[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. The Township has, by ordinance, created a Planning Board of nine
members, which shall continue to be constituted in accordance with
this section. All members of the Planning Board, except for the Class
II members set forth below, shall be municipal residents. The membership
shall consist of, for convenience in designating the manner of appointment,
the four following classes:
(1) Class I: the Mayor or the Mayor's designee in the absence of
the Mayor or, in the case of the council-manager form of government
pursuant to the Optional Municipal Charter Law, P.L. 1950, c.210 (N.J.S.A.
40:69A-1 et seq.) or "the municipal manager form of government law"
(N.J.S.A. 40:79-1 et seq.), the manager, if so provided by the aforesaid
ordinance.
(2) 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 this chapter
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.
(3) Class III: a member of the governing body to be appointed by it.
(4) Class IV: other citizens of the municipality, to be appointed by
the Mayor or, in the case of the council-manager form of government
pursuant to the Optional Municipal Charter Law, P.L. 1950, c.210 (N.J.S.A.
40:69A-1 et seq.) or "the municipal manager form of government law"
(N.J.S.A. 40:79-1 et seq.), by the council, if so provided by the
aforesaid ordinance.
B. The members of Class IV shall hold no other municipal office, position
or employment, except that in the case of nine-member boards, one
such member may be a member of the Zoning Board of Adjustment or Historic
Preservation Commission. No member of the Board of Education may be
a Class IV member of the Planning Board, except that in the case of
a nine-member board, one Class IV member may be a member of the Board
of Education. 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 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 municipal office.
[Amended at time of adoption of Code (See Ch. 1, General
Provisions, Art. II)]
A. The term of the member composing Class I shall correspond to the
Mayor's or manager'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.
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 his term
of office as a member of the Environmental Commission, whichever occurs
first. The term of a Class IV member who is also a member of the 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.
C. 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 appointments; 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.
D. No member of the Planning Board shall be permitted to act on any
matter in which he has, either directly or indirectly, any personal
or financial interest. 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.
E. The term of appointment of any class of member of the Planning Board
appointed pursuant to this section shall commence on January 1.
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.
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 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.