Pursuant to the provisions of N.J.S.A. 40:55D-23, there is hereby re-created a Planning Board to consist of nine members.
A. 
The Planning Board membership shall consist of four classes, and the members in each class shall be appointed as follows:
(1) 
Class I: the Mayor.
(2) 
Class II: one official of the Borough, other than a member of the Borough Council to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of such 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 a member of Class II in the event the Class IV members of the Board include both a member of the Board of Adjustment and a member of the Board of Education. If the Class IV members do not include both a member of the Board of Adjustment and a member of the Board of Education, then the member of the Environmental Commission shall be deemed a Class IV member.
(3) 
Class III: a member of the Borough Council to be appointed by it.
(4) 
Class IV: six citizens of the Borough to be appointed by the Mayor.
B. 
In addition to the aforesaid members, the Mayor shall appoint one alternate in Class II for a term to expire at the same time as the term of the regular member of Class II. The Council shall appoint one alternate in Class III for a term to expire at the same time as the term of the regular member of Class III. The Mayor shall appoint two alternates in Class IV, which alternates shall serve for a term of two years. The Mayor shall designate said Class IV alternates as "Alternate Number 1" and "Alternate Number 2," and they shall serve in rotation during the absence or disqualification of any regular member or members of Class IV.
A. 
The members of Class IV of the Planning Board shall hold no other municipal office, except that one of such members may be a member of the Board of Adjustment and one a member of the Board of Education.
B. 
The term of the member composing Class I shall correspond to his official tenure.
C. 
The terms of the members composing Class II and Class III shall be for one year or shall terminate at the completion of their respective terms 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 is no longer a member of such other body or at the completion of his Class IV terms, whichever occurs first.
E. 
The terms of the Class IV members appointed under this chapter shall be four years; provided, however, that the members of such class in office on the effective date of this chapter shall continue in office until the completion of their terms as determined by the law in effect prior to the effective date of this chapter, and provided further that the terms of the members first appointed under this chapter shall be determined so that to the greatest practicable extent they shall be evenly distributed over the first four years after the adoption of this chapter.
F. 
The term of a Class II or IV member who is also a member of the Environmental Commission shall be three years or shall terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.
G. 
Vacancy. 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.
H. 
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 Borough Council for cause.
I. 
When any hearing before a Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence front one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent, and certifies in writing to the Board that he has read such transcript or listened to such recording.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, and select a Secretary who may or may not be a member of the Planning Board or a municipal employee. It may employ, or contract for, and fix the compensation of legal counsel, other than the Borough Attorney, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.
A. 
The Planning Board shall follow the provisions of this chapter and shall accordingly exercise its power in regard to:
(1) 
The Master Plan pursuant to Article III.
(2) 
Subdivision control and site plan review pursuant to Article IX.
(3) 
The Zoning Ordinance including conditional uses pursuant to Articles VI through VIII.
(4) 
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to § 186-19.
B. 
The Planning Board may:
(1) 
Participate in the preparation and review of programs or plans required by state or federal law or regulations;
(2) 
Assemble data on a continuing basis as part of a continuous planning process; and
(3) 
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other agencies or officers.
A. 
The Planning Board when reviewing applications for approval of subdivision plats, site plan or conditional uses shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(1) 
Variances pursuant to § 186-29C of this chapter from lot area, lot dimensional, setback and yard requirements, provided that relief pursuant to this subsection from lot area requirements shall not be granted for more than one lot;
(2) 
Direction pursuant to § 186-40K of this chapter for issuance of a permit for a building or structure not related to a street.
B. 
Whenever relief is requested pursuant to this section, notice of the 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.
A. 
Prior to the adoption of a development regulation, revision, or amendment thereto, the Planning Board shall make and transmit to the Borough Council, within 35 days after referral, a report including recommendations concerning the proposed development regulation, revision or amendment. The Borough 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 Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.
B. 
Prior to the hearing on adoption of an ordinance providing for Planning Board approval of either subdivisions or site plans or both or any amendment thereto, the Borough Council shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to Subsection A of this section.
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.
[Amended 7-17-1979 by Ord. No. 1134]
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., shall be filed with the administrative officer.