The City of Summit has established a nine-member Planning Board pursuant to the requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-23.
A. 
Regular members. The Summit Planning Board shall consist of nine members of the following four classes:
1. 
Class I: The Mayor or Mayor's designee.
2. 
Class II: One of the officials of the City, other than a member of the Common Council, to be appointed by the Mayor, provided that if there is an 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 deemed to be the Class II Planning Board member for purposes of this Act 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.
3. 
Class III: A member of the Common Council to be appointed by the Common Council.
4. 
Class IV: Six 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 one such member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission. A 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 be amongst the Class IV or alternate members both a member of the Zoning Board or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Environmental Commission shall be deemed a Class II member. For the purpose of this section, membership on a board or commission whose function is advisory in nature, the establishment of which is discretionary and not required by statute, shall not be considered the holding of office.
B. 
Alternate members. Two alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members of nine-member Planning Boards. Alternate members shall be appointed for a term of two years, and at the time of their appointments shall be designated Alternate No. 1 and Alternate No. 2, respectively. 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. Alternate members may participate in discussions of the proceedings but may not vote except in the absence, recusal or disqualification of a regular member. 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.
A. 
The term of the member composing Class I shall correspond with his/her official tenure.
B. 
The term of the member composing Class II shall be for one year or terminate at the completion of his/her first term 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 Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his/her term of office as a member of the Environmental Commission, whichever occurs first.
C. 
The term of the member composing Class III shall be for one year or terminate at the completion of his/her term of office, whichever occurs first.
D. 
The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his/her Class IV term, whichever occurs first.
E. 
The terms of all Class IV members first appointed pursuant to 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 as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein above provided. All terms shall run from January 1 of the year in which the appointment is made.
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
Any member other than a Class I member, after a public hearing if he/she requests one, may be removed by the Common Council for cause.
The Planning Board shall organize annually by selecting from among its Class IV members a Chairperson and a Vice Chairperson. The Board shall also select a Secretary, who may or may not be a member of the Board or a municipal employee, and create and fill such other offices as established by ordinance.
The Planning Board may annually appoint an attorney at law of New Jersey, other than the Municipal Attorney, and experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts and grants, the amount appropriated by the Common Council for its use.
If the Planning Board lacks a quorum because any of its members are prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interest, regular members of the Zoning 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 Zoning 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. If a choice has to be made between regular members of equal seniority, the Chairperson of the Zoning Board of Adjustment shall make the choice.
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 from time to time amend a Master Plan for the physical development of the City, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the City, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To approve conditional use applications as authorized by state statute.
C. 
To administer the provisions of the Development Regulations Ordinance of the City in accordance with the provisions of this chapter and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
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 continuing planning process.
F. 
To review and make recommendations to the Common Council on the Official Map of the City pursuant to N.J.S.A. 40:55D-32 and N.J.S.A. 40:55D-26.
G. 
If authorized by the governing body, 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.
H. 
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-26a, and also pass upon other matters specifically referred to the Planning Board by the Common Council pursuant to the provisions of N.J.S.A. 40:55-D26b.
I. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
1. 
A variance pursuant to N.J.S.A. 40:55D-70c.
2. 
Direct the issuance of a permit for a building or structure either not related to a street (N.J.S.A. 40:55D-36) or in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map (N.J.S.A. 40:55D-32).
3. 
Whenever relief is requested pursuant to this subsection, notice of a 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.
J. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Common Council 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 Common Council, 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 Common Council, 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 recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Common Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any Official Map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.
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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
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 committee shall have no power to vote or take other action required of the Board. Such persons shall serve at the pleasure of the Mayor.