There is hereby established pursuant to the Municipal Land Use Law, in the Township of Wayne, a Planning Board of nine (9) members consisting of the following four (4) classes

A. Class I the Mayor or the Mayor's designee in the absence of the Mayor [Amended 4-5-1995 by Ord No. 14-1995]

B. Class II one (1) of the officials of the municipality other than a member of the Municipal Council to be appointed by the Mayor, provided that the member of the Environ- mental Commission who is also a member of the Planning Board, as required by NJSA 40 56A-1, shall be deemed to be the Class 11 Planning Board member if there are both a member of the Board of Adjustment and a member of the Board of Education among the Class IV members

C. Class III a member of the Municipal Council to be appointed by it

D. Class IV six (6) other citizens of the municipality to he appointed by the Mayor The members of Class IV shall hold no other Municipal office, except that one (1) such member may be a member of the Board of Adjustment and one (1) such member may be a member of the Board of Education The member of the Environmental Commission who is also a member of the Planning Board, as required by NJSA 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 Board of Adjustment and a member of the Board of Education, in which case the member common to the Planning Board and Environmental Commission shall be deemed to be the Class II member of the Planning Board

There is hereby provided, pursuant to the Municipal Land Use Law, in the Township of Wayne, two (2) alternate members to the Wayne Township Planning Board as follows

A.Alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members

B.The alternates appointed shall be specifically designated at the time of appointment as "Alternate No 1" and "Alternate No 2 "

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 I shall vote

A. The term of the member composing Class I shall correspond to the Mayor's tenure If the Mayor designates a person to sit in the absence of the Mayor, that person shall serve at the pleasure of the Mayor 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 II 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 shall be the first to occur [Amended 4-5-1995 by Ord No. 14-1995]

B. The terms of the alternate members shall be for two (2) years, except that the terms of the alternate members shall be such that the term of not more than one (1) alternate member shall expire in any one (1) )ear, provided, however, that in no instance shall the terms of the alternate members first appointed exceed two (2) years The terms shall be deemed to commence on January I of the year of the appointment [Added 8-10-1988 by Ord. No 48-1988]

C. 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

D. The terms of all Class IV members first appointed pursuant to this section shall be so determined that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four (4) years after their appointment, provided, however, that no term of any member shall exceed four (4) years and further provided that nothing herein shall affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms 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 was made

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 or may not be either a member of the Planning Board or a municipal employee designated by it

There shall be an office of Attorney to the Planning Board The Attorney to the Planning Board shall be an attorney other than the Municipal Attorney and shall be appointed by the Planning Board for a term of one (1) year commencing January I Appointment to such office made after January 1 of any year shall be limited to the calendar year, and such term shall terminate on December 31 of the year of appointment The Attorney to the Board shall receive such compensation as may be fixed by such Board, subject to the approval of the Council

The Planning Board may also employ or contract for and fix the compensation of experts and other staff and services as it may deem necessary The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Municipal Council for its use

No 24-1977]

The Planning Board is authorized to adopt by laws governing, its procedural operation It shall also have the following powers and duties

A. To make and adopt and from time to time reexamine and/or amend a Master Plan for the physical development of the township in accordance with the provisions of N.J.S.A 40 55D-28 and 40 55D-89

B. To exercise subdivision control and site plan review in accordance with the provisions of this chapter and the Municipal Land Use Law of 1975 (N.J.S.A 40 55D-1 et seq )

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 exercise its power in regard to the Official Map pursuant to the provisions of Article 5 of the Municipal Land Use Law

F. To consider and make report to the Municipal 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 Municipal Council, pursuant to the provisions of N.J.S.A. 40 55D-26b.

G. When reviewing applications for approval of subdivision plats, site plans or conditional uses

(1) To grant, to the same extent and subject to the same restrictions as the Board of Adjustment, variances pursuant to Section 57c of the Municipal Land Use Law [Amended 7-7-82 by Ord No 42-1982]

(2) In accordance with the provisions of N.J.S.A 40 55D. 34, to direct 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 pursuant to N.J.S.A 40 55D-32.

(3) In accordance with the provisions of N.J.S.A 40 55D. 36, to direct the issuance of a permit for a building or structure not related to a street

(4) Grant variances from the strict application of Article XII of this chapter, Floodplain Regulations, pursuant to § 134-416 [Added 6-7-78 by Ord, No. 21-1978]

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

H. To perform such other advisory duties as are assigned to it by ordinance or resolution of the Municipal Council for the aid and assistance of said body or other agencies or officers.

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

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