There is hereby established pursuant to N.J.S.A. 40:55D-1 et seq. (c. 291, P.L. 1975) in the Township of Howell a Planning Board of nine members consisting of the following four classes:

A. Class I: the Mayor.

B. Class II: one of the officials of the municipality other than a member of the governing body to be appointed by the Township Council.

C. Class III: a member of the governing body to be appointed by it.

D. Class IV: six other citizens of the municipality to be appointed by the Township Council. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education.

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 year or terminate at the completion of their respective terms of office whichever occurs 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 years after their appointment; provided, however, that no term of any member shall exceed four 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 years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

A. There shall be two alternate members of the Planning Board who shall be appointed by the Mayor and shall meet the qualifications of Class IV members of the Planning Board. Said alternates shall be designated at the time of their appointment as Alternate No. 1 and Alternate No. 2. 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 Mayor for the unexpired term only.

B. No alternate member shall be permitted to act on any matter on which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.

C. 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.

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.

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.

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.

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 however exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

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

(1) To make and 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 provisions of N.J.S.A. 40:55D-1 et seq.

(2) To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the Township in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.

(3) To approve conditional use application pursuant to N.J.S.A. 40:55D-67, in accordance with the standards set forth in the Zoning Ordinance.

(4) To participate in the preparation and review of programs or plans required by state or federal law or regulations.

(5) To assemble data on a continuing basis as part of a continuous planning process.

(6) 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.

(7) To consider and make report to the governing body within 35 days after referral as to any proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also pass upon other matters, specifically referred to the Planning Board by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26(b).

B. 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 variances pursuant to N.J.S.A. 40:55D-26(c) whenever relief is requested pursuant to this section notice of the hearing on the application for development shall include reference to the request for a variance.

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 administrative secretary of the Planning Board. The applicant shall file at least 14 days before the date of the agenda meeting of the Board 15 copies of a sketch plat; three copies of applications for minor subdivision approval; three copies of applications for major subdivision approval and three copies of applications for site plan review, conditional use approval, or planned development. At the time of filing the application, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the administrative secretary of the Planning Board. The Secretary shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.

The Mayor may appoint one or more persons to a Citizens Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person 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.

The Board shall adopt bylaws governing its procedural operation and 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.