Establishment. The Planning Board heretofore created by the Borough of Glen Gardner is continued and is hereby established pursuant to the Municipal Land Use Law as the Planning Board for said municipality.

Composition. The Planning Board shall consist of nine members who shall be divided into four classes for convenience in designating their manner of appointment, as follows:

Terms of office; vacancies. The term of the member composing Class I shall correspond to 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 Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever comes first. The term of a Class IV member who is also a member of the Board of Adjustment or 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. The terms of the Class IV members first appointed under this article 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 appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each member shall be four years. 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. Any member other than a Class I member, after a public hearing if he or she requests one, may be removed by the Borough Council for cause.

Alternate members.

Absence of member from hearing. 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 upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member has available to him or her a transcript or recording of the meeting and certified in writing that the transcript was read or recording was listened to.

Service without compensation. Members of the Planning Board shall serve without salary but may be paid expenses incurred in the performance of duties.

Conflict of interest. No member shall be permitted to act on any matter in which he or she has, directly or indirectly, any personal or financial interest.

Officers. The Planning Board shall elect a Chairman and a Vice Chairman from the members of Class IV. Their terms of office shall each be one year and they shall be eligible for reelection. The Board shall also select a Secretary, who may or may not be a member of the Planning Board, and the Board shall create and fill such other offices as it shall determine.

Planning Board Attorney, other staff and consultants. The office of Planning Board Attorney is hereby created. The Planning Board may annually appoint to such office and fix the compensation or rate of compensation of an attorney at law of the State of New Jersey other than the Attorney for the municipality. The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it deems necessary. Obligations for the foregoing shall not exceed, exclusive of gifts or grants, the amounts agreed upon and appropriated for the Board's use.

Powers of Planning Board. The Planning Board shall have the power to:

Exclusivity of powers. No power expressly authorized by this article to be exercised by the Planning Board shall be exercised by any other body except as otherwise provided in this chapter.

Establishment; composition, terms.

Powers as to zoning appeals, interpretations, decisions and variances.

Powers as to special permits. The Board of Adjustment shall receive, review and act upon applications for special permits for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public areas reserved on the Official Map, except where such authority is conferred upon the Planning Board in conjunction with the Planning Board's review of applications for approval of subdivision plats, site plans or conditional uses.

Referral of applications. An application under Subsection B(1) may be referred to an appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.

Appeals from administrative decisions; direct application in lieu of appeals.

Stay of proceedings appeal. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his or her 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 upon notice to the officer from whom the appeal is taken and on due cause shown.

Decision on appeal. The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken.

Exclusivity of powers. No power expressly authorized by this article to be exercised by the Board of Adjustment shall be exercised by any other body except as otherwise provided by this chapter.

Rules and regulations of municipal agencies (Planning Board and Board of Adjustment). Every municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with the Municipal Land Use Law or this chapter, for the administration of its functions, powers and duties, including hearings, and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the administrative officer.

Published and mailed notices.

Regular meetings. Every municipal agency shall hold regular meetings at the times and places fixed by its rules. Regular meetings shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process.

Special meetings. Special meetings may be provided for at the call of the Chairman or on the request of any two members, and the same shall be held on notice to the members and the public in accordance with legal requirements.

Open to public. All regular and special meetings shall be open to the public, and notice thereof shall be given in accordance with the requirements of the Open Public Meetings Law, P.L. 1975, c. 231.[1] An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of the Municipal Land Use Law.

Actions at meetings; quorum. No action except adjournments shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members present at such meeting, except as otherwise provided in this article. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of § 104-71B(1)(e) or C pursuant to N.J.S.A. 40:55D-34 of the Municipal Land Use Law shall be deemed an action denying the application.

Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and the persons appearing by attorney, the action taken by the agency, the findings, if any, made by it and the reasons thereof. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes, and such party may be charged a reasonable fee for reproduction of the minutes for his or her use.

