[Amended 8-10-1987 by Ord. No. 1333; 5-24-2010 by Ord. No. 2129; 1-24-2011 by Ord. No. 2158]
A.
There is hereby established in the Borough of Ridgefield pursuant
to N.J.S.A. 40:55D-25c, as amended, a Planning Board of nine members,
which Board shall have the combined powers and duties of a municipal
planning board and zoning board of adjustment, and consist of four
classes of members as delineated below:
(1)
Class I: the Mayor or the Mayor's designee in the absence of 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, 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 Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be deemed
to be the Class II Planning Board member if there is among the Class
IV or alternate members of the Planning Board a member of the Board
of Education.
(3)
Class III: a member of the governing body to be appointed by it.
(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,
position or employment, except that in the case of nine-member boards,
one such member may be a member of the Historic Commission. No member
of the Board of Education may be a Class IV member of the Planning
Board, except that in the case of a nine-member board, one Class IV
member may be a member of the Board of Education.
B.
There are hereby established pursuant to N.J.S.A. 40:55D-23.1, four
alternate members of the Planning Board. Alternate members shall be
appointed by the Mayor and shall meet qualifications of Class IV members.
Alternate members shall be designated at the time of appointment by
the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No.
3" and "Alternate No. 4." The terms of the alternate members shall
be such that the term of not more than two alternate members shall
expire in any one year; provided, however, 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 Mayor for the unexpired term only.
C.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence of 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. If a second alternate member is to vote, then Alternate
No. 2 shall vote. If a third alternate member is to vote, then Alternate
No. 3 shall vote and if a fourth alternate member is to vote, then
Alternate No. 4 shall vote.
[Amended 1-24-2011 by Ord. No. 2158]
A.
The term of the member composing Class I shall correspond to the
Mayor's 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 term.
B.
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 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 occurs
first.
C.
The term of a Class IV member who is also a member of 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. The terms all Class IV members first appointed 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; provided that the initial Class IV term
of no member shall exceed four years. Thereafter, the Class IV term
of each such member shall be four years.
[Amended 1-24-2011 by Ord. No. 2158]
A.
If a vacancy in any class shall occur otherwise than by expiration
of the Planning Board term, it shall be filled by appointment, as
above provided, for the unexpired term.
B.
No member of the Planning Board shall be permitted to act on any
matter in which he or she has, either directly or indirectly, any
personal or financial interest.
C.
Any member other than a Class I member, after a public hearing if
he or she request one, may be removed by the governing body for cause.
[Amended 1-24-2011 by Ord. No. 2158]
A.
The Planning Board shall elect a Chairman and Vice Chairman from
the members of Class IV, and select a Secretary, who may or may not
be a member of the Planning Board or a municipal employee.
B.
The Chairman of the Planning Board may appoint a Site Plan and Subdivision
Review Committee for the purpose of reviewing all applications for
preliminary subdivision and site plan approvals and all applications
for approval of use variances submitted in relation to applications
for preliminary subdivision and site plan approval, making reports
and recommendations to the Planning Board, and performing such other
duties as may be conferred upon it by the Board. The Committee's membership
shall be composed of members of the Planning Board, designated professional
employees of the Borough, Planning Board consultants, and/or representatives
of such other agencies as shall be designated by the Board.
[Amended 1-24-2011 by Ord. No. 2158]
The Planning Board may employ or contract for and fix compensation
of a Planning Board Attorney and experts, staff personnel and other
services as it may deem necessary, the amount appropriated by the
governing body for its use.
[Amended 1-24-2011 by Ord. No. 2158]
The Planning Board is authorized to adopt bylaws governing its
procedural operation, and in accordance with provisions of N.J.S.A.
40:55D-1 et seq., it shall also have the following powers and duties
of a Planning Board:
A.
To prepare and, after public hearing, adopt or amend a Master Plan
or component parts thereof, to guide the use lands within the Borough
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 administer provisions of all development regulations of the municipality,
including subdivision control and site plan review, in accordance
with the provisions of said regulations and the Municipal Land Use
Law of 1975, N.J.S.A. 40:55D-1 et seq., as amended.
