A.
There is hereby established, pursuant to P.L. 1975,
c. 291,[1] in the Borough of Northvale 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 Borough other
than a member of the governing body, to be appointed by the Mayor.
[Amended 8-10-1994 by Ord. No. 675-94]
(3)
Class III: a member of the Council, to be appointed
by a majority vote of the Council.
[Amended 8-10-1994 by Ord. No. 675-94]
(4)
Class IV: six other citizens of the Borough, 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.
[Amended 8-10-1994 by Ord. No. 675-94]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Alternate members.
[Added 1-28-1981 by Ord. No. 478; amended 5-14-2003 by Ord. No.
782-2003]
(1)
The governing body of any municipality in which the
Planning Board exercises the powers of the Board of Adjustment pursuant
to Subsection c of § 16 P.L. 1975 c.291 (N.J.S.A. 40:55D-25)
may, by ordinance, provide for the appointment to the Planning Board
of not more than four alternate members, which shall be municipal
residents. The governing body of any municipality with a separate
Planning Board and Board of Adjustment may, by ordinance, provide
for the appointment to the Planning Board of not more than two alternate
members, who shall be municipal residents.
(2)
Alternate members shall be appointed by the appointing
authority for Class IV members, and shall meet the qualifications
of Class IV members of nine member Planning Boards. Alternate members
shall be designated at the time of appointment by the Mayor as "Alternate
No. 1" and "Alternate No. 2" and in the case of a municipality in
which four alternates have been appointed, "Alternate No. 1, "Alternate
No. 2," "Alternate No. 3," and "Alternate No. 4." The terms of 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 any
municipality in which four alternates have been appointed, the term
of not more than two alternate members shall expire in any one year;
and provided further that in no instance shall the terms of the alternate
members first appointed exceed two years. A vacancy occurring otherwise
than by expiration of term shall be filled by the appointing authority
for the unexpired term only.
(3)
No alternate member shall be permitted to act on any
matter in which he has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if he requests one, be removed by the governing body by cause.
(4)
Alternate members may participate in all matters but
may not vote except in the absence or disqualification of a regular
member of any class. Participation of alternate members shall not
be deemed to increase the size of the Planning Board established by
ordinance of the governing body pursuant to § 14 of P.L.
1975 c.291 (N.J.S.A. 40:55D-23). 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.
[Amended 8-10-1994 by Ord. No. 675-94]
A.
The term of the member in Class I shall correspond
with his official tenure. The terms of the members in Class II and
Class III shall be for one year or shall 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 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.
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 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 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 exceed, however, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
The Planning Board is authorized to adopt bylaws
governing its procedural operation. 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 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.
C.
To approve conditional use applications in accordance with the provisions of Chapter 200, 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 projected over a term of six years, and amendments
thereto, and recommended the 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 Mayor and Council pursuant to the provisions of N.J.S.A.
40:55D-26b.
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 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. The developer may elect to
submit a separate application requesting approval of the variance
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
shall be conditioned upon grant of all required subsequent approvals
by the Planning Board.
[Amended 5-14-1980 by Ord. No. 409; 4-10-1985 by Ord. No.
529-85; 4-8-1998 by Ord. No. 726-98]
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.
K.
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.
[Added 4-8-1998 by Ord. No. 726-98]
L.
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 Class III members
shall not participate in the consideration of the applications for
development which involve relief pursuant to Section 57d of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-70d). Alternate members of the Planning Board
shall not take the place of a Class I or Class III members of the
Board when they must step down from consideration.
[Added 4-8-1998 by Ord. No. 726-98]
A.
Determination of completeness.
[Added 4-10-1985 by Ord. No. 529-85]
(1)
"Complete application" means an application form and accompanying maps and documents containing the items of information required in § 159-3 of Chapter 159, Site Plan Review, and Articles IV, V and VI of Chapter 178, Subdivision of Land. Said section and Articles are hereby designated as the checklist for such information and shall be supplied to the applicant in a form such that a check mark can be entered for each item. The applicant may request that one or more of the submission requirements be waived. Nothing in this definition shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for subdivision have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Board.
(2)
The Borough Engineer shall review submissions for
completeness and take action on accepting or rejecting this submission
as a complete application within 45 days of such submission. In the
event that the Borough Engineer does not certify the application to
be complete within 45 days of the date of its submission, the application
shall be deemed complete upon the expiration of the forty-five-day
period for purposes of commencing the applicable time period, unless
the application lacks information indicated on the application checklist
and unless the Borough Engineer has notified the applicant, in writing,
of the deficiencies within the forty-five-day period from the initial
submission. The applicant may request that one or more of the submission
requirements be waived, in which event the Planning Board shall grant
or deny the request within 45 days.
B.
Minor subdivisions and minor site plan approvals.
(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. Except as provided in Subsection B(3) below, approval of a minor subdivision shall expire 190 days from the date on which the Planning Board resolution of approval is adopted, 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 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.[2]
(2)
Minor site plan approval. Minor site plan approval
shall be granted or denied within 45 days of the date of submission
of a complete application to the administrative officer or the Planning
Board, as the case may be, or within such further time as may be consented
to by the applicant. The failure of the Planning Board to act within
the prescribed period shall constitute a granting of the minor site
plan approval. The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted shall not be changed for a period of two years from the
date of such minor site plan approval.
[Added 5-14-1980 by Ord. No. 409]
(3)
The Planning Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed pursuant to 40:55D-47d
if the developer proves to the reasonable satisfaction of the Planning
Board that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities and that the
developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Planning Board. The developer may apply for the extension either
before or after what would otherwise be the expiration date.[3]
(4)
The Planning Board shall grant an extension of minor
subdivision approval for a period determined by the Board but not
exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would
otherwise be the expiration date of minor subdivision approval or
the 91st day after the developer receives the last legally required
approval from other governmental entities, whichever occurs later.[4]
C.
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. In the event
that the application for preliminary major subdivision approval is
found to be incomplete, the developer shall be notified, in writing,
of such deficiencies therein by the Board or the Board's designee
for the determination of completeness within 45 days of submission
of such application or it shall be deemed to be properly submitted.
[Amended 5-14-1980 by Ord. No. 409]
D.
Variances. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 29-7H herein, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this chapter. 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 pursuant to law.
[Amended 4-10-1985 by Ord. No. 529-85]
E.
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. The Planning Board may
extend the ninety-five-day or one-hundred-ninety-day period if the
developer proves to the reasonable satisfaction of the Planning Board
that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities and that the
developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Planning Board. The developer may apply for an extension either
before or after the original expiration date.
[Amended 8-10-1994 by Ord. No. 675-94]
[Amended 5-14-1980 by Ord. No. 409; 8-10-1994 by Ord. No.
675-94]
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 Secretary of the Planning Board.
The applicant shall file at least 14 days before the date of the monthly
meeting of said Board no fewer than 18 copies of its application form,
sketch plat, subdivision and/or site plan maps or any other papers
deemed necessary as the circumstances may provide. At the time of
the filing of the application, but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plat
plans, maps or other papers required by virtue of any provisions of
this chapter or any rule of the Planning Board. The applicant shall
obtain all necessary application forms from the Planning Board Secretary.
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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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.
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.
