A.
A Planning Board is hereby established consisting of nine regular and four alternate members of the following four classes:
[Amended 12-9-1996 by Ord. No. 20-1996; 3-26-2019 by Ord. No. 2019-06]
(1)
Class I: The Mayor or the Mayor's designee in the absence of the Mayor. However, the Mayor or the Mayor's designee shall not participate in consideration of applications for development which involve relief pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).[1]
(2)
Class II: One of the officials of the Borough, other than a member of the governing body, to be appointed by the Mayor.
(3)
Class III: A member of the Borough Council to be appointed by it. However, said member shall not participate in consideration of applications for development which involve relief pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).
(4)
Class IV regular members: 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 must be a member of the Environmental Commission as required by N.J.S.A. 40:56A-1, provided that if the designated alternate members of the Planning Board include a member of the Board of Education, then the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
(5)
Class IV alternate members: Four other citizens of the municipality to be appointed by the Mayor. Alternate members shall hold no other municipal office, except that one member may be a member of the Board of Education.
[Amended 3-26-2019 by Ord. No. 2019-06]
B.
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 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 as a member of the Environmental Commission, whichever comes first.[2]
C.
All present Class IV members of the Planning Board shall continue in office until the completion of the terms for which they were appointed. The terms of Class IV regular members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four years after their appointment; provided that the initial term shall not exceed four years. Thereafter, the term of each Class IV regular member shall be four years. All terms shall run from January 1 of the year in which the appointment is made.
D.
The terms of the Class IV alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. All terms shall run from January 1 of the year in which the appointment is made.
E.
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. 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.
F.
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. Any member other than a Class I member may be removed by the governing body for cause but only after public hearing, if requested, and other requested procedural due process protection.
G.
Yearly, the Planning Board shall organize by selecting from among its Class IV regular members a Chairman and Vice Chairman. The Board shall also select a Secretary who may or may not be a member of the Board or an employee of the Borough.
H.
The governing body shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.
I.
The office of Planning Board Attorney is hereby created. The Planning Board may annually appoint to such office and fix compensation or rate of compensation of an attorney-at-law of New Jersey other than the Borough Attorney.
J.
The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.