[Adopted 1-1-1982 as Sec. 2-23 of
the 1982 Recodification]
A.
The Planning Board shall be composed from the following
four classes:
(1)
Class I: The Mayor.
(2)
Class II: One of the officials of the municipality
other than a member of the governing body to be appointed by the Mayor.
(3)
Class III: A member of the governing body to be appointed
by it.
(4)
Class IV: Six other citizens of the municipality to
be appointed by the Mayor, with consent of the Council.
B.
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 Board of Education.
C.
Alternate
members.
[Added 10-20-2015 by Ord.
No. 2015-23]
(1)
In
addition to the regular members, there shall be not more than two
Class IV alternate members of the Planning Board.
(2)
Alternate
members shall be appointed by the appointing authority for Class IV
members and shall meet the qualifications of Class IV members of the
Planning Board. Alternate members shall be designated at the time
of appointment as "Alternate No. l" and "Alternate No. 2."
(3)
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, and
provided further that in no instance shall the terms of the alternate
members first appointed exceed two years.
(4)
A vacancy
occurring otherwise than by expiration of term shall be filled by
the appointing authority for the unexpired term only.
(5)
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 governing body for cause.
(6)
Alternate
members may participate in all matters 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, the alternate with the
lower number designation shall vote.
A.
The term of the member composing Class I shall correspond
with his 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 term of office, whichever occurs first. 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
occurs first.
B.
The terms of all Class IV members first appointed
pursuant to this article 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 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
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 the 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 the Planning Board.
There is hereby created the office 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,
provided that it does not exceed the amount appropriated by the governing
body for its use. The Planning Board Attorney 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, however, exceed, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
The Planning Board is authorized to adopt bylaws
governing its procedural operation in accordance with N.J.S.A. 40:55D-23
et seq. It shall also have the following powers and duties:
A.
To make and adopt and from time to time and amend
a Master Plan for the physical development of the Borough of East
Rutherford, including any areas outside its boundaries which in the
Board's judgment bear essential relation to the planning of the Borough
of East Rutherford in accordance with the provisions of N.J.S.A. 40:55D-28.
B.
To administer the provisions of Chapter 327, Land Subdivision and Site Plan Review, of the Land Use Code of the Borough of East Rutherford in accordance with the provisions of said ordinances and the Municipal Use Law of 1975, N.J.S.A. 40:55D-37 et seq.
C.
To participate with the Mayor and Council in the preparation
and review of programs or plans required by state or federal law or
regulations.
D.
To assemble data on a continuing basis as part of
a continuous planning process.
E.
To prepare every two years 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.
F.
To consider and make reports to the governing body
within 35 days after referral as to any proposed development regulation,
revisions or amendments thereto 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 of the Borough
of East Rutherford, pursuant to the provisions of N.J.S.A. 40:55D-26b.
G.
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:
(1)
Variances pursuant to N.J.S.A. 40:55D-70 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.
(2)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance
of permits 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 of said Act.
(3)
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.
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Whenever relief is requested pursuant to Subsection G, 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.
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H.
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. The approval of a minor subdivision, which is defined in Chapter 327, Land Subdivision and Site Plan Review, of the Land Use Code of the Borough of East Rutherford, as three lots or fewer, 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 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 accepted for such filing shall be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.
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 § 305-7G of this article, the Planning Board shall grant or deny approval of the complete 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. Upon submission of a completed application
for final subdivision approval, the Planning Board shall grant or
deny said application 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 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 N.J.S.A. 40:55D-1
et seq. shall be filed with the Building Subcode Official. The applicant
shall file at least 14 days before the date of the monthly meeting
of the Board 11 copies of a sketch plat, 11 copies of applications
for minor subdivision approval, 11 copies of application for major
subdivision approval or 11 copies of an application for site plan
review, conditional use approval or planned unit development 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
plat plans, maps or other papers required by virtue of any provision
of this article 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 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.
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 by the Board. Such person or
persons shall serve at the pleasure of the Mayor.
The 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 the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[Amended 9-16-2014 by Ord. No. 2014-05]
For purposes of this article, the administrative officer shall
be the Planning Board Secretary.
