[Amended by Ord. No. 4-97]
The Planning Board as heretofore established pursuant to N.J.S.A. 40:55D-90b is hereby continued.
The Planning Board shall have nine members consisting of the following four classes:
Class I. The Mayor or the Mayor's designee in the absence of the Mayor.
Class II. One of the officials of the municipality other than a member of the governing body to be appointed by the Mayor.
Class III. A member of the governing body to be appointed by it.
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.
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.
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.
Class IV members.
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.
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, unless an appointment is made to fill an unexpired term.
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.
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.
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.
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.
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:
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.
To participate in the preparation and review of programs or plans required of the Planning Board by state or federal law or regulations.
To assemble data on a continuing basis as part of a continuous planning process.
Upon request, to assist the governing body in preparation of a program of municipal capital improvement projects and amendments thereto.
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.
To review applications for conditional use approval.
To exercise, to the same extent and subject to the same restrictions, all the powers granted by law to the Zoning Board of Adjustment.
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.
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.