There is hereby established in the Town of Newton, pursuant to R.S. 40:.55D-1, et seq., a planning board of seven members consisting of the following four classes:

Class I. The Mayor.

Class II. one of the officials of the town other than a member of the town council, to be appointed by the mayor.

Class III. A member of the town council, to be appointed by it.

Class IV. Four other citizens of the town, to be appointed by the town council.

The members of Class IV shall hold no other town office.

There may also be not more than two alternate members appointed to the planning board in the same manner as Class IV members who shall be designated by the chairman of the planning board as "alternate no. 1" and "alternate no. 2".

Alternate members may participate in discussion 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.

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.

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 distributed evenly over the first four years after their appointment, as determined by resolution of the town council, 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 terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise hereinabove provided, All terms shall run from January 1 of the year in which the appointment is made.

The terms of alternate members shall be for two years except that of the alternate members first appointed, one shall be appointed for a one year term and one shall be appointed for a two year term. The terms shall run from January 1 of the year in which the appointment is made. Thereafter, all appointments shall be made for a term of two years.

If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term 18A-2.5 Planning Board Attorney.

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 town attorney other than the municipal attorney, shall be appointed in the manner provided by law

There is hereby created the office of planning board attorney. The planning board attorney, who shall be an attorney other than the municipal attorney, shall be appointed in the manner of the law.

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

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 amend, a master plan for the physical development of the town, including any areas outside its boundaries which in the board's judgment bear essential relation to the planning of the town, in accordance with the provisions of R.S. 40:55D- 28.

b. To administer the provisions of the Land Subdivision Chapter and Site Plan Review Chapter of the town, in accordance with the provisions of such chapters and the Municipal Land Use Law of 1975, R.S. 40:55D.

c. To hear applications for conditional uses and in proper cases to approve conditional use permits in accordance with provisions of the zoning chapter pursuant to N.J.S.A. 40:55D-76.

d. To participate in the preparation and review of programs or plans required by State or Federal law or regulations.

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

f. 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 town council.

g. To consider and make a report to the town council within 35 days after referral to the provisions of R.S. 40:55D-26a, and also pass upon other matters specifically referred to the planning board by the town council, pursuant to the provisions of R.S. 40:55D-26b.

h. Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70(d), to grant to the same extent and subject to the same restrictions as the board of adjustment:

1. Variances pursuant to N.J.S.A. 40:55D-70(c).

2. Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

3. Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.

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, or direction for issuance of a permit, as the case may be.

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

1. To perform such other advisory duties as are assigned to it by ordinance or resolution of the town council for the aid and assistance of the town council or other agencies or officers.

Applications for development within the Jurisdiction of the planning board, pursuant to the provisions of R.S. 40:55D, shall be filed with the administrator of the planning board. The applicant shall file at least 30 days before the date of the monthly meeting of the board:

a. Twelve copies of any conceptual plan to be reviewed by the board.

b. Twelve copies of an application for minor subdivision approval.

c. Twelve copies of an application for major subdivision approval, or

d. Twelve copies of an application for either major or minor site plan review, conditional use approval or planned development. At the time of filing the application, but in no event less than ten days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the planning board.

The applicant shall obtain all necessary forms from the secretary of the planning board. The secretary of the planning board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the planning board.

Applications for development within the jurisdiction of the planning board shall be reviewed for completeness in accordance with the provisions of subsection 18A-4.8 of this chapter.

a. Minor Subdivisions. Minor subdivision or site plan applications shall be granted or denied within 45 days of the date of certification of submission of a complete application or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of planning board approval, unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the municipal engineer and the municipal tax assessor. Any such plat or deed shall be signed by the chairman and secretary of the planning board before it will be accepted for filing by the county recording officer. Minor site plan approval shall be deemed to be final approval of the site plan by the board, provided the board or a site plan committee of the board appointed by the chairman finds that the application conforms to the definition of "minor site plan", and further provided that the board or the subcommittee may condition such approval on terms ensuring the provision of improvements, pursuant to R.S. 40:55D-39, 40:55D-39, 40:55D-41 and 40:55D-53.

Any approvals given, pursuant to this section, shall be conditioned 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.

b. Preliminary Approval, Site Plans and Subdivisions. Upon submission of a complete application for a site plan which involves ten acres of land or less and ten dwelling units or less or for a subdivision of ten or fewer lots, the planning board shall grant or deny preliminary approval within 45 days of certification of completeness of such submission, or within such further time as may be consented to by the developer.

Upon submission of a complete application for a site plan which involves more than ten acres or more than ten dwelling units, or for a subdivision of more than ten lots, the planning board shall grant or deny preliminary approval within 95 days of the date of certification of completeness of such submission or within such further time as may be consented to by the developer. Otherwise the planning board shall be deemed to have granted preliminary approval to the subdivision or site plan.

c. Ancillary Powers. Whenever the planning board is called upon to exercise its ancillary powers before the granting of a variance, as set forth in paragraph 18A-2.7g of this chapter, the planning board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application, or within such further time as may be consented to by the applicant.

d. Final Approval. Application for final subdivision or site plan approval shall be granted or denied within 45 days of certification of completeness of the application or within such further time as may be consented to by the applicant.

Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat, unless within such period the plat shall have been duly filed by the developer with the county recording officer.

The planning board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat.

e. Conditional Uses. Upon submission of a complete application for approval of a conditional use the planning board shall grant or deny such application within 95 days from the date of certification of completeness of the application, or within such further time as may be consented to by the applicant. The review of the conditional use shall include any required site plan review. Failure of the planning board to act within the prescribed period shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant.

The town council 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 town council.

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, R.S. 2A-67A-1, et seq., shall apply.