A. 
Establishment. There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq., in the Borough of Pennington a Planning Board of nine members and two alternates consisting of the following four classes:
(1) 
Class I: the Mayor or his or her designee.
(2) 
Class II: one of the officials of the Borough other than a member of the Borough Council to be appointed by the Mayor; provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board shall be deemed to be the Class II Planning Board member if there is a member of the Board of Education among the Class IV members or alternates.
(3) 
Class III: a member of the Borough Council to be appointed by it.
(4) 
Class IV: other citizens of the Borough 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.
B. 
The two alternates shall be Class IV members. Alternates may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member of any class. Where the application for development involves relief pursuant to Subsection d of N.J.S.A. 40:55D-70 (a "d" variance), alternate members shall not participate in place of the legislatively excluded Class I and Class III members. This reduction in voting membership preserves the statutory scheme of N.J.S.A. 40:55D-70 requiring the affirmative vote of five members of the statutory seven-member board to grant a "d" variance.
The terms and conditions of the members of the Planning Board shall be as follows:
A. 
Terms.
(1) 
The term of the member composing Class I shall correspond to his/her 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, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his/her term of office as a member of the Environmental Commission, whichever comes first.
(2) 
The terms of all Class IV members first appointed pursuant to this article 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; that is, two for two years, two for three years and two for four years; provided, however, that no term of any member shall exceed four years. 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.
B. 
Removal for cause. Any member, other than a Class I member, after a public hearing, if so requested, may be removed by the Borough Council for cause.
C. 
Meeting carryover. When any hearing before the Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member has available to him or her a transcript or recording of the meeting and certified in writing that the transcript was read or recording listened to.
D. 
Absenteeism. Any Class IV Planning Board member may be removed by the Planning Board if he/she misses three regular meetings in a calendar year.
E. 
Service without compensation. Members of the Planning Board shall serve without salary but may be paid expenses incurred in the performance of duties.
F. 
Conflict of interest. No member shall be permitted to act on any matter in which he or she has, directly or indirectly, any personal or financial interest
If a vacancy of any class shall occur otherwise than by duration of term, it shall be filled by appointment as above provided for the unexpired term.
A. 
Chairpersons. There are hereby created the positions of Planning Board Chairperson and Vice Chairperson. The Planning Board shall entertain nominations and shall elect by majority vote a Chairperson and Vice Chairperson from the members of Class IV members. The Chairpersons shall be responsible for the running of the public hearings.
B. 
Subdivision/Site Plan Subcommittee. There is hereby created a subdivision/site plan subcommittee made up of three Board members. The Board shall entertain nominations and shall elect by majority vote the three Board members. The purpose of the Subdivision/Site Plan Subcommittee is to review the proposals in the applications and make recommendations to the Board as it relates to the subdivision/site plan aspects of the project, including those items required by the appropriate ordinance.
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.
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 Borough Council for its use.
The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this article. 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 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. c.40:55D-28.
B. 
To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance[1] of the Borough in accordance with the provisions of said ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: See Ch. 181, Subdivision of Land, and Ch. 163, Site Plan Review, respectively.
C. 
To approve conditional use applications in accordance with the provisions of the Zoning Ordinance[2] pursuant to N.J.S.A. 40:55D-67.
[2]
Editor's Note: See Ch. 215, Zoning.
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 as part of a continuous planning process.
F. 
At the request of Borough Council to prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Borough Council.
G. 
To consider and make report to the Borough Council 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 Borough Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, variances pursuant to Subsection c of N.J.S.A. 40:55D-70, from lot area, lot dimensional setback and yard requirements; provided that such relief from lot area requirements shall not be granted for more than one lot.
I. 
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as may be the case.
J. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other agencies or officers.
A. 
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed must be signed by the Chairperson and secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
B. 
Preliminary approval major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.
C. 
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, § 34-7H, of this article, the Planning Board shall grant or deny approval of the application within 95 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 Land Use Administrator as to the failure of the Planning Board to act shall be issued on request of the applicant.
D. 
Final approval.
(1) 
Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant.
(2) 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless, within such period, the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
A. 
Procedure for filing. Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1 et.seq. shall be filed with the Borough Land Use Administrator. Applicant shall file the completed application, fees and required number of plans no later than 30 days prior to the hearing date. Applicant shall file 20 copies of a sketch plat; 20 copies of applications for minor subdivision approval; 20 copies of application for major subdivision approval, or 20 copies of an application for site plan review, conditional use approval, or planned development. The applicant shall obtain all necessary forms from the Land Use Administrator. The Land Use Administrator shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
[Amended 10-4-2010 by Ord. No. 2010-12]
B. 
Complete application. An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board when so certified by the Board or its Subdivision/Site Plan Committee or the Land Use Administrator all as provided in N.J.S.A. 40:55D-10.3.
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.
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the Borough, 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.