A. There is hereby established pursuant to P.L. 1975, c.291, in the Village of Ridgefield Park, a Planning Board of nine (9) members consisting of the following four (4) classes:

(1) Class 1: the Mayor.

(2) Class 11: one (1) 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 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 or alternate members of the Planning Board.

(3) Class III: a member of the governing body, to be appointed by the governing body.

(4) Class IV: six (6) other citizens of the municipality to be appointed as alternates, all such appointments to be made by the Mayor. The members of Class IV shall hold no other municipal office, except that one (1) regular member may be a member of the Zoning Board of Adjustment and one (1) 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 be 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, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.

B. Terms.

(1) The term of the member composing Class I shall correspond with his official 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, except for a Class II member who is also a member of the Environmental Commission. The term of a Class 11 or a Class IV member who is also a member of the Environmental Commission shall be for three (3) years or terminate at the completion of his 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 the 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 comes first. The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms 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 terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the term for 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.

(2) Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1 " and "Alternate No. 2." 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 (1) alternate member shall expire in any one (1) year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two (2) years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only. No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause. 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.

C. Vacancies.

If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired term.

D. Powers and duties.

The Planning Board shall exercise the following powers and duties:

(1)To make, adopt and amend a Master Plan for the physical development of the municipality pursuant to the provisions of N.J.S.A. 40:5513-28.

(2) To administer the provisions of the subdivision and site plan regulations fo this chapter.

(3) To approve conditional use applications as authorized by state statute.

(4) To participate in the preparation and review of programs or plans required by state or federal law or regulations.

(5) To assemble data on a continuing basis as part of a continuous planning process. (6) To consider and report to the governing body within thirty-five (35) days after referral of any proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:5513-26a and to pass upon other matters referred to it by the governing body pursuant to the provisions of N.J.S.A. 40:55-26b.

(7) In reviewing applications for approval of subdivision plats, site plans or conditional uses, to:

(a) Grant variances pursuant to N.J.S.A. 40:5513-60 and 40:5513-70c for lot area, lot dimensional, setback and yard requirements to the same extent and subject to the same restrictions as the Board of Adjustment.

(b) Direct the issuance of a permit for a building or structure either not related to a street (N.J.S.A. 40:5513-36) or in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map (N.J.S.A. 40:5513-32).

(c) Whenever relief is requested pursuant to this subsection, notice of the hearing on the application for development shall include reference to the application for a variance.

(8) To perform such other advisory duties as are assigned to it by ordinance or resolution for the aid and assistance of the governing body or other municipal agencies or officers.

(9) To review and make recommendations on such matters as the location, character or extent of capital projects, in accordance with N.J.S.A. 40:55D-31, to the governing body or other public agency having jurisdiction of capital projects necessitating the expenditure of public funds.

E. Applications.

Applications to the Planning Board shall conform to the appropriate provisions of this chapter.

F. Referrals.

In reviewing plats or any other matters referred to it, the Board may submit the data to any agency or individual for review and comment.

A. Organization of Board.

The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Board of Adjustment shall elect a Chairman and Vice Chairman from its membership. Both Boards shall select a Secretary and Assistant Secretary, who may or may not be a member of the Board or a municipal employee.

B. Attorney.

There is hereby created the office of Planning Board Attorney and the office of Attorney to the Board of Adjustment. Each Board may annually appoint, fix the compensation of or agree upon the rate of compensation of their respective Board Attorney, who shall be an attorney other than the Municipal Attorney.

C. Experts and staff.

Both Boards may employ or contract for the services of experts and other staff and services as they may deem necessary. Neither Board shall authorize expenditures which exceed, exclusive of the gifts or grants, an amount appropriated by the governing body for its use. Payment to experts shall be in accordance with 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), as amended on September 17, 1995.

D. Rules and regulations.

Each Board shall adopt such rules and regulations as are necessary to carry out its duties.

E. Conflicts of interest.

No member shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any member shall disqualify himself, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.

F. Meetings.

(1) Meetings shall be scheduled no less often than once a month, and any meeting shall be held as scheduled unless canceled for lack of applications for development to process.

(2) Special meetings may be called by the Chairman or on the request of any two (2) Board members, provided there is notice to the members and public in accordance with all applicable legal requirements.

(3) No action shall be taken at any meeting without a quorum being present. All actions shall be by majority vote of the members of the Board present at the meeting except where a specified portion of the full authorized membership is required: N.J.S.A. 40:55D-9, 40:55D-26,40:55D-34 and 40:55D-70d.

(4) All meetings shall be open to the public. Notice of meetings shall be given in accordance with the Open Public Meetings Law, Chapter 231, Laws of New Jersey 1975.

G. Minutes.

Minutes of regular and special meetings shall be kept and shall include the names of persons appearing and addressing the Board and of persons appearing by attorney, the action taken, the findings, if any, and reasons therefor. The minutes shall be made available for public inspection during normal business hours at the office of the Village Clerk. Any interested party shall have the right to compel production of the minutes and be charged a fee for their reproduction.

H. Hearing.

(1) Rules.

Both Boards may make rules governing the conduct of hearings. The rules shall be consistent with N.J.S.A. 40:55D-1 et. seq. and this chapter. The approving authority may waive the required notices and hearing for minor and exempt subdivisions and minor and exempt site plans except where a variance or conditional use is part of the application.

(2) Oaths.

