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.
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.
There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint, 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.
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
and grants, the amount appropriated by the governing body for its
use.
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 borough, including any areas
outside its boundaries, which in the Board's judgment bear essential
relation to the planning of the borough 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 borough in accordance with the provisions of said ordinances and
the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
C. To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
D. To assemble data on a continuing basis as part of
a continuous planning process.
E. To annually prepare a program of municipal capital
improvement projects projected over a term of six years, and amendments
thereto, and to recommend same to the governing body.
F. 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 Mayor and Common Council, pursuant to the provisions
of N.J.S.A. 40:55D-26b.
G. 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:
[Amended 1-14-1980]
(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 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.
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 the issuance of a permit, as the case may be.
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H. 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.
I. To exercise, to the same extent and subject to the
same restrictions, all the powers of a Board of Adjustment, pursuant
to N.J.S.A. 40:55D-70 et seq., but the Class I and Class II members
shall not participate in the consideration of applications for development
which involve relief, pursuant to N.J.S.A. 40:55D-70d.
[Added 12-29-1986 by Ord. No. 234]
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.
Whenever the 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 to the Planning Board. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
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.