If, during the period of approval granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with the development, the running of the period of approval under this chapter, or under any chapter repealed by the ordinance from which this chapter is derived, as the case may be, shall be suspended for the period of time such legal action is pending or such directive or order is in effect. (Code 1988, § 175-18)

(a) Approval subject to removal of legal impediments. If a developer submits an application for development proposing a development which is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the

(b) Voting rights after absence. When any hearing before the planning board shall carry over two or more meetings, a member or alternate member of the board who was absent for one or more of the meetings 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 a transcript or recording of the meeting from which he was absent and certifies, in writing, to the board that he has read such transcript or listened to such recording. (Code 1988, § 175-20; Ord. No. 1-00, § 1, 3-21-2000; Ord. No. 27-00, § I, 6-20-2000; Ord. No. 35-05, § 11, 6-14-2005)

The term of the member of the planning board composing class I shall correspond with his official tenure. The terms of the members composing class II and class III shall be for one year or shall terminate at the completion of their respective terms of office, whichever occurs first. The term of a class IV member who is also a member of the environmental commission shall be for three years or shall terminate at the completion of his term of office as a member of the environmental commission, whichever occurs first. The terms of all class IV members appointed shall be staggered terms of four years. The term of an alternate member shall be two years, and the terms shall be staggered. The alternate members shall be designated 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. If a choice must be made as to which alternate member is to vote, alternate no. 1 shall vote. All terms shall run from January 1 of the year in which the appointment is made. (Code 1988, § 175-21)

(a) Any member of the planning board, other than a class I member, may be removed by the township council for cause, after a public hearing, if he requests one.

(b) Cause for removal may be found where a member is absent for three consecutive meetings or 50 percent of the board's regularly scheduled meetings. The chairperson shall report to the township council every six months as to such absenteeism. (Code 1988, § 175-22)

If a vacancy in any class of the planning board shall occur other than by expiration of the term, it shall be filled by appointment, as provided in this division, for the unexpired term. (Code 1988, § 175-23)

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 municipal employee designated by it. (Code 1988, § 175-24)

There is hereby created the office of planning board attorney. The planning board may annually appoint, 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. (Code 1988, § 175-25)

The planning board may also employ or contract for and fix the compensation of services of experts and other staff and services as it may deem necessary. The board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the township council for its use. (Code 1988, § 175-26)

(a) Adoption of bylaws. The planning board is authorized to adopt bylaws governing its procedural operation. It shall also have the powers and duties in this section.

(b) Master plan. The planning board shall adopt and, from time to time, 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 the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

(c) Administration of chapter. The planning board shall administer the provisions of-this chapter and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

(d) Required plans. The planning board shall participate in the preparation and review of programs or plans required by state or federal law or regulations.

(e) Continued planning. The planning board shall assemble data on a continuing basis as part of a continuous planning process.

(f) Preparation of capital improvement program. The planning board shall annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend them to the township council.

(g) Reports on referred matters. The planning board shall consider and make reports to the township council, within 35 days after referral, as to any proposed development regulation or other matter submitted to it for review by the mayor and township council.

**Webmasters Note: The previous sections, 62-52(g) through 62-83(g), have been amended as per Supplement No. 4.

(h) Power to exercise authority of zoning board of adjustment. When reviewing applications for approval of subdivision plats, site plans or conditional uses, the planning board may, to the same extent and subject to the same restrictions as the zoning board of adjustment:

(1) Grant variances 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 lot.

(2) Direct the issuance of a permit for a building or a structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the official map, if it is satisfied that:

a. The parcel of land cannot yield a reasonable return to the owner unless a building permit is granted; and

b. The building or structure will increase the cost of opening such street as little as practicable or will tend to cause a minimum of change of the official map. In directing the issuance of such permit, the board shall impose reasonable requirements as a condition of granting the permit, so as to promote the health, morals, safety and general welfare of the public.

(3) Direct the issuance of a permit for a building or structure not related to a street where it is satisfied that:

a. If the permit is not granted, practical difficulty or unnecessary hardship would result; and

b. The circumstances of the case do not require the building or structure to be related to a street.

The board may direct the issuance of such a permit subject to conditions that will provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the official map or on a general circulation plan element of the municipal master plan.

(4) Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include references to the request for a variance or direction for issuance of a permit, as the case may be.

(i) Advisory duties. The planning board shall 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 municipal agencies and officers.

(j) Informal review. At the request of the developer, the planning board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for a development. The developer shall not be required to submit any fees for such informal review. 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. (Code 1988, § 175-27)

The chairman of the planning board shall establish a minor subdivision committee to review applications for development of minor subdivisions. The committee shall have the power to determine, on behalf of the board, whether an application for development conforms -to the definition of "minor subdivision" in this chapter. The committee shall also have the power to approve those applications which so conform, whether unconditionally or conditioned on terms ensuring the provision of improvements. (Code 1988, § 175-28)

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 shall serve at the pleasure of the mayor. (Code 1988, § 175-29)