[Amended 8-23-2022 by Ord. No. 5739]
The Planning Board heretofore created is continued and is hereby established consisting of nine members and two alternates of the following four classes:
A. 
Class I: The Mayor or the Mayor's designee in the absence of the Mayor.
B. 
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, 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 if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members or alternates.
C. 
Class III: A member of the governing body to be appointed by it.
D. 
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, except that one member may be a member of the Zoning Board of Adjustment, and one may be a member of the Board of Education. 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 shall be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
The term of the Mayor 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 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.
B. 
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 occurs first.
C. 
The terms of all Class IV members shall be for four years, provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the 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.
[Amended 8-23-2022 by Ord. No. 5739]
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.
[Amended 8-23-2022 by Ord. No. 5739]
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 40:55D-23.1 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 Chair of the Board of Adjustment shall make the choice.
[Amended 8-23-2022 by Ord. No. 5739]
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Board shall also employ such other staff as it deems necessary, within the restriction of the budget appropriated by the Township Committee.
[Amended 8-23-2022 by Ord. No. 5739]
The governing body shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.
[Amended 8-23-2022 by Ord. No. 5739]
The office of Planning Board Attorney is hereby created. The Planning Board may annually appoint to such office and fix the salary and/or rate of compensation of such attorney. The term of office of said attorney shall be for one year from January 1 of each year.
[Amended 8-23-2022 by Ord. No. 5739]
Two alternate members shall be appointed to the Planning Board in accordance with N.J.S.A. 40:55D-23.1 (Section 13 of P.L. 1979, c. 216).
[Amended 8-23-2022 by Ord. No. 5739]
The Planning Board shall be governed by and shall have such powers as are conferred upon it by P.L. 1975, c. 291, Section 16 (N.J.S.A. 40:55D-25). The Planning Board shall:
A. 
Prepare, adopt and from time to time amend or revise a Master Plan.
B. 
Exercise control over the review of subdivisions and site plans in accordance with Part 4.
C. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, grant, to the same extent and subject to the same restrictions as the Board of Adjustment:
(1) 
Variances, pursuant to § 170-26C of this chapter.
(2) 
Direction, pursuant to § 170-26F(1) of this chapter, 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.
(3) 
Direction, pursuant to § 170-26F(2) of this chapter, for issuance of a permit for a building or structure on a lot not abutting a street.
D. 
Exercise such other duties as may be assigned to it by ordinance or resolution of the governing body and perform such other functions as may be authorized by P.L. 1975, c. 291, and other state statutes and administrative regulations.
[Amended 8-23-2022 by Ord. No. 5739; 5-23-2023 by Ord. No. 5767]
A. 
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 subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of Section 23 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32) to any Official Map or an amendment or revision thereto or of Subsection a of Section 49 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-62) to any zoning ordinance or any amendment or revision thereto.
B. 
The governing body may, by ordinance, provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon, except of any matter under the jurisdiction of the Board of Adjustment. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by law to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.
C. 
Any request made to the Township Committee involving the removal of a Township-imposed deed restriction, or the grant, removal or modification of the use of any easement, shall be referred to the Planning Board for a report and recommendation in accordance with Subsection A above before action on the request is taken by the Township Committee. The Planning Board shall conduct a public hearing with notice given pursuant to § 170-506A. Any request made to the Township Committee involving the change of any condition or restriction of approval incorporated in any resolution of the Planning Board (or Board of Adjustment), or any alteration of a buffer area incorporated in any approved application for development, shall be referred to the Board of origin, which shall conduct a public hearing for amendment of said resolution or approved application for development, with notice given pursuant to § 170-506A.
[Amended 8-23-2022 by Ord. No. 5739]
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 170-309D of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the Secretary of the Planning Board 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, 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.
[Amended 8-23-2022 by Ord. No. 5739]
The Planning Board shall have the power to review and approve or deny conditional uses, variances or site plans simultaneously with review for subdivision approval without the developer's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing of the plat shall include reference to the request for such conditional use, variance or site plan.
[Amended 8-23-2022 by Ord. No. 5739]
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. They shall show exceptional expertise in Planning Board issues; have served on a land use board, commission or agency for at least two years; have a demonstrable record of public service; and possess a relevant and/or appropriate educational background.
[Amended 8-23-2022 by Ord. No. 5739]
Whenever an Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development submitted to the Planning Board. Failure of Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding. These same provisions shall apply to the Board of Adjustment when acting on an application for development.
[Amended 8-23-2022 by Ord. No. 5739]
Whenever the Planning Board shall adopt any portion of the Master Plan, the governing body or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds, incidental to the location, character or extent of such project, shall refer the action involving such specific project to the Planning Board for review and recommendation in conjunction with such Master Plan and shall not act thereon without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district or other similar public agency, state, county or municipality.