There is hereby established pursuant to c. 29 1, P L. 1975 (N.J.S.A. 40:55D-23 et seq ) in the Township of Berkeley Heights a municipal Planning Board of nine (9) members consisting of the following four classes:

Class I The Mayor (Chairman of the Township Committee).

Class II One of the officials of the municipality other than a member of the governing body to be appointed by the Mayor, provided that the member of the Environmental Commission who is also a member of the Planning Board as required by N J S.A 40 56A- 1 shall be deemed to be the Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members

Class III A member of the governing body to be appointed by the Township Committee

Class IV Six other citizens of the Township to be appointed by the Mayor.

The members of Class IV shall hold no other municipal office, except that one may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education A member of the Environmental Commission who is also a member of the Planning Board as required by N.J S A. 40.56A- 1 shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be a Class 11 member of the Planning Board.

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 (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 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 occurs first.

B. The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever 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 Ordinance shall be so determined that to the greatest practicable extent the expiration of such term shall be distributed evenly over the first four (4) years after their appointment as determined by resolution of the governing body, provided, however, that no term of any member shall exceed four (4) years and further provided that nothing here 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 (4) years except as otherwise hereinabove provided All terms shall run from January 1 of the year in which the appointment is made.

D. Alternate Members of Planning Board In addition to the above appointed six (6) members, the Township Committee shall also appoint two (2) alternate Class IV members who shall meet the qualifications provided herein for Class IV members of nine-member planning boards These alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1 and "Alternate No 2". The terms of the alternate members shall be for two (2) years, except that on the initial appointment, Alternate No. 1 shall be appointed for one (1) year and Alternate No. 2 shall be appointed for two (2) years A vacancy occurring otherwise than by expiration of term shall be filled by the Township Committee for the unexpired term only. No alternate member shall be permitted to act on any matter in 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 Township committee for cause.

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 in any class shall occur otherwise than by expiration of a term, it shall be filled by appointment as above provided for the unexpired term

The Planning Board shall elect a Chairman and Vice Chairman both 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 the Board.

There is hereby created the office of Planning Board Attorney The Planning Board may annually appoint, contract for and fix the 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, inclusive of gifts or grants, the amount appropriated by the governing body for its use

Whenever the performance of his official duties shall require any member of the Planning Board to deliberate, vote or act upon any matter involving his financial or personal interest pursuant to the Code of Ethics of the township of Berkeley Heights either directly or indirectly, he shall publicly disqualify himself from participation in the deliberations, as well as voting thereon and he shall not participate in any discussion or decision relating thereto