[Ord. No. 3158, 7-26-1988, § 2-16.1]
There is hereby established, pursuant to N.J.S.A. 40:55D-1 et
seq., a Planning Board, which shall consist of nine members and two
alternate members, composed of and appointed as follows:
(a)
Class I: the Mayor.
(b)
Class II: one of the officials of the Township, other than a member
of the Council, to be appointed by the Mayor, provided that, if there
is an Environmental Commission, one member of that Commission shall
also be a member of the Planning Board and shall be deemed to be a
Class II Planning Board member if there are both a member of the Zoning
Board of Adjustment and a member of the Board of Education among the
Class IV members.
(c)
Class III: a member of the Council, to be appointed by the Council.
(d)
Class IV: six other citizens of the Township, to be appointed by
the Council, who 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, shall be deemed
to be a Class IV member unless there are 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.
[Ord. No. 3158, 7-26-1988, § 2-16.2]
(a)
The term of the member composing Class I shall correspond to his
official tenure.
(b)
The terms of the members composing Class II and Class III shall be
for one year or terminate at the completion of the respective terms
of office, whichever first occurs, except for a Class II member who
is also a member of the Environmental Commission. The term of a Class
II or 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 first
occurs.
(c)
The term of a Class IV member who is also a member of the Zoning
Board of Adjustment or 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 first occurs.
(d)
The terms of all Class IV members first appointed under this section
shall be so determined that, to the greatest practicable extent, the
expiration of such term shall be distributed evenly over the first
four years after their appointments, as determined by resolution of
the Council; provided, however, that no term of any member shall exceed
four years. Thereafter, all Class IV members shall be appointed for
terms of four years, except as otherwise hereinabove provided.
[Ord. No. 3158, 7-26-1988, § 2-16.3; amended
by Ord. No. 3174, 10-25-1988, § 1]
Two alternate members shall be appointed by the Council for
Class IV, to serve for a term of two years; provided, however, that
the initial terms of such alternate members shall be of one year and
two years, respectively. Such alternate members shall be designated
by the Council as Alternate No. 1 and Alternate No. 2 and shall serve
during the absence or disqualification of any regular member or members.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. 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.
[Ord. No. 3158, 7-26-1988, § 2-16.4]
If a vacancy in any class shall occur otherwise than by expiration
of term, said vacancy shall be filled by appointment as provided above
for the unexpired term.
[Ord. No. 3158, 7-26-1988, § 216.5; amended
by Ord. No. 3750, 3-18-2003, § 1; at time of adoption
of Code (see Ch. 1, General Provisions, Art. II)]
The Planning Board shall elect a Chairperson and Vice Chairperson
from the members of the Class IV and shall select a Secretary who
may or may not be a member of the Planning Board or a municipal employee
and shall create and fill such other offices as are established by
ordinance, including the office of the Clerk of the Planning Board
hereby created by the Charter, and which Clerk shall be a full-time
or part-time employee of the Township of Teaneck, who, as determined
by the Municipal Manger, shall be assigned as an employee whose sole
duties shall be to act as Clerk of the Planning Board. The Planning
Board may also employ, or contract for, and fix the compensation of
legal counsel, other than the Township Attorney, and experts and other
staff and services as it may deem necessary, not exceeding, exclusive
of gifts or grants, the amount appropriated by the Council for its
use.
[Ord. No. 3158, 7-26-1988, § 2-16.6; amended
by Ord. No. 3174, 10-25-1988, § 2]
The Planning Board shall adopt such rules and regulations as
may be necessary to carry into effect the provisions and purposes
of this article. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of N.J.S.A. 2A:67A-1 et seq.
shall apply. Pursuant to N.J.S.A. 40:55D-25, the Planning Board shall
also have the following powers and duties to:
(a)
Make and adopt and, from time to time, amend a Master Plan for the
use of lands within the Township in a manner which protects the public
health and safety and promotes the general welfare, pursuant to N.J.S.A.
40:55D-28 et seq.
(b)
Administer the provisions of the ordinances of the Township governing
land subdivision and site plan review in accordance with the provisions
of said ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-37
et seq.
(c)
Approve conditional use applications in accordance with the provisions
of N.J.S.A. 40:55D-67.
(d)
Participate in the preparation and review of programs or plans required
by state or federal law or regulation.
(e)
Assemble data on a continuing basis as part of a continuous planning
process.
(f)
Consider and make report to the 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-26(a) and shall also pass upon
other matters specifically referred to the Planning Board by the Council
pursuant to the provisions of N.J.S.A. 40:55D-26(b).
(g)
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, grant variances to the same extent and
subject to the same restrictions as the zoning board of adjustment,
from lot, area, lot dimension, setback and yard requirements, but
only pursuant to N.J.S.A. 40:55D-60. Notice of hearing on the application
for development shall include reference to the request for a variance.
(h)
Perform such other advisory duties as are assigned to it by ordinance
or resolution of the Council for the aid and assistance of the Council
or other agencies or officers.
[Ord. No. 3158, 7-26-1988, § 2-16.7; amended
by Ord. No. 3174, 10-25-1988, § 3]
(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 Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed must
be signed by the Chairperson and the 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. 46:26B-1 et seq.
(b)
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.
(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 § 2-97(g), 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
Final approval. 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.
Final approval of a 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.
[Ord. No. 3158, 7-26-1988, § 2-16.8]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the Township,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development made to
the Planning Board and give the Environmental Commission an opportunity
to comment, in writing, on such applications prior to the Planning
Board taking action on the same. Failure of the Planning Board to
make such informational copy available to the Environmental Commission
or to give such opportunity to the Environmental Commission to comment
shall not invalidate any hearing or proceeding.
