Elmwood Park City Zoning Code
ARTICLE XV
Planning Board
§ 34-63.1 Establishment.
[1969 Code § 88-44; Ord. No. 1978-6; Ord. No. 90-16]
a.
There is hereby established pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., in the Borough of Elmwood Park a Planning Board of nine members consisting of 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. 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. 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 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.
b.
The Mayor may also appoint two alternate members of the Planning Board. Alternate members shall meet the qualifications of Class IV members of the Planning Board. The alternate members shall be designated 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. Alternate members shall serve in rotation during the absence or disqualification of any regular member of any class.
§ 34-63.2 Terms.
[1969 Code § 88-45; Ord. No. 1978-6]
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 terms of office whichever occurs 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 is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
c.
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.
§ 34-63.3 Vacancies.
[1969 Code § 88-46; Ord. No. 1978-6]
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
§ 34-63.4 Organization and Voting Eligibility.
[1969 Code § 88-47; Ord. No. 1978-6]
a.
The Planning Board, at its organizational or meeting held in January of each year, 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.
When any hearing before the Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter notwithstanding his absence from one or more of the meetings provided, however, that such board member has available to him a transcript or recording of the meetings from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
§ 34-63.5 Attorney.
[1969 Code § 88-48; Ord. No. 1978-6]
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint the Planning Board Attorney who shall be an attorney other than the Municipal Attorney.
§ 34-63.6 Experts and Staff.
[1969 Code § 88-49; Ord. No. 1978-6]
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.
§ 34-63.7 Power and Duties.
[1969 Code § 88-50; Ord. No. 1978-6]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. Copies of the rules and regulations adopted by the Planning Board shall be made available and shall be furnished to any person requesting same, at the Borough Clerk's office. 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:G7A-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 Ordinance and Site Plan Review Ordinance of the Borough, as well as participate in the preparation of the Official Map, in accordance with the provisions of said ordinances and N.J.S.A. 40:55D-1 et seq.
c.
To approve conditional use applications in accordance with the provisions of § 34-17 of this chapter pursuant to N.J.S.A. 40:55D-67.
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 same to the Governing Body.
g.
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-26(a), 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-26(b).
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 and procedures as the Zoning Board of Adjustment, variances pursuant to N.J.S.A. 40:55D-70(c), 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.
i.
To participate in the preparation of the Official Map.
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 or officers.
§ 34-63.8 Time for Decisions.
[1969 Code § 88-51; Ord. No. 1978-6]
b.
Minor Subdivision. 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" or a deed clearly describing the approved minor subdivision, if 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.
c.
Preliminary Approval of a 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.
d.
Final Approval of a Major Subdivision. 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 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.
e.
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Subsection 34-63.7h of this Article, 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.
f.
Simultaneous Review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
g.
Public Hearings. The Planning Board is herewith authorized to waive notice and public hearing in approving a minor subdivision, in such cases where the Planning Board or the Subdivision Committee, appointed by the Chairman, finds that the same conforms to the definition of a minor subdivision in any existing ordinances or any ordinance adopted in the future pursuant to the provisions of N.J.S.A. 40:55D-1 et seq.
§ 34-63.9 Applications; Procedure for Filing.
[1969 Code § 88-52; Ord. No. 1978-6]
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-23 et seq. shall be filed with the Secretary of the Planning Board. Applicant shall file at least 14 days before the date of the monthly meeting of the Board three copies of a sketch plat, three copies of applications for minor subdivision approval, three copies of application for major subdivision approval or three copies of an application for site plan review, conditional use of 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 hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision 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.
§ 34-63.10 Advisory Committee.
[1969 Code § 88-53; Ord. No. 1978-6]
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.