A. 
There is hereby established in the Township pursuant to N.J.S.A. 40:55D-23, a Planning Board of nine members consisting of the following four classes:
(1) 
Class I: the Mayor or the Mayor's designee in the absence of the Mayor.
(2) 
Class II: one of the officials of the Township, other than a member of the Township Committee, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
(3) 
Class III: a member of the Township committee to be appointed by it.
(4) 
Class IV: six other citizens of the Township to be appointed by the Mayor.
B. 
The members of Class IV shall hold no other municipal office, position or employment, except that one such member may be a member of the Zoning Board of Adjustment or the Historic Preservation Commission, if any, and one 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 unless there be among the Class IV members of the Planning Board a member of the Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of a municipal office. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.
C. 
There shall also be not more than two alternate members, who are municipal residents, appointed by the Mayor who shall be designated by the Mayor as Alternate No. 1 and Alternate No. 2. Alternate members shall meet the qualifications for Class IV members of nine-member Planning Boards.
D. 
Alternate members may participate in all matters, but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by ordinance of the governing body pursuant to N.J.S.A. 40:55D-23. 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. An alternate member shall not serve as Chairman or Vice Chairman of the Planning Board.
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23 or 40:55D-23.1 from acting on a matter due to the member's personal or financial interest therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority or continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.
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, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or 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 the two 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 member shall expire in any one year. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.
C. 
The term of a Class IV member who is also a member of the Board of Adjustment or a Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
D. 
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 Township Committee, provided 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 run from January 1 of the year in which the appointment is made.
E. 
The Mayor's designee shall serve at the pleasure of the Mayor and shall cease to serve upon termination of the Mayor's term. The Mayor shall make his designation in writing and file same with the Township Clerk who shall keep same on record and available for public inspection; and a change of designee shall be effected in like manner. The Mayor's designee shall not be considered to be a member of the Board but shall vote in place or stead of the Mayor. In any matter wherein the Mayor would be disqualified from acting, the Mayor's designee shall likewise be disqualified.
If a vacancy in 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 be either a member of the Planning Board or a municipal employee designated by it.
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 Township Attorney.
In addition, the Planning Board may also employ or contract for the service of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts and grants, the amount appropriated by the Township Committee for its use.
The Planning Board shall be authorized to adopt bylaws governing its procedural operation. 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 Township, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Township in accordance with the provisions of N.J.S.A. 40:55D-28. In accordance with the provisions of N.J.S.A. 40:55D-89, the Planning Board shall, at least every 10 years, request the governing body to budget funds to provide for a general reexamination of the Master Plan and development regulations by the Board and for such purpose may employ the services of a planner and an attorney. A reexamination report shall in accordance with the statute be completed by August 1, 2006, and thereafter at least once every 10 years from the previous reexamination. The report shall be in the form required by said statute.
B. 
To administer the provisions of the land subdivision and site plan review provisions of this chapter in accordance with is provisions and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C. 
To hear applications for conditional uses and, in proper cases, to approve conditional use permits in accordance with provisions of this chapter 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 annually prepare a program of municipal capital improvements projects projected over a term of six years, and amendments thereto, and recommend the same to the Township Committee.
G. 
To consider and report to the Township Committee, within 35 days after referral, 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 Township Committee pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, 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-70c.
(2) 
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or a structure in the bed of a mapped street or a public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32; and
(3) 
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
(a) 
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.
(b) 
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.
I. 
To consider and make a report within 45 days of its receipt upon any petition for annexation submitted to the governing body of the municipality and referred to the Planning Board pursuant to N.J.S.A. 4:1C-21c.
J. 
To review a petition for inclusion of a parcel in a municipally approved Farmland Preservation Program pursuant to N.J.S.A 4:1C-21c.
K. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Committee for other agencies or officers.
L. 
Review and make recommendations with respect to any capital project proposed by a public agency necessitating the expenditure of public funds by the Township or any special district therein, or other authority, school board or other similar public agency, state, county or municipal in accordance with N.J.S.A. 40:55D-31.
A. 
Minor subdivision. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board and within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision is filed by the developer and with the county recording officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed shall be signed by the Chairman and Secretary of the Planning Board before it shall be accepted for filing by the county recording officer.
(1) 
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed, as hereinabove set forth, if a developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing said map because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(2) 
The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was banned or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
B. 
Preliminary approval of 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 or site plan, etc. Preliminary approval of a major subdivision shall confer upon the applicant for a period of three years from the date on which the resolution of preliminary approval was adopted all the rights specified in N.J.S.A. 40:55D-49, including the right to apply for extensions thereof as set forth in said section.
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 this chapter, 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 administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
D. 
Final approval. 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. 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.
(1) 
The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if a developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extensions shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.
(2) 
The zoning rights applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval was adopted. Extensions of final approval may be granted pursuant to the provisions of N.J.S.A. 40:55D-52.
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 Secretary of the Planning Board. The applicant shall file, at least 14 days before the date of the meeting of the Board at which the matter is scheduled to be heard, 12 copies of a sketch plat, 12 copies of applications for minor subdivision approval, 12 copies of applications for major subdivision approval or 12 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 provision 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.
The Mayor may appoint one or more persons 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 to the natural resources of the Township, the Planning Board (or the Zoning Board of Adjustment when exercising site plan or subdivision powers) shall make available to the Environmental Commission an informational copy of every application for development to the Board. An informational copy of every application affecting a historic site or historic district shall also be made available to any Historic Preservation Commission established in the Township. Failure of the Planning Board or Zoning Board of Adjustment to make such informational copies available to the Environmental Commission or the Historic Preservation Commission (if any), shall not invalidate any hearing or proceeding. When the Environmental Commission or Historic Preservation Commission (if any) has filed a report or recommendation with the Board, the Board shall consider and comment upon such report in making its final decision on the application.
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.