[Amended 2-26-2014 by Ord. No. 1053-14]
A. 
Membership.
(1) 
Regular members. Pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), there is hereby established a Planning Board of seven members. The Planning Board heretofore established shall continue. The Planning Board shall consist of four classes of members as follows:
(a) 
Class I: the Mayor or the Mayor's designee in the absence of the Mayor.
(b) 
Class II: one of the officials of the Township, other than a member of the governing body, to be appointed by the Mayor.
(c) 
Class III: a member of the governing body to be appointed by it.
(d) 
Class IV: four citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office.
(2) 
Alternate members.
(a) 
The Mayor may appoint not more than two alternate members of the Planning Board. Such alternate members shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.
(b) 
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
(c) 
No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
B. 
The terms of the member composing Class I shall correspond to his 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. Class II member who is also a member of the Environmental Commission. The terms of all Class IV members first appointed under this chapter shall be so determined that, to the greatest practical extent, the expiration of such terms shall be distributed evenly over the first four years after their appointments, provided that the initial Class IV term of each such member shall not 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.
C. 
A member of the Planning Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing 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 is authorized to adopt bylaws and other rules and regulations governing its procedural operation, which bylaws, rules and regulations shall be consistent with the provisions of this chapter and P.L. 1975, c. 291.[1] The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary, who may or may not be a member of the Planning Board or a municipal employee, and create and fill such other offices as established by ordinance. It 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 governing body for its use.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The Planning Board shall be governed by and shall have such powers as are conferred upon it by P.L. 1975, c. 291.[1] More specifically, the Planning Board shall have authority to:
A. 
Prepare, adopt and, from time to time, amend or revise a Master Plan.
B. 
Exercise control over the review of subdivisions and site plans in accordance with Part 6.
C. 
Exercise control over the granting of applications for conditional uses.
D. 
Approvals.
[Amended 7-23-1984 by Ord. No. 245-84]
(1) 
Whenever a proposed development requires approval pursuant to this chapter of a subdivision, site plan or conditional use, but not a variance pursuant to § 165-26A(5) the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(a) 
Variances pursuant to § 165-26A(3).
(b) 
Direction pursuant to Section 25 of P.L. 1975, c. 291[2] 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 on an Official Map.
[2]
Editor's Note: See N.J.S.A. 40:55D-34.
(c) 
Direction pursuant to Section 27 of P.L 1975, c. 291[3] for issuance of a permit for a building or structure not related to a street.
[3]
Editor's Note: See N.J.S.A. 40:55D-36.
(2) 
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.
(3) 
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning regulations.
E. 
Exercise such other duties as may be assigned to it by ordinance or resolution of the governing body and perform such other functions as may be authorized by P.L. 1975, c. 291, and other state statutes and administrative regulations.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the governing body, within 35 days after referral, a report, including recommendations concerning the proposed development regulation, revision or amendment. The governing body, 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 governing body from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.
B. 
The governing body may, by ordinance, provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this chapter to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.
[Amended 7-23-1984 by Ord. No. 245-84]
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 165-17D of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this chapter. 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, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.
After the appointment of a Planning Board, 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 an 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 submitted 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.
Whenever the Planning Board shall have adopted any portion of the Master Plan, the governing body or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds incidental to the location, character or extent of such project, shall refer the action involving such specific project to the Planning Board for review and recommendation in conjunction with such Master Plan and shall not act thereon without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district or other authority, redevelopment agency, school board or other similar public agency, whether state, county or municipal.