A. Regular members. There is hereby established, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-23, a Planning Board of seven members and two alternate members, consisting of the following classes:

(1) Class I. The Mayor or the Mayor's designee in the absence of the Mayor. [Amended 7-14-2004 by Ord. No. 2004-13]

(2) Class II. One of the officials of the Township other than a member of the 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 is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.

(3) Class III. A member of the Council, to be appointed by it.

(4) Class IV. Four other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other Township office, position or employment. No member of the Board of Education may be a Class IV member of the Planning Board. For the purpose of this section, membership on a Township Board or a commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of Township office.

B. Alternate members. The Mayor shall appoint two alternate members, who shall meet the qualifications of Class IV members. At the time of their appointment the Mayor shall designate the alternate members 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, and in the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

The term of the member composing Class I shall correspond to the Mayor's official tenure or if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of 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. The terms of all Class IV members first appointed under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided that the initial Class IV term of no member shall exceed four years. Thereafter, the term of each Class IV member shall be four years. The terms of the alternate members shall be two years. Alternate members shall be appointed so that the term of only one alternate member shall expire in any one year.

If a vacancy of any class, including alternates, shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.

Any member, including alternates, other than a Class I member, after a public hearing if the member requests one, may be removed by the Township Council for cause.

The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV and shall select a secretary, who may or may not be a member of the Planning Board or a Township employee.

The Planning Board may employ, or contract for, and fix the compensation of legal counsel, other than the Township 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 Township Council for its use.

A. The Planning Board shall have the following powers and duties:

(1) Adoption of the Master Plan, pursuant to N.J.S.A. 40:55D-28 et seq.

(2) Subdivision control and site plan review, pursuant to N.J.S.A. 40:55D-37 et seq.

(3) Review of the Official Map, pursuant to N.J.S.A. 40:55D-32 et seq.

(4) Review of all zoning ordinances, including conditional uses, pursuant to N.J.S.A. 40:55D-64 et seq.

(5) Prepare a capital improvements program, pursuant to N.J.S.A. 40:55D-29.

(6) Allow variances and certain building permits in conjunction with subdivision, site plan and conditional use approval, pursuant to N.J.S.A. 40:55D-60 et seq., and subject to the provisions of Article II of this chapter.

(7) 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.

B. The Planning Board may:

(1) Participate in the preparation and review of programs or plans required by state or federal law or regulation.

(2) Assemble data on a continuing basis as a part of a continuous planning process.

(3) Permit, at its discretion, informal review of a concept plan for a development by a developer who intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.

(4) Submit recommendations to the Township Council concerning proposed development regulations, revisions or amendments, pursuant to N.J.S.A. 40:55D-26.

(5) Advise, recommend and assist the Township Council or other Township bodies or officers, when requested to do so by that referring agency.

(6) Adopt rules, regulations and procedures, with accompanying forms or documents, for proper administration of these powers, duties and responsibilities.

(7) Prepare and provide for the administration and review of a plan of historic preservation of historical zones and historical sites.

(8) Limit and restrict the use, destruction and alteration of structures in the historical zone and designated historical sites and encourage their preservation and restoration.

(9) The Board may adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of the Municipal Land Use Laws, these land development chapters and the Master Plan, including the issuance of subpoenas, administration of oaths and the taking of testimony.

A. Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the Township Council, within 35 days after referral, a report, including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Township Council, 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 recommendation. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Township Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board. Nothing in this subsection shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 relating to any official map, or any amendment or revision thereto, or of N.J.S.A. 40:55D-62 as relating to any zoning ordinance or any amendment or revision thereto.

B. The Township Council may, by ordinance, provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a Township body or Township officer having final authority thereon, except of any matter under the jurisdiction of the Zoning Board of Adjustment. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by such ordinance to another Township body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.

A. Time of decision. The Planning Board shall exercise its powers for the granting or denying of approval for minor and major subdivisions and for site plans in accordance with the time limitations set forth in the Municipal Land Use Law, as amended, N.J.S.A. 40:55D-50 and 61.

B. Completeness of application. An application for development shall be deemed complete for purposes of commencing the applicable time period for action by the Planning Board when so certified by the Planning Board or its authorized committee or designee. In the event that the Board, committee or designee does not certify the application to be complete within 45 days of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for approval by the Planning Board unless:

(1) The applicant is supplied with a checklist of required information and fails to provide such information and/or plans, as provided therein.

(2) The Planning Board, or it authorized committee or designee, has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.

C. Waiver of requirements. The applicant may request that one or more of the submission requirements be waived, in which event the Planning Board, or its authorized committee, shall give the applicant written notice of its decision to grant or deny the request within 45 days.

D. Correcting of data; additional information. The Planning Board may require correction of any data which is found to be in error and submission of additional information not specified in this Code or the checklist, but reasonably necessary for the Board to make an informed decision. The application, however, shall not be deemed incomplete for the lack of any such additional submissions.

E. Multiple submissions; time for decision. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a completed application to the administrative officer or within such further time as may be consented to 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 any subsequent approval shall be as otherwise provide in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Board secretary as to the failure of the Board to act shall be issued upon the request of the applicant.

F. County Planning Board approval. Whenever review or approval of the application by the County Planning Board is required, in the case of a subdivision or site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Board by its failure to report thereon within the required time period.

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.

If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by general law from acting on a matter due to the member's personal or financial interest therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board, in order of seniority of continuous service to the Zoning Board of Adjustment, until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairperson of the Zoning Board of Adjustment shall make the choice.