City of Hoboken, NJ Article I Planning Board

§ 44-101 Establishment; composition.

A. Members. There is hereby established a Planning Board of the City of Hoboken, of nine regular members, in accordance with the provisions of N.J.S.A. 40:55D-23, positions specified as follows:

(1) One Class I member: the Mayor or the Mayor's designee in the absence of the Mayor;

(2) One Class II member: an official of the municipality, other than a member of the governing body, to be appointed by the Mayor;

(3) One Class III member: a member of the governing body to be appointed by it; and

(4) Six Class IV members: citizens of the municipality to be appointed by the Mayor.

B. Alternate members.

(1) Two alternate members, who meet the qualifications of Class IV members, shall be appointed by the Mayor. Such alternate members shall be designated, at the time of appointment, as Alternate No. 1 and Alternate No. 2.

(2) 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.

C. Substitute members. If the Planning Board lacks a quorum because regular or alternate members are prohibited from acting on a matter because those members have a personal or financial interest therein, regular members of the Zoning Board of Adjustment shall be called upon to serve as substitute members in accordance with N.J.S.A. 40:55D-23.2.

D. Class IV members shall hold no other municipal office, position or employment.

§ 44-102 Terms of office.

A. The term of the Class I member shall coincide with the term of the Mayor, except that if the Mayor appoints a designee as the Class I member, the designee shall serve at the pleasure of the Mayor.

B. The terms of the Class II and Class III members shall be for one year or shall terminate at the completion of their respective terms of office, 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 distributed evenly over the first four years after their appointments, 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 term of any present member 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.

D. The terms of the alternate members shall be for two years. Expirations of alternate terms shall be distributed such that not more than one alternate member shall expire in any one year.

§ 44-103 Vacancies.

If a vacancy of any class shall occur, other than by expiration of term, the unexpired portion of that term shall be filled by appointment as provided above.

§ 44-104 Organization.

A. The Planning Board shall elect a Chair and Vice Chair from the members of Class IV in accordance with N.J.S.A. 40:55D-24.

B. The Planning Board shall select a secretary who may be either a member or alternate member of the Planning Board or a municipal employee designated by it.

C. There is hereby created the position 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 Municipal Attorney. To be eligible for Planning Board Attorney, he/she shall be licensed in the State of New Jersey and in good standing.

D. The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use unless a court of competent jurisdiction finds the appropriation to be unreasonable.

E. The Planning Board Chair shall appoint four regular members of the Planning Board to a Subdivision and Site Plan Review Committee (SSPR Committee). The SSPR Committee shall operate in the following manner and have the following powers and duties:

(1) To review all applications submitted to the Planning Board prior to a formal hearing thereon.

(2) To grant informal review of a concept plan for which the developer intends to prepare or submit an application for development.

(a) The fee charged for such concept plan review shall be the same as that charged on the application for development, except that such fee shall be a credit toward the subsequent application fee.

(b) Neither the developer nor the SSRP Committee shall be bound by any concept plan review.

(3) In the case of minor subdivision applications, the SSRP Committee may approve the same by unanimous vote of all four Committee members in accordance with this chapter.

(4) In the case of major subdivision and site plan applications, the SSRP Committee shall submit a written report to the entire Planning Board prior to the formal hearing thereon.

(5) The SSRP Committee shall keep minutes of all of its meetings and shall not consider any application unless it has been formally filed with the Secretary of the Planning Board.

(6) Three members of the SSRP Committee shall constitute a quorum.

§ 44-105 Powers and duties.

The Planning Board, in accordance with N.J.S.A. 40:55D-25, shall have the following powers and duties:

A. To prepare and, after public hearing, adopt or amend a Master Plan or component parts thereof, to guide the use of lands within the municipality in a manner which protects public health and safety and promotes the general welfare in accordance with the provisions of N.J.S.A. 40:55D-28.

B. To reexamine, at least every 10 years, the Master Plan and development regulations; prepare and adopt by resolution, to the governing body, a report on the findings of such reexamination in accordance with N.J.S.A. 40:55D-89, and any necessary amendments resulting therefrom.

C. To review and approve preliminary and final subdivision applications, in accordance with Chapter 34, Subdivision of Land, of the Code of the City of Hoboken, and attach reasonable conditions to the approval thereof.

D. To review and approve preliminary and final site plan applications, in accordance with this chapter and with Chapter 196, Zoning, of the Code of the City of Hoboken, and attach reasonable conditions to the approval thereof.

E. To review and approve conditional use applications, in accordance with Chapter 196, Zoning, of the Code of the City of Hoboken, and attach reasonable conditions to the approval thereof. In cases where a "d" variance is sought, the application for conditional use will be heard by the Zoning Board of Adjustment.

F. To participate in the preparation and review of programs or plans required by state or federal law or regulations.

G. To assemble data on a continuing basis as part of a continuous planning process.

H. To prepare annually a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend the same to the governing body.

I. 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 to review other matters specifically referred to the Planning Board by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.

J. Granting of relief; variances; direction for issuance of certain permits.

(1) 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) Variances pursuant to N.J.S.A. 4:55D-70c.

(b) Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.

