[HISTORY: Adopted by the Mayor and Council of the Borough of Dunellen 5-1-1996 by Ord. No. O96.07. Amendments noted where applicable.]
There is hereby created in the Borough of Dunellen a nine-member single jurisdiction Planning Board. This single jurisdiction Planning Board hereby succeeds to all of the powers of the existing Planning Board and Zoning Board of Adjustment. The existing Planning and Zoning Boards are hereby abolished.
Any and all existing ordinances regarding the creation of a Board of Adjustment in the Borough of Dunellen shall be repealed effective May 1, 1996, including, but not limited to, all ordinances establishing the Board of Adjustment, its powers, its duties, organization, etc. Specifically, Borough Ordinance No. 115-17 is hereby repealed in its entirety.
The single jurisdiction Planning Board shall consist of nine members appointed pursuant to N.J.S.A. 40:55D-23(a) and shall consist of the following:
A. 
Class I. Mayor or Mayor's designee to act in the absence of the Mayor.
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 be an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by Section 1of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1) shall be considered as a Class II Planning Board member.
C. 
Class III. A member of the governing body to be appointed by it.
D. 
Class IV. Other citizens of the municipality.
A. 
The single jurisdiction planning board members are appointed to terms pursuant to N.J.S.A. 40:55D-23 (b) as follows:
(1) 
Class I shall correspond to the Mayor's term.
(2) 
Class II and III shall be for one year or shall terminate at the completion of the respective terms of office, whichever occurs first. However, if the Class II member is also a member of the Environmental Commission, then it 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.
(3) 
Class IV. The first members of this Class shall be distributed evenly over the first four years after their appointments, but for not more than four years. Thereafter, the Class IV term of each such member shall be for four years.
B. 
The term of appointment of any class of member of the Planning Board shall commence on January 1.
C. 
Class I and Class III members of the Planning Board shall not participate in any application for development seeking a "d" variance or use variance.
The Borough of Dunellen Planning Board shall exercise all of the powers and duties previously granted to the preexisting Board of Adjustment, including, but not limited to, all of the powers set forth in N.J.S.A. 40:55D-69 et seq. The Planning Board shall be governed by and shall have such powers as are conferred upon it by P.L. 1975, Chapter 291, which shall also include all the powers of a Board of Adjustment.
Pursuant to N.J.S.A. 40:55D-25(c), the Planning Board of the Borough of Dunellen shall exercise all of the powers of the Board of Adjustment. Specifically the Planning Board of the Borough of Dunellen acting pursuant to N.J.S.A. 40:55D-25(c) shall have the powers set forth in the statutes of the State of New Jersey and herein. All reference to "Board of Adjustment" shall be changed to "Planning Board Acting as a Board of Adjustment."
Any and all applications pending before the Board of Adjustment shall be transferred to the Planning Board effective May 1, 1996.
Any and all escrow accounts for matters pending before the Board of Adjustment shall continue to be held by the Borough of Dunellen and transferred to the jurisdiction of the Planning Board together with all applications being transferred.