Class I: the Mayor of the Township.

Class II: one of the officials of the Township other than a member of the Township Committee, to be appointed by the Mayor, provided that if there is 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 deemed to be the Class II Planning Board Member for purposes of this article in the event that there is among the Class IV 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 Township Committee, to be appointed by said Committee.

Class IV: six citizens of the Township of Hillside, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office 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 an Environmental Commission who is also a member of the Planning Board shall be a Class IV Planning Board member, unless there is among the Class IV members of the Planning Board 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 Environmental Commission shall be deemed a Class II member of the Planning Board.

The Township Committee may appoint two alternate members of the Planning Board for Class IV members and shall meet 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 filed by the appointing authority for the unexpired term only. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.

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.

The terms of the Mayor shall correspond to 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 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 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 under this article shall be so determined that, to the greatest practicable extent, the expiration of such term 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.

Nothing contained 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 pursuant to N.J.S.A. 40:55D-23. Those members of the Planning Board who are appointed pursuant to N.J.S.A. 40:55D-23 as alternate members of the Planning Board shall expire.

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

The Planning Board shall elect a Chairman and 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 Planning Board Chairman may appoint from among the members of the Board a Subdivision and Site Plan Committee to review report and make recommendations to the full Board regarding subdivision and site plan applications pending before the Board. The Planning Board Chairman may also appoint from among the members of the Board such other committees as the Chairman may deem advisable in carrying out the functions of the Planning Board.

The Planning Board may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorney, and experts and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body.

Grant variances pursuant to N.J.S.A. 40:55D-70c.

Direct pursuant to N.J.S.A. 40:55D-34 the issuance of a permit for a building or structure in the bed of a mapped street of public drainage way, flood control basin or public area reserved on an Official Map pursuant to N.J.S.A. 40:55D-32.

Time periods. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 188-49E of this article, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. 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 review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Planning Board shall condition an approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Prior to the adoption by the Township Committee of a development regulation, revision or amendment thereto, the Planning Board pursuant to N.J.S.A. 40:55D-26a shall make and transmit to the Township Committee, within 35 days after referral, a report including recommendations concerning the proposed development regulation, revision or amendment. The Township Committee 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 reason 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 Township Committee from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.

The Township Committee pursuant to N.J.S.A. 40:55D-26b may by ordinance provide for the reference of any matter or class of matters to the Planning Board before final action therein by a municipal body or municipal officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by N.J.S.A. 40:55D-1 et seq. to another municipal body, such recommendation may be rejected only by a majority of the fully authorized membership of such other body.

The Planning Board may exercise other duties as may be assigned to it by ordinance or resolution of the Township Committee and perform such other functions as may be authorized by the New Jersey Municipal Land Use Law (Chapter 291 of the Laws of 1975)[2] and other state statutes and administrative regulations.