(c) Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

(2) Whenever relief is requested pursuant to this subsection, notice of the 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.

(3) The developer may elect to submit a separate application requesting approval of the 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 the granting of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zoning Map and Chapter 196, Zoning.

K. To require a developer, as a condition of subdivision or site plan approval, to execute a developer's agreement, post performance and/or maintenance guarantees, and/or pay pro rata cost for off-tract improvements as permitted by law. Off-tract improvements shall include but not be limited to street improvements, improvements to water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development but which are otherwise necessitated or required by construction or improvements within such subdivision or development. Regulations shall be based on circulation and comprehensive utility service plans in accordance with the Master Plan, and shall establish fair and reasonable standards to determine the pro rata amount of the cost of such facilities. Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

L. To grant exceptions from this chapter and the requirements of subdivision and site plan approval pursuant to N.J.S.A. 40:55D-25(6) and 40:55D-51.

M. To issue subdivision certificates pursuant to N.J.S.A. 40:55D-56.

N. To perform such 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.

O. To issue subpoenas, administer oaths and take testimony in accordance with the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.)

P. To perform such other duties as may be provided by law.

§ 44-106 Application; procedure; concept plan review.

A. Applications for development within the jurisdiction of the Planning Board shall be filed with the Secretary of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Planning Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Planning Board and of the SSPR Committee.

B. Within 45 days of the date of submission, the Secretary of the Planning Board shall certify an application as complete, with the concurrence of the SSPR, and in consultation with any applicable municipal commissions and administrators, only if the application, checklist, all documents required by the checklist, application fee, and escrow fees have been received. If the application lacks required information , documents, or fees, or requires referral pursuant to § 44-304, the applicant shall be so notified, in writing, of the deficiency, and the application shall be deemed incomplete. In the event that an application is not certified as either complete or incomplete within 45 days of it s submission , it shall be, by default, considered complete for the purpose of commencing the applicable time of decision action by the Planning Board.

[Amended 3-18-2015 by Ord. No. Z-338]

C. The Planning Board, at its discretion, may require any of the following: correction of any information found to be in error; submission of additional information not specified in this chapter; or revisions to the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met.

D. At the request of the developer, the SSPR Committee of the Planning Board shall grant an informal review of a concept plan for which the developer intends to prepare and submit and application for development. The developer shall not be bound by any concept plan for which review is granted, and the Planning Board shall not be bound by any such review.

§ 44-107 Time of decision.

A. Upon certification that an application is complete by the Planning Board Secretary, with the concurrence of the SSPR and in consultation with any applicable municipal commissions and administrators, the Planning Board shall then have:

[Amended 3-18-2015 by Ord. No. Z-338]

(1) Forty-five days within which to act on an application for subdivision of 10 or fewer lots (N.J.S.A. 40:55D-48);

(2) Ninety-five days within which to act on an application for subdivision of more than 10 lots (N.J.S.A. 40:55D-48);

(3) Forty-five days for approval of a minor site plan or minor subdivision (N.J.S.A. 40:55D-46.2 and 40:55D-47, respectively);

(4) Forty-five days for approval of a site plan which involves 10 or fewer dwelling units (N.J.S.A. 40:55D-46);

(5) Ninety-five days for approval of a site plan which involves more than 10 dwelling units (N.J.S.A. 40:55D-46);

(6) Ninety-five days for approval of a conditional use (N.J.S.A. 40:55D-61); and

(7) One hundred twenty days for approval of a "c" variance or for direction for issuance of a permit pursuant to § 44-105J (N.J.S.A. 40:55D-61).

B. Where an application is made simultaneously for site plan or subdivision or conditional use and for a "c" variance or direction for the issuance of a permit, the Planning Board shall grant or deny approval of the application within 120 days. In the event that the developer elects to submit separate consecutive applications, the one-hundred-twenty-day period shall apply only to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying subsequent approvals shall be as indicated above.

C. Minor site plan approval shall be deemed to be final approval of the site plan, provided site plan improvements and conditions set forth in Chapter 196, Zoning, and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) shall be met.

D. The time of decision may be extended only by consent of the applicant. Consent shall be made on the record at a hearing or in writing. Extensions on the time of decision may be granted for no more than one year from the date of the original time of decision deadline, at which time the application shall be acted upon or dismissed without prejudice.

E. Applications that have been deemed complete shall be scheduled for a hearing before the Planning Board within the time of action stated above. If the applicant fails to appear when scheduled and the time of decision will expire prior to the next regularly scheduled meeting of the Planning Board, the application shall be dismissed without prejudice.

F. Failure of the Planning Board to act within the period prescribed shall constitute approval of the given application. At the request of the applicant, the Secretary of the Planning Board shall so certify that the Planning Board failed to act and that the application is therefore approved. Said certification shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.

G. Approval of a minor subdivision shall expire 190 days from the date on which the resolution of approval is adopted 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 et seq., 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 Chair and Secretary of the Planning Board. The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed 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.

H. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the Chair and Secretary of the Planning Board 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 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 the extension either before or after what would otherwise be the expiration date.

§ 44-108 Advisory Committee.

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 Planning Board. Such person or persons shall serve at the pleasure of the Mayor.