There is hereby established pursuant to c. 291, P.L. 1975, in the City of Hackensack, a Planning Board of nine members consisting of the following four classes:
Class I: the Mayor.
Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor.
Class III: a member of the governing body, to be appointed by it.
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 member may be a member of the Board of Education.
In addition to the nine regular members of the Planning Board, the Board shall also consist of alternate members in Classes II, III and IV. Such alternate members shall not exceed one in Class II, one in Class III and two in Class IV. Alternate members of Classes II and III shall be appointed for terms to expire at the same time as the terms of regular members of their respective classes. 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 as "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 of each class shall be appointed by the same appointing authority as regular members of their class.
[Added 10-16-1978 by Ord. No. 45-78]
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.
The term of the 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.
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 terms of any present members 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 shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year for which the appointment is to commence.
[Amended 3-6-1978 by Ord. No. 7-78]
If any 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 and 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 the services of experts and other staff and services as it may deem necessary. The Board shall not exceed, however, 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:
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.
To administer the provisions of the Land Subdivision Ordinance of the municipality in accordance with the provisions of said ordinance and the Municipal Land Use Law, c. 291, P.L. 1975 (N.J.S.A. 40:55D-1 et seq.).
To approve conditional use applications in accordance with the provisions of the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.
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.
To annually review a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
To consider and make a 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.
When reviewing applications for approval of subdivision plats and conditional uses, 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. 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.
[Amended 11-19-1984 by Ord. No. 26-84]
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.
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application, as defined in § 26-9B, 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 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.
[Amended 11-19-1984 by Ord. No. 26-84]
Preliminary approval of 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.
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 1, § 26-7H, of this chapter, 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.
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.
Final approval of the major subdivision shall expire 95 days from the date of the 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 the signing of the plat.
[Amended 11-19-1984 by Ord. No. 26-84]
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of P.L. 1975, c. 291, 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, one copy of a sketch plat, one copy of an application for minor subdivision approval, one copy of an application for major subdivision approval or one copy of an application for 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. A completed application shall be as defined in § 26-9B. 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.
A completed application filed with the Planning Board shall consist of the following items:
A completed application form.
The fee required for specific application.
If application for subdivision or conditional use, the original and 20 copies of the proposed subdivision plat or site plan.
A completed Board of Adjustment variance application form must be submitted if the applicant seeks a variance.
A completed application and all requirements of this checklist fulfilled and received by the Planning Board no later than 12:00 noon on the 15th of the month, except where provided otherwise, prior to the meeting date on which the applicant wants the application listed.
Notice as set forth in Subsection B(1)(f) shall be required as follows:
Notice of hearing served on all property owners within 200 feet of the premises within 10 days before the hearing date. This is done in accordance with the instruction sheet given to the applicant.
Signed and dated affidavit of service, together with all certified slips and any signatures obtained, indicating that notice of hearing has been sent to all necessary parties filed with the administrative officer not later than 48 hours prior to the hearing date.
All requirements of the New Jersey Statutes must be complied with, including notice to the proper state and county agencies.
Any corporation applying to the Planning Board must be represented by counsel at the public hearing of the application.
Every application must be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the subject property of the application. If taxes or assessments are delinquent, any relief granted shall be conditioned on prompt payment of the taxes or assessments or the making of adequate provision for the payment thereof in such manner that the City will be protected.
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.