Waldwick City Zoning Code
ARTICLE II
Planning Board
§ 97-4 Establishment; composition.
[Added 8-22-00 by Ord. No. 14-00]
There is hereby established pursuant to C. 291 P.L. 1975, in the Borough of Waldwick a Planning Board of nine (9) members consisting of the following four (4) classes. All members and alternate members of the Planning Board, except for Class II members set forth below, shall be municipal residents.
A.
Class I: Mayor or the Mayor's designee in the absence of the Mayor.
B.
Class II: one (1) of the officials of the Borough of Waldwick other than a member of the governing body, to be appointed by the Mayor.
C.
Class III: a member of the governing body, to be appointed by it.
D.
Class IV: six (6) other citizens of the Borough of Waldwick, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one (1) member may be a member of the Zoning Board of Adjustment and one (1) may be a member of the Board of Education.
§ 97-5 Terms.
[Amended 8-22-00 by Ord. No. 14-00]
The term of the member composing Class I shall correspond with his/her 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 tenure. The terms of the members composing Class II and Class III shall be for one (1) year or terminate at the completion of their respective terms of office, whichever occurs first. 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/she is no longer a member of such other body or at the completion of his/her Class IV term, whichever occurs first. The terms of all Class IV members first appointed pursuant to this ordinance shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four (4) years after their appointment, as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four (4) years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four (4) years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made. If a vacancy of any class shall occur, otherwise than by expiration of the term, a vacancy shall be filled by appointment as provided in this Article.
§ 97-6 Vacancies.
[Amended 8-22-00 by Ord. No. 14-00]
Alternate Members.
(A)
The Planning Board, in addition to its nine (9) regular members, shall also consist of two alternate members. The alternate members shall be appointed by the Mayor. Said alternate shall be appointed for Class IV members and shall meet the qualifications of IV membership. The terms of the alternate members shall be for two (2) 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 of any class may participate in all matters before the Planning Board but may not vote, except in absence or disqualification of a regular member. Participation of alternate members shall not be deemed an increase in the size of the Planning Board or change in the quorum requirements. A vote of the Planning Board shall not be delayed in order that a regular member may vote in place of an alternate member. Should there be a choice as to which alternate member is to vote, Alternate No. 1 shall vote.
§ 97-7 Removal.
Any member of the Planning Board other than the Class I member may be removed by the governing body for cause. Any member so removed shall be entitled to a public hearing if requested by said member.
§ 97-8 Organization.
[Amended 8-22-00 by Ord. No. 14-00]
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. An alternate member shall not serve as chairman or vice-chairman of the Planning Board.
§ 97-9 Attorney.
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint and fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.
§ 97-10 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, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
§ 97-11 Powers and duties generally.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this ordinance. 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. 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 of Waldwick, including any areas outside its boundaries which in the Board's judgment bear essential relation to the Planning Board of the Borough of Waldwick, in accordance with the provisions of N.J.S.A. 40:55D-28.
B.
To administer the provisions of the Zoning, Land Use and Development Code of the municipality in accordance with the provisions of said ordinance and the Municipal Land Use Law, c. 291, P.L. 1975.
[N.J.S.A. 40:55D-1 et seq.]
C.
To approve conditional use applications in accordance with the provisions of the Zoning, Land Use and Development Code pursuant to N.J.S.A. 40:55D-67.
D.
To exercise its power on the capital improvement program pursuant to article 4 of the New Jersey Municipal Land Use Law.
E.
To participate in the preparation and review of programs or plans required by State or federal law or regulations.
F.
To assemble data on a continuing basis as part of a continuous planning process.
G.
Pursuant to N.J.S.A. 40:55D-47, to waive notice on public hearing for applications for development if said application conforms to the definition of "minor subdivision" as defined in N.J.S.A. 40:55D-5.
H.
To consider and make report to the governing body within thirty-five (35) days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a.
I.
To consider and make report to the governing body relative to the adoption of any Official Map or any amendment thereto, pursuant to the provisions of N.J.S.A. 40:55D-26a.
J.
Whenever the proposed development requires approval pursuant to this act of a subdivision, site plan or conditional use (but not a variance pursuant to N.J.S.A. 40:55D-70(d), the Planning Board shall have the power to grant, to the same extent and subject to the same restrictions as the Board of Adjustment, variances, pursuant to N.J.S.A. 40:55D-70. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include a reference to the request for a variance or direction for issuance of a permit, as the case may be. 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 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 Land Use and Development Code
[Amended 2-12-85 by Ord. No. 2-85]
K.
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 officials, pursuant to N.J.S.A. 40:55D-26b.
§ 97-12 Time limits.
A.
Minor subdivisions. Minor subdivision approvals shall be granted or denied within forty-five (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 one hundred ninety (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 is 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.
B.
Preliminary approval of major subdivisions. Upon submission of a complete application for a subdivision of ten (10) or fewer lots, the Planning Board shall grant or deny preliminary approval within forty-five (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 ten (10) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (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.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 97-11 of this ordinance, the Planning Board shall grant or deny approval of the application within one hundred and twenty (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.
D.
Final approval.
1.
Application for final subdivision approval shall be granted or denied within forty-five (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 ninety-five (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 one hundred ninety (190) days from the date of signing of the plat.
§ 97-13 Procedure for filing applications.
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of c. 291, P.L. 1975, shall be filed with the Borough Clerk. The applicant shall file, at least fourteen (14) days before the date of the monthly meeting of the Board, nine (9) copies of a sketch plat, nine (9) copies of an application for minor subdivision approval, nine (9) copies of an application for major subdivision approval or nine (9) copies of an application for site plan review, conditional use approval or planned development. At the time of filing the application, but in no event less than ten (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 ordinance or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Borough Clerk. The Borough Clerk shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
§ 97-14 Citizens' Advisory Committee.
The Mayor may appoint one (1) 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.