Oradell City Zoning Code
ARTICLE III
Planning Board
§ 240-3.1 Establishment.
A.
There is hereby established pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), (hereinafter "MLUL"), in the Borough of Oradell a Planning Board of nine members consisting of the following four classes:
(1)
Class I. The Mayor or 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 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 be among the Class IV or alternate members of the Planning Board both a member of the Zoning Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Municipal 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, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
(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.
B.
All terms shall run from January 1 of the year in which the appointment was made.
§ 240-3.2 Terms of members.
See Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
§ 240-3.3 Alternate members.
A.
The Planning Board shall have two alternates.
B.
Alternate members of the Planning Board shall be appointed for terms of two years. The terms shall be staggered so that one expires at the end of each year. The Mayor shall appoint the alternates. Alternate members shall meet the qualifications of Class IV members of nine-member Planning Boards. At the time of appointment, the Mayor shall designate the alternates as "Alternate No. 1" and "Alternate No. 2," respectively, and each alternate shall retain said designation during the term for which the alternate was appointed. A vacancy occurring otherwise than by expiration of term shall be appointed by the Mayor for the unexpired term only.
C.
Alternate members may participate in discussions of 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.
D.
During the absence or disqualification of any regular member, the Chairperson shall appoint one of the alternate members to serve in the place of said regular member; provided, however, that where the alternate member is designated to serve in the place of the regular member who is disqualified from participating in the hearing of a particular case, the alternate member shall be designated to serve only with respect to such case.
E.
An alternate member who has been designated to sit in place of a regular member and who has participated in any hearing or matter coming before the Planning Board shall continue to act in the place of such regular member until the final disposition of said matter by the Board.
F.
In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
§ 240-3.4 Disqualification or removal of members.
Whenever any member of the Planning Board, without being excused by majority of the authorized members of the Board, fails to attend and participate at meetings of such body for a period of six consecutive weeks, or for three consecutive regular meetings, whichever shall be of longer duration, at the conclusion of such period, the office of that member shall be deemed vacant, provided that the Planning Board shall notify the Mayor and Council in writing of such determination. The Planning Board may not refuse to excuse a member with respect to those failures to attend and participate which are due to legitimate illness.
§ 240-3.5 Vacancies; conflicts of interest.
A.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment of the Mayor for the unexpired term.
B.
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by the MLUL from acting on a matter due to the member's personal or financial interests therein, regular members of the Zoning 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 Zoning 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 therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Zoning Board of Adjustment shall make the choice.
§ 240-3.6 Organization of Board.
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 it.
§ 240-3.7 Planning Board Attorney.
There is hereby created the office of the Planning Board Attorney. The Planning Board may annually appoint the Planning Board Attorney or a firm.
§ 240-3.8 Employment of expert staff and services.
See Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
§ 240-3.9 Powers and duties of Board.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. It shall have the powers and duties enumerated by the MLUL.
§ 240-3.10 Time limits for decisions.
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.
B.
Ancillary powers. Whenever the Planning Board is required to exercise its ancillary powers on an application for site plan, subdivision or conditional use which includes a request for the granting of a variance, the Planning Board shall grant or deny approval of the application within 120 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.
C.
Final approval.
(1)
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.
(2)
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 Count 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.
(3)
The Planning Board may extend the 95 days or the one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.
§ 240-3.11 Subdivision and Site Plan Committee.
There may be appointed by the Chairman of the Planning Board such committees of at least three members of the Board in accordance with this chapter to perform such duties as may be conferred on it by the Planning Board.