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 a Class II or 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 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 Adjustment, or Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.

The terms of all Class IV members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years of their appointment; provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years.

If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as provided above, for the unexpired term.

Meetings of the Planning Board shall be held at least once a month and on such dates as determined by the Planning Board at its annual organization meeting and at the call of the Chairman. The Planning Board may provide for special meetings, at the call of the chairman, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the Planning Board present at the meeting except as otherwise specifically required. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.) and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee based on the fee ordinance for reproduction of the minutes.

In accordance with the provisions of N.J.S.A. 40:55D-28, to make and adopt and from time to time amend a Master Plan for the physical development of the Township including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the Township.

To review, at least once every six years, the Master Plan and the development regulations of the Township as directed by the Township Committee and in accordance with N.J.S.A. 40:55D-89 et seq.

To administer the provisions of the Township's land development ordinance in accordance with the provisions of that chapter and the applicable provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

To review and make recommendations to the Township Committee on the official map of the Township pursuant to N.J.S.A. 40:55D-32 and N.J.S.A. 40:55D-26.

To approve conditional use applications in accordance with the provisions of the land development ordinance pursuant to N.J.S.A. 40:55D-67.

When reviewing an application for approval of a subdivision plat, site plan or conditional use to grant to the same extent and subject to the restrictions as the Zoning Board of Adjustment:

To prepare annually a program of municipal capital improvement projects projected over a term of six years and amendments thereto, and recommend same to the Township Committee.

To consider and make a report to the Township Committee 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/or N.J.S.A. 40:55D-64, and also pass upon other matters specifically referred to the Planning Board by the Township Committee pursuant to N.J.S.A. 40:55D-26b.

To participate in the preparation and review of programs or plans required by State or Federal law or regulations to the extent deemed appropriate and at the request of the Township Committee.

To assemble data on a continuing basis as part of a continuing planning process.

To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other agencies and offices of the Township.

The term of each regular member shall be four years and the term of each alternate member shall be two years. Alternate members may participate in discussions of the proceeding but may not vote except in the absence or disqualification of a regular member. 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.

A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

Meetings of the Board of Adjustment shall be held at least once per month and on such dates as determined by the Board of Adjustment at its annual organization meeting and at the call of the chairman.

The Board may fix, by rule, the manner in which the chairman may issue any such call for a meeting and the amount of notice required of any such call. The Board may also fix, by rule, the manner, including the amount of notice in which meetings other than those at the call of the chairman may be held.

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for his use.

Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the zoning regulations.

Hear and decide requests for interpretation of the zoning map or ordinance or for decisions upon other special questions upon which the board is authorized to pass by any zoning or official map ordinance in accordance with statute.

(1) Where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of other extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to N.J.S.A. 40:55D-62 et seq. will result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from the strict application of such regulations so as to relieve such difficulties or hardship; (2) where in an application or appeal relating to a specific piece of property the purposes of this act will be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation will substantially outweigh any detriment grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq.; provided, however, that no variance from those departures enumerated in paragraph D of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for variance pursuant to N.J.S.A. 40:55D-60a.

In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq., to permit (1) a use or principal structure in a zone restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio, (5) an increase in the permitted density except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision or (6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the zone for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members. In addition to the powers specified above, the Board of Adjustment shall have the power given by law to:

Any variance from the terms of the zoning ordinance hereafter granted by the Board of Adjustment permitting the use, erection or alteration of any structure or structures, shall expire by limitation unless an appropriate construction permit is taken out within one year of the date of publication of the notice of the judgment or determination of the Board of Adjustment or unless construction on said project has commenced within two years of the date of publication of the notice of the judgment or determination of the Board of Adjustment.

The time limitations herein established may be extended for a period not to exceed one year, for good cause, by the Board of Adjustment upon application by the applicant.

Appeal. Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an Administrative Officer of the Township based on or made in the enforcement of the zoning ordinance or official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

Application for development. A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an Administrative Officer.

Time for decision.

Modification on appeal. The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the Administrative Officer from whom the appeal is taken.

Stay of proceedings by appeal; exception. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him that by reasons of facts stated in the certificate, a stay will, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.

Any maps or documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing, during normal business hours in the office of the clerk of the Board. The applicant may produce other documents, records, or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.

The officer presiding at the hearing or such person as he or she may designate shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, pursuant to statute [N.J.S.A. 2A:67A-1 et seq.].

Testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties, through their attorney, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

The municipal agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense. The charge shall be in accordance with the Township Committee's most recent resolution establishing fees.

Technical rules of evidence shall not be applicable to the hearing but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.

The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:

A copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the applicant, or if requested, to his attorney, without separate charge, and to all who request a copy of the decision at the fee prescribed in paragraph D above. A copy of the decision shall also be filed by the municipal agency in the office of the Administrative Officer. The Administrative Officer shall make a copy of such filed decision available to any interested party for the prescribed fee and the decision shall be available for public inspection at the office of the Administrative Officer during the normal business day.

A brief notice of the decision shall be published in the official newspaper of the municipality by the Clerk of the municipal agency within 10 days of the decision. The period of time in which an appeal of the decision may be made shall run from the date of the publication of the decision.

Notices given. Notice shall be given by the applicant, at least 10 days prior to the date of the hearing as follows:

Proof of service, The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development whenever notice pursuant to this section is required.

Public notice of a hearing on adoption, revision or amendment of the Master Plan; such notice shall be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing.

Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoption, revision or amendment of the Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.

Notice by personal service or certified mail to the County Planning Board of:

Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revisions or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.

Notice by personal service or certified mail shall be made to the County Planning Board of:

Notices of applications for development and Master Plan shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of applications for development, an identification of the property proposed for development by street address, if any, or by reference to the lot and block numbers as shown on the current tax duplicate in the municipal Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available for inspection.

Notices of hearings on ordinance or capital improvement program, action on capital improvement or official map shall state the date, time and place of the hearing and the nature of the matters to be considered.

Any notice by certified mail pursuant to this Chapter shall be deemed complete upon mailing.

The purpose of this Chapter is to establish an Historic Preservation Commission in accordance with N.J.S.A. 40:55D-107 of the Municipal Land Use Law. This Commission is established in recognition that Branchburg contains buildings and sites of special character and historic and aesthetic values, that these buildings and areas of the Township reflect elements of the cultural, social, economic and architectural history of Branchburg and that preservation and enhancement of such elements shall be encouraged wherever possible.

These elements are part of the inherent community design of Branchburg and play an important role in maintaining the scenic quality and visual character of Branchburg.

The goals of the Historic Preservation Commission are to:

The Historic Preservation Commission shall consist of seven regular members and may have not more than two alternate members. There shall be at least one member from Class A, at least one member from Class B, and four members from Class C. Class qualifications shall be as follows:

Alternate members shall meet the qualifications of Class C members.

The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members, if any, as "Alternate No. 1" and "Alternate No. 2."

The term of a regular member shall be four years; and the term of an alternate member shall be two years.

A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.

A quorum for the transaction of business shall consist of five of the Commission's members, including the Chairman or, in his or her absence, the Vice Chairman.

The Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public records.

All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7, et seq.).

Alternate members may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of a regular member. 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.

No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

A member of the Historic Preservation Commission may (after public hearing if he requests it) be removed by the Township Committee for cause.

The Commission members shall serve without compensation.

The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Committee, unless the Township Committee, by appropriation, provides for separate legal counsel for the Commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for the Commission's use.

Prepare a survey of historic sites of the Township, pursuant to criteria identified in the survey report.

Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.

Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.

Advise the Planning Board and Board of Adjustment on applications for development pursuant to this Chapter.

Provide written reports, pursuant to this Chapter, on the application of the Zoning Ordinance provisions concerning historic preservation.

Carry out such advisory, educational and informational functions as well as promote historic preservation in Branchburg.

Report to the Township Committee on the first October meeting of the Committee on matters that come before the Historic Commission during the previous year and recommendations to assist the Historic Commission in carrying out its duties.

Historic site and historic districts regulated under this Chapter shall be those identified in the Historic Preservation Element of the Master Plan pursuant to N.J.S.A. 40:55D-65.1.

The Historic Preservation Commission shall make recommendations as to the inclusion, exclusion or amendment of historic sites and districts in the Master Plan as per above.

The Township Committee may, at any time, adopt, by affirmative vote of a majority of its authorized membership, historic sites or districts for inclusion in these regulations that are not based on identifications in the historic preservation plan element, the land use plan element or community facilities plan element, provided the reasons for the action of the Township Committee are set forth in a resolution and recorded in the minutes of the Township Committee.