Form. Whenever an application for development to the Planning Board or Board of Adjustment is permitted or required by this chapter, it shall be in such form and accompanied by such maps, documents and materials as are prescribed by this chapter and shall be submitted to the administrative officer in such members as is prescribed by rule of the Board. The administrative officer shall prepare and furnish to applicants standard application forms which shall require the following information:

Application fees. Each such application or appeal shall be accompanied by payment of a fee in the amount set forth in § 104-74D. The fees are nonrefundable.

Escrow fees: general provisions.

Each application for development shall be accompanied by payment of the fee and escrow amount set forth in the following schedule:

Transcripts. The Planning Board or Board of Adjustment shall provide for the verbatim recording of the proceedings by electronic means or, at its option, by a stenographer. The Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense. If an applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant, who shall arrange for the reporter's attendance.

Construction and final inspection escrow account.

Replenishment of escrow balance. The escrow associated with each application shall be replenished whenever the original escrow is reduced by charges against the account to 35% or less of the original amount. The administrative officer shall notify the applicant of the requirement to replenish the escrow, and the applicant shall be requested to deposit up to 35% of the original escrow account. No further consideration, review, processing or inspection shall be performed by or on behalf of the Board until the additional escrow has been paid.

Accounting of escrow fees.

Use and return of balance of escrow deposits.

Request for special meeting. An applicant for approval of an application may request a special meeting. The Board may schedule such special meeting(s) at a date and time convenient to the applicant, the Board and the pubic. There shall be paid to the Borough, prior to the meetings, a nonrefundable special meeting fee of $100. In addition, the administrative officer may require an additional escrow deposit of up to $1,000 for each special meeting.

Availability of applications to Environmental Commission. Whenever an Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Boards shall make available to the Environmental Commission an informational copy of every application for development submitted 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.

Applications for conditional uses: additional data. Each application for a conditional use shall include a request for any required site plan approval that is related thereto.

Informal review of concept plan. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit towards fees for review of the application for development (N.J.S.A. 40:55D-10.1).

Applications for use variances: additional data. The Board of Adjustment shall have the power to grant subdivision or site plan approval or conditional use approval whenever the proposed development required approval of a variance pursuant to § 104-71B(1)(e). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon granting of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good (including but not limited to the purposes set forth in N.J.S.A. 40:55D-2) and without substantial impairment of the intent and purpose of the zoning plan and the zoning provisions of this chapter. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to aforesaid § 104-71B(1)(e) shall not be required.

Completeness of applications. An application for development shall be complete for the purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for the purposes of commencing the applicable time period unless the application is not accompanied by the appropriate checklist provided to the applicant pursuant to the Checklists at the end of this chapter and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the applications within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The appropriate Checklists to be submitted are found at the end of this chapter.

Hearing required. The municipal agency shall hold a hearing on each proposed adoption, amendment or revision of the Master Plan and on each application for development.

Documents to be filed and available for inspection. Any maps and documents proposed or for which approval is sought shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. Other documents, records or testimony may be produced at the hearing to substantiate, clarify or supplement the previously filed maps and documents.

Oaths and subpoenas. The officer residing at the hearing or such persons as he or she may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.

Testimony of witnesses. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

Rules of evidence. Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.

Recording of proceedings; transcripts. The municipal agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means and shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his or her expense.

Notice required; exceptions. Notice of hearing shall be given by the Planning Board as to the proposed adoption, amendment or revision of the Master Plan and by the applicant as to applications for development, at least 10 days prior to the date of the hearing. Notice shall be required as to applications for review and preliminary approval of major subdivision; however, notice shall not be required as to applications for approval of major subdivisions nor for final approval of site plans and major subdivisions unless in such cases relief is sought from the Planning Board for a hardship variance or for a special permit, in which event notice shall be required, except as provided in this chapter.

Contents. The notice shall state the date, time and place of the hearing, the nature of the matters to be considered and the location and times at which any maps and documents proposed or for which approval is sought are available in the office of the administrative officer. In addition, in cases of applications for development, the notice shall contain an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Assessor's office. Also, notice of any application for development shall include reference to all requests made in conjunction therewith, whether for approval of a site plan, subdivision, conditional use, variance or special permit.

