There is hereby established pursuant to the Municipal Land Use Law a Planning Board consisting of nine members of the following four classes and alternate members as hereinafter provided:

Class I. The Mayor, or the Mayor's designee in the absence of the Mayor.

Class II. One of the officials of the municipality other than a member of the Governing Body to be appointed by the Mayor. The member of the Environmental Commission who is also a member of the Planning Board shall be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV or alternate members of the Planning Board.

Class III. A member of the Governing Body to be appointed by it.

Class IV. 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 one member may be a member of the Zoning Board of Adjustment and one 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 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 of the Environmental Commission shall be the Class II member of the Planning Board.

Alternate Members. Not more than two alternate members of the Planning Board to be appointed by the Mayor. Such alternate members shall be designated by the Township Committee as "Alternate #1" and "Alternate #2." 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. In the event that a choice must be made as to which alternate member is to vote, Alternate #1 shall vote. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. Alternate members shall meet the qualifications pertaining to Class IV members of the Planning Board.

Quorum. The Planning Board shall, in order of seniority, appoint members of the Zoning Board of Adjustment as temporary members to act on a particular matter whenever it is unable to achieve a quorum because of conflicts of interest by regular Planning Board members.

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 term.

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, unless the Class II member 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 the term of office as a member of the Environmental Commission, whichever comes first. The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever the member is no longer a member of such other body or at the completion of the member's Class IV term, whichever occurs first.

All Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January of the year the appointment is made.

Alternate members shall be appointed for terms of two years running from January 1 of the year each appointment is made, and the term of not more than one alternate member shall expire in any given year.

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

Any application before the Planning Board may be referred to any person or agency for a report, provided that such referral shall not extend the period of time within which the Board shall act.

To make and adopt and from time to time amend a Master Plan or components thereof, to guide the use of lands within the municipality in a manner which protects public health and safety and promotes the general welfare.

To administer the site plan and subdivision review provisions of this chapter.

Recommend to the Governing Body an official map pursuant to N.J.S.A. 40:55D-32.

Hear and decide applications for conditional uses in accordance with the applicable provisions of this chapter.

To participate in the preparation and review of programs or plans required by State or Federal law or regulations.

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

To consider and make report to the Governing Body within 35 days after referral as to any proposed development regulation, revision or amendment submitted to the Board pursuant to the provisions of N.J.S.A. 40:55D-26(a), with said report including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any other matters the Board deems appropriate, and also to review any matters which may be specifically referred to the Planning Board by the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-26(b), including, but not limited to, the following:

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

Whenever the proposed development requires approval of a site plan, subdivision, or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board shall grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

To perform such other advisory duties as are assigned by Ordinance or by resolution of the Governing Body for the aid and assistance of the Governing Body or other Township agencies or officers.

Minor Subdivisions. Minor subdivision approval shall be granted or denied within 45 days of the date of the certification of the completeness of an application by the Administrative Officer or within such further time as may be consented to in writing by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate as to the failure of the Board to act shall be issued by the Administrative Officer upon the request of the applicant.

Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law", or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Township Engineer, and the Township Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.

Preliminary Approval - Site Plans and/or Subdivisions.

Ancillary Powers. Whenever an application for site plan or subdivision approval includes a request for variance relief or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval within 120 days after certification by the Administrative Officer of the completeness of the application or within such further time as may be consented to in writing 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 of the 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 as to the failure of the Planning Board to act shall be issued by the Administrative Officer upon the request of the applicant.

Final Approval. Final site plan or subdivision approval shall be granted or denied within 45 days of certification by the Administrative Officer of the completeness of an application or within such further time as may be consented to in writing by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate as to the failure of the Planning Board to act shall be issued by the Administrative Officer upon the request of the applicant.

A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven residents of the Township of Springfield appointed by the Township Committee to serve for terms of four years each running from January 1 of the year of their respective appointments. No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.

In addition to the regular members, there may be not more than two alternate members of the Zoning Board of Adjustment, to be appointed by the Township Committee for terms of two years running from January 1 of the year each appointment is made. The term of not more than one alternate member shall expire in any given year. Such alternate members shall be designated by the Township Committee as "Alternate #1" and "Alternate #2". Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member is to vote, Alternate #1 shall vote. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. The qualifications and restrictions relating to regular members are also applicable to the alternate members.

Any vacancy of the Zoning Board of Adjustment occurring other than by expiration of an appointed term shall be filled by an appointment of the Township Committee to serve the unexpired term of the departing member. A member may, after public hearing if the member requests it, be removed by the Governing Body for cause.

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

Any action of the Zoning Board of Adjustment may be referred to any person or agency for a report, provided that such referral shall not extend the period of time within which the Board shall act.

