A. 
There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq. (Municipal Land Use Law), in the Township of Willingboro a Planning Board of seven members consisting of the following classes:
(1) 
Class I: the Mayor or the Mayor's designee in the absence of the Mayor or the Township Manager.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Class II: one of the officials of the Township, other than a member of the Township Council, to be appointed by the Mayor.
(3) 
Class III: a member of the Township Council to be appointed by it.
(4) 
Class IV: four other citizens of the Township to be appointed by the Township Council.
B. 
The members of Class IV shall hold no other municipal office. 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. Membership on a Township 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The term of the member composing Class I shall correspond with the Mayor'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. The terms of the members composing Class II and Class III shall be for one year or shall 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 shall terminate at the completion of the term of office as a member of the Environmental Commission, whichever occurs first. The term of all other Class IV members shall be for four years, provided that nothing herein shall affect the term of any present member of the Planning Board, each of whom shall continue in office until the completion of the term for which the member was appointed. All terms shall run from January 1 of the year in which the appointment was made.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
If a vacancy of any class shall occur otherwise than by expiration of a 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 the member requests one, may be removed by the Township Council for cause. The term "cause" shall include but not be limited to absence of a member from three consecutive regular meetings during one year, except for illness or other justified reason.
The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV and shall appoint a Secretary who may or may not be a member or alternate member of the Planning Board or a municipal employee.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 Township Council for its use.
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 Township, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of Chapter 205, Land Subdivision and Site Plan Review, of the Code of the Township of Willingboro in accordance with the provisions of such ordinances, the Official Map and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
To issue permits for conditional uses. The term "conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter 370, Zoning, of the Code of the Township of Willingboro and upon the issuance of an authorization therefor by the Planning Board. During the period that the reasonable interim Zoning Ordinance of the Township is in effect, the term "conditional use" shall also mean "special use" and "temporary use," as those terms are applied in §§ 370-78 and 370-108 of the Code of the Township of Willingboro, and the powers delegated therein to the Zoning Board of Adjustment shall instead be exercised by the Planning Board. The Planning Board shall either issue or deny issuance of a conditional use permit within 95 days of submission of a complete application therefor by a developer to the Clerk, or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use shall include any required site plan review. The time period for action by the Planning Board on conditional uses shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
D. 
To participate in the preparation and review of programs or plans required by state or federal law or regulation.
E. 
To assemble data on a continuing basis as a part of a continuous planning process and to submit a report annually to the Township Council thereon.
F. 
To annually prepare a program of Township capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Township Council.
G. 
To consider and make report to the Township 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 to pass upon other matters specifically referred to the Planning Board by the Township Council or the Zoning Board of Adjustment, pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
Variances and permits.
(1) 
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:
(a) 
Variances pursuant to N.J.S.A. 40:55D-70c.
(b) 
Direction pursuant to N.J.S.A. 40:5D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(c) 
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.
(2) 
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.
I. 
To exercise its power in regard to the Official Map pursuant to Article 5 of the Municipal Land Use Law (N.J.S.A. 40:55D-32 et seq.).[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Council for the aid and assistance of the Township Council or other agencies or officers.
The Planning Board shall exercise its powers for the granting or denying of approval for minor and major subdivisions and for site plans in accordance with the time limitations set forth in Chapter 205, Land Subdivision and Site Plan Review, §§ 205-11, 205-21, 205-22, 205-53 and 205-54. Additionally, whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 60-7H, 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 Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.
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 or the Zoning Board of Adjustment an index of the natural resources of the Township, 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 the 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 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.
There is hereby established a Planning Board Subdivision Committee to consist of three members of the Planning Board appointed by the Chairperson, which shall exercise such powers as established by ordinance.
There shall be two alternate members in Class IV of the Planning Board. The alternate members shall serve for terms of two years, provided that the initial terms of such alternate members shall be one and two years, respectively. They shall be appointed by the Township Council. At the time of their appointment, the Mayor shall designate the alternate members as "Alternate No. 1" and "Alternate No. 2." A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only. No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause. 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).