The Planning Board of nine members established pursuant to P.L. 1975, Chapter 291 (N.J.S. 40:55D-11 and following) is hereby continued. The Planning Board shall consist of four classes of members as follows:

Class I - The Mayor

Class II - One of the officials of the Township other than a member of the governing body, to be appointed by the Mayor, provided that the member of the Environmental Commission who is also a member of the Planning Board as required by law shall be deemed to be the Class II Planning Board member for purposes of this section in the event that there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.

Class III - A member of the governing body to be appointed by it.

Class IV - Six citizens of the municipality to be appointed by the Mayor. The members of Class IV shall not hold any other municipal office, position or employment except that one such member may be a member of the Zoning Board of Adjustment and one member may be a member of the Board of Education. The member of the Environmental Commission who is also a member of the Planning Board shall be a Class IV Planning Board member, unless there be among the Class IV or alternate members both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member common to the Planning Board and the Environmental Commission shall be deemed a Class II member of the Planning Board.

The Mayor may appoint not more than two alternate members of the Planning Board. Such alternate members shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of 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 terms 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 first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor 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.

For purposes of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.

The term of the member composing Class I shall correspond with his 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 this term of office as a member of the Environmental Commission, whichever occurs first.

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

The Planning Board shall elect a chairman and a vice chairman from the members of Class IV and select a secretary who may or may not be a member of the Planning Board or a municipal employee.

The office of Planning Board Attorney is hereby continued. The Planning Board may annually appoint and, subject to the appropriation of funds, fix the compensation of the Planning Board Attorney, who shall be an attorney other than the Township Attorney or Zoning Board of Adjustment Attorney.

The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed the amount appropriated by the Township Committee for its use, exclusive of gifts or grants.

The Planning Board shall be governed by and shall have such powers as are conferred upon it by P.L. 1975, Chapter 291 (N.J.S. 40:55D). More specifically, the Planning Board shall have authority as in the following subsections.

Prepare, adopt and, from time to time, amend or revise a Master Plan meeting the requirements of Article 3 of the Municipal Land Use Law, N.J.S. 40:55D-28, as amended.

Exercise control over the review of subdivisions and site plans in accordance with Article 6.

Exercise control over the granting of applications for conditional uses.

Whenever the proposed development requires approval pursuant to this chapter of a subdivision, site plan or conditional use, but not a variance pursuant to Subsection 30-47.4 of this chapter, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditioned use. The separate approval of the variance or direction of the issuance of a permit shall be conditional upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.

Exercise such other duties as may be assigned to it by ordinance or resolution of the governing body and perform such other functions as may be authorized by P.L. 1975, Chapter 291 and other State statutes and administrative regulations.

Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the governing body, within 35 days after referral, a report including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the Master Plan and recommendations concerning such inconsistencies and any other matters as the Planning Board deems appropriate.

The governing body, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation.

Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the governing body from the requirements of this section in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.

Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S. 40:55D-62(a) to any zoning ordinance or any amendment or revision thereto.

The governing body may by ordinance provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon except that the governing body may not require referral to the Planning Board of any matter under the jurisdiction of the Zoning Board of Adjustment. Whenever the Planning Board shall have made a recommendation regarding a matter as authorized by law to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.

Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to Subsection 30-28.4 of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Board Manager of the Planning Board or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Whenever an applicant wishes to claim approval of his application for development by reason of the failure of the Planning Board to grant or deny approval within the applicable time period, the applicant shall comply with the procedural requirements of N.J.S. 40:55D.

The Planning Board shall have the power to review and approve or deny conditional uses, variances or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use, variance or site plan.

A member of the Planning Board who was absent from one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted notwithstanding his absence from one or more meetings, provided that such member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

After the appointment of a Planning Board, the Mayor may appoint one or more persons as a Citizen's Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.

Whenever an Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development submitted to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

Whenever the Planning Board shall have adopted any portion of the Master Plan, the governing body or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds, incidental to the location, character or extent of such project, shall refer the action involving such specific project to the Planning Board for review and recommendation in conjunction with such Master Plan and shall not act thereon, without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district, or other authority, redevelopment agency, school board or other similar public agency, State, County or municipality.

On or before August 1, 1988 the Planning Board shall complete a general reexamination of the Master Plan and Township development regulations. Such reexamination shall meet the requirements of Section 76 of the Municipal Land Use Law, N.J.S. 40:55D-89.

The Planning Board shall prepare and adopt by resolution a report on the findings of such reexamination, and copies of the report and resolution shall be filed with the County Planning Board and forwarded to the municipal clerk of each adjoining municipality.

Subsequent reexaminations shall be completed at least once every six years from the previous reexamination.

The absence of the adoption by the Planning Board of any reexamination report as required by this section shall constitute a rebuttable presumption that the Township development regulations are no longer reasonable.