North Arlington City Zoning Code
ARTICLE II
Planning Board
§ 205-7 Establishment.
[Amended 2-9-2006 by Ord. No. 1953; 3-10-2022 by Ord. No. 2344]
A.
The North Arlington Planning Board, created pursuant to N.J.S.A. 40:55D-23 et seq., shall consist of nine regular members and four alternate members.
B.
The nine regular members of the Planning Board membership shall consist of the following four classes:
(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 municipality, other than a member of the governing body, to be appointed by the Mayor, provided that if there is a North Arlington Borough Environmental Commission (herein referred to as the "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 for the purposes of this chapter in the event that there is among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.
(3)
Class III: a member of the Borough Council to be appointed by the Borough Council.
(4)
Class IV members: 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 Board of Adjustment. One Class IV member may be a member of the Board of Education. 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 a Class IV Planning Board member unless there are among 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 common to the Planning Board and the Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
C.
Alternate members.
(1)
There may be not more than four alternate members appointed to the Planning Board in the same manner as Class IV members, who shall be designated by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4."
(2)
Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class; provided, however, that alternate members shall not vote in place of Class I or Class III members with respect to variance relief under N.J.S.A. 40:55D-70d. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. Voting priority shall be based on the designated number of the alternate member, with Alternate No. 1 having first priority.
D.
Terms.
(1)
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 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 their 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/she is no longer a member of such other body or at the completion of his/her Class IV term, whichever occurs first. Thereafter, the Class IV term of each such Class IV 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.
(2)
The terms of alternate members shall be for two years, except that of the alternate members first appointed, an equal number shall be appointed for two-year terms and one-year terms, said terms to run from January 1 of the year in which the appointment is made. Thereafter, all appointments shall be made for a term of two years.
(3)
Nothing in this chapter shall, however, be construed to affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed.
E.
If the Planning Board lacks a quorum because any of its members are prohibited by N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interest, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest. If a choice has to be made between regular members of equal seniority, the Chairperson of the Board of Adjustment shall make the choice.
F.
The Planning Board shall organize annually by selecting from among its Class IV members a Chairperson and a Vice Chairperson. The Board shall also select a Secretary who may or may not be a member of the Board or a municipal employee, and create and fill such other offices as established by ordinance.
G.
The governing body shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.
H.
The Planning Board may annually appoint a Planning Board Attorney and fix compensation or rate of compensation of an attorney at law of New Jersey other than the Municipal Attorney.
I.
The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
J.
No member of the Planning Board shall be permitted to act on any matter in which there is any personal or financial interest, either directly or indirectly. Any member other than a Class I member, after a public hearing, if requested, may be removed by the governing body for cause.
§ 205-8 Powers and jurisdiction.
A.
The Planning Board shall follow the provisions of N.J.S.A. 40:55D-25 and shall accordingly exercise its powers in regard to:
(1)
The Master Plan pursuant to N.J.S.A. 40:55D-28;
(2)
Subdivision control and site plan review pursuant to N.J.S.A. 40:55D-37 et seq.;
(3)
The Official Map pursuant to N.J.S.A. 40:55D-32 et seq.;
(4)
The Zoning Ordinance including conditional uses pursuant to N.J.S.A. 40:55D-67;
(5)
The capital improvements program pursuant to N.J.S.A. 40:55D-29 et seq.;
(6)
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to N.J.S.A. 40:55D-60 et seq.
B.
The Planning Board may:
(1)
Participate in the preparation and review of programs or plans required by state or federal law or regulation;
(2)
Assemble data on a continuing basis as part of a continuous planning process; and
(3)
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council.
§ 205-9 Ancillary powers.
A.
Planning Board review in lieu of Board of Adjustment. 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-70d, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(1)
Variances pursuant to N.J.S.A. 40:55D-70c;
(2)
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 drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32; and
(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.
(a)
Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for variances or direction for issuance of a permit, as the case may be.
(b)
The applicant 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 variances or direction of the issuance of a permit shall be conditioned upon the grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the 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.
B.
Time periods.
(1)
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after submission by an applicant of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the applicant elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance(s) or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-70 et seq. 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. It shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(2)
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
§ 205-10 Referral powers.
A.
Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the Borough Council, within 35 days after referral, a report including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the master plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Borough Council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.
B.
The Borough Council may, by ordinance, provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a Borough body or Borough officer having final authority thereon except for any matter under the jurisdiction of the Board of Adjustment. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this act to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such body.