Pursuant to the provisions of N.J.S.A. 40:55D-23, the Borough of Hawthorne Planning Board shall be comprised of seven members and two alternates consisting of the following four classes:
A. 
Class I: the Mayor or the Mayor's designee.
B. 
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 if there is an Environmental Commission, 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 for purposes of this Act in the event that there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.
C. 
Class III: a member of the Borough Council appointed by the Council.
D. 
Class IV: four other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one such member may be a member of the Zoning Board of Adjustment or historic preservation commission. 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 amongst the Class IV or alternate members both a member of the Zoning Board or historic preservation commission and a member of the Board of Education, in which case, the member common to the Planning Board and environmental commission shall be deemed a Class II member. Alternate members appointed to the Planning Board shall be Class IV members.
A. 
The term of the member composing Class I shall correspond with his/her official tenure. The term of the member composing Class II shall be for one year or terminate at the completion of his/her first term 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 years or terminate at the completion of his/her term of office as a member of the Environmental Commission, whichever occurs first.
B. 
The term of the member composing Class III shall be for one year or terminate at the completion of his/her term of office, whichever occurs first.
C. 
The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his/her Class IV term, whichever occurs first.
D. 
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 terms shall be distributed evenly over the first four years after their appointment as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four 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 years, except as otherwise herein above provided. All terms shall run from January 1 of the year in which the appointment is made.
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.
Any member other than a Class I member, after a public hearing if he/she requests one, may be removed by the Borough Council for cause.
The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV and select a Secretary who may be either a member of the Planning Board, a municipal employee designated by the Board or someone outside the employment of the municipality duly appointed and hired by the Planning Board.
A. 
There shall be two alternate members of the Planning Board appointed by the Mayor and meeting the qualifications of Class IV members of seven member planning boards. The 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 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. Notwithstanding the aforesaid, the initial terms of the members shall be arranged so as to accomplish the intent of this section. 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 in which he/she has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he/she requests one, be removed by the Borough Council for cause.
C. 
The 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.
The Planning Board may employ, or contract for, and fix the compensation of legal counsel, experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of grants, the amount appropriated by the governing body for its use.
The Planning Board is authorized to adopt bylaws 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 Borough, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Borough, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To approve conditional use applications as authorized by state statute.
C. 
To administer the provisions of the Land Use and Development Ordinance of the Borough 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.
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 continuing planning process.
F. 
To review and make recommendations to the Council on the official map of the Borough pursuant to N.J.S.A. 40:55D-32 and N.J.S.A. 40:55D-26.
G. 
To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the governing body.
H. 
To consider and make report to the governing body within 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 Borough Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
I. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(1) 
A variance pursuant to N.J.S.A. 40:55D-70c.
(2) 
Direct the issuance of a permit for a building or structure either not related to a street (N.J.S.A. 40:55D-36) or in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map (N.J.S.A. 40:55D-32).
(3) 
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 a permit, as the case may be.
J. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing 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.