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

Hear and decide requests for interpretations of the Zoning Map or zoning regulations of this chapter or decisions upon other special questions upon which such Board is authorized to pass by any Zoning or Official Map ordinance in accordance with the Municipal Land Use Law.

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 an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation in this chapter would 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 such strict application of such regulation so as to relieve such difficulties or hardship; where in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law would be advanced by a deviation from the zoning regulations of this chapter and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning regulations; provided, however, that no variance from those departures enumerated in Subsection d 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 the request for a variance.

In particular cases and for special reasons, grant a variance to allow departure from the zoning regulations of this chapter to permit:

No variance or other relief specified herein may be granted unless such variance or other relief may be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Land Use Ordinance.

Direct issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved on the Official Map.

Direct issuance of a permit for a building or structure not related to a street.

Grant, to the same extent and subject to the same procedures and restrictions as required of the Planning Board, unless otherwise specified, site plan, subdivision and/or conditional use approval whenever the Board is reviewing an application for approval of a variance pursuant to Subsection 35-52.5d of this chapter, provided, however, that the exercise of this power shall be limited to that lot (or lots) for which a variance is requested, or upon which a proposed variant use, structure or condition is to be situated.

Whenever the Zoning Board of Adjustment shall exercise this power, it shall follow the same procedures required of the Planning Board by the terms of this chapter unless otherwise specified.

Whenever the Zoning Board of Adjustment has jurisdiction over an application for a variance pursuant to Subsection 35-52.5d of this chapter, the developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a site plan, subdivision and/or conditional use. The separate approval of the variance shall be conditioned upon the granting of all required subsequent approvals by the Zoning Board of Adjustment, and no such subsequent approval shall be granted unless such approvals 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 requirements of this chapter. The number of votes required to grant any such subsequent approvals shall be as provided in this chapter for approvals by the Planning Board.

Grant certification of a nonconforming use or structure pursuant to N.J.S.A. 40:55D-68.

Applications addressed to the original jurisdiction of the Zoning Board of Adjustment without prior application to the Construction Official shall be filed with the Administrative Officer. Twenty-one copies of the application shall be filed at least 21 days before the regularly scheduled monthly meeting of the Board. At the time of filing the application, the applicant shall also file all plans, maps or other papers required by virtue of any provisions of this chapter. The applicant shall obtain all necessary forms from the Administrative Officer, who shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.

Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by the decision of any officer, department, board, or bureau of the municipality made in the enforcement of this chapter or the Official Map. Each appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal was taken, together with 21 copies of said notice given to the Secretary of the Zoning Board of Adjustment. Said notice of appeal shall specify the grounds for 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.

An appeal to the Zoning Board of Adjustment stays 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 Zoning Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.

In exercising the appeal power, the Zoning 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 officer from whose decision the appeal was taken.

The Zoning Board of Adjustment shall render a decision not later than 120 days after the date (1) an appeal is taken from the decision of an administrative official or agency, or (2) the submission of a complete application is submitted requesting approval by the Board of a variance pursuant to Subsection 35-52.5c or d, or of a site plan, subdivision and/or conditional use in which simultaneous approval of a variance pursuant to Subsection 35-52d is requested. In the event that the developer elects to submit separate consecutive applications for the variance and for subsequent site plan, subdivision and/or conditional use approval, the 120-day period shall apply only to the application for approval of the variance, and the time period for granting or denying any subsequent approvals shall be as provided in this chapter for approvals by the Planning Board as specified in Subsection 35-51.8.

Failure of the Board to render a decision within the requisite time period or within such further time as may be consented to in writing by the applicant shall constitute a decision favorable to the applicant, and a certificate as to the failure of the Board to act shall be issued by the Administrative Officer upon the request of the applicant.

Any variance from the terms of this chapter hereafter granted by the Zoning Board of Adjustment permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises, shall expire by limitation unless such construction or alteration shall have actually been commenced on each and every structure permitted by said variance, or unless such use permitted by said variance has actually been authorized by a construction permit within one year from the date of decision by the Zoning Board of Adjustment. If, however, a variance is granted in conjunction with simultaneous site plan or subdivision approval, it shall expire at the same time as the site plan or subdivision approval. In the event that an appeal is filed from the decision of the Zoning Board of Adjustment, the running of the period of limitation herein provided shall be suspended from the date the appeal is filed with the Governing Body or court of competent jurisdiction until the termination in any manner of such appeal or proceeding.

