A planning board is established pursuant to the provisions of P.L. 1975, c. 291., Section 14.

(Prior code § 40-36)

The planning board shall consist of nine members. For convenience in designating the manner of appointment, the membership shall consist of and be divided into the following four classes:

A.

Class I: the mayor or mayor's designee in the absence of the mayor.

B.

Class II: one of the officials of the city appointed by the mayor.

C.

Class III: a member of the city council to be appointed by it.

D.

Class IV: six other citizens of the city to be appointed by the mayor. The members of Class IV shall hold no other city office.

(Prior code § 40-37)

A.

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 or 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, if there is one in this municipality. The term of a Class II, 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 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 or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever comes first. The terms of all Class IV members first appointed pursuant to this chapter 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 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, except as otherwise herein provided. If a vacancy in any class shall occur otherwise than by expiration of the planning board term, it shall be filled by appointment, as above provided, for the unexpired term.

B.

No member of the planning board shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if he or she requests one, may be removed by the city council for cause.

C.

Citizens' Advisory Committee. The mayor may appoint a citizens' advisory committee composed of one or more persons 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 by the board. Such person or persons shall serve at the pleasure of the mayor.

D.

Provision is made for two alternate members of the planning board.

1.

Alternate members shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members of nine member planning boards. 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 appointing authority for the unexpired term only.

2.

No alternate member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the governing body for cause.

3.

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.

(Prior code § 40-38)

A.

The planning board shall elect a chairman and vice chairman from the members of Class IV and shall select a secretary who may either be a member of the planning board or a municipal employee designated by it.

B.

The planning board may employ or contract for, and fix the compensation of, legal counsel other than the municipal attorney, a licensed planning consultant, a licensed engineer and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the city council for its use.

(Prior code § 40-39)

A.

The planning board shall follow the provisions of this title and shall accordingly exercise its power in regard to:

1.

The master plan pursuant to Chapter 17.20 of this title.

2.

Subdivision control and site plan review pursuant to Chapter 17.28 of this title.

3.

The official map pursuant to this title.

4.

The zoning article, including conditional uses.

5.

Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to Chapter 17.28 of this title.

B.

The planning board may:

1.

Participate in the preparation and review of programs or plans required by state or federal law or regulations.

2.

Assemble data on a continuing basis as part of a continuous planning process.

3.

Perform such other advisory duties as are assigned to it by ordinance or resolution of the city council for the aid and assistance of the city council or other agencies or officers.

(Prior code § 40-40)

A.

The planning board, when reviewing applications which require approval of a subdivision, site plan, or conditional use, but not a variance pursuant to Section 17.16.020(A)(4), shall have the power to grant to the same extent and subject to the same restrictions as the board of adjustment:

1.

Variances pursuant to Section 17.16.020(A)(3).

2.

Direction pursuant to Section 17.08.100 of this title for issuance of a permit for a building or structure not related to a street.

3.

Direction pursuant to this title issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, floor control basin or public area reserved pursuant to this title.

B.

Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit, as the case may be.

(Prior code § 40-41)

Prior to the adoption of a development regulation, or revision or amendment thereto, the planning board shall make and transmit to the city council, within thirty-five (35) days after referral, a report including recommendations concerning the proposed development regulation, revision or amendment. The city council when considering the adoption of a development regulation or 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 recommendations. Failure of the planning board to transmit its report within the thirty-five day (35) period provided herein shall relieve the city council from the requirements of this section in regard to the proposed development regulation, revision or amendment thereto referred to the planning board.

(Prior code § 40-42)