[Ord. No. 97-29 § 301]
There is hereby established in the Borough of Tenafly pursuant to N.J.S.A. 40:55D-1 et seq., as amended, a Planning Board of nine members consisting of the following classes:
Class I - The Mayor or the Mayor's designee in the absence of the Mayor.
Class II - One of the officials of the Borough other than a member of the Governing Body to be appointed by the Mayor; provided that 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 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.
Class III - A member of the Governing Body to be appointed by it.
Class IV - Six other citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one such member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission, and one member may be a member of the Board of Education. The member of an 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 are among the Class IV members 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 the 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.
There may also be not more than two alternate members appointed to the Planning Board in the same manner as Class IV members, who shall be designated by the Mayor as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in discussion 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.
[Ord. No. 97-29 § 302]
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, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a 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 comes first.
The terms of all Class IV members first appointed under this act shall be 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 member shall be four years.
The term of a Class IV member who is also a member of the Board of Adjustment or the 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 comes first.
The terms of alternate members shall be for two years except that of the alternate members first appointed, one shall be appointed for a one-year term and one shall be appointed for a two-year term, said terms to run from January 1 of the year in which the appointment is made. Thereafter, all appointments shall be made for a term of two years.
[Ord. No. 97-29 § 303]
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.
[Ord. No. 97-29 § 304]
The Planning Board shall elect a Chairman and a Vice Chairman from the members of Class IV and select an Executive Secretary who may be either a member of the Planning Board or a municipal employee designated by it, or both.
[Ord. No. 97-29 § 305]
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of, or agree upon the race of compensation of the Planning Board Attorney who shall be an attorney other than the Municipal Attorney.
[Ord. No. 97-29 § 306]
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.
[Ord. No. 97-29 § 307]
The Planning Board is authorized to adopt Bylaws governing its procedural operation. It shall also have the following powers and duties:
a. 
To make and adopt and 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. The Master Plan shall be reexamined every six years in accordance with the provision of N.J.S.A. 40:55D-89. A reexamination shall be completed at least once every six years, beginning in 1982, from the previous reexamination. The absence of the adoption by the Planning Board of a reexamination report pursuant to statute shall constitute a rebuttable presumption that the municipal development regulations are no longer reasonable.
b. 
To administer the provisions of this chapter and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq. in connection with subdivision and site plan review.
c. 
To hear applications for conditional uses and in proper cases to approve conditional use permits in accordance with the provisions of the Zoning Regulations, pursuant to N.J.S.A. 40:55D-67.
d. 
To participate in the preparation and review of programs or plans required of the Planning Board by State or Federal law or regulations.
e. 
To assemble data on a continuing basis as part of a continuous planning process.
f. 
To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the Governing Body.
g. 
To consider and make 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-26(a) which report shall identify any provisions in the proposed development regulation, revision or amendment which are inconsistent with the Master Plan, and shall include recommendations concerning these inconsistencies, and any other matters the Board deems appropriate; and also pass upon other matters specifically referred to the Planning Board by the Governing Body pursuant to provisions of N.J.S.A. 40:55D-26(b).
h. 
To grant to the same extent and subject to the same restrictions as the Board of Adjustment whenever the proposed development requires approval of a subdivision, site plan, or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70(d):
1. 
Variances pursuant to N.J.S.A. 40:55D-70(c).
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.
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.
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.
j. 
To consider and make a report within 45 days of its receipt upon any petition for annexation submitted to the Governing Body of the municipality and referred to the Planning Board pursuant to the provisions of N.J.S.A. 40A:7-12.
k. 
To review a petition for inclusion of a parcel in a municipally approved Farmland Preservation Program pursuant to N.J.S.A. 4:1C-21(c).
[Ord. No. 97-29 § 308]
a. 
A member of the Planning Board who was absent from one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more meetings, provided that such member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
b. 
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interest 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.
[Ord. No. 97-29 § 309]
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.