This chapter shall be known and may be cited
as the "Land Use Procedures Ordinance of the Borough of Closter."
There is hereby established, pursuant to P.L.
1975, c. 291,[1] in the Borough of Closter a Planning Board of nine members,
consisting of the following four classes:
A.
Class I: the Mayor.
B.
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 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.
C.
Class III: a member of the governing body to be appointed
by it.
D.
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 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 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.
[Amended 4-9-2008 by Ord. No. 2008:1006]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 4-23-1979 by Ord. No. 1979:348; amended 4-21-1980 by Ord. No. 1980:372]
A.
There is hereby established pursuant to N.J.S.A. 40:55D-1
et seq., alternate members for the Borough of Closter Planning Board.
There shall be two alternate members who shall be municipal residents
and who shall be appointed by the appointing authority for Class IV
members and shall meet the qualifications of Class IV members.
[Amended 4-9-2008 by Ord. No. 2008-1006]
B.
The term of office of each of the alternate members
shall be for two years, except that the initial terms of such alternate
members shall be one year and two years, as designated by the appointing
authority. The Mayor shall designate one alternate member as "Alternate
No. 1" and the other alternate member as "Alternate No. 2."
C.
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.
A.
The term of the member composing Class I shall correspond
with his or her 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 shall terminate
at the completion of his or her 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 or she is no longer a member of such other body or at
the completion of his or her 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 term 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 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. All terms shall run from January 1 of the year in which
the appointment was made.
If a vacancy in any class shall occur otherwise
than by expiration of a 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 Municipal
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 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.
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 municipality, including any
areas outside its boundaries which, in the Board's judgment, bear
essential relation to the planning of the municipality, 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 municipality in accordance with the provisions
of said ordinances and the Municipal Land Use Law, P.L. 1975, c. 291,
(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 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 recommend 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 governing body, 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 the Zoning Board of Adjustment,
variances, pursuant to Section 57c of P.L. 1975, c. 291,[3] from lot area, lot dimensional, setback and yard requirements,
provided that such relief from lot area requirements shall not be
granted for more than one lot. 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.
[3]
Editor's Note: See N.J.S.A. 40:55D-70.
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.
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 subdivision. 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 Article I, § 35-9G, of this chapter, the Planning Board shall grant or deny approval of the application within 95 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.
D.
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 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 signing of the plat.
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 the Board 20 copies of a sketch plat, one copy of an application
for minor subdivision approval, one copy of an application for major
subdivision approval or one copy of an 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 the hearing, the applicant shall also file all plot 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 forms from the Secretary of the Planning Board. 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.
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.
