There is hereby established pursuant to N.J.S.A. 40:55D-23 et seq., in the Township of Cedar Grove, a Planning Board of nine members consisting of the following four classes:
A. 
Class I: the Mayor.
B. 
Class II: one of the officials of the Township other than a member of the Township Council to be appointed by the Mayor.
C. 
Class III: a member of the Township Council to be appointed by it.
D. 
Class IV: six other citizens of the Township to be appointed by the Township Council. 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. 
The term of the member composing Class I shall correspond to his official tenure.
B. 
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.
C. 
The terms of the members composing Class IV shall be for four years, provided that nothing herein shall be construed to affect the term of any member of the Planning Board serving as such on the effective date of this chapter, who shall continue in office, subject to removal, until the completion of the term for which he was appointed. All terms shall run from January 1 to December 31.
Any member of the Planning Board other than the Class I member, after a public hearing if he requests one, may be removed by the Township Council for cause.
If a vacancy of any class shall occur otherwise than by expiration of a term, it shall be filled by appointment, as above provided in § 38-1, for the unexpired term.
The Planning Board may adopt bylaws and rules and regulations governing its procedural operation consistent with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (hereinafter sometimes referred to as the "Land Use Law"), and the ordinances of the Township. 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 Township employee. The Planning Board may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorney, and experts and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Council for its use.
A. 
The Planning Board shall follow the provisions of this chapter and the Land Use Law and shall accordingly exercise the following powers:
(1) 
To make and adopt and from time to time amend a Master Plan for the physical development of the Township in accordance with the provisions of N.J.S.A. 40:55D-28.
(2) 
To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance[1] of the Township in accordance with the provisions of said ordinances and N.J.S.A. 40:55D-37 et seq.
[1]
Editor's Note: See Ch. 234, Subdivision of Land, and Ch. 268, Zoning, Art. X, Site Plan Approval.
(3) 
As may from time to time be directed by the Township Council, to prepare a program of municipal capital improvement projects projected over a term of at least six years, and amendments thereto, in accordance with the provisions of N.J.S.A. 40:55D-29 et seq.
(4) 
To take action with reference to the Official Map of the Township in accordance with the provisions of N.J.S.A. 40:55D-32 et seq.
(5) 
To take action with reference to Chapter 268, Zoning and conditional use applications in accordance with the provisions of N.J.S.A. 40:55D-62 et seq.
(6) 
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:
(a) 
Variances pursuant to N.J.S.A. 40:55D-70c and § 38-16A(3) relating to lot area, lot dimensional, setback and yard requirements, provided that relief from lot area requirements shall not be granted for more than one lot.
(b) 
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.
(c) 
Direction pursuant to N.J.S.A. 40:55D-27 for issuance of a permit for a building or structure not related to a street.
(d) 
All of the above powers to be exercised in accordance with the provisions of N.J.S.A. 40:55D-60.
(7) 
To consider and make a report to the Township Council, within 35 days after referral, as to any proposed development regulation, adoption, revision or amendment in accordance with the provisions of N.J.S.A. 40:55D-26a.
(8) 
To report to the Zoning Board of Adjustment with reference to any application which is referred to it by the Zoning Board of Adjustment in accordance with the provisions of § 38-16. Such report to be addressed to the issue of whether the application may be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Chapter 268, Zoning. Nothing contained herein shall be construed to extend the time for action imposed upon the Zoning Board of Adjustment by operation of law.
(9) 
To make recommendations, on its own initiative, to the Township Council concerning the adoption, revision or amendment of any development regulation.
[Added 4-4-1977 by Ord. No. 77-41]
(10) 
In connection with its review of an application for land subdivision or site plan approval, the Planning Board may consider the conformity of the application with pertinent sections of Chapter 268, Zoning; provided, however, that official action with respect to such conformity has not been taken by any other authorized official or board of the Township.
[Added 4-4-1977 by Ord. No. 77-41]
B. 
The Planning Board may:
(1) 
Participate in the preparation and review of programs or plans required by state or federal laws or regulation.
(2) 
Assemble data on a continuing basis as part of a continuous planning process.
(3) 
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Council for the aid and assistance of the Township Council or other agencies or officers.[2]
[2]
Editor's Note: Former § 38-8.1, Fees, added 7-11-1977 by Ord. No. 77-52, as amended 8-6-1979 by Ord. No. 79-100, which immediately followed this section, was repealed 5-21-1984 by Ord. No. 84-219.