Notice by publication. Notice shall be given in all cases by publication.

Notice to adjoining municipalities. Notice shall be given by personal service or certified mail to the Clerk of any adjoining municipality in cases involving property located within 200 feet of such municipality.

Notice to County Planning Board. Notice shall be given by personal service or certified mail to the County Planning Board in cases of proposed adoption, amendment or revision of the Master Plan and in cases of applications for development of property adjacent to an existing county road or a proposed road shown on the Official County Map or County Master Plan or property adjoining other county land or property situated within 200 feet of a municipal boundary. Such notice shall also include the Master Plan proposed for adoption or any proposed amendment or revision thereof.

Notice to Commissioner of Transportation. Notice shall be given by personal service or certified mail to the Commissioner of Transportation in cases of applications for development of property adjacent to a state highway.

Notice to Director of State and Regional Planning. Notice shall also be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs in cases of applications for development of property exceeding 150 acres or 500 dwelling units, and such notice shall also include a copy of any maps or documents required to be on file with the administrative officer.

Notice to property owners. In case of applications for development, notice shall also be given by the applicant to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of the hearing before the Planning Board or Board of Adjustment, by serving a copy thereof on each owner or his or her agent in charge of the property or by mailing a copy thereof by certified mail to each such owner at his or her address as shown on said tax duplicate, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14). Notice to a partnership owner may be given to any partner, and notice to a corporate owner may be given to its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation, and notice to a condominium association, horizontal property, community trust or homeowner's association, because of its ownership of common elements or areas located within 200 feet of the property which is subject of the hearing, may be made in the same manner as to a corporation, without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.

Proof of service. An affidavit of proof of the giving of notice as required by this article for any application for development shall be filed by the applicant with the municipal agency at or prior to the hearing.

Periodic reexamination and report by Planning Board. The Planning Board shall, at least every six years, make a general reexamination of the Master Plan and Development Regulations and prepare a report on the finding of such reexamination. The Board shall send a copy of the report to the Borough Council, the County Planning Board and the Clerk of each adjoining municipality. The six-year period shall commence with the submission of the preceding Planning Board report.

Contents of report. The report of the Planning Board shall state the following:

The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:

County Planning Board Approval. Whenever review or approval of any application by the County Planning Board is required by P.L. 1968, c. 285, Subsection 5 of Section 8 (N.J.S.A. 40:27-6.6), the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or upon County Planning Board approval by default for failure to report thereon within the required time period.

Developments barred by administrative or judicial order. In the event that a developer submits an application for development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with this chapter, and if such application complies with the requirements of this chapter, the municipal agency shall approve such application, conditioned on removal of such legal barrier to development.

Approval by other governmental agencies. In the event that development proposed by an application for development requires an approval by a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval by such governmental agency.

Absence of Board member from hearing. When any hearing before a 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 upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member has available to him or her a transcript or recording of the meeting from which he or she was absent and certifies, in writing, to the Board that he or she has read such transcript or listened to such recording.

Furnishing copies of decision. A copy of each decision shall be mailed by the municipal agency, within 10 days after the date of decision, to the applicant, or, if represented, then to his or her attorney, without separate charge, and to all others upon request, for a reasonable fee.

Filing in office of administrative officer. A copy of each decision shall also be filed by the municipal agency in the office of the administrative officer, who shall make a copy of the filed decision available to any interested party for a reasonable fee and available for public inspection at the administrative officer's office during reasonable hours.

Publication of final decision. A brief notice of every final decision shall be published in the official newspaper of the Borough. Such publications shall be arranged by the administrative officer without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

Preliminary approval of site plans and major subdivisions. Preliminary approval shall be granted or denied on applications to the Planning Board for a site plan of 10 acres or less or for a major subdivision of 10 or fewer lots within 45 days and for a site plan of more than 10 acres or for a major subdivision of more than 10 lots within 95 days after the date of submission of a complete application to the administrative officer, except as otherwise provided in Subsections E, F and G.

