Mountain Lakes City Zoning Code
ARTICLE II
Planning Board
§ 245-4 Establishment; membership.
There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq., in the Borough, a Planning Board of nine members and two alternate members consisting of the following classes:
A.
Regular members.
(1)
Class I. The Mayor of the Borough.
(2)
Class II. One of the officials of the Borough other than a member of the Council, 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.
(3)
Class III. A member of the Council to be appointed by it.
(4)
Class IV. Six other citizens of the Borough to be appointed by the Council. The members of Class IV shall hold no other Borough 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 is among the Class IV members of the Planning Board 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 a Class II member of the Planning Board.
B.
Alternate members.
(1)
Two alternate members shall be appointed to the Planning Board by the Council. They shall meet all qualifications of Class IV members. At the time of their appointment they shall be designated by the Mayor as "Alternate No. 1" and "Alternate No. 2."
(2)
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.
§ 245-5 Terms of office.
A.
Regular members.
(1)
The term of the Class I member shall correspond with his official tenure. The terms of the Class II and Class III members 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 shall also be a member of the Environmental Commission. The term of a Class II or Class IV member who shall also be 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.
(2)
The term of a Class IV member who shall be 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.
(3)
The terms of all Class IV members shall be for four years except as otherwise hereinabove provided.
(4)
All terms shall run from January 1 of the year in which the appointment is made. Any member, other than a Class I member, after a public hearing if he requests one, may be removed by the Council for cause.
B.
Alternate members. The terms of the alternate members shall be for two years, except that the terms of the alternate members shall expire in alternate years.
§ 245-6 Vacancies.
If a vacancy in any class occurs other than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
§ 245-7 Officers.
The Planning Board shall select a Chairperson and Vice Chairperson from the members of Class IV and shall also select a Secretary.
§ 245-8 Attorney.
The Planning Board may annually appoint and, subject to the appropriation of funds, fix the compensation of the Planning Board Attorney, who shall be an attorney other than the Borough Attorney.
§ 245-9 Experts and staff.
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 the amount appropriated by the Council for its use.
§ 245-10 Powers and duties generally.
The Planning Board is authorized to adopt bylaws governing its procedural operation. 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 Borough, including a specific policy statement respecting its relationship to any areas outside its boundaries which in the Board's judgment bear essentially upon the planning of the Borough, in accordance with the provisions of N.J.S.A. 40:55D-28.
B.
To administer the provisions of this chapter, in accordance with the provisions of such chapter and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C.
To participate 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 establish the Official Map, pursuant to an ordinance of the Council, and recommend amendments to the same, pursuant to N.J.S.A. 40:55D-32 and 40:55D-33.
F.
To consider and report to the Council within 35 days of 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 Council, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
G.
Variance or direction for issuance of a permit.
(1)
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70(d), § 245-21A(4) of this chapter, to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70(c).
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a construction 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.
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a construction permit for a building or structure not relating to a street.
(2)
Whenever relief is requested, pursuant to the provisions of this subsection, notice of a hearing on the application for development shall include reference to the request for variance or direction for issuance of a construction permit, as the case may be.
(3)
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.
H.
To perform other advisory duties, such as preparation of capital improvement programs, as may be assigned to it by ordinance or resolution of the Council for the aid and assistance of the Council or other agencies or officers.
§ 245-11 Time limitations for Planning Board action.
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, N.J.S.A. 46:23-9.9 et seq.,[1] or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed shall be signed by the Chairperson and Secretary of the Planning Board before it is accepted for filing by the County Recording Officer. The provisions of N.J.S.A. 40:55D-47(f) and (g) shall apply to any minor subdivision approval granted by the Planning Board.
[1]
Editor's Note: N.J.S.A. 46:23-9.9 was repealed by P.L. 2011, c. 217, § 2, effective May 1, 2012.
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. The provisions of N.J.S.A. 40:55D-49 shall apply to any preliminary major subdivision approval granted by the Planning Board.
C.
Ancillary powers.
(1)
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance, as set forth in § 245-10G, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer, or within such further time as may be consented to by the applicant.
(2)
In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.
D.
Final approval of major subdivisions. 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 has 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. The provisions of N.J.S.A. 40:55D-52 and 40:55D-54 shall apply to any final major subdivision approval granted by the Planning Board.
E.
Site plan approval. Minor site plan approval shall be granted or denied within 45 days of the date of the submission of a complete application to the administrative officer. Minor site plan approval shall be deemed to be final approval of the site plan by the Planning Board, subject to any conditions that the Board may impose.
(1)
Upon submission of a complete application for preliminary approval for a major site plan for 10 acres or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of submission. Upon submission of a complete application for preliminary approval for a major site plan for more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of submission. Following preliminary approval, final approval of a major site plan shall be granted or denied within 45 days of submission of a complete application for final approval.
(2)
The time for Board decision may be extended by consent of the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the plan.
(3)
All necessary permits and approvals shall be obtained before a construction permit may be issued and before construction may commence.
(4)
The provisions of N.J.S.A. 40:55D-49 shall apply to any preliminary major site plan approval granted by the Planning Board. The provisions of N.J.S.A. 40:55D-52 shall apply to any final major site plan approval granted by the Planning Board. The provisions of N.J.S.A. 40:55D-46.1(c) shall apply to any minor site plan approval granted by the Planning Board. Construction permits shall expire in accordance with the applicable provisions of the Uniform Construction Code.
F.
Failure of Planning Board to act. Failure of the Planning Board to act within the period set forth in Subsections A through E, whichever is appropriate, shall constitute the approval applied for, and a certificate by the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval.
G.
Completeness of applications. An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board when so certified by the Planning Board or its authorized designee.
(1)
In the event that the Planning Board 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 the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
(a)
The application lacks information in the form and substance required by the checklist set forth in this chapter for the particular type of application, which list of requirements and forms shall be provided to the applicant; and
(b)
The Planning Board or its designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
(2)
The applicant may request that one or more of the submission requirements be waived, in which event the Planning Board 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 (s)he is entitled to approval of the application. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the 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 application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Board.
§ 245-12 Environmental Commission.
The Planning Board 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.
§ 245-13 Rules and regulations.
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.
§ 245-14 Lack of quorum.
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to the member's personal or financial interests therein, the provisions of N.J.S.A. 40:55D-23.2 shall apply.