[Amended 5-6-1986 by Ord. No. 1986-2; 10-4-1994 by Ord. No. 1994-10; 11-19-1996 by Ord. No. 1996-5]
There is hereby established, pursuant to P.L. 1975, c. 291, in the Borough of Bay Head a Planning Board of nine members consisting of the following four classes:
A. 
Class I: the Mayor or the Mayor's designee in the absence of the Mayor or, in the case of the Council-Manager form of government, pursuant to the Optional Municipal Charter Law, P.L. 1950, c. 210 (N.J.S.A. 40:69A-1 et seq.) or the Municipal Manager Form of Government Law (N.J.S.A. 40:79-1 et seq.), the Manager, if so provided by the aforesaid ordinance.
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, however, 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 § 1 of P.L. 1968, c. 245 (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 is among the Class IV or alternate members of the Planning Board a member of the Board of Education.
C. 
Class III: a member of the governing body to be appointed by it.
D. 
Class IV: other citizens of the municipality, to be appointed by the Mayor or, in the case of the Council-Manager form of government, pursuant to the Optional Municipal Charter Law, P.L. 1950, c. 210 (N.J.S.A. 40:69A-1 et seq.) or the Municipal Manager Form of Government Law (N.J.S.A. 40:79-1 et seq.), by the Council, if so provided by the aforesaid ordinance. The members of Class IV shall hold no other municipal office, position or employment, except that, in the case of nine-member Boards, one such member may be a member of the Historic Preservation Commission. No member of the Board of Education may be a Class IV member of the Planning Board, except that, in the case of a nine-member Board, one Class IV member may be a member of the Board of Education. If there is a Municipal Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by § 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless there is among the Class IV or alternate members of the Planning Board both a member of the Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Municipal 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.
[Amended 11-19-1996 by Ord. No. 1996-5]
A. 
The term of the member composing Class I shall correspond to the Mayor's or Manager's 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. The term of a Class IV member who is also a member of 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. The terms of all Class IV members first appointed under this act 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 appointments; provided, however, that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term. No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.
B. 
In any municipality in which the term of the municipal governing body commences on January 1, the governing body may, by ordinance, provide that the term of appointment of any class of member of the Planning Board appointed pursuant to this section shall commence on January 1. In any municipality in which the term of the municipal governing body commences on July 1, the governing body may, by ordinance, provide that the term of appointment of any class of member appointed pursuant to this section commence on July 1.
[Amended 5-3-2010 by Ord. No. 2010-06]
The Mayor may appoint four alternate members to the Planning Board. Alternate members shall meet the qualifications of Class IV members. At the time of appointment, the Mayor shall designate such members as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only. All other matters respecting alternate members shall be as set forth in N.J.S.A. 40:55D-23.1.
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.
The Planning Board shall elect a Chair and Vice Chair 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 the Planning Board Attorney. The Planning Board may annually appoint and 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 exceed, however, exclusive of gifts or 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 land subdivision control and site plan review 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.
C. 
To consider and make a 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, and also to pass upon other matters specifically referred to the Planning Board by the Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26.
D. 
Granting variances or direction.
[Amended 10-4-1994 by Ord. No. 1994-10]
(1) 
When reviewing applications for the approval of subdivision plats, site plans or conditional uses, to grant:
(a) 
Variances, pursuant to the provisions of N.J.S.A. 40:55D-70(c).
(b) 
Direction, pursuant to the provisions of N.J.S.A. 40:55D-34, for the 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.
(c) 
Direction, pursuant to the provisions of N.J.S.A. 40:55D-36, for the issuance of a permit for a building or structure not related to a street.
(2) 
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.
E. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body or other agencies or officers.
F. 
To perform any and all duties formerly exercised by the Zoning Board of Adjustment, subject to the limitation that the Class I and the Class III members of the Planning Board shall not participate in the consideration of applications for development which involve relief pursuant to Subsection d of § 57 of P.L. 1975, c. 291 [N.J.S.A. 40:55D-70(d)].
[Added 5-6-1986 by Ord. No. 1986-2]
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 hearings or proceedings.
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 Investigation Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.