Pursuant to the provisions of N.J.S.A. 40:55D-23, a Planning Board consisting of nine members is hereby established and created.
For convenience in designating the manner of their appointment, the members constituting the Planning Board shall consist of and be divided into the following four classes:
A. 
Class I: The Mayor, or the Mayor's designee in the absence of the Mayor.
[Amended 10-27-2001 by Ord. No. 36-98]
B. 
Class II: An official of the City other than a member of the City Council to be appointed by the Mayor; 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 be among the Class IV or alternate members both a member of the Zoning Board of Adjustment and a member of the Board of Education.
[Amended 10-27-2001 by Ord. No. 36-98]
C. 
Class III: A member of the City Council to be appointed by it.
D. 
Class IV: Six citizens to be appointed by the Mayor.
E. 
Alternate class.
(1) 
Alternate members of the Planning Board, who shall attend all Planning Board meetings and be utilized by the Chairman of the Planning Board when the full regular membership of the Board is not in attendance, shall not exceed two in the Class IV category, to be appointed by the Mayor. They shall serve for terms of two 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. Such alternate member shall be designated by the Mayor at the time of appointment as "Alternate No. 1" and "Alternate No. 2" and shall serve during the absence or disqualification of any regular member or members of Class IV.
(2) 
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. (See N.J.S.A. 40:55D-23.1.)
A. 
All members of the Planning Board shall serve without compensation, and the members of Class IV shall hold no other municipal office except that one member may be a member of the Board of Adjustment and one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board shall be a Class IV member except as specified in § 69-5.
B. 
The term of the member composing Class I shall correspond with his 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 official tenure. The terms of the members composing Class II and Class III shall be for one year or termination 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 II or 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 comes first.
[Amended 10-27-1998 by Ord. No. 36-98]
C. 
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 occurs first.
D. 
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 term shall be evenly distributed over the first four years after their appointment as determined by resolution of the City Council; 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 term for which they were appointed. Thereafter all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
E. 
Members may, after a public hearing, be removed for inefficiency, neglect of duty or malfeasance in office by the officer or body appointing them.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment in the manner herein specified.
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. 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.
[Amended 10-27-1998 by Ord. No. 36-98]
There is hereby created the Office of Planning Board Attorney. The Planning Board may annually appoint, 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 and licensed to practice in New Jersey.
The Planning Board is authorized to adopt bylaws governing its procedural operation. 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 municipality, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To reexamine its Master Plan and development regulations at least every six years as provided by the City Council and prepare a report on the findings of such a reexamination in accordance with N.J.S.A. 40:55D-89.
C. 
To administer the provisions of the land subdivision ordinance of the City,[1] including the granting of final approval of subdivision plats, in accordance with said ordinance and N.J.S.A. 40:55D-1 et seq. A Subdivision Committee may be appointed by the Chairman, with the approval of the Board, and the Board is empowered to waive full notice and hearing and favorable referral by a majority of the Board on a subdivision where no new street is shown and where the Committee finds no cause for review by the entire Board or for unfavorable action upon the subdivision.
[1]
Editor's Note: See Ch. 300, Subdivision of Land.
D. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
E. 
To assemble data on a continuing basis of a continuous planning process.
F. 
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend the same to the governing body.
G. 
To consider and make a report(s) 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-26b.
H. 
Planning Board review in lieu of Board of Adjustment.
(1) 
The Planning Board when reviewing applications for approval of subdivision plats, site plans or conditional uses shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(a) 
Variances pursuant to N.J.S.A. 40:55D-70c.
(b) 
Direction pursuant to N.J.S.A. 40:55D-1 et seq. for issuance of a permit for a building or structure in the bed of a mapped street or public area reserved pursuant to Section 23 of this act;[2] and
[2]
Editor's Note: "Section 23 of this act" refers to N.J.S.A. 40:55D-32.
(c) 
Direction pursuant to N.J.S.A. 40:55D-1 et seq. for issuance of a permit for a building or structure not related to a street.
(2) 
Whenever relief is requested pursuant to this subsection, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
(3) 
Whenever possible and beneficial to the community, the Planning Board shall require consolidation of adjoining nonconforming lots, owned by one person, when development or a variance is requested. Within 30 days of any approval of consolidation, the Planning Board shall notify the Tax Assessor's office of such consolidation. The Tax Assessor is to implement the consolidation on the tax records within 30 days and send a notice thereof to the Planning Board.
I. 
Matters for review and recommendation.
(1) 
To pass on matters referred to it for review and make recommendation with respect to the location, character and extent of any project of the City Council or other public body, and the City Council or other public body shall not act thereon without such recommendation or until 45 days have elapsed without it, except that such reference shall not extend the time for action by the referring body.
(2) 
The Planning Board shall pass upon other matters specifically referred to it from time to time by the City Council, and final action on such matters shall not be taken until the Planning Board has submitted its report or 60 days have elapsed without such report from the date the matter was referred from the City Council.
[Amended 10-27-1998 by Ord. No. 36-98]
(3) 
Any recommendation of the Planning Board to the City Council or any other body may be overridden by a majority of the full membership. A majority vote of the City Council shall be necessary to sustain any vote of any other body which has overridden a Planning Board recommendation.
J. 
To pass on any amendments or changes of any nature to Chapter 345, Zoning. In addition, the Planning Board at all times shall have the power to suggest amendments to the zoning ordinance or any other ordinance having to do with the physical development of the City.
K. 
To review and consider applications for scattered site housings pursuant to Ordinance No. 22-98, Code § 345-56.
[Added 2-23-1999 by Ord. No. 8-99]
A. 
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 69-10H, 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 Zoning Officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
[Amended 10-27-1998 by Ord. No. 36-98]
B. 
Preliminary and final subdivision approval shall be made in accordance with Chapter 300, Subdivision of Land, § 300-5, Application procedure.
The Mayor may appoint one or more persons as a Citizens' Advisory Committee on Planning to assist the Planning Board, but the Committee shall have no power to vote or take other action required of the Board. The Committee shall serve at the pleasure of the Mayor.
Whenever the Environmental Commission shall prepare and submit to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
A. 
Any exception or variance from this section granted by the Planning Board to the applicant permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless construction, alteration or conversion shall have actually commenced on each and every structure permitted by such variance or unless such permitted use has actually been commenced within one year from the date of publication of the notice of the judgment or determination of the Planning Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Planning Board to the Council, or to a court of competent jurisdiction, until the termination in any manner of such appeal of proceeding.
B. 
Notwithstanding anything to the contrary set forth in this section, whenever such exception or variance shall be granted in conjunction with a final approval of a site plan or major subdivision, the validity of such exception or variance shall be extended for the initial two-year time period and any subsequent one-year extensions that the applicant may obtain under N.J.S.A. 40:55D-52.