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.
A. 
The term of the member composing Class I shall correspond with his 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 terminate at the completion of their respective terms of office, whichever occurs first. 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 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 appointment; 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as provided above, for the unexpired term. 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.
A. 
Two citizens of the municipality, to be appointed by the Mayor, one to be designated as "Alternate Member Number 1," and one to be designated as "Alternate Member Number 2." The alternate members shall meet the qualifications of Class IV members of the nine-member Planning Board and their terms 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 member 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 appointing authority for the unexpired term only.
B. 
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.
C. 
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. 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 first.
[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.
The Planning Board may:
A. 
Participate in the preparation and review of programs or plans required by state or federal law or regulation.
B. 
Assemble data on a continuing basis as part of a continuous planning process; and
C. 
Perform such 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.
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.
A. 
Whenever the proposed development requires approval, pursuant to this chapter, of a subdivision, site plan or conditional use, but not a variance pursuant to Subsection d of N.J.S.A. 40:55D-70, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(1) 
Variances pursuant to N.J.S.A. 40:55D-70c;
(2) 
Direction pursuant to N.J.S.A. 40:55D-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; and
(3) 
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.
B. 
Whenever relief is requested pursuant to this section, notice of the 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.
C. 
The developer may elect to submit a separate application requesting approval of the variance or direction for the issuance of a permit and subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction for 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 Part 4, Zoning, of this chapter.
A. 
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the applicant within 120 days after submission by a developer of a completed application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this act. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer 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, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
B. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
A. 
After the appointment of a Planning Board, 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.
B. 
Whenever the Environmental Commission has prepared and submitted to the Planning Board and the Board of Adjustment an index of the natural resources of the municipality, the Planning Board or the 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 Board of Adjustment to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.