C.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses:
(1)
To grant:
(a)
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
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
(b)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of permit
for a building or structure not related to a street.
(2)
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.
D.
To participate in the preparation and review of programs or plans
required by state or federal law or regulation.
E.
To assemble data on a continuing basis as part of a continuing 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
same to the governing body.
G.
Pursuant to N.J.S.A. 40:55D-25(c), the Planning Board shall exercise,
to the same extent and subject to the same restriction, all powers
of a Zoning Board of Adjustment, including but not limited to those
powers and duties prescribed by law to a Board of Adjustment pursuant
to N.J.S.A. 40:55D-70 and N.J.S.A. 40:55D-776. In exercising the powers
of the Board of Adjustment, the Class I and Class III members of the
Planning Board shall not participate in the consideration of applications
for development which involve relief pursuant to Subsection d of Section
57 of P.L. 19775, c. 291 (N.J.S.A. 40:55D-70, as amended), including:
(1)
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative officer based on or made in the enforcement of
the Zoning Ordinance.
(2)
Hear and decide requests for interpretation of the Zoning Map or
Ordinance or for decision upon other special questions upon which
such Board is authorized to pass by any Zoning or Official Map Ordinance,
in accordance with N.J.S.A. 40:55D-1 et seq., as amended, or any other
development regulation.
(3)
Grant variance from regulations:
(a)
Where by reason of exception narrowness, shallowness or shape
of a specific piece of property, or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon the developer of such property,
grant, upon application or an appeal relating to such property, a
variance from such strict application of such regulation so as to
relieve such difficulties and hardship;
(b)
Where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from said regulations; provided, however, that no variance from those departures enumerated in Subsection D of this section shall be granted under this subsection; and
(4)
In particular cases for special reasons, grant a variance to allow
departure from this chapter to permit:
(a)
A use or principal structure in a district restricted against
such use or principal structure;
(b)
An expansion of a nonconforming use;
(c)
Deviation from a specification or standard pursuant to N.J.S.A.
40:55D-67 pertaining solely to a conditional use;
(d)
An increase in the permitted floor area ratio as defined in
N.J.S.A. 40:55D-4;
(e)
An increase in the permitted density as defined in this chapter,
except as applied to the required lot area for a lot or lots for detached
one- or two-dwelling-unit buildings, which lot or lots are either
an isolated undersized lot or lots resulting from a minor subdivision;
or
(f)
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the district for a principal structure.
(5)
A variance under this subsection shall be granted only by affirmative
vote of at least 2/3 of the full authorized membership of this Board.
(6)
In exercising the above-mentioned powers the Planning Board, as the
Board of Adjustment, may, in conformity with the provisions of N.J.S.A.
40:55D-1 et seq., or amendments thereto or subsequent statutes applying,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and make sure other requirements,
decisions or determination as ought to be made, and to that end have
all the powers of the administrative officer from whom the appeal
was taken.
H.
To consider and make 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.
I.
To carry out the provisions set forth in this chapter for the preservation
of historic resources.
J.
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 and officers of the municipality.
[Amended 1-24-2011 by Ord. No. 2158]
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 Investigation
Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[Amended 1-24-2011 by Ord. No. 2158]
No member of the Planning Board shall act on any matter in which
he or she has, either directly or indirectly, any personal or financial
interest. Whenever any such member shall disqualify himself or herself
from acting on a particular matter, he or she shall not continue to
sit with the Board on the hearing of such matter nor participate in
any discussion or decision relating thereto. This would include voting
on a memorializing resolution relating to the such matter and the
decision thereon.
[Added 1-24-2011 by Ord. No. 2158]
A.
Meetings of the Planning Board shall be scheduled no less often than
once a month and any meeting so scheduled shall be held as scheduled
unless canceled for lack of applications for development to process
or appeals to be heard and decided.
B.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which shall be held on
notice to the Board's members and the public in accordance with all
applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum present.
D.
All actions shall be taken by majority vote of the members present
at the meeting except as otherwise required by any provisions of N.J.S.A.
40:55D-1 et seq. Failure of a motion to receive the number of votes
required to approve an application for development or appeal pursuant
to the exceptional vote requirements of N.J.S.A. 40:55D-34 and 40:55D-70d
shall be deemed an action denying the application.
