A Planning Board is hereby established pursuant to the provisions of P.L. 1975, c. 291, Section 14 (N.J.S.A. 40:55D-23).
A. 
The Planning Board shall consist of seven members. For convenience in designating the manner of appointment, the membership shall consist of and be divided into the following classes:
(1) 
Class I: the Mayor
(2) 
Class II: one of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor, provided that the official meets the requirements as set forth in N.J.S.A. 40:55D-23 concerning Class II members.
(3) 
Class III: a member of the governing body, to be appointed by it.
(4) 
Class IV: other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except as provided by N.J.S.A. 40:55D-23.
B. 
Alternate members. The governing body shall appoint to the Planning Board not more than two alternate members. Alternate members shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members of nine-member Planning Boards as set forth in N.J.S.A. 40:55D-23. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No.2."
The term of the member composing Class I shall correspond to his official tenure. The terms of the members composing Classes II and III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first. The terms of all Class IV members first appointed under 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, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term.
No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member, other than a Class I member, after a public hearing if he requests one, may be removed by the Mayor and Council for cause.
When any hearing before a Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more 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 a transcript or recording of the meeting from which he was absent and certifies, in writing, to the Board that he has read such transcript or listened to such recording.
A. 
The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
B. 
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.
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 is to vote, Alternate No. 1 shall vote.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who may or may not be a member of the Planning Board or a municipal employee. It may employ or contract for and fix the compensation of legal counsel, other than the Township Solicitor, a professional planner, a professional engineer and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
A. 
The Planning Board shall follow the provisions of this chapter and shall exercise its power accordingly with regard to the following:
(1) 
The Master Plan pursuant to Article IX.
(2) 
Subdivision control and site plan review pursuant to Part 2 of this chapter.
(3) 
The Official Map pursuant to Article XI.
(4) 
The Zoning Ordinance, including conditional uses, pursuant to Part 3 of this chapter.
(5) 
The capital improvements program pursuant to Article X.
(6) 
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to § 91-33.
B. 
The Planning Board may:
(1) 
Participate in the preparation and review of programs or plans required by state or federal law or regulations.
(2) 
Assemble data on a continuing basis as part of a continuous planning process.
(3) 
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Mayor or the governing body for the aid and assistance of the governing body or other agencies or officers.
A. 
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, the following:
(1) 
Variances pursuant to § 91-150A(3) of this chapter.
(2) 
Direction pursuant to§ 91-44 of this chapter for issuance of a permit for a building or structure not related to a street.
(3) 
Direction pursuant to § 91-42 of this chapter for 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 § 91-41 of this chapter.
(4) 
Variances pursuant to Chapter 79, Flood Damage Prevention, from flood damage control.
B. 
Whenever relief is requested pursuant to this section, 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.
A. 
Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the governing body, within 35 days after referral, a report, including recommendations concerning the proposed development regulation, revision or amendment. The governing body, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. 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 subsection with regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.
B. 
Prior to the hearing on adoption of an ordinance providing for Planning Board approval of either subdivisions or site plans, or both, or any amendment thereto, the governing body shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to Subsection A of this section.
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 Board. Such person or persons shall serve at the pleasure of the Mayor.