The presiding officer or such person as he may designate shall have the power to administer oaths or issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et. seq.) shall apply.

(3) Testimony.

The testimony of all witnesses 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, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

(4) Evidence.

Technical rules of evidence shall not be applicable but irrelevant, immaterial or unduly repetitious evidence may be excluded.

(5) Records.

Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. Each Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense. The charge for a copy of the transcript shall not be more than the maximum permitted in N.J.S.A. 2A:11-15 and the transcript shall be certified in writing by the transcriber to be accurate.

(6) Certified Court Reporter.

If an applicant desires a certified court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the approving authority shall be at the expense of the applicant, who shall also arrange for the reporter's attendance.

(7) When any hearing before either Board shall carry to 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 absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all the hearing from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

I. Payment of Taxes.

Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or diligent on the property which is the subject of any such application; or, if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the Village will be adequately protected.

The approving authority shall hold a public hearing on each application for development, except that the approving authority may waive the required notices and hearing for minor and exempt subdivisions and site plans unless a variance or conditional use is part of the application. All public hearings conducted on subdivisions, site plans or variances before either the Board of Adjustment or Planning Board shall follow the requirements of the Municipal Land Use Law as summarized below (N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12):

A. Any maps and documents submitted for approval shall be on file and available for public inspection at least 10 days before the hearing date during normal business hours in the office of the administrative officer.

B. Each decision on any application shall be reduced to writing as specified in N.J.S.A. 40:55D- 10g and shall include findings of facts and conclusions based thereon. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application, and a resolution of memorialization shall be adopted to that effect in accordance with N.J.S.A. 40:55D-10g. Adoption of a resolution of memorialization shall not alter the time period required for rendering a decision, shall be adopted by a majority of the members of the approving authority who voted for the action on the application and no other member and shall be deemed a memorialization of an action taken and not to be an action of the approving authority. Failure to adopt such a resolution of memorialization within 45 days of rendering a decision on an application shall result in the approval of the application.

C. A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant, or if represented by an attorney, then to the attorney, and a copy shall also be filed in the office of the administrative officer. A brief notice of the decision shall also be published of which shall be arranged by the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

D. All notices shall state the date, time and place of the hearing, the nature of the matters to be considered and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers, and the location and time(s) at which any maps and documents are available for public inspection.

E. All hearing notices shall be the responsibility of the applicant and shall be given at least 10 days prior to the hearing date.

(1) Public notice shall be given by publication in the official newspaper of the Village, if there be one, or in a newspaper of general circulation in the municipality.

(2) Notice shall be given to the owners of all real property, as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to a condominium association in the case of any unit owner whose unit has a unit above or below it, or to a horizontal property regime in the case of any co-owner whose apartment has an apartment above or below it. This notice shall be given by either serving a copy thereof on the property owner as shown on the current tax duplicate, or his agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate.

(3) Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within two hundred (200) feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation within further notice to unit owners, co-owners or homeowners on account of such common elements or areas.

(4) Where a public hearing is required by this chapter, a notice of hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.

(5) Where a public hearing is required by this chapter, a notice shall be given by personal service or certified mail to:

(a) The County Planning Board where the hearing concerns a property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within two hundred (200) feet of a municipal boundary.

(b) The Commissioner of Transportation where the hearing concerns a property adjacent to a state highway.

(c) The Director of the Division of State and Regional Planning where the hearing concerns a property which exceeds one hundred fifty (150) acres or exceeds five hundred (500) dwelling units, and the notice to the Director shall include a copy of any maps or documents required to be on file with the administrative officer.

F. The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing. Any notice made by certified mail shall be deemed complete upon mailing.

These regulations shall not abate or modify any action, penalty, liability or right pending under any ordinance repealed by the adoption of this chapter except as expressly provided in this chapter.

Any appeal for a variance to allow a structure or use in a district restricted against such structure or use shall have one (1) copy forwarded to the Planning Board by the administrative officer, together with a notice of the hearing date. The Planning Board shall review the material and may make recommendations at the public hearing. The Planing Board's recommendations may contain, among other things, its opinion as to the compatibility of the proposal to the Master Plan; applications which may have been or are currently being processed by the Planning Board for similar uses elsewhere in the Village; land use, traffic and other data considered by the Planning Board to be relevant to the application; and what conditions, if any, it would recommend be imposed on the applicant to improve compatibility with the Master Plan and Zoning Ordinance should the Board of Adjustment grant the variance.

A. In case of any violation of this chapter, the Village or an interested party may institute appropriate action to prevent such violation; to restrain, correct or abate such violation; to prevent the occupancy of said structure or land; and to prevent any illegal act, conduct, business or use in or about such premises. Any person convicted such violations before a court of competent jurisdiction shall be subject to a penalty not to exceed five hundred ($500.) and/or ninety (90) days in jail. Each day shall be deemed a separate violation.

B. If before final subdivision approval any person as owner or agent transfer or sells, or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, any land which forms a part of a subdivision for which municipal approval is required, such person shall be subject to a penalty not to exceed one thousand dollars ($1,000.), and each lot disposition so made may be deemed a separate violation.

C. In addition, the Village may institute and maintain a civil action:

(1) For injunctive relief; and

(2) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the municipality has a Planning Board and has adopted by ordinance standards and procedures in accordance with N.J.S.A. 40:55D-38.

D. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title-closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six (6) years, if unrecorded.

E. See 96A-11, Permits