There is hereby established pursuant to c. 291, P.L. 1975, in the Town of Irvington, 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; provided that if there is an Environmental Commission, the 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 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.
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.
(1) 
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 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 unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
(2) 
Alternate members. The Mayor shall appoint two alternate members of Class IV, who shall serve for terms of two years; provided, however, that the initial terms of such members shall be one and two years, respectively. Such alternate members shall be designated by the Chairman as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members of Class IV.
[Added 9-26-1978 by Ord. No. MC 2546]
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 first occurs, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a 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 first occurs. 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 first occurs.
B. 
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 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 were 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.
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.
[Amended 3-8-1988 by Ord. No. MC 2849]
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and shall also, with the Board of Adjustment, select a Secretary who shall serve at the pleasure of the Boards and who shall be designated as "Secretary to the Planning Board and Board of Adjustment."
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint and 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 employ or contract for the services of experts and other staff and services as it may deem necessary.
The Board shall adopt and may amend such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. It shall also have the following powers and duties:
A. 
To make, adopt and from time to time amend a Master Plan for the physical development of the municipality, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of the Land Subdivision and Site Plan Review Ordinance of the Town of Irvington[1] in accordance with the provisions of said ordinance and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: See Ch. 560, Subdivision and Site Plan Review.
C. 
To approve conditional use applications in accordance with the provisions of the Zoning Ordinance[2] pursuant to N.J.S.A. 40:55D-67.
[2]
Editor's Note: See Ch. 650, Zoning.
D. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
E. 
To assemble data as part of a continuous planning process.
F. 
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Municipal Council.
G. 
To consider and report to the Municipal 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-26(a).
H. 
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, variances pursuant to N.J.S.A. 40:55D-70(c) from lot area, lot dimensional, setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot. 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 perform such other advisory duties as are assigned to it by ordinance or resolution of the Municipal Council, including matters referred to it pursuant to the provisions of N.J.S.A. 40:55D-26(b).
A. 
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval 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 with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary to the Planning Board and Board of Adjustment.
[Amended 3-8-1988 by Ord. No. MC 2849]
[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.
C. 
Ancillary powers. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 365-7H of this article, 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 Municipal Clerk 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 the 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.
[Amended 3-8-1988 by Ord. No. MC 2849]
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 to the Planning Board and Board of Adjustment. Applicants 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 applications 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 to the Planning Board and Board of Adjustment. The Secretary to the Planning Board and Board of Adjustment shall inform the applicant of the steps to be taken to initiate the applications and of the regular meeting dates of the Board.