[1988 Code § 105-1; Ord. No. 491-04 § 1; Ord. No. 562-09; Ord. No. 16-2017 § 1]
There is hereby established pursuant to N.J.S.A. 40:55D-23 et seq., a Planning Board of nine (9) members. All members of the Planning Board, shall be municipal residents. The membership shall consist of the following classes:
a. 
Class I: The Mayor or the Mayor's designee in the absence of the Mayor.
b. 
Class II: A member of the Environmental Commission.
c. 
Class III: A member of the Governing Body to be appointed by it.
d. 
Class IV: Six (6) other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that in the case of a nine-member board, one (1) such members may be a member of the Board of Education.
[1988 Code § 105-2; Ord. No. 491-04 § 3; Ord. No. 562-09]
a. 
The term of the member composing Class I shall correspond with Mayor'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. The term of the member composing Class II shall be for three (3) years or terminate at the completion of their term on the Environmental Commission, whichever occurs first. The term of the Class III member shall be for one (1) year to terminate at the completion of their term of office, whichever occurs first. The term of the Class IV members is four (4) years or in the case of a member who is also a member of either the Board of Adjustment or Board of Education, shall terminate when they are no longer a member of such other Board or at the completion of their term whichever shall occur first.
b. 
The terms of all Class IV members first appointed under this ordinance (Ordinance No. 562-09 adopted March 12, 2009) shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four (4) years after their appointment; provided that the initial Class IV term of no member shall exceed four (4) years. Thereafter the Class IV term shall be four (4) years.
[1988 Code § 105-4; Ord. No. 562-09]
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.
[1988 Code § 105-3; Ord. No. 562-09; Ord. No. 16-2017 § 2]
Pursuant to 40:55D-23.1, four (4) alternate members, who shall be municipal residents, shall be appointed by the appointing authority of Class IV members and shall meet the qualifications of Class IV members of nine-member Planning Boards. Alternate members shall be designated at the time of appointment by the Mayor as Alternate No. 1, Alternate No. 2, Alternate No. 3 and Alternate No. 4. The terms of the alternate members shall be for two (2) years, except that the terms of the alternate members shall be such that the term of not more than two (2) alternate members shall expire in any one (1) year. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only. Alternate members may participate in all matters, but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by ordinance of the Governing Body pursuant to N.J.S.A. 40:55D-23 et seq.
[1988 Code § 105-5]
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.
[1988 Code § 105-6]
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint and 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.
[1988 Code § 105-7]
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.
[1988 Code § 105-8]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County, and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq. shall apply. It shall also have the following powers and duties:
a. 
To make and 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 Ordinance and Site Plan Review Ordinance of the municipality in accordance with the provisions of said ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
c. 
To approve conditional use applications in accordance with the provisions of the Zoning Ordinance (Chapter 150) pursuant to N.J.S.A. 40:55D-67.
d. 
To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
e. 
To assemble data on a continuing basis as part of a continuous planning process.
f. 
(Reserved)
[Repealed 8-13-2020 by Ord. No. 07-2020]
g. 
To consider and make report to the Governing Body within thirty-five (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 pass upon other matters specifically referred to the Planning Board by the Governing Body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
h. 
Whenever the proposed development requires approval pursuant to N.J.S.A. 40:55D-1 et seq. 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 drainage way, 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.
Whenever relief is requested pursuant to this paragraph h, 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.
The developer may elect to submit a separate application requesting approval of the variance or direction for the issuance of a permit and a 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 or the intent and purpose of the zone plan and zoning ordinance. (N.J.S.A. 40:55D-60)
4. 
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 application within one hundred twenty (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.
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the 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. (N.J.S.A. 40:55D-61)
i. 
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.
[1988 Code § 105-9]
a. 
Minor Subdivisions. Minor subdivision approvals shall be granted or denied within forty-five (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 one hundred ninety (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 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 of the Planning Board before it will be accepted for filing by the County Recording Officer.
b. 
Preliminary Approval of Major Subdivisions. Upon submission of a complete application for a subdivision of ten (10) or fewer lots, the Planning Board shall grant or deny preliminary approval within forty-five (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 ten (10) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (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 the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, Section 105-8h, of this chapter, the Planning Board shall grant or deny approval of the application within one hundred twenty (120) 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 administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
d. 
Final Approval.
1. 
Application for final subdivision approval shall be granted or denied within forty-five (45) days of submission of a complete application or within such further time as may be consented to by the applicant.
2. 
Final approval of a major subdivision shall expire ninety-five (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 one hundred ninety (190) days from the date of signing of the plat.
[1988 Code § 105-11]
The Mayor may appoint one (1) 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.