A.
Pursuant
to the provisions of N.J.S.A. 40:55D-2 et seq., the Borough of Westwood
Planning Board shall be comprised of nine members, consisting of the
following four classes:
(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 there is an Environmental Commission, 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 for purposes of this chapter in the event that there be among
the Class IV or alternate members of the Planning Board both a member
of the Zoning Board of Adjustment and a member of the Board of Education.
(3)
Class III: a member of the Borough Council, appointed by the Council.
(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 such member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission. 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 be amongst the Class IV or alternate members both a member of the Zoning Board or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Environmental Commission shall be deemed a Class II member. Two Class IV members shall be appointed as alternates. See § 195-15.
B.
If the
Planning Board lacks a quorum because any of its regular or alternate
members is prohibited by N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1
from acting on a matter due to the member's personal or financial
interests therein, regular members of the Board of Adjustment shall
be called upon to serve, for that matter only, as temporary members
of the Planning Board, in order of seniority of continuous service
to the Board of Adjustment, until there are the minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between regular members of equal seniority,
the Chairman of the Board of Adjustment shall make the choice.[2]
A.
The term of the member composing Class I shall correspond with his
official tenure, or if the member is the Mayor's designee in the absence
of the Mayor, the designee shall serve at the pleasure of the Mayor
during the Mayor's official tenure. The term of the member composing
Class II shall be for one year or shall terminate at the completion
of his first term 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 Class IV member who is also a member of
the Environmental Commission shall be for three years or shall terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever occurs first.[1]
B.
The term of the member composing Class III shall be for one year
or shall terminate at the completion of his term of office, whichever
occurs first.
C.
The term of a Class IV member who is also a member of the 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 occurs first.
D.
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 distributed evenly 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 hereinabove
provided. All terms shall run from January 1 of the year in which
the appointment is made.
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 shall select a Secretary who may
be either a member of the Planning Board or a municipal employee designated
by it.
The Planning Board may employ, or contract for, and fix the
compensation of legal counsel, experts and other staff and services
as it may deem necessary. The Board shall not, however, exceed, exclusive
of 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.
B.
To approve conditional use applications as authorized by state statute.
C.
To administer the provisions of the Land Use and Development Ordinance
of the Borough in accordance with the provisions of this chapter and
the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
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 continuing planning
process.
F.
To review and make recommendations to the Council on the Official
Map of the Borough pursuant to N.J.S.A. 40:55D-32 and N.J.S.A. 40:55D-26.
G.
To annually prepare a program of municipal capital improvement projects
over a term of six years, and amendments thereto, and recommend same
to the Governing Body.
H.
To consider and make reports 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 Borough Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
I.
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 the Zoning Board of Adjustment, a variance
pursuant to N.J.S.A. 40:55D-70c, and to direct the issuance of a permit
for a building or structure either not related to a street (N.J.S.A.
40:55D-36) or in the bed of a mapped street or public drainageway,
flood-control basin or public area reserved on the Official Map (N.J.S.A.
40:55D-32). 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.
J.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Governing Body or other agencies or officers.
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 Chairman 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 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 § 195-10I, the Planning Board shall grant or deny approval of the application within 95 days after the 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. 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.
E.
Variances.
(1)
In all cases where variances are granted from this chapter for one-family
dwellings, the successful applicant shall be required to make application
for a building permit in conformity with the terms of the variance
as granted within six months from the effective date of the grant
of the variance. The applicant shall be required to complete construction
of the dwelling within one year following issuance of the building
permit. The approving board may extend the six-month provision referenced
above, for good cause shown, for additional periods of one year each,
provided that in no event shall said extensions be renewed beyond
a period of three years in the aggregate.
(2)
In cases involving nonresidential uses and multifamily residential development, the applicant is required to make application for a building permit in conformity with the terms of the variance as granted within one year from the effective date of the approving authority's approval. The applicant shall be required to complete construction of the building(s) within one year following the issuance of the building permit. Extensions shall be permitted as provided for in Subsection E(1) above.
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 45 days before the date of the meeting
of the Board, one copy of an application and one plan. This initial
submittal will be reviewed and returned to the applicant with notations
and/or suggestions for the applicant to prepare the final application.
Within 15 days of the scheduled meeting, the applicant shall submit
16 copies of an application, 16 plans, and reports associated with
the application. The applicant shall obtain all necessary forms from
the Secretary of the Planning Board. The submission of an application
for either preliminary or final approval shall be accompanied by a
completed application form and the appropriate completed checklist
as adopted as part of this chapter. (See Appendix A.[2]) 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.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
Whenever the Environmental Commission (if any Environmental
Commission exists[1]) 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 a 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.
A.
There shall be two alternate members of the Planning Board appointed
by the Mayor and meeting the qualifications of Class IV members of
nine-member Planning Boards. The alternate members shall be designated
at the time of 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 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
the alternate members first appointed exceed two years. Notwithstanding
the aforesaid, the initial terms of the members shall be arranged
so as to accomplish the intent of this section. A vacancy occurring
otherwise than by expiration of term shall be filled by the Mayor
for the unexpired term only.
B.
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 Borough Council for cause.
C.
The alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification 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.