E.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Act (N.J.S.A. 10:4-6
et seq.). An executive session for the purpose of discussion and studying
matters to come before the Board shall not be deemed regular or special
meetings in accordance with the provisions of N.J.S.A. 40:55D-9.
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 § 390-62 of this Part 2, 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)
Applications 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.
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 10 days before the date of the
monthly meeting of the Board, copies of a sketch plat, copies of an
application for minor subdivision approval or copies of an application
for site plan review, conditional use approval or planned developments.
At the time of filing the application, but in no event less than 10
days prior to the date set for hearing, the applicant shall also file
all plot plans, maps or other papers required by virtue of any provision
of this Part 2 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.
In the event that the Mayor and Council has
established an Environmental Commission which 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 proceedings.
[Added 5-26-2020 by Ord. No. 2386]
A.
Any interested party may appeal to the governing body any final decision
of the Planning Board, acting in its Board of Adjustment capacity,
approving an application for development pursuant to Subsection d
of N.J.S.A. 40:55D-70. Such appeal shall be made within 10 days of
the date of publication of such final decision pursuant to Subsection
i of N.J.S.A. 40:55D-10. The appeal to the governing body shall be
made by serving the municipal clerk in person or by certified mail
with a notice of appeal, specifying the grounds thereof and the name
and address of the appellant and name and address of his attorney,
if represented. Such appeal shall be decided by the governing body
only upon the record established before the Planning Board.
B.
Notice of the meeting to review the record below shall be given by
the governing body by personal service or certified mail to the appellant,
to those entitled to notice of a decision pursuant to Subsection h
of N.J.S.A. 40:55D-10 and to the Planning Board from which the appeal
is taken, at least 10 days prior to the date of the meeting. The parties
may submit oral and written argument on the record at such meeting,
and the governing body shall provide for verbatim recording and transcripts
of such meeting pursuant to Subsection f of N.J.S.A. 40:55D-10.
C.
The appellant shall 1) within five days of service of the notice of the appeal pursuant to Subsection A hereof, arrange for a transcript pursuant to Subsection f of N.J.S.A. 40:55D-10 for use by the governing body and pay a deposit of $50 or the estimated cost of such transcript, whichever is less, or 2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the municipal clerk; otherwise, the appeal may be dismissed for failure to prosecute. The governing body shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to Subsection i of N.J.S.A. 40:55D-10, unless the applicant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board.
D.
The governing body may reverse, remand, or affirm, with or without
the imposition of conditions, the final decision of the Planning Board
approving a variance pursuant to Subsection d of N.J.S.A. 40:55D-70.
The review shall be made on the record made before the Planning Board.
E.
The affirmative vote of a majority of the full authorized membership
of the governing body shall be necessary to reverse or remand to the
Planning Board or to impose conditions on or alter conditions to any
final action of the Planning Board. Otherwise the final action of
the Planning Board shall be deemed to be affirmed; a tie vote of the
governing body shall constitute affirmance of the decision of Planning
Board.
F.
An appeal to the governing body shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made,
unless the board from whose action the appeal is taken certifies to
the governing body, after the notice of appeal shall have been filed
with such board, that by reason of facts stated in the certificate,
a stay would, in its opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court on application upon notice to the board from
whom the appeal is taken and on good cause shown.
G.
The governing body shall mail a copy of the decision to the appellant
or, if represented, then to his attorney, without separate charge,
and for a reasonable charge to any interested party who has requested
it, not later than 10 days after the date of the decision. A brief
notice of the decision shall be published in the official newspaper
of the municipality, if there be one, or in a newspaper of general
circulation in the municipality. Such publication shall be arranged
by the applicant unless a particular municipal officer is so designed
by ordinance, provided that nothing contained herein shall be construed
as preventing the applicant from arranging such publication if he
so desires. The governing body may make a reasonable charge for its
publication. The period of time in which an appeal to a court of competent
jurisdiction may be made shall run from the first publication, whether
arranged by the municipality or the applicant.
H.
Nothing in this section shall be construed to restrict the right
of any party to obtain a review by any court of competent jurisdiction,
according to law.