Minor subdivision approval; final approval of site plans and major subdivisions. Final approval of site plans and major subdivisions and approval of minor subdivisions shall be granted or denied on applications made to the Planning Board within 45 days after the date of submission of a complete application to the administrative officer, except as otherwise provided in Subsections E, F and G.

Conditional use approval. Approval of conditional uses shall be granted or denied on applications made to the Planning Board within 95 days after the date of submission of a complete application to the administrative officer.

Application or appeal as to zoning. The municipal agency shall decide appeals or applications for variances, interpretations or decisions as to zoning regulations not later than 120 days after the date an appeal is taken from the action of the administrative officer or after the date a complete application is submitted to the administrative officer, except as otherwise provided in Subsection A.

Conditional use or site plan review simultaneously with subdivisions. Whenever the Planning Board reviews conditional uses or site plans simultaneously with subdivisions, the longer or longest period of time for action in any such case shall apply to all such cases.

Planning Board review in conjunction with hardship variance or special permit.

Conditional use applications requesting site plan approval. Whenever the Planning Board reviews an application for conditional use that includes a request for site plan approval, the Planning Board shall grant or deny approval of the application within 95 days after the date of submission of a complete application to the administrative officer.

Board of Adjustment review in conjunction with use variance. Whenever an application is made to the Board of Adjustment for subdivision, site plan or conditional use approval in conjunction with the Board's review of a use variance, the Board of Adjustment shall grant or deny approval of the application within 120 days after the date of submission of a complete application to the administrative officer.

Extension of time for decision. Any time period specified for action by a municipal agency may be extended with the consent of the applicant or appellant.

Failure to render decision on time. The failure of any municipal agency to act within such time period or extension thereof shall constitute a decision favorable to the applicant or appellant. A certificate of the administrative officer as to such failure shall be issued on request of the applicant or appellant, and it shall be sufficient in lieu of written endorsement or other evidence of approval required by this chapter and shall be accepted as such by the County Clerk for any purposes of filing subdivision plats.

Referral of Development Regulations to Planning Board. Before adopting, amending or revising any development regulation, the Borough Council shall refer the same to the Planning Board for a report and recommendation and shall review the Planning Board's report and recommendation when considering the adoption thereof. The Borough Council may disapprove or change any such recommendation only by a majority vote of its full authorization membership, and in such event it shall record in the minutes the reasons for not following the same. Failure of the Planning Board to transmit such report within 35 days after the Borough Council has made such referral shall relieve the Borough Council of the other requirements of this action.

Hearing of Development Regulations and capital improvement programs. The Borough Council shall hold a hearing before adopting, amending or revising any development regulation or before adopting any capital improvement program or amendment or revision thereof that has been recommended to it by the Planning Board.

Notice of hearing. Notice of hearing shall be given by the Borough Council by personal service or certified mail at least 10 days prior to the date of the hearing to the County Planning Board and, in cases involving property situated within 200 feet of an adjoining municipality, to the Clerk of such municipality.

Contents of notice. Such notice shall state the date, time and place of the hearing and the nature of the matters to be considered and shall include a copy of the proposed development regulation, capital improvement program, amendment or revision.

Notice of adoption of Official Map or capital improvement program. Notice of the adoption of any official map or capital improvement program or amendment or revision thereof shall be given by the Borough Council to the County Planning Board by personal service or certified mail within 30 days after the date of such adoption, and said notice shall include a copy of such adopted Official Map, capital improvement program, amendment or revision.

Filing of Development Regulations with county authorities. No zoning, subdivision or site plan ordinance or any amendment or revision thereof shall take effect until a copy thereof is filed with the County Planning Board; and the Official Map shall not take effect until filed with the County Clerk.

Filing of Development Regulations with Clerk. Copies of all Development Regulations and any amendments or revisions thereof shall be filed and maintained in the office of the Municipal Clerk.

General laws as to passage of ordinances unaffected. The requirements of this article as to Development Regulations shall be in addition to those imposed by the law generally for the passage of ordinances.