Pursuant to N.J.S.A. 40:55D-1 et seq., the Planning Board, as heretofore established, is hereby continued. The Planning Board shall consist of four classes of members as follows:

There shall be appointed by the Mayor two alternate Class IV members of the Planning Board, who shall serve in rotation during the absence or disqualification of any regular member or members of Class IV. Said alternate members shall serve for terms of two years; provided, however, that the initial terms of such members shall be for one and two years, respectively. Said alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." Participation of alternate members shall not be deemed to increase the size of the Planning Board established by ordinance pursuant to N.J.S.A. 40:55D-23.

The term of the member composing Class I 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 shall 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 under 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. All terms shall run from January 1 of the year in which the appointment was made.

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. 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.

When any hearing before a Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting(s) from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

The Planning Board is authorized to adopt bylaws and such other rules and regulations governing its procedural operation, which bylaws, rules and regulations shall be consistent with the provisions of this chapter and N.J.S.A. 40:55D-1 et seq. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary, who may or may not be a member of the Planning Board or a municipal employee, and create and fill such other offices as established by ordinance.

There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint and fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.

The Planning Board may also employ or contract for the services of experts and 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.

The Planning Board shall be governed by and shall have such powers as are conferred upon it by N.J.S.A. 40:55D-1 et seq. More specifically, the Planning Board shall have authority to:

Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 415-39A(3) of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after the 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.

The Planning Board shall have the power to review and approve or deny conditional uses 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 period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply; except that, where the developer elects to submit separate consecutive applications, the appropriate time periods prescribed by N.J.S.A. 40:55D-61 shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.

After the appointment of a Planning Board, the Mayor may appoint one or more persons as a Citizens' 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 action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.

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 municipal.

Pursuant to N.J.S.A. 40:55D-69, the Zoning Board of Adjustment, as heretofore established, is hereby continued. The Board shall consist of seven regular members and two alternate members, all of whom shall be residents of the Borough and appointed by the Mayor, with the advice and consent of the Municipal Council.

Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." 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. Participation of alternate members shall not be deemed to increase the size of the Zoning Board of Adjustment established by ordinance pursuant to N.J.S.A. 40:55D-69.

The terms of the members first appointed under this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no alternate member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years, and the term of each alternate member shall be two years. No member may hold any elective office or position under the municipality.

A member may, after public hearing if he requests it, be removed by the governing body for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

When any hearing before a Zoning Board of Adjustment shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting(s) from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

The Zoning Board of Adjustment is authorized to adopt bylaws and such other rules and regulations governing its procedural operation, which bylaws, rules and regulations shall be consistent with the provisions of this chapter and N.J.S.A. 40:55D-1 et seq. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary, who may or may not be either a member of the Board of Adjustment or a municipal employee.

There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint and fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Municipal Attorney.

The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other 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.

The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on Zoning Ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendments or revision, if any. The Board of Adjustment shall send copies of the report and resolution to the governing body and Planning Board.

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.

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 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 an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Board of Adjustment shall condition any 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.

An application under this section may be referred to any appropriate person or agency, including the Planning Board, pursuant to N.J.S.A. 40:55D-26, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

The final disposition of any matter by the Board shall require the concurring vote of a majority of a quorum of its members except as provided in § 415-39A(4).

Any variance from the terms of this chapter hereafter granted by the 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 been actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced within one year, unless otherwise limited by the terms of the variance as originally approved by the Board of Adjustment, from the date of entry of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding or unless extended by the Board of Adjustment upon the showing of good cause.

Any interested party may appeal the decision of the Board of Adjustment granting approval to an application for development pursuant to N.J.S.A. 40:55D-70d to the Borough Council. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17.

An Affordable Housing Board (AHB) is hereby established for the purpose of monitoring the compliance of the municipality in providing housing for low- and moderate-income households pursuant to the Fair Housing Act of 1985 (N.J.S.A. 52:27D-301 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.

Members of the AHB shall serve without compensation.

Any member may be removed by the governing body for cause or absence but only after public hearing if requested by the member and other due process proceedings. Any voting member of the AHB who has been absent without excuse for three successive regular meetings may be removed from office by the governing body after notice.

If a vacancy shall occur otherwise than by expiration of term, it shall be filled for the unexpired term only.

No member or alternate member of the AHB shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. No member who is so disqualified may act on that particular matter, shall not continue to sit with the Board on the hearing of such matter, nor shall participate in any discussion or decision.

Yearly, the AHB shall organize by selecting from among its voting members a chairman and a vice-chairman. The Board shall also select a secretary who may or may not be a member of the Board or a municipal employee.

The governing body may employ or assign at the request of the AHB such personnel or experts and other staff as the AHB deems necessary provided such obligations do not exceed the municipal budgetary allocation available to the AHB for such use.

Attendance by four voting members shall constitute a quorum.

The AHB is hereby granted and shall exercise the following powers: