There is hereby established pursuant to c. 291, P.L. 1975, in the Township, a Planning Board of nine (9) members consisting of the following four (4) classes:

a. Class I: The Mayor (Chairman of the Township Council).

b. Class II One (1) of the officials of the Township other than a member of the Township Council, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental 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 the Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.

c. Class III. A member of the Township Council, to be appointed by it.

d. Class IV. Six (6) other citizens of the Township, to be appointed by the Mayor. The members of Class IV shall hold no other Municipal office, except that one (1) member may be a member of the Zoning Board of Adjustment and one (1) may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member unless there are among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.

e. Alternates: There shall also be appointed two alternates members in Class IV, designated Alternate No. 1 and Alternate No. 2 who shall serve in rotation during the absence or disqualification of any regular member or members of Class IV. (Ord. #587; Ord. #643; 1976 Code § 37-1)

a. The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one (1) year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class 11 member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three (3) years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.

b. The term of a Class IV member who is also a member of the Board of Adjustment or the 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.

c. 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 evenly distributed over the first four (4) years after their appointment, as determined by resolution of the Township Council; provided, however, that no term of any member shall exceed four (4) years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter all Class IV members shall be appointed for terms of four (4) years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment is made.

d. Alternate members shall serve for terms of two (2) years. The initial terms of Alternate No. 1 and Alternate No. 2 shall be one (1) and two (2) years respectively. (Ord. #587; Ord. #643; 1976 Code § 37-2)

If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term. (Ord. #587; Ord. #643; 1976 Code § 37-3)

The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and shall select a Secretary, who may be either a member of the Planning Board or a Township employee designated by it. (Ord. #587; Ord. #643; 1976 Code § 37-4)

There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint and fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Township Attorney. (Ord. #587; Ord. #643; 1976 Code § 37-5)

The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not exceed, however, exclusive of gifts or grants, the amount appropriated by the Township Council for its use. (Ord. #587; Ord. #643; 1976 Code § 37-6)

The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:

a. To make, adopt and amend a Master Plan for the physical development of the Township, including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the Township, in accordance with the provisions of N.J.S.A. 40:55D-28.

b. To administer the provisions of Chapter XXVI, Land Subdivision, and Chapter XXII, Site Plan Review, in accordance with the provisions of the ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.

c. To grant conditional uses, in accordance with the provisions of Chapter XXIV, Zoning, and the Municipal Land Use Law of 1975, N.J.S.A.- 40:55D-1 et seq.

d. To participate in the preparation and review of programs or plans required by State or Federal law or regulations.

e. To assemble data on a continuing basis as part of a continuous planning process.

f. To annually prepare a program of Municipal capital improvement projects projected over a term of six (6) years, and amendments thereto, and recommend same to the Township Council.

g. To consider and make report to the Township Council within thirty-five (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 Township Council, pursuant to the provisions of N.J.S.A.- 40:55D-26b.

h. 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:

1. 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 (1) lot.

2. Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of a permit for 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. Direction, pursuant to N.J.S.A. 40:55D-36, for issuance of a permit for a building or a structure not related to a street.

Whenever relief is requested pursuant to this paragraph h., 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.

1. To 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. (Ord. #587; Ord. #643; 1976 Code § 37-7)

a. Minor Subdivisions. Minor subdivision approvals shall be granted or denied within forty-five (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 one hundred ninety (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, or a deed clearly describing the approved minor subdivision, is filed by the developer with the County recording officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County recording officer.

b. Preliminary Approval of Major Subdivisions. Upon submission of a complete application for a subdivision of ten (10) or fewer lots, the Planning Board shall grant or deny preliminary approval within forty-five (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 ten (10) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (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 subsection 21-1.7, paragraph h. of this Chapter, the Planning Board shall grant or deny approval of the application within ninety-five (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 upon request of the applicant.

d. Final Approval.

1. Application for final subdivision approval shall be granted or denied within forty-five (45) days of submission of a complete application or within such further time as may be consented to by the applicant.

2. Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat. (Ord. #587; Ord. #643; 1976 Code § 37-8)

Applications for development within the jurisdiction of the Planning Board, pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the Secretary of the Planning Board. The applicant shall file, in addition to the number of copies required under the Township zoning, site plan and/or subdivision, at least twenty-one (21) days before the date of the monthly meeting of the Board, eleven copies of the sketch plat, site plan, topographical plan or other-map required to be filed with an application to the Planning Board; three copies of an application for minor subdivision approval, three copies of an application for major subdivision approval or three copies of an application for site plan review, conditional use approval or plan development. At the time of filing the application, but in no event less than ten (10) days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this Chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of regular meeting dates of the Board. (Ord. #587; Ord. #643; 1976 Code § 37-9)

**Webmasters Note: The previous section has been amended as per Ordinance No. 1452.

The Mayor may appoint one (1) 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. (Ord. #587; Ord. #643; 1976 Code § 37-10)

Whenever the 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 made 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. (Ord. #587; Ord. #643; 1976 Code § 3711)

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. (Ord. #587; Ord. #643; 1976 Code § 37-12)