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, 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 if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members or alternates.

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, 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. A 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 a Class IV Planning Board member unless there shall be 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 of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.

The term of the Mayor shall correspond with his 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 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 of the Board of Adjustment or the 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 shall be for four years, provided that nothing 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 of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

Prepare, adopt and from time to time amend or revise a Master Plan.

Exercise control over the review of subdivisions and site plans in accordance with Part 4.

When reviewing applications for approval of subdivision plats, site plans or conditional uses, grant, to the same extent and subject to the same restrictions as the Board of Adjustment:

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, c. 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 these inconsistencies and any other matters as the 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 subsection 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 Section 23 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32) to any Official Map or an amendment or revision thereto or of Subsection a of Section 49 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-62) 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 of any matter under the jurisdiction of the Board of Adjustment. Whenever the Planning Board shall have made a recommendation regarding a matter 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.

Any request made to the Township Committee involving the removal of a Township-imposed deed restriction, or the grant, removal or modification of the use of any easement, shall be referred to the Planning Board for a report and recommendation in accordance with Subsection A above before action on the request is taken by the Township Committee. The Planning Board shall conduct a public hearing with notice given pursuant to § 170-506A. Any request made to the Township Committee involving the change of any condition or restriction of approval incorporated in any resolution of the Planning Board (or Board of Adjustment), or any alteration of a buffer area incorporated in any approved application for development, shall be referred to the Board of origin, which shall conduct a public hearing for amendment of said resolution or approved application for development, with notice given pursuant to § 170-506A.

Two alternate members to said Board of Adjustment shall be appointed by the governing body and shall be designated at the time of appointment as Alternate No. 1 and Alternate No. 2.

The terms of 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 governing body for the expired term only. All appointments of alternates, regardless of the date of appointment, shall run from January 1 of the year of appointment.

Alternates appointed to said Board of Adjustment shall receive a salary as provided by ordinance for each meeting at which they are required to participate in their capacity as an alternate.

Error or refusal. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Part 3, Zoning.

Exceptions or interpretations. Hear and decide requests for interpretation of the Zoning Map or Part 3, Zoning, or for decisions upon other special questions upon which such Board is authorized to pass by any Zoning or Official Map Ordinance, in accordance with this chapter.

Variance of area or yard requirements.

Variance of use regulations. In particular cases for special reasons, grant a variance to allow departure from regulations pursuant to Part 3, Zoning, of this chapter to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to Section 54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67) pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4); an increase in the permitted density as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4), except as applied to the required lot area for a lot or lots for detached one- or two-dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members.

General provision. No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and Part 3, Zoning. In respect to any airport safety zones delineated under the Air Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section, permitting the creation or establishment of a nonconforming use which would be prohibited under standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

Other powers. The Board of Adjustment shall have such other powers as prescribed by law, including but not limited to the following:

Appeals to the Board of Adjustment may be taken by an interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of Part 3, Zoning, or the Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such 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.

Applications addressed to the original jurisdiction of the Zoning Board of Adjustment, without prior application to the administrative officer, shall be filed with the Secretary of the Zoning Board of Adjustment. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps and other papers required by virtue of any provision of this chapter or any rule of the Zoning Board of Adjustment. An applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment, who shall inform the applicant of the steps to be taken to institute proceedings and of the meeting dates of the Board.

An appeal to the Zoning Board of Adjustment shall stay all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom 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 otherwise than by a restraining order, which may be granted by the Zoning Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.

Whenever an application for development requests relief pursuant to § 170-408F(3), the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Secretary of the Zoning Board of Adjustment, 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. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter or in the Municipal Land Use Law.

Failure of the Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Secretary of the Board of Adjustment as to the failure of the Board to act shall be issued upon the request of the applicant and shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and such certificate shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

Any variance 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 been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within one year from the date of entry of the determination of the Zoning Board of Adjustment; provided, however, that the running of the period of limitation hereby established shall be tolled from the date of the filing of an appeal from the decision of the Zoning Board of Adjustment to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.

Whenever any variance hereafter granted by the Zoning Board of Adjustment or the Planning Board is related to subdivision or site plan approval, such variance shall remain in effect so long as the related final subdivision or final site plan approval remains in effect whereupon such variance 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.

Every municipal agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process.

The municipal agency may provide for special meetings at the call of the Chairman or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations.

No action shall be taken at any meeting without a quorum being present.

All actions shall be taken by a majority vote of the members present at the meeting, except as otherwise provided by Sections 23, 25, 49 and 50 and Subsections 8e, 17a and 57d or Section 5 of P.L. 1975, c. 291.

All meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, Chapter 231 of the Laws of New Jersey 1975.

All applicants must be represented by legal counsel if he or she is a corporation or partnership.

When required. The Planning Board or the Board of Adjustment, as the case may be, shall hold a hearing on each application for development. The Planning Board shall also hold a hearing on the adoption, revision or amendment of a Master Plan. The governing body shall hold a hearing on the adoption or amendment of a development regulation, an Official Map or a Capital Improvements Program.

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 or clarify or supplement the previously filed maps and documents.

Oaths. The officer presiding at the hearing, or such person as he may designate, shall have the 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, P.L. 1958, c. 38 (N.J.S.A. 2A:67A-1 et seq.), 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 agency may exclude irrelevant, immaterial or unduly repetitious evidence.

Records. The municipal agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense. The municipal agency, in furnishing a transcript of the proceedings to any interested party at his expense, shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. Every transcript shall be certified in writing by the transcriber to be accurate.

Notice of hearing on application for development.

Notice concerning master plan. The Planning Board shall give notice of a hearing on the adoption, revision or amendment of a Master Plan as follows:

Notice of hearing on development regulation ordinance; notice of action on Capital Improvement Program or Official Map.

Notice of hearing on amendment to the zoning section proposing a change to the classification or boundaries.

Effect of mailing notice. Any notice by certified mail shall be deemed complete upon mailing.

A corporation or a partnership applying to the Planning Board or the Board of Adjustment under any of the provisions of this chapter shall, in the instance of a corporation, list the names and addresses of all stockholders owning more than 10% of the stock thereof, as well as the names and addresses of all officers and directors of said corporation. In the instance of a partnership, the names and addresses of all individual partners shall be listed. If a corporation or a partnership owns 10% or more of the stock of a corporation or 10% or more of a partnership, that corporation or partnership shall list the names and addresses of all of its stockholders holding 10% or more of its stock or more than a 10% interest in the partnership, as the case may be, and, in the instance of a corporation, the names and addresses of all of its officers and directors.

Each decision on any application for development shall be reduced to writing as provided by law and shall include findings of facts and conclusions based thereon.

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.

The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes action to grant or deny approval or at the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting, by the adoption of a resolution of memorialization setting forth the decision and findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.

The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency, except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.

Whenever a resolution of memorialization is adopted in accordance with this section, the date of such adoption shall constitute the date of the decision for purposes of the mailing, filings and publications required by law and this chapter.

A copy of the decision shall be mailed to the applicant or appellant or, if represented, then to his attorney without charge, and, for a reasonable charge, to any interested party who requested it, not later than 10 days after the date of the decision.

A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the Township Clerk, the Secretary of the Planning Board or the Secretary of the Board of Adjustment, as the case may be, provided that nothing in this chapter shall be construed as preventing the applicant from arranging such publication if he so desires. The municipality may make a reasonable charge for its publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.

A copy of the decision and all submitted documents of record shall be filed with the administrative officer, who shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.

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 directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency 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 regulation, the municipal agency shall approve such application conditioned on the 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 municipal agency, the municipal agency 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 municipal agency is prevented or relieved from so acting by the operation of law.