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 of 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.
A quorum of the Planning Board shall be a majority
of the full authorized membership.
The Planning Board shall elect a Chairman and
Vice Chairman 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.
The Planning Board may employ or contract for
the services 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.
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 municipality in accordance
with this chapter and the provisions of N.J.S.A. 40:55D-28.
B. To administer the provisions of Chapter
369, Subdivision of Land, and site plan review provisions of the Zoning Ordinance of the municipality in accordance with this chapter, the
provisions of said ordinances and N.J.S.A. 40:55D-1 et seq.
C. To review and recommend actions regarding the Official
Map in accordance with the provisions of this chapter and N.J.S.A.
40:55D-1 et seq.
D. To review and administer Chapter
421, Zoning, in accordance with this chapter and N.J.S.A. 40:55D-64 regarding referrals and N.J.S.A. 40:55D-67 regarding conditional uses.
E. 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.
F. The Planning Board, when reviewing applications for
approval of subdivision plats, site plans 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 N.J.S.A. 40:55D-70c, commonly
known as "c" or bulk variances.
(2) Direction 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.
(3) Building permit; relief.
(a) Direction pursuant to N.J.S.A. 40:55D-36 for issuance
of a permit for a building or structure not related to a street.
(b) 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 issuance
of a permit, as the case may be.
G. To participate in the preparation and review of programs
or plans required by state or federal law or regulations, if requested
to do so by the Mayor.
H. To assemble data on a continuing basis as part of
a continuous planning process.
I. To consider and make reports to the governing body,
within 35 days after referral, as to any 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 with regard
to the proposed development regulation, revision or amendment thereto
referred to the Planning Board.
J. To consider and make reports to other municipal bodies
or officers having final authority thereon on matters authorized by
ordinance to be referred. 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.
K. To review all use variances referred to it by the
Zoning Board of Adjustment and shall return a written report with
recommendations to it within 120 days, which is the time for action
by the Board of Adjustment. Failure of the Planning Board to transmit
its report within the mandated time period shall relieve the Board
of Adjustment from the requirements of this subsection.
L. To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body for the aid
and assistance of the governing body or other agencies or officer.