Borough of Riverdale, NJ
Morris County
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Table of Contents
Table of Contents
A. 
There is hereby established, pursuant to P.L. 1975, c. 291[1] in the Borough of Riverdale 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; provided that if any Environmental Commission is established, the 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 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.
(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. 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 is 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.
[1]
Editor's Note: N.J.S.A. 40:55D-23.
B. 
Alternate members may be appointed to the Planning Board for Class IV members and shall meet the qualifications of Class IV members of a nine-member Planning Board. Alternate members shall be designated at the time of their 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 term 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 just appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Alternate members may participate in discussions of the proceedings but may not vote except in the absence 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.
[Added 10-3-1983 by Ord. No. 10-83]
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 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 in which the appointment was made, unless an appointment is made to fill an unexpired term.
If a vacancy in 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 Borough 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. 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 and social development and policy 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.
B. 
To administer the provisions of the Land Subdivision and Site Plan Review Ordinance[1] of the Borough in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: See Ch. 149, Subdivision of Land and Site Plan Review.
C. 
To approve conditional uses in accordance with the provisions of the Zoning Ordinance[2] pursuant to N.J.S.A. 40:55D-67.
[2]
Editor's Note: See Ch. 168, Zoning.
D. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations, including preparation of grant proposals and evaluation thereof.
E. 
To assemble data on a continuing basis as part of a continuous planning process.
F. 
To prepare annually a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
G. 
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.
H. 
Planning Board's powers subject to same restrictions as those of Board of Adjustment.
[Amended 4-1-1985 by Ord. No. 4-85]
(1) 
When reviewing applications for subdivision, site plan or conditional use approvals, but not a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(a) 
Variance pursuant to Subsection 57C of the Act;[3]
[3]
Editor's Note: N.J.S.A. 40:55D-70C.
(b) 
Direction pursuant to Section 25,[4] of the Act for issuance of a permit for a building or a structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to Section 23 of the Act;[5] and
[4]
Editor's Note: N.J.S.A. 40:55D-34.
[5]
Editor's Note: N.J.S.A. 40:55D-32.
(c) 
Direction pursuant to Section 27 of the Act[6] for issuance of a permit for a building or structure not related to a street.
[6]
Editor's Note: N.J.S.A. 40:55D-36.
(2) 
Whenever relief is requested pursuant to the section notice of the application for development reference to a request for a variance, or direction for the issuance of a permit, as the case may be, shall be included.
(3) 
The developer may elect to submit a separate application requesting approval of a variance or direction of the issuance of a permit and a 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 grant of all required subsequent approvals by the Planning Board. No subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and zone plan and Zoning Ordinance.[7]
[7]
Editor's Note: See. Ch. 168, Zoning.
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.
J. 
Whenever the Planning Board shall have adopted any portion of the Master Plan, the governing body or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds, incidental to the location, character or extent of such project, shall refer the action involving such specific project to the Planning Board for review and recommendation in conjunction with such Master Plan and shall not act thereon, without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district or other authority, redevelopment agency, school board or other similar public agency, state, county or municipality. (N.J.S.A. 40:55D-31.)
A. 
Minor subdivision shall be any subdivision of land which does not involve the creation or reassembly of more than three lots; which does not involve planned development; which does not involve any new street; and which does not involve the extension of any off-tract improvements.
B. 
The Planning Board may waive notice and public hearing for an application for development if the Planning Board or Subdivision Committee of the Board find that the application for development conforms to the definition of "minor subdivision" set forth in Subsection A of this section.
C. 
Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 39, 40 and N.J.S.A. 40:55D-53.
A. 
Major subdivision is any subdivision of land which is not classified as a minor subdivision.
B. 
For a major subdivision, the Planning Board shall hold a public hearing with public notice given by publication in the official newspaper of the Borough. In addition, a notice of the hearing shall be given to the owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing and to other persons, organizations, public bodies and agencies, as required by N.J.S.A. 40:55D-12 and in following the procedures set forth in N.J.S.A. 40:55D-12.
C. 
As a condition of subdivision or site plan approval, the approving authority may require the installation and maintenance of on-tract improvements; and the regulations may require a developer to pay his pro rata share of the cost of off-tract improvements in accordance with N.J.S.A. 40:55D-42.
A. 
Minor subdivisions.
(1) 
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. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the municipal agency or its authorized committee or designee as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
[Amended 4-1-1985 by Ord. No. 4-85]
(2) 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
(3) 
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, 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.
(4) 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded.
B. 
Preliminary approval; major subdivisions. Upon submission to the municipal agency or its authorized committee or designee 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.
[Amended 4-1-1985 by Ord. No. 4-85]
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 § 37-7H of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer to the municipal agency or its authorized committee or designee 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.
[Amended 4-1-1985 by Ord. No. 4-85]
D. 
Final subdivision 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.
A. 
Procedure for preliminary site plan approval.
(1) 
The developer shall submit to the municipal agency or its authorized committee or designee a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient. If an application for development is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be properly submitted.
[Amended 4-1-1985 by Ord. No. 4-85]
(2) 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter and the Municipal Land Use Law, grant preliminary site plan approval.
(3) 
Upon the submission to the municipal agency or its authorized committee or designee of a complete application for a site plan for 10 acres of land or less, 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 the submission of a complete application for a site plan of more than 10 acres, 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.
[Amended 4-1-1985 by Ord. No. 4-85]
B. 
Procedure for final site plan approval.
(1) 
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval are met.
(2) 
Final approval shall be granted or denied within 45 days after submission of a complete application to the municipal agency or its authorized committee or designee, 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 final approval 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, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
[Amended 4-1-1985 by Ord. No. 4-85]
The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval shall apply.
Procedure for filing.
A. 
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of P.L 1975, c. 291[1], shall be filed with the Administrative Officer. The applicant shall file at least 14 days before the date of the monthly meeting of the Board two copies of a sketch plat; three copies of applications for minor subdivision approval; six copies of applications for major subdivision approval or eight copies of 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 Administrative Officer. The Administrative Officer 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.
B. 
The applicant shall pay all filing fees established by the governing body.
Approved plats for minor subdivisions, preliminary major subdivisions and final major subdivisions and approved site plans and conditional uses shall be signed by the Planning Board Chairman and Secretary. Approved site plans and conditional uses shall be signed by the Planning Board Chairman and Secretary.
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.
Whenever the Environmental Commission has prepared and submitted to 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 informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
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.