There is hereby established the City of Millville Planning Board which shall consist of nine regular members and two alternate members. The regular members shall be appointed as follows from the following four classes:
A. 
Class I: the Mayor, whose term on the Planning Board shall correspond to his official tenure in office.
B. 
Class II: one of the officials of the City other than a member of the governing body to be appointed by the Mayor subject to the limitations contained in N.J.S.A. 40:55D-23. The term of the member composing Class II shall be for one year or terminate at the completion of his or her respective term of office, whichever occurs first.
C. 
Class III: one member of the governing body of the City to be appointed by it. The term of the member composing Class III shall be for one year or terminate at the completion of his or her respective term of office, whichever occurs first.
D. 
Class IV: six other citizens of the City to be appointed by the Mayor. The members of Class IV shall hold no other City office, position or employment, except that one member may be a member of the Zoning Board of Adjustment and one member may be a member of the Board of Education. There are two other municipal positions on commissions referred to in N.J.S.A. 40:55D-23. The term of a Class IV member who is also a member of the Zoning Board of Adjustment or Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first. The terms of Class IV members cannot exceed 4 years and shall be staggered so that the Class IV terms shall be distributed evenly in accordance with the provisions of N.J.S.A. 40:55D-23.
E. 
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
A. 
The Mayor shall appoint four alternate members to the City of Millville Planning Board: Alternate No. 1, Alternate No. II, Alternate No. III and Alternate No. IV.
[Amended 8-3-2022 by Ord. No. 33-2022]
B. 
The initial terms of the alternate members shall not exceed two years and shall be staggered in accordance with the provisions of N.J.S.A. 40:55D-23.1. Thereafter, the term of each alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
C. 
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.
[Amended 10-4-2022 by Ord. No. 44-2022]
The Board of Commissioners may remove for cause a member of the Planning Board after a public hearing, if he or she requests it. Written notice of the hearing shall be given at least 20 days prior thereto by certified and regular mail sent to the member's last known address.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary, who may or may not be a member of the Planning Board or a municipal employee, and create and fill such other offices as established by ordinance.
[Amended 2-7-2023 by Ord. No. 4-2023]
The Planning Board may employ or contract for and fix the compensation of legal counsel, other than the City Attorney. It may employ or contract for experts and other staff and services as it deems necessary. However, the Planning Board shall not exceed the amount appropriated by the City Commission for its use, exclusive of gifts or grants.
The Planning Board shall follow the provisions of the Municipal Land Use Law and shall accordingly exercise its power in regard to:
A. 
The Master Plan pursuant to Article 3 of the Municipal Land Use Law.
B. 
The capital improvement program pursuant to Article 4 of the Municipal Land Use Law.
C. 
The Official Map pursuant to Article 5 of the Municipal Land Use Law.
D. 
Subdivision control and site plan review pursuant to Article 6 of the Municipal Land Use Law.
E. 
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to Article 7 of the Municipal Land Use Law.
F. 
The Zoning Ordinance, including conditional uses, pursuant to Article 8 of the Municipal Land Use Law.
G. 
The Planning Board may participate in the preparation and review of programs or plans required by state or federal law or regulation.
H. 
The Planning Board may assemble data on a continuing basis as part of a continuous planning process.
I. 
The Planning Board may perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body of the City for the aid and assistance of the governing body or other agencies or officers.
A. 
Prior to the adoption, revision or amendment of a land use and development regulation, the Planning Board shall make and transmit a report to the governing body of the City within 35 days after referral. The report shall identify any provisions in the proposed land use and development regulation which are inconsistent with the Master Plan and provide recommendations concerning these inconsistencies and any other matters as the Planning Board deems appropriate. When considering the adoption of the proposed land use and development regulation, the governing body shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of the majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the governing body from the requirements of this section in regard to the proposed land use and development regulation.
B. 
The governing body of the City may provide by ordinance for the referral of any matter or class of matters to the Planning Board before final action is made by a municipal body or municipal officer having final authority to act thereon, except any matter under the jurisdiction of the Board of Adjustment. Whenever the Planning Board shall have made a recommendation regarding a matter referred to it by the governing body of the City, such recommendation may be rejected by a municipal body only by a vote of a majority of its full authorized membership. Failure of the Planning Board to make a recommendation within 35 days after the referral shall relieve the other municipal body of the voting requirement contained herein.
A. 
Whenever the proposed development requires approval pursuant to this chapter of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(1) 
Variances pursuant to N.J.S.A. 40:55D-70.
(2) 
Direct the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32 and 34.
(3) 
Direct the issuance of a permit for a building or structure not related to a street pursuant to N.J.S.A. 40:55D-36.
B. 
Whenever relief is requested pursuant to this section, the 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.
The Mayor may appoint one 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 Planning Board. Such person or persons shall serve at the pleasure of the Mayor.
The governing body of the City may by ordinance establish an Environmental Commission pursuant to N.J.S.A. 40:56A-1. If an Environmental Commission is established, it shall prepare and submit to the Planning Board and the Board of Adjustment an index of the natural resources of the City. The Planning Board or the Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development submitted to either Board. Failure of the Planning Board or Board of Adjustment to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.