There is hereby established in the Township of Little Falls a municipal planning board that shall be known as the "Planning Board of the Township of Little Falls" (hereinafter referred to as "Board").
A. 
The Board shall consist of nine members, consisting of the following four classes:
(1) 
Class I: the Mayor or the Mayor's designee in the absence of the Mayor. The Mayor's designee, if any, shall be a resident of the Township of Little Falls whose designation shall be made in writing and filed with the Municipal Clerk and the Secretary of the Planning Board.
(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, so long as there exists an Environmental Commission in the Township, 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 for purposes of this section in the event that there is among the Class IV or alternate members of the Planning Board a member of the Board of Education.
(3) 
Class III: a member of the governing body, to be appointed by it.
(4) 
Class IV: six other citizens of the municipality, to be appointed by the Mayor. The Class IV members shall hold no other municipal office, position or employment, except that one such member may be a member of the Historic Preservation Commission and one member may be a member of the Board of Education. So long as there exists a Township 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 a Class IV Planning Board member, unless there is among the Class IV or alternate members of the Planning Board both a member of Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Township 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.
B. 
Alternate members.
(1) 
The Mayor shall appoint not more than four alternate members who shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4."
(2) 
No member or alternate shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member may, after public hearing if he or she requests one, be removed by the governing body for cause.
(3) 
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. Alternates shall be counted for purposes of a quorum. 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, Alternate No. 2 shall vote second, Alternate No. 3 shall vote third, and Alternate No. 4 shall vote last.
A. 
The term of the Class I member shall correspond with his/her official tenure. If the Class I member is the Mayor's designee in the Mayor's absence, 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, except for a Class II member who is also a member of the Environmental Commission.
B. 
The term of a Class IV member who is also a member of the Historic Preservation Commission or the Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her Class IV term, 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 or her term of office as a member of the Environmental Commission, whichever occurs first.
C. 
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.
D. 
The terms of alternate members shall be for two years, running from January 1 of the year in which the appointment was made, and the term of not more than one alternate member shall expire in any one year. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
If a vacancy of any class shall occur for any reason other than expiration of term, it shall be so filled by appointment as provided by law.
The Planning Board shall elect a Chair and Vice Chair at its annual reorganization, such Chair and Vice Chair to be Class IV members. The Chair, or in the Chair's absence, the Vice Chair, shall preside over and control the order of all meetings and, with the advice and consent of the members of the Board and assistance of counsel, rule upon questions of procedure and admissibility of evidence. The Board may adopt such rules as it deems necessary and efficient for its operation.
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 Township Attorney. Fees will be consistent with Attorney fees approved by the governing body established in the annual approved Township budget.
The Planning Board may appoint and employ the services of a Board Engineer and such other experts 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 may appoint and employ a Board Secretary as it may deem necessary, and such Board Secretary need not be a member of the Board but shall be a Township employee.
A. 
The Planning Board shall have all powers as conferred to such boards pursuant to the Municipal Land Use Law as codified at N.J.S.A. 40:55D-1 et seq. These powers include, but are not limited to:
(1) 
To make and adopt and from time to time amend a Master Plan for the physical development of the municipality, pursuant to N.J.S.A. 40:55D-28, which Master Plan shall give due consideration to the relationship between the proposed physical development of the Township and the Master Plan for those areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality.
(2) 
To administer the provisions of this chapter and Chapter 280 of the Code of the Township of Little Falls, in accordance with the provisions of said chapters and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(3) 
To approve conditional use applications in accordance with the provisions of Chapter 280, Zoning, and N.J.S.A. 40:55D-67.
(4) 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(5) 
To administer site plan and subdivision and site plan control, review and approval, take action as to the Official Map, and grant variances, exceptions and waivers as to the provisions of this chapter and Chapter 280, and as permitted and authorized by the Municipal Land Use Law.
(6) 
To exercise such powers and functions authorized by the Municipal Land Use Law and other statutes and laws.
(7) 
To consider and make a 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 to review other matters specifically referred to the Planning Board by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
(8) 
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.
(9) 
To issue subpoenas, administer oaths and take testimony in accordance with the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.).
(10) 
Pursuant to N.J.S.A. 40:55D-25c, to exercise, to the same extent and subject to the same restrictions, all powers of a zoning board of adjustment, including granting relief pursuant to N.J.S.A. 40:55D-70c and pursuant to N.J.S.A. 40:55D-70d; however, Class I and Class III members shall not be permitted to participate by voice or vote in such matters, such powers to further include the power to hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Chapter 280 and to hear and decide requests for interpretation of the Zoning Map, Chapter 280, and special zoning questions.
(11) 
To hear and decide appeals of determinations or orders of the administrative officer and/or Zoning Officer.
(12) 
To hear and decide requests for interpretation of the Zone Map and Zoning Ordinance and such special questions as may arise concerning same.
(13) 
To grant variances from the requirements of the Zoning Ordinance in accordance with law and grant waivers as the Board deems reasonable from the requirements of this chapter.
B. 
In the event of a conflict or inconsistency between this chapter and the Municipal Land Use Law, the Municipal Land Use Law shall govern.