Pursuant to the provisions of N.J.S.A. 40:55D-23, there is hereby recreated a Planning Board to consist of nine members.
The Planning Board membership shall consist of four classes, and the members in each class shall be appointed as follows:
A. 
Class I: the Mayor.
B. 
Class II: one official of the Borough, other than a member of the governing body, 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.
C. 
Class III: a member of the governing body to be appointed by it.
D. 
Class IV: six citizens of the Borough to be appointed by the Mayor.
Alternate members to the Planning Board shall be appointed as follows:
A. 
One alternate member shall be appointed for Class II and one alternate member shall be appointed for Class III for terms to expire at the same time as the terms of regular members of their respective classes.
B. 
Four alternate members shall be appointed for Class IV to serve terms of two years; provided, however, that the initial terms of two of the alternate members shall be one year and the initial term of two of the alternate members shall be two years, respectively. Such alternate members shall be designated by the Chairperson as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4" and shall serve during the absence or disqualification of any regular member of Class IV.
C. 
Alternate members of each class shall be appointed by the same appointing authority as regular members of that class.
A. 
All members of the Planning Board shall serve without compensation, and the members of Class IV shall hold no other municipal office, except that one of such members may be a member of the Board of Education and one of such members may be a member of the Environmental Commission.
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 term, 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 August 1, 1976, shall continue in office until the completion of their terms as determined by the law in effect prior to August 1, 1976, 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 Class 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. 
Attendance; determination of vacancy for excessive absences: The position of any member or alternate member shall be deemed vacant whenever the member, without being excused by a majority of the authorized members of the Board, fails to attend and participate at meetings of the Board for a period of eight consecutive weeks or for four consecutive meetings (both regular and work sessions), whichever shall be of longer duration, at the conclusion of such period, provided that the Board shall notify the appointing authority in writing of such determination, and provided further that the Board may refuse to excuse only those absences which are not due to legitimate illness. In the event of such notice, the approving authority shall forthwith fill the vacancy for the unexpired term in a manner prescribed by law. This rule shall be automatically amended by operation of law in the event that the above standards are made more strict pursuant to amendment henceforth of N.J.S.A. 40A:9-12.1 or other relevant prevailing enactment, in which event the language of this rule shall be deemed substituted by the language of such enactment.
A. 
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary who may be either a member of the Board or a municipal employee and fill such other offices as may be established by Borough ordinance. It may employ or contract for and fix the compensation of legal counsel, experts and other staff and services as it deems necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
B. 
The Board shall have the following powers and duties:
(1) 
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.
(2) 
To administer the provisions of Chapter 250, Subdivision of Land, and Chapter 236, Site Plan Review, in accordance with the provisions of said chapters and N.J.S.A. 40:55D-1 et seq.
(3) 
To participate in the preparation and review of progress or plans required by state or federal law or regulations.
(4) 
To assemble data on a continuing basis as part of a continuous planning process.
(5) 
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body, if so authorized by the governing body.
(6) 
To consider and 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 Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26b.
(7) 
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, variances pursuant to N.J.S.A. 40:55D-70c from lot area, lot dimensional setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.
(8) 
To perform such other advisory duties as are assigned to it by ordinance of the governing body for the aid and assistance of the governing body or other agencies or officers of the Borough.
(9) 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Chapter 290, Zoning.
(10) 
Hear and decide in accordance with the provisions of any such ordinance, requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map ordinance.
(11) 
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use, and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to Article 7, Subsection 47a of the Municipal Land Use Act (N.J.S.A. 40:55D-60).
(12) 
Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by affirmative vote of at least 2/3 of the full authorized membership of the Board. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone Plan and Zoning Ordinance. An application under this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Planning Board shall act.
(13) 
Direct issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or reserved public area.
(14) 
Direct issuance of a permit for a building or structure not related to a street.
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-l et seq. shall be filed with the Secretary of the Planning Board.
A. 
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval, unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision is filed by the developer with the Municipal Administrator and the Municipal Tax Assessors and filed or recorded by the developer with the county recording office.
B. 
Preliminary approval for major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.
C. 
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 37-5B(7) of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
D. 
Final approval. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant.
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.