Pursuant to the provision of Chapter 291, Laws of N.J. 1975,
Section 81b, the Planning Board as heretofore established, is hereby
continued.
The Planning Board shall consist of seven members and two alternates.
The membership shall consist of, for convenience of designating
the manner of appointment, the four following classes:
A. Class I: The Mayor or the Mayor's designee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
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: Four citizens of the municipality to be appointed by the
Mayor. The members of Class IV shall hold no other municipal office,
position, or employment. 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 alternate members both a member
of the Zoning Board of Adjustment or the 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.
[Added by Ord. No. 16-92]
If the Planning Board lacks a quorum because any of its regular
or alternate members is prohibited by the Municipal Land Use Law from
acting on a matter due to the member's personal or financial interests
therein, regular members of the 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 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 Chairman
of the Board of Adjustment shall make the choice.
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV, select a Secretary who may or may not
be a member of the Planning Board or a municipal employee, and create
and fill such other offices as established by ordinance. It may employ,
or contract for, and fix the compensation of legal counsel, other
than the municipal attorney, and experts, and other staff and services
as it may deem necessary, not exceeding, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
The Planning Board shall follow the provisions of this chapter
and shall accordingly exercise its power in regard to:
A. The master plan pursuant to N.J.S.A. 40:55D-28 et seq.
B. Subdivision control and site plan review pursuant to N.J.S.A. 40:55D-37
et seq.
C. The Official Map pursuant to N.J.S.A. 40:55D-32 et seq.
D. The Zoning Ordinance, including conditional uses pursuant to N.J.S.A.
40:55D-62 et seq.
E. The capital improvement program pursuant to N.J.S.A. 40:55D-29 et
seq.
F. Variances and certain building permits in conjunction with subdivision,
site plan and conditional use approval pursuant to N.J.S.A. 40:55D-60
et seq.
Prior to the adoption of a development regulation, revision
or amendment thereto, the Planning Board shall make and transmit to
the governing body, within 35 days after referral, a report including
identification of any provisions in the proposed development regulation,
revision or amendment which are inconsistent with the master plan
and recommendations concerning these inconsistencies and any other
matters as the Board deems appropriate. The governing body, when considering
the adoption of a development regulation, revision or amendment thereto,
shall review the report of the Planning Board and may disapprove or
change any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendation. Failure of the Planning Board to transmit its
report within the thirty-five-day period provided herein shall relieve
the governing body from the requirements of this section in regard
to the proposed development regulation, revision or amendment thereto
referred to the Planning Board.