[Amended 12-10-1996 by Ord. No. 96-14]
The Planning Board as heretofore established
pursuant to N.J.S.A. 40:55D-90b is hereby continued. The Planning
Board shall have nine members consisting of the following four classes:
A.Â
Class I: the Mayor.
B.Â
Class II: one of the officials of the municipality
other than a member of the governing body to be appointed by the Mayor.
C.Â
Class III: a member of the governing body to be appointed
by it.
D.Â
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 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.
A.Â
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 year or terminate at the completion
of their respective terms of office, whichever occurs first. The term
of the Class IV member who is also a member of the Environmental Commission
shall be for three years or terminate at the completion of his term
of office as a member of the Environmental Commission, whichever occurs
first.
B.Â
The term of a Class IV member who is also a member
of the Board of Education shall terminate whenever he/she is no longer
a member of such Board or at the completion of his/her Class IV term,
whichever occurs first.
C.Â
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 distributed
evenly over the first four years after their appointment as determined
by resolution of the governing body; provided, however, that no term
of any member shall exceed four 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 terms for which they were appointed. Thereafter all Class IV members
shall be appointed for terms of four years, except as otherwise hereinabove
provided. All terms shall run from January 1 of the year in which
the appointment is made, unless an appointment is made to fill an
unexpired term.
Alternate members may be appointed to the Planning
Board for Class IV members and shall meet the qualifications of Class
IV members of a nine-member Planning Board. Alternate members shall
be designated at the time of their appointment by the Mayor as "Alternate
No. 1" and "Alternate No. 2." The terms of the alternate members shall
be for two years, except that the term of the alternate members shall
be such that the term of not more than one alternate member shall
expire in any one year; provided, however, that in no instance shall
the terms of the alternate members just appointed exceed two years.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only. 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.
If a vacancy in any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term. Any member other than a Class I member,
after a public hearing if he requests one, may be removed by the governing
body for cause.
The Planning Board shall elect a Chairman and
Vice Chairman from the Class IV members and select a Secretary who
may be either a member of the Planning Board or a municipal employee
designated by it.
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.
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 exceed, however, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
The Planning Board shall adopt such rules and
regulations as may be necessary to carry out the provisions and purposes
of this chapter. It shall also have the following powers and duties:
A.Â
To make and adopt and from time to time amend a Master
Plan for the physical development of the Borough, including any areas
outside its boundaries which, in the Board's judgment, bear essential
relation to the planning of the Borough, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.Â
C.Â
To participate in the preparation and review of programs
or plans required of the Planning Board by state or federal law or
regulations.
D.Â
To assemble data on a continuing basis as part of
a continuous planning process.
E.Â
Upon request, to assist the governing body in preparation
of a program of municipal capital improvement projects and amendments
thereto.
F.Â
To consider and make report to the governing body
within 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,
and also pass upon other matters specifically referred to the Planning
Board by the Mayor and Borough Council, pursuant to the provisions
of N.J.S.A. 40:55D-26b.
G.Â
To review applications for conditional use approval.
H.Â
To exercise, to the same extent and subject to the
same restrictions, all the powers granted by law to the Planning Board.
[Amended 12-10-1996 by Ord. No. 96-14]
I.Â
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 officers.
Class I and Class III members of the Planning
Board shall not participate in the consideration of any applications
for development which involve relief pursuant to N.J.S.A. 40:55D-70d.