 Experts and staff.

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 Borough Council for its use.

§ 23-8 Powers and duties.

[Amended 1-26-1987 by Ord. No. 1079]

A. The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:

(1) 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.

(2) To administer the provisions of Chapter 192, Subdivision of Land, and Chapter 192, Subdivision of Land, of the Borough in accordance with the provisions of such ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.

(3) To approve conditional use applications in accordance with the provisions of Chapter 230, Zoning, pursuant to N.J.S.A. 40:55D-67.

[Added 9-28-1997 by Ord. No. 1291]

(4) To participate in the preparation and review of programs or plans required by state or federal law or regulations.

(5) To assemble data on a continuing basis as part of a continuous planning process.

(6) When authorized by the Borough Council, from time to time, to prepare a program of Borough capital improvement projects projected over a period of six years, and amendments thereto, and recommend such to the Borough Council.

(7) To consider and make report to the Borough Council 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 Borough Council pursuant to the provisions of N.J.S.A. 40:55D-26b.

(8) Whenever a proposed development requires the approval pursuant to the Code of the Borough of Glen Rock of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, variances pursuant to N.J.S.A. 40:55D-70c.

(9) To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other agencies or officers.

B. The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon the grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent or purpose of the zone plan and Chapter 230, Zoning.

§ 23-9 Major and minor subdivision approvals; variances.

A. Minor subdivisions. 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[1] or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed shall be signed by the Chairperson and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.

[1] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

B. Preliminary approval; major subdivisions. 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 § 23-8H, the Planning Board shall grant or deny approval of the application within 120 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; major subdivision.

(1) Application. Application for final subdivision approval shall be granted or denied within 45 days of the submission of a complete application or within such further time as may be consented to by the applicant.

(2) Expiration of final approval. 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.

E. The time limits for filing as prescribed in this section may be extended by the Planning Board in accordance with N.J.S.A. 40:55D-47 and 40:55D-49, under the conditions prescribed by the Municipal Land Use Law.

[Added 9-28-1997 by Ord. No. 1291]

§ 23-10 Applications; procedure for filing.

A. 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 Secretary of the Planning Board. The applicant shall file at least 10 days before the date of the monthly meeting of the Board:

(1) Three copies of a sketch plan.

(2) Three copies of applications for minor subdivision approval.

(3) Three copies of applications for major subdivision.

(4) Three copies of an application for site plan review, conditional use approval or planned development.

B. At the time of filing the application, but in no event less than 10 days prior to the date set for the 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.

§ 23-11 Advisory Committee.

The Mayor may appoint one or more persons as a Citizen 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.

§ 23-12 Rules and regulations.

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.