There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq., in the Borough of Harrington Park, a Planning Board of seven members consisting of the following four classes:
A. 
Class I: the Mayor or the Mayor's designee in the absence of the Mayor.
[Amended 4-18-2011 by Ord. No. 658]
B. 
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 if there be an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be deemed to be the Class II Planning Board member for purposes of N.J.S.A. 40:56A-1 in the event that there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.
[Amended 5-16-1988 by Ord. No. 396]
C. 
Class III: a member of the governing body to be appointed by it.
D. 
Class IV: four other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment. No member of the Board of Education may be a Class IV member of the Planning Board. If there be a Municipal Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member unless there be among the Class IV or alternate members of the Planning Board both 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 common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this subsection, 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 municipal office.
[Amended 5-16-1988 by Ord. No. 396]
E. 
In addition, there shall be appointed to the Planning Board two alternate members designated as Alternate No. 1 and Alternate No. 2. One of the alternate members shall be appointed from the Harrington Park Zoning Board of Adjustment and the other from the Harrington Park Environmental Commission. Each member so appointed shall serve for the period prescribed by statute so long as long as they remain qualified members of their respective boards. The first appointment of Alternate No. 2 shall be for a one-year term.
[Added 1-30-1995 by Ord. No. 469[1]]
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
[Added 4-18-2011 by Ord. No. 658]
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23b or 40:55D-23.1 from acting on a matter due to the member's personal or financial interest therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Zoning 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 Chairperson of the Zoning Board shall make the choice.
A. 
The term of the member composing Class I shall correspond with the member's official tenure, or, if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure.
[Amended 4-18-2011 by Ord. No. 658]
B. 
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 the member's term of office as a member of the Environmental Commission, whichever occurs first.
[Amended 5-16-1988 by Ord. No. 396]
C. 
As terms of Class IV members holding office on the effective date of this chapter expire, all subsequent Class IV members shall be appointed for terms of four years except as otherwise herein provided. The term of a Class IV member who is also a member of the Zoning Board of Adjustment, or 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. 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.
[Amended 5-16-1988 by Ord. No. 396]
D. 
The terms of all members of the Planning Board shall run from January 1 of the year in which the appointment was made.
E. 
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. 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.
[Added 5-16-1988 by Ord. No. 396[1]]
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
[1]
Editor's Note: Former § 202-4, Vacancies, was repealed at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV and shall also select a Secretary, who shall be a member of the Planning Board.
The Planning Board shall annually appoint legal counsel, other than the Municipal Attorney, and may employ or contract for other staff and services as it may deem necessary and shall fix the compensation therefor; provided, however, that in no case shall the compensation for legal counsel and the costs of other staff and services exceed the amount appropriated by the governing body for Planning Board use, exclusive of gifts or grants.
The Planning Board is 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 Borough, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the Borough.
B. 
To administer the provisions of Chapter 303, Subdivision and Site Plan Review.
C. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
D. 
To assemble data on a continuing basis as part of a continuous planning process.
E. 
If required or directed by the governing body, to prepare an annual program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend the same to the governing body.
F. 
To consider and make reports to the governing body within 35 days after referral as to any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Planning Board by the governing body as provided by law.
G. 
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, from lot area, lot dimensional, setback and yard requirements.
[Amended 5-16-1988 by Ord. No. 396]
(2) 
Authorization for issuance of permits for buildings or structures in the bed of a mapped street or public drainageway, in a flood control basin or in a public area reserved on the Official Map.
(3) 
Authorization for the issuance of permits for buildings or structures not related to a street.
H. 
To grant conditional uses in accordance with the provisions of any appropriate ordinances of the Borough.
I. 
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.
J. 
To perform such other duties as are assigned to it under Chapter 350, Zoning.
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 by the Planning Board. Such person or persons shall serve at the pleasure of the Mayor.
[Amended 5-16-1988 by Ord. No. 396]
Whenever the Environmental Commission has prepared and submitted to the Planning Board and the Zoning Board of Adjustment an index of the natural resources of the municipality, the Planning Board or the Zoning Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development submitted to either Board. Failure of the Planning Board or Zoning Board of Adjustment to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
The Board shall adopt such rules and regulations not inconsistent with this chapter as may be necessary to carry into effect the provisions and purposes of this chapter.