§ 276-57. Establishment of Planning Board.

A. 

In accordance with the provisions of N.J.S.A. 40:55D-23, N.J.S.A. 40:55D-25c and as otherwise authorized by the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq., the Planning Board heretofore created is continued consisting of nine regular and four alternate members of the following four classes:

(1) 

Class I: the Mayor.

(2) 

Class II: one of the officials of the City other than a member of the governing body, to be appointed by the Mayor.

(3) 

Class III: one member of the governing body to be appointed by it.

(4) 

Class IV Regular Members: 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 if there be 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 the Class IV Planning Board Member.

(5) 

Class IV Alternate Members: four other citizens of the municipality to be appointed by the Mayor. Alternate members shall meet the qualifications of Class IV regular members and shall be designated by the Mayor at the time of their appointment as "Alternate No. 1," "Alternate No. 2, "Alternate No. 3" and "Alternate No. 4."

B. 

The term of the member composing Class I shall correspond with his official tenure. The terms of the member composing Class II and Class III shall be for one year or terminate at the completion of his or her respective terms of office, whichever occurs first. The term of a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her term as a member of the Environmental Commission, whichever comes first.

C. 

All present Class IV members of the Planning Board shall continue in office until the completion of the terms for which they were appointed.

D. 

The terms of Class IV regular members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment, provided that the initial term shall not exceed four years. Thereafter, the term of each Class IV regular member shall be four years. All terms shall run from January 1 of the year in which the appointment is made.

E. 

The terms of the Class IV alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than two alternate members shall expire any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. All terms shall run from January 1 of the year in which the appointment is made.

F. 

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.

G. 

If a vacancy of 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 may be removed by the governing body for cause but only after public hearing, if requested, and other requested procedural due process protection.

H. 

Yearly, the Planning Board shall organize by selecting from among its Class IV regular members a Chairman and a Vice Chairman. The Board shall also select a Secretary who may or may not be a member of the Board or an employee of the City.

I. 

The governing body, after giving due consideration to budget requests that may be submitted by the Planning Board, shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.

J. 

The office of Planning Board Attorney is hereby created. The Planning Board may appoint to such office and fix compensation or rate of compensation of an attorney at law of New Jersey other than the City Attorney.

K. 

The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board, however, shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

L. 

The Planning Board, at least once a year, shall review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The Board of Adjustment shall send copies of the report and resolution to the governing body and Planning Board.