There is hereby established in the Township of Mendham a planning board consisting of seven regular members and two alternate members. The seven regular members shall be divided into the following four classes:

The two alternate members shall be citizens of the municipality to be appointed by the mayor. Alternate members shall hold no other municipal office. Alternate members shall be designated by the chairman at the time of appointment as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members of any class.

For purposes of this section, membership on a municipal board or 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 municipal office..

The term of the member composing Class I shall correspond to his 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 term of a regular Class IV member who is also a member of the environmental commission shall be for three years or terminate at the completion of his term of office as a member of the environmental commission, whichever occurs first. The terms of other regular Class IV members shall be four years. The term of each alternate member shall be two years, provided that the term of no more than one alternate member shall expire in any year. All terms shall run from January 1 of the year in which the appointment is made.

If a vacancy in the position of a regular or alternate member shall occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired term.

The planning board shall elect a chairman and a vice-chairman from the members of Class IV and select a secretary who may or may not be a member of the planning board or a township employee.

There is hereby created the office of planning board attorney. The planning board may annually appoint and, subject to the appropriation of funds, fix the compensation of the planning board attorney, who shall be an attorney other than the township attorney or zoning board of adjustment attorney.

The planning board may employ or contract for the services of experts and other staff and services as it may deem necessary. The board shall not, however, exceed the amount appropriated by the township committee for its use, exclusive of gifts or grants.

The planning board shall have the following general powers and duties:

a. 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 judgment of the planning board, bear an essential relation to the planning of the township in accordance with the provisions of R.S. 40:55D-28.

b. To administer the provisions of Chapter XVI, Subdivision and Site Plan Review, and other land use regulations as to which the planning board is given responsibility under ordinances of the township, all in accordance with the provisions of such ordinances and the Municipal Land Use Law, R.S. 40:55D-1 and following.

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

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

e. To annually prepare a program of township capital improvement projects projected over a term of six years, and amendments thereto, and recommend the same to the township committee.

f. To consider and make reports to the township committee within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of R.S. 40:55D-26(a), and also to pass upon other matters specifically referred to the planning board by the township committee pursuant to the provisions of R.S. 40:55D-26(b).

g. Whenever reviewing an application requiring approval of a subdivision, site plan or conditional use but not a variance or departure pursuant to R.S. 40:55D-70(d), to grant to the same extent and subject to the same restrictions as the zoning board of adjustment variances specified in subsection 15-8c 1 and 2. Whenever relief is requested pursuant to this paragraph, notice of a hearing on the application for development shall include reference to the request for a variance.

h. Whenever reviewing an application requiring approval of a subdivision, site plan or conditional use but not a variance or departure pursuant to R.S. 40:55D-70(d), to grant to the same extent and subject to the same restrictions as the zoning board of adjustment directions pursuant to R.S. 40:55D-34 for the 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 on an official map, or directions pursuant to R.S. 40:55D-36 for the issuance of a permit for a building or structure not related to a street. Whenever relief is requested pursuant to this paragraph, notice of a hearing on the application for development shall include reference to the request for the direction.

i. To perform such other advisory duties as are assigned to the planning board by ordinance or resolution of the township committee for the aid and assistance of the township committee or other agencies or officers.

j. To adopt such rules and regulations as may be necessary of carry into effect the provisions and purposes of this chapter.

An applicant may elect to submit a separate application requesting approval of a variance or direction for the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction shall be conditioned upon the grant of all required subsequent approvals by the planning board. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning regulations.

The mayor of the township may appoint one or more persons as a citizen's 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 by the board. Such person or persons shall serve at the pleasure of the mayor.

Whenever the environmental commission has prepared and submitted to the planning board an index of the natural resources of the township, the planning board shall make available to the environmental commission an informational copy of every application for development submitted 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.

Whenever the planning board shall have adopted any portion of the master plan, the governing body or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds incidental to the location, character or extent of such project, shall refer the action involving such specific project to the planning board for review and recommendation in conjunction with such master plan and shall not act thereon without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district or other authority, redevelopment agency, school board or other similar public agency, state county or municipality.

a. Minor Subdivision Approval. Minor subdivision approval shall be granted or denied within 45 days of the date of the submission of a complete application to the planning board or within such further time as may be consented to by the applicant.

b. Preliminary Approval of Major Subdivision. Upon submission of a complete application for a subdivision of ten or fewer lots, the planning board shall grant or deny preliminary approval within 45 days of the date of such submission of within such further time as may be consented to by the developer. Upon submission of a complete application for subdivision of more than ten lots, the planning board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.

c. Final Approval of Major Subdivision. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time a as may be consented to by the developer.

d. Site Plan Approvals. Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application or within such further time as may be consented to by the developer.

Upon the submission of a complete application for a major site plan for ten acres of land or less, the planning board shall grant or deny preliminary approval within 45 days of the date of submission or within such further time as may be consented to by the developer.

Upon the submission of a complete application for a major site plan of more than ten acres, the planning board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.

Application for final major site plan approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the developer.

e. Ancillary Powers. Whenever the planning board is called upon to exercise its ancillary powers pursuant to paragraphs 14-7g or 14-7h, the planning board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant.

f. Separate Consecutive Applications. In the event that an applicant elects to submit separate consecutive applications as permitted by section 14-8, the 120-day time limit shall apply to granting or denying the application for approval of the variance or direction of issuance of a permit. The time for granting or denying any subsequent approval shall be as otherwise provided in this ordinance or in the Municipal Land Use Law.

g. Conditional Approvals. Whenever review or approval of an application by the county planning board is required by R.S. 40:27-6.3 in the case of a subdivision, or by R.S. 40:27-6.6 in the case of a 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 planning board by its failure to report thereon within the required time period.

h. Failure of the Planning Board to Act. Failure of the planning board to act within the respective periods set forth in paragraphs a, b, d, d and e of this subsection, whichever is applicable, shall constitute the approval applied for, and a certificate of the township clerk as to the failure of the planning board to act shall by issued upon request of the applicant, and such certificate shall be sufficient in lieu of written endorsement or other evidence of approval.

Whenever an applicant wishes to claim approval of his application for development by reason of the failure of the Planning Board to grant or deny approval within the applicable time period, the applicant shall comply with the procedural requirements of R.S. 40:55D

On or before August 1, 1988 the Planning Board shall complete a general reexamination of the master plan and Township development regulations. Such reexamination shall meet the requirements of Section 76 of the Municipal Land Use Law, R.S. 40:55D-89.

The planning board shall prepare and adopt by resolution a report on the finding of such reexamination, and copies of the report and resolution shall be filed with the county planning board and forwarded to the municipal clerk of each adjoining municipality.

Subsequent reexaminations shall be completed at least once every six (6) years from the previous reexamination.

The absence of the adoption by the planning board of any reexamination report as required by this section shall constitute a rebuttable presumption that the township development regulations are no longer reasonable.

In the event that the planning board shall lack a quorum because any of its regular or alternate members is prohibited by section 13-2 from acting on a matter, 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 on 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 chairman of the zoning board of adjustment shall make the choice.