There is hereby established in the Village of Ridgewood a Planning Board of nine (9) members and up to two (2) alternates, pursuant to the Municipal Land Use Law.

A. Membership; appointment. The Planning Board shall consist of four (4) classes of members, plus alternates, as follows:

(1) Class I: The Mayor of the Village, or the Mayor's designee in the absence of the Mayor.

(2) Class II: One (1) of the officials of the Village other than a member of the Village Council, to be appointed by the Mayor.

(3) Class III: A member of the Village Council to be appointed by it.

(4} Class IV: Six (6) Village residents to be appointed by the Village Council. The members of Class IV shall hold no other municipal office, position or employment, except that one (1) such member may be a member of the Zoning board of Adjustment or Historic Preservation Commission and one (1) such member may be a member of the Board of Education. For the purpose of this qualification, 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.

**Webmaster's Note: The previous paragraph has been amended as per Ord. No. 2657.

(5) One (1) member of the Environmental Commission, if one exists, shall be a Class IV member, unless there be among the Class IV or alternate members of the Planning Board both a member of the 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 the Environmental Commission shall be deemed a Class II member of the Planning Board.

(6) There shall be up to two (2) alternate members of the Planning Board, appointed by the Village Council. Alternate members shall meet the qualifications of class IV members of the Planning Board. If more than one alternate member is appointed, they shall be designated at the time of appointment by the Village Council as "Alternate No.1" and "Alternate No. 2".

B. Terms of office. The terms of office for Planning Board members shall be as follows:

(1) The term of the Class I member shall correspond to the Mayor's official tenure, or if the member is 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.

(2) The term of the Class II and Class III members 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.

(3) The term of a Class II or 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 occurs first.

(4) The term of a Class IV member who is also a member of the Zoning Board of Adjustment or Board of Education shall terminate when he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.

(5) The term of all Class IV members shall be for four (4) years, except as provided otherwise herein.

(6) The term of alternate members shall be for two (2) years, except that if more than one (1) alternate member is appointed, the terms of the alternate members shall be such that the term of not more than one 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.

(7) All terms shall run from the July 1 preceding the date on which the appointment is made.

(8) Nothing contained herein shall affect the terms of any present members of the Planning Board, all of whom shall continue as members until the completion of the terms for which they were appointed.

C. Planning Board committees. The Planning Board Chairman may appoint from among the members of the Board a Subdivision and Site Plan Committee to review, report and Make recommendations to the full Board regarding subdivision and site plan applications pending before the Board. The Planning Board Chairman may also appoint from among the members of the Board such other committees as the Chairman may deem advisable in carrying out the functions of the Planning

D. Powers and duties of the Planning Board. The Planning Board shall follow the provisions of the Municipal Land Use Law and this chapter, and accordingly shall have authority to:

(1) Prepare, adopt, and amend a master plan or component part thereof;

(2) Exercise control over and review of subdivisions, site plans and conditional uses, including certain variances and building permits. Notwithstanding the above, the Planning Board shall not have the power to review and approve site plans, subdivisions or conditional uses when such applications involve a "D" variance;

(3) Perform informal review of concept plans for development as provided by this chapter;

(4) Make recommendations to the Village Council concerning adoption or amendment of development regulations and an Official Map;

(5) Direct the issuance of building permits for buildings or structures in certain areas shown on an official Map, when such building permits also require subdivision, site plan or conditional use approval;

(6) Direct the issuance of building permits for buildings or structures on a lot not related to a street, when such building permits also require subdivision, site plan or conditional use approval;

(7) Make recommendations to the Village Council and/or any housing, parking, highway, special district or other authority, redevelopment agency, school board or other similar public agency, State, County or municipal, concerning the relationship of capital projects to the Master Plan pursuant to N.J.S.A. 40:55D-31;

(8) Prepare a capital improvements program, if authorized by the Village Council.

(9) Participate in the preparation and review of programs or plans required by State or federal law or regulation;

(10) Assemble data on a continuing basis as part of a continuous planning process; and

(11) Perform such other advisory duties as are assigned to it by ordinance or resolution of the Village Council for the aid and assistance of the Village Council or other agencies or officers.

There is hereby established in the Village of Ridgewood a Zoning Board of Adjustment of seven (7) members and up to two (2) alternates, pursuant to the Municipal Land Use Law.

A. Membership; appointment. Qualifications for and appointment as members of the Zoning Board of Adjustment shall be as follows:

(1) No member may hold any elective office or position under the Village.

(2) All members shall be citizens of the Village of Ridgewood.

(3) All members shall be appointed by the Village Council.

(4) If more than one alternate member is appointed, they shall be designated as "Alternate No. 1" and "Alternate No. 2" by the Village Council at the time of appointment.

B. Terms of office. The terms of office for Zoning Board of Adjustment members shall be as follows:

(1) The term of regular members shall be for four (4) years.

