There is hereby established pursuant to the Act in the Borough of Lincoln Park a Planning Board of nine members consisting of the following four classes:
A. 
Class I: 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 other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education.
A. 
The term of the member composing Class I shall correspond with his official tenure. The term 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.
B. 
The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the 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.
C. 
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practical extent the expiration of such terms shall be evenly distributed 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 term for which they are appointed. Thereafter all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
A. 
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.
B. 
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by Subsection b of N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interests 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 of Adjustment shall make the choice.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Planning Board shall annually elect a Chairperson and Vice Chairperson from the members of Class IV and select a Secretary who may or may not 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 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 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 reexamine and/or amend a master plan for the physical development of the Borough in accordance with the provisions of N.J.S.A. 40:55D-28 and 40:55D-89.
B. 
To administer the provisions of Articles IV, V, VI, VII, VIII, IX, X, XII, XIV, XV and XVI of this chapter and pursuant to the Act.
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. 
When authorized by resolution of the governing body, to prepare a 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 report 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 governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
G. 
To approve conditional uses in accordance with the provisions of Chapter 28, Zoning, of the Code of the Borough of Lincoln Park pursuant to N.J.S.A. 40:55D-67.
H. 
Grant of relief.
(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 § 17-3.10A(3) of this chapter.
(b) 
Direction pursuant to § 17-3.11A of this chapter for issuance of a permit for a building or structure in the bed of a street or public drainageway, flood control basin or public area reserved pursuant to this chapter.
(c) 
Direction pursuant to the Act 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.
(3) 
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, the site plan or conditional uses. 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 Chapter 28, Zoning.
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 review and make recommendation as to the location, character and content of capital projects in conjunction with the Master Plan, upon reference from the governing body or other public agency having jurisdiction thereof, pursuant to N.J.S.A. 40:55D-31.
A. 
Pursuant to the provisions of N.J.S.A. 40:55D-23.1, the Mayor shall appoint two alternate members to the Planning Board, who shall meet the qualifications of Class IV members.
B. 
Alternate members shall be designated at the time of appointment by the Mayor as Alternate No. 1 and Alternate No. 2. The terms of the 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 shall expire in any one year; provided, however, 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 Mayor for the unexpired term only.
C. 
Alternate members may participate in discussion of the proceedings but may not vote except in the absence or disqualification of a regular member. 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.
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.
If the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question, the Planning Board, when acting upon applications for major or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval, and to the same extent, when acting upon major or minor site plan or conditional use approval, shall have the power to grant such exceptions from the respective applicable requirements thereof, all as may be reasonable and within the general purpose and intent of the provisions of this chapter.