[Amended 1-26-1979 by Ord. No. 2-1979; 2-17-2010 by Ord. No. 2-2010]; 11-2-2022 by Ord. No. 25-2022; 3-15-2023 by Ord. No. 9-2023]
The Planning Board previously established pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) is hereby continued in the Borough and shall consist of nine members consisting of the following four classes:
A. 
Class I: The Mayor, or the Mayor's designee in the absence of the Mayor.
B. 
Class II: One of the officials of the municipality other than a member of the governing body to be appointed by the Mayor.
C. 
Class III: A member of the governing body to be appointed by it.
D. 
Class IV: Six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no municipal office, position or appointment except that one member may be a member of the Board of Education. A 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 a Class IV Planning Board member.
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 term of a Class IV member who is also a member of the Board of Education shall terminate whenever he is no longer a member of such Board or at the completion of his Class IV term, whichever occurs first.
C. 
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 terms shall be distributed evenly over the first four years after their appointment as determined by resolution of the governing body; 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 provided. All terms shall run from January 1 of the year in which the appointment is made, unless an appointment is made to fill an unexpired term.
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 Chairperson and Vice Chairperson 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.
There is hereby created the position of Planning Board Attorney. The Planning Board my annually appoint 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 governing body of its use.
The Planning Board shall have the following powers:
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. 40:55D-28.
B. 
To exercise all powers granted to a Planning Board by the provisions of N.J.S.A. 40:55D-26a.
C. 
To administer the provisions of this article in accordance with the provisions of said ordinances and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)
D. 
To participate in the preparation and review of programs or plans required of the Planning Board by state or federal law of regulations.
E. 
To assemble data on a continuing basis as part of a continuous planning process.
F. 
Upon request, to assist the governing body in preparation of a program of municipal capital improvement projects and amendments thereto.
G. 
To consider and make reports 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-26a, and also pass upon other matters specifically referred to the Planning Board by the Mayor and Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
To review applications for conditional use approval.
I. 
To exercise, to the same extent and subject to the same restrictions, all the powers granted by law to a Zoning Board of Adjustment.
J. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
K. 
To annually prepare and adopt by resolution a report of its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any, be sent to the governing body.
A. 
There may be four alternate members of the Planning Board appointed by the Mayor and meeting the qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. I," "Alternate No. 2," Alternate No. 3," and "Alternate No. 4." The terms of the alternate members shall be for two years, except that the term of not more that two alternate members shall expire in any one year; and provided further 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/she has, either directly or indirectly, any personal or financial interest. An alternative member may, after public hearing if he/she requests one, be removed by the Mayor and Council for cause.
C. 
The 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.
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of P.L. 1975, c. 291[1] shall be filed with the Secretary of the Planning Board. The applicant shall file, at least 14 days before the date of the monthly meeting of the Board, 10 copies of a sketch plat, 10 copies of applications for minor subdivision approval, 10 copies of applications for major subdivision approval, or 10 copies of an application for site plan review, conditional use approval or planned development. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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.