A. 
There is hereby established pursuant to N.J.S.A. 40:55D-1 et seq. in the City of Rahway a Planning Board of nine members, consisting of the following four classes:
(1) 
Class I: the Mayor.
(2) 
Class II: one of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor.
(3) 
Class III: a member of the governing body, to be appointed by it.
(4) 
Class IV: six other citizens of the municipality, to be appointed by the Mayor, who shall include:
(a) 
One member of the Zoning Board of Adjustment.
(b) 
Five citizens of the municipality who hold no other municipal office.
B. 
Alternate members. There shall be appointed two alternate members to the Planning Board. Alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members of a nine-member Planning Board. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." 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.
A. 
The term of the Mayor shall correspond with 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 term of a Class IV member who is also a member of the Zoning Board of Adjustment 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.
D. 
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that, to the greatest practicable extent, the expiration of such term shall be distributed evenly over the first four years after their appointments, provided that the initial Class IV term of no member shall exceed four years. Thereafter, all Class IV members shall be appointed for terms of four years. If a vacancy in any class shall occur otherwise than by the expiration of the Planning Board term, it shall be filled by appointment, as provided above, for the unexpired term.
E. 
All terms shall run from January 1 of the year in which the appointment is made.
F. 
Members of the Planning Board on August 1, 1976, shall continue in office until the completion of their terms as provided by law immediately prior to that date. Any new appointments or reappointments to said Board shall be governed by the provisions of this chapter.
G. 
The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such 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 appointing authority for the unexpired term only.
A. 
No member or alternate 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.
B. 
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.
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[1] of the municipality in accordance with this chapter, the provisions of said ordinances and N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: See Ch. 349, Site Plan Review, and Ch. 421, Zoning.
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.