[Amended by Ord. No. 4-97]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Planning Board as heretofore established
pursuant to N.J.S.A. 40:55D-23 is hereby continued.
A.
The Planning Board shall have nine members consisting
of the following four classes:
(1)
Class I. The Mayor or the Mayor's designee in the
absence of the Mayor.
(2)
Class II. One of the officials of the municipality
other than a member of the governing body to be appointed by the Mayor.
(3)
Class III. A member of the governing body to be appointed
by it.
(4)
Class IV. Six other citizens of the municipality to
be appointed by the Mayor. The members of Class IV shall hold no other
municipal office, position or employment, except that one member may
be a member of the Board of Education and one member may be a member
of the Historic Preservation Committee. 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
otherwise provided by statute.
B.
Terms.
(1)
The term of the member composing Class I shall correspond
to the Mayor's official tenure or, if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's 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, except for a Class II member, who is also a member of
the Environmental Commission. The term of the Class II or 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.
(2)
The term of a Class IV member who is also a member
of the Board of Education shall terminate whenever he/she is no longer
a member of such Board or at the completion of his/her Class IV term,
whichever occurs first.
(3)
Class IV members.
(a)
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 distributed
evenly over the first four years after their appointment is 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 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.
(b)
Thereafter, all Class IV members shall be appointed
for terms of four years, except as otherwise hereinabove provided.
(4)
All terms shall run from January 1 of the year in
which the appointment is made, unless an appointment is made to fill
an unexpired term.
C.
Alternate members. Alternate members may be appointed
to the Planning Board for Class IV members and shall meet the qualifications
of Class IV members of a nine member Planning Board. Alternate members
shall be designated at the time of their 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 term 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 just appointed exceed
two years. A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term only. 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.
D.
Filling of vacancies; removal. 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. An
alternate member may, after a public hearing if he requests one, be
removed by the governing body for cause.
A.
The Planning Board shall elect a Chairman and Vice
Chairman from the Class IV members and select a Secretary who may
be either a member of the Planning Board or a municipal employee designated
by it.
B.
Planning Board Attorney. There is hereby created the
office of Planning Board Attorney. The Planning Board may annually
appoint and fix the compensation of or agree upon the rate of compensation
of the Planning Board Attorney who shall be an attorney other than
the municipal attorney.
C.
Experts and staff. 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 governing body
for its use.
The Planning Board shall adopt such duties and
regulations as may be necessary to carry out the provisions and purposes
of this section. 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, which Master Plan shall
include a specific policy statement indicating the relationship of
the proposed development of the municipality, as redeveloped in the
Master Plan to the master plans of contiguous municipalities, the
Master Plan of Morris County, the State Development and Redevelopment
Plan and the district solid waste management plan of Morris County.
C.
To participate in the preparation and review of programs
or plans required of the Planning Board by state or federal law or
regulations.
D.
To assemble data on a continuing basis as part of
a continuous planning process.
E.
Upon request, to assist the governing body in preparation
of a program of municipal capital improvement projects and amendments
thereto.
F.
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 Mayor and Board of Aldermen pursuant to the provisions
of N.J.S.A. 40:55D-26b.
G.
To review applications for conditional use approval.
H.
To exercise, to the same extent and subject to the
same restrictions, all the powers granted by law to the Planning Board.
I.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body for the aid
and assistance of the governing body or other agencies or officers.
J.
To exercise such other powers and duties as are permitted
by law.
Class I and Class III members of the Planning
Board shall not participate in the consideration of any applications
for development which involve variances pursuant to N.J.S.A. 40:55D-70d.