(2) The term of alternate members shall be for two (2) years, except that if more than one alternate member is appointed, the terms of the alternate members shall be such that the term of not more than one 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.

(3) All terms shall run from the July 1 preceding the date on which the appointment is made.

(4) Nothing contained herein shall affect the terms of any present members of the Zoning Board of Adjustment, all of whom shall continue as members until the completion of the terms for which they were appointed.

C. Powers and duties of the Zoning Board of Adjustment. The Zoning Board of Adjustment shall follow the provisions of the Municipal Land Use Law and this chapter, and accordingly shall have authority to:

(1) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the Zoning officer based on or made in the enforcement of the zoning regulations;

(2) Hear and decide requests for interpretation of the Zoning Map or zoning regulations or for decisions upon other special questions upon which the Board is authorized to pass by any zoning regulation or official map regulation, in accordance with this chapter and the Municipal Land Use Law;

(3) Hear and decide requests for variances. Notwithstanding the above, the Zoning Board of Adjustment shall not have the power to hear and decide variances if the application also requires subdivision, site plan or conditional use approval, unless the application involves a "D" variance;

(4) Exercise control over and review of subdivisions, site plans and conditional uses, only when such applications involve a "D" variance.

(5) Direct the issuance of building permits for buildings or structures in certain areas shown on an Official Map, unless such building permits also require subdivision, site plan or conditional use approval;

(6) Direct the issuance of building permits for buildings or structures on a lot not related to a street, unless such building permits also require subdivision, site plan or conditional use approval; and

(7) Prepare at least once a year, a report for the Village Council and Planning Board, based upon its review of its decisions on applications and appeals for variances since any previous report. The report shall be adopted by resolution of the Zoning Board of Adjustment, and shall comment on the zoning regulations which were the subject of variance requests, and shall make recommendations for any amendments to the zoning regulations that the Board may deem appropriate based upon prior variance applications.

There is hereby reconstituted a commission in the Village of Ridgewood to be known as "The Ridgewood Historic Preservation Commission" pursuant to the authority of N.J.S.A. 40:55D-107 et seq. The Commission shall consist of seven (7) regular members and one (1) alternate member, all of whom shall serve without compensation.

A. Membership; appointment. The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate member. At the time of appointment, members shall be designated by the classes described below. of the seven (7) regular members, at least three (3) members shall be of Classes A and B. At least one (1) member shall be of Class A and at least one (1) member shall be of Class B.

(1) Class A: A person who is knowledgeable in building design and construction or architectural history and who may reside outside the Village.

(2) Class B: A person who is knowledgeable or with a demonstrated interest in, local history and who may reside outside the Village.

(3) Class C: Citizens of the Village who shall hold no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment

(4) Alternate member: The alternate member shall meet the qualifications of Class C members.

B. Terms of office. The terms of office for Historic Preservation commission members shall be as follows:

(1) The terms of the members first appointed to the reconstituted Commission shall be so determined that to the greatest practical extent the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four (4) years after their appointment, and in the case of alternate members, evenly over the first two (2) years after their appointment; provided that the initial term of no regular member shall exceed four (4) years and that the initial term of no alternate member shall exceed two (2) years. Thereafter, the term of a regular member shall be four (4) years; the term of an alternate member shall be two (2) years.

(2) Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Historic Preservation Commission and, the Zoning Board of Adjustment shall be for the term of membership on the Zoning Board of Adjustment.

C. Responsibilities of Commission. The Historic Preservation commission shall have the following duties and responsibilities:

(1) To identify, record and maintain a system for survey and inventory of all buildings, sites, places, landmarks and structures of historical or architectural significance based on the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation (Standards and Guidelines for Identification); and to aid the public in understanding their worth, methods of preservation, techniques of gathering documentation and related matters;

(2) To advise the Planning Board on the relationship of the Historic Preservation Plan Element of the Master Plan to other Master Plan elements;

(3) To advise the Planning Board on the inclusion of historic sites and landmarks in the recommended Capital Improvement Program;

(4) To advise the Planning Board and Zoning Board of Adjustment on applications for development pursuant to N.J.S.A. 40:55D-110;

(5) To provide written reports pursuant to N.J.S.A. 40:55D111 on the application of the zoning provisions concerning historic preservation; and

(6) To carry out such other advisory, educational and informational functions as will promote historic preservation in the Village.

(7) The Commission shall have all of the responsibilities detailed in N.J.S.A. 40:55D-109 and as the same may hereafter be amended and supplemented.

D. Member participation. The following provisions shall govern participation of members of the Historic Preservation Commission, in addition to any other provisions that may apply by law:

(1) Conflict of interest. No regular, alternate or temporary member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Unless a member resides or owns property within two hundred (200) feet of property which is the subject of an application, mere residence in a designated historic district and/or ownership of a designated historic site or a nondesignated site within a district shall not be deemed a personal or financial interest.

