A. 
There is hereby established pursuant to N.J.S.A. 40:55D-1 et seq. in the Borough of Stone Harbor a Planning Board of seven members consisting of the following four classes:
(1) 
Class I: The Mayor.
(2) 
Class II: One of the officials of the Borough other than a member of the Borough Council, to be appointed by the Mayor.
(3) 
Class III: A member of the Borough Council to be appointed by it.
(4) 
Class IV: Four other citizens of the Borough to be appointed by the Mayor.
B. 
The members of Class IV shall hold no other Borough office. A member of the Environmental Commission, if any, 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.
C. 
In addition to the members aforesaid, there shall be appointed two alternate members of the Planning Board as Class IV members.
A. 
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. 
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 distributed evenly over the first four years after their appointment as determined by resolution of the Borough 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 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 that the appointment is made.
C. 
Alternate members shall be appointed by the Mayor as Class IV members and shall be designated as Alternate No. 1 and Alternate No. 2. The terms of each alternate member shall be two years, except that the first term of office shall be so set to insure that only one such alternate member's term shall expire in any one year. A vacancy occurring otherwise than by expiration of the term shall be filled for the unexpired term only. 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 of any class shall occur otherwise than by expiration of term it shall be filled by appointment as above provided for the unexpired term.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a secretary who may but need not be a Board member or another Borough employee.
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 Borough Attorney.
The Planning and Zoning Boards 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 Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. 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 area 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. 
To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the Borough in accordance with the provisions of these ordinances, and the Municipal Land Use Law, Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
C. 
To approve conditional use applications in accordance with the provisions of Chapter 560, Zoning, pursuant to N.J.S.A. 40:55D-67.
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. 
To prepare a program of Borough capital improvement projects projected over a term of six years, and amendments thereto, at the request of Borough Council.
G. 
To consider and make a 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, as amended and/or supplemented from time to time.
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:
(1) 
Variances pursuant to N.J.S.A. 40:55D-70c, as amended and/or supplemented from time to time. 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 the case may be.
(2) 
Directions for issuance of permits pursuant to N.J.S.A. 40:55D-60 as amended and/or supplemented from time to time.
I. 
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.