In the case where an application for variance relief has been approved subject to the subsequent approval of a separate site plan, subdivision and/or conditional use application, the approval of the variance shall stipulate a reasonable time period within which an application for preliminary or final approval of the site plan, subdivision and/or conditional use shall be submitted before the approval of the variance shall expire. At the request of the applicant, the Zoning Board of Adjustment may grant an extension of the previously stipulated period for submission for up to 12 additional months but not more than one such extension shall be granted.

Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless canceled for lack of development applications to process or for lack of a quorum.

Special meetings may be provided for at the call of the Chairman or on the request of any two Board members; any such special meeting shall be held on notice to the Board members and the public in accordance with all applicable legal requirements.

No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full authorized membership of the Board.

All actions shall be taken by majority vote of the members present except as otherwise required by any provision of the Municipal Land Use Law. The failure of any motion to receive the requisite number of votes for approval shall be deemed an action denying the application.

All regular meetings and all special meetings shall be open to the public except as provided in the Open Public Meetings Law. All such meetings shall be conducted, and notice of all such meetings shall be given, in accordance with the requirements of the Open Public Meetings Law.

Rules. A hearing shall be held on each application for development. The Planning Board or Zoning Board of Adjustment, as the case may be, shall make the rules governing the conduct of such hearings, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

Maps and Documents. Any maps and 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 Administrative Officer. The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.

Oaths. The officer presiding at the hearing or such person as the presiding officer may designate shall have 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, and the provisions of the County and Municipal Investigations Law shall apply.

Testimony. The 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 attorneys, 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.

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

Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in the municipal offices in lieu thereof on request to any interested party at the party's expense, unless otherwise provided by Ordinance for the municipality to assume the expense, provided that the charge shall not be more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall be certified in writing by the transcriber to be accurate. If the applicant provides a stenographer and a transcript is produced, a copy of said transcript shall be provided to the Board, by the applicant, at no cost to the Township.

Public notice of a hearing shall be given in an official newspaper of the Township for the following applications for approval:

The Administrative Officer shall notify the applicant at least two weeks prior to the meeting at which the public hearing will be conducted so that proper notice can be given by the applicant.

Whenever public notice is required for a hearing on an application for development, the applicant shall give notice thereof as follows:

All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing.

All notices required to be given pursuant to the terms of this chapter shall state: the date, time and place of the hearing; the nature of the matters to be considered; the identification of the property proposed for development by street address, if any, and by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available as required by law. Where a variance is requested, the notice shall specifically stipulate the requirement and/or regulation from which relief is sought and, in the case of a variance, the extent of relief requested.

Any member of a board who was absent for 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 the absence from one or more of the meetings, provided, however, that such member has available the transcript or recording of all of the hearing from which the member was absent and certifies in writing to the municipal agency that such member has read such transcript or listened to such recording.

Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

Any decision of the Planning Board or Zoning Board of Adjustment when acting upon any application for development and any decision of the Governing Body when acting upon an appeal shall include findings of fact and conclusions based thereon and shall be reduced to writing through resolution adopted at a meeting held within the time period provided for action on the application for development or through a memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the action was taken.

Only the members who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt such resolution. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution.

The vote on any such resolution shall be deemed to be a memorialization of the action taken and not to be an action of the approving authority; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by this section and Subsection 35-56.8.

If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may make application pursuant to N.J.S.A. 40:55D-10g.2.

A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the municipal agency for such service. A copy of the decision shall also be filed in the office of the Administrative Officer, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.

In the case of a default approval resulting from the failure of the Board to act or adopt a resolution within the required time period, the applicant shall provide notice of the default approval to all those entitled to notice by personal service or certified mail of the hearing on the application for development, whether or not the hearing on the application for development required public notice. Notice by certified mail shall be deemed complete upon mailing. All notices shall be filed pursuant to the requirements in N.J.S.A. 40:55D-10.4.

In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the approving authority shall process such application for development in accordance with this act and municipal development regulations, and, if such application for development complies with municipal development regulations, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.

In the event that development proposed by an application for development requires an approval by a governmental agency other than the approving authority the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the municipality shall make a decision on any application for development within the time period provided in this act or within an extension of such period as has been agreed to by the applicant unless the approving authority is prevented or relieved from so acting by the operation of law.

If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the application for development which alter the layout and/or design standards approved by the Planning Board or Zoning Board of Adjustment to an extent that the Administrative Officer determines that the basis upon which the municipal approval was granted has been changed, the applicant shall be required to apply for and obtain revised approval from the Planning Board or Zoning Board of Adjustment and pay the fees for such approval as set forth in this chapter.

Only upon fulfillment of all conditions precedent shall any subdivision plat or site plan be signed or any required zoning permit, construction permit, occupancy permit, or other approval be issued.

The fulfillment of all conditions, precedent or subsequent, shall be reported by the applicant in writing to the Board, which may cause such reports to be independently verified.