(2) Participation of alternate members. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of regular members. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.

A. Vacancies. A vacancy in any membership position, including alternate members, occurring otherwise than by expiration of term shall be filled for the unexpired term only. Appointment of members to fill vacant positions shall be as above provided.

B. Removal of members. Any member or alternate member, other than the Class I member of the Planning Board, after a public hearing if requested by the member, may be removed by the Village Council for cause. Such hearing shall be conducted pursuant to the dictates of due process. The accused member shall receive at least thirty (30) days written notice of the hearing, which notice shall include the specific charges made. The accused member shall have the right to counsel. In the event that any member(s) of the Council have brought the charges, said Council member(s) shall not participate in the removal hearing or action.

C. Officers. Each Board or Commission shall elect a Chairperson and Vice Chairperson from their members, provided that in the case of the Planning Board, only Class IV members may hold such positions, and provided further that in the case of the Planning Board and the Zoning Board of Adjustment, no alternate members shall hold such positions. Each Board and Commission shall select a Secretary, who may or may not be a member or alternate member or municipal employee.

**Webmaster's Note: The previous paragraph has been amended as per Ord. No. 2657.

D. Attorney, other experts and staff. There is hereby created the positions of Attorney for the Planning Board and Attorney for the Zoning Board of Adjustment. Each board may employ, or contract for, and fix the compensation of legal counsel to fill such positions, who shall not be the Village Attorney. The Historic Preservation Commission shall obtain its legal counsel from the Village attorney at the rate of compensation determined by the Village Council, unless the Village council by appropriation provides for separate legal counsel for the Commission Each board or commission may also employ, or contract for, and fix the compensation of a licensed professional planning consultant or such other additional experts, staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Village Council for the Board's or commission's use.

E. Funding of expenses. The Village Council shall make provision in its budget and appropriate funds for the expenses of the Planning Board, the Zoning Board of Adjustment and the Historic Preservation Commission.

A. Rules and regulations. The Planning Board and Zoning Board of Adjustment shall adopt, and may amend reasonable rules and regulations, not inconsistent with this chapter, the Municipal Land Use Law or with any applicable ordinance, for the administration of their functions, powers and duties. A copy of the rules shall be maintained in the office of the Board Secretary, and shall be furnished to any person upon request. A reasonable fee may be charged for provision of a copy of the rules.

B. Meetings. The following provisions shall apply to the meetings of the Planning Board and Zoning Board of Adjustment:

(1) Schedule of meetings; special meetings. Each board shall by its rules fix the time-and place for holding its regular meetings. Regular meetings of each board shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The schedule of meetings shall be filed with the Village Clerk, posted upon the Village bulletin board, and sent to two (2) newspapers with circulation in the Village, one of which shall be the official newspaper of the Village. Each board may provide for special meetings, at the call of the Chairman, or on the request of any two of its members.

(2) Meetings open to public; executive sessions. All regular meetings and special meetings shall be open to the public except to the extent that the public may be excluded from any such meeting or portion thereof in accordance with requirements of the Open Public Meetings Act (P.L. 1975, c.231, N.J.S. 10:4-6 et seq.). Meetings shall be held on notice to the Board members and the public in accordance with this chapter and the open Public Meetings Act. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this chapter.

(3) Quorum; conflict of interest; appointment of additional members. No action shall be taken at any meeting without a quorum being present. No regular, alternate or temporary member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest,

(a) If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to a conflict of interest, 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. Regular members of the Zoning Board of Adjustment shall be called in order of seniority of continuous service to the Zoning Board of Adjustment. 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. There shall be called only the minimum number of members of the Zoning Board of Adjustment as are necessary to establish a quorum of the Planning Board to act on the matter.

(b) If the Zoning Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to a conflict of interest, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Zoning Board of Adjustment. Class IV members of the Planning Board shall be called in order of seniority of continuous service to the Planning Board. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice. There shall be called only the minimum number of Class IV members of the Planning Board as are necessary to establish a quorum of the Zoning Board of Adjustment to act on the matter.

(4) Majority vote required. All actions shall be taken by a majority vote of the members of the Board present at the meeting, except as otherwise provided by this chapter and the Municipal Land Use Law.

(5) Participation of alternate members. Alternate members may participate in all matters but may not vote except in the absence or disqualification of regular members of any class. Participation of alternate members shall not be deemed to increase the size of Planning Board or Zoning Board of Adjustment. 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.

**Webmaster's Note: The previous paragraph has been amended as per Ord. No. 2657.

(6) Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be available for public inspection during normal business hours at the office of the Board Secretary after their approval by the Board. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for his use.

C. Exclusive authority of boards. Any power expressly authorized by this chapter or the Municipal Land Use Law to the Planning Board or the Zoning Board of Adjustment shall not be exercised by any other body, except as otherwise provided by the Municipal Land Use Law.