Class I: the Mayor. The Class I members shall not be permitted to participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d.

Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor.

Class III: a member of the governing body, to be appointed by it. The Class III members shall not be permitted to participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d.

Class IV: a member of the Environmental Commission and five citizens of the community to be appointed by the Mayor.

The term of the member composing Class I shall correspond with his official tenure.

The term of the member composing Class II shall be for one year or terminate at the completion of his or her respective term of office, whichever occurs first.

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 terms of Class IV members first appointed pursuant to this chapter 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 as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years, and further 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 for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise hereinabove provided.

All terms shall run from January 1 of the year in which the appointment is made.

There shall be four alternate members of the Planning Board appointed by the Mayor and meeting qualifications of Class IV members of the Planning Board. Alternate members shall be designated at the time of the appointment by the Mayor as Alternate No. 1, Alternate No. 2, Alternate No. 3, and Alternate No. 4.

No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest.

Alternate members may participate in discussions of Planning Board 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 needs to be made as to which alternate member will vote, the alternate shall be chosen in chronological order in accordance with his or her designation as Alternate Nos. 1, 2, 3 or 4.

No alternate members shall vote in place of the Class I or Class III member when the Planning Board is considering an application for development which involves relief pursuant to N.J.S.A. 40:55D-70d.

To prepare and, after public hearing, adopt or amend a Master Plan, or component parts thereof, to guide the use of lands within the municipality in a manner which protects public health and safety and promotes the general welfare pursuant to N.J.S.A. 40:55D-28 and amendments thereto.

To administer the provisions of the site plan review and subdivision controls of the West Amwell Township Land Development Ordinance, in accordance with the provisions of said ordinance and pursuant to Article Six of the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.

To annually prepare a program of municipal capital improvements projected over a term of at least six years, and amendments thereto, pursuant to Article Four of the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq., and recommend same to the governing body.

To prepare and transmit a report to the governing body within 35 days after referral as to any proposed development regulation revision or amendment thereto submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a. This report shall include an 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 Planning Board may also review, prepare and transmit a report on any other matters specifically referred to the Planning Board by the Township Committee before final action by the Township Committee, pursuant to N.J.S.A. 40:55D-26b.

When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:[1]

To participate in the preparation and review of programs or plans required of the Planning Board by state or federal law or regulations.

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

To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.

To exercise all powers previously granted to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70.1, 70.2, 72, 74, and 76 and powers granted pursuant to N.J.S.A. 40:55D-34 and 36, as well as the amendments and supplements to the Municipal Land Use Act granting additional powers or amending the powers of a zoning board of adjustment.

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board, 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 minor subdivision approval and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on 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 Municipal Engineer and the Municipal 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.

Upon submission of a complete application to the Planning Board Secretary for a subdivision of 10 or fewer lots or of a site plan involving 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer.

Upon submission of a complete application for a subdivision of more than 10 lots, or for a site plan involving more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.

Application for final subdivision or site plan approval shall be granted or denied within 45 days of submission of a complete application to the Planning Board Secretary, 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 final approval and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on the request of the applicant.

The signatures of the Secretary and Chairman of the Planning Board shall not be affixed until the developer has posted the required maintenance and performance guarantees. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat in conformity with such approval and with the provisions of the Map Filing Law is filed by the developer with the county recording officer and the Municipal Engineer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat.

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 the zoning ordinance.[2]

Hear and decide requests for interpretation of the zoning map or ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map ordinance.

Variances pursuant to N.J.S.A. 40:55D-70c, from lot area, lot dimensional, setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.

In particular cases and for special reasons, grant a variance to allow departure from zoning regulations to permit 1) a use or principal structure in a district restricted against such use or principal structure, 2) an expansion of a nonconforming use, 3) deviation from a specification or standard pertaining solely to a conditional use, 4) an increase in the permitted floor area ratio, 5) an increase in the permitted density, 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. A variance under this subsection shall be granted only by affirmative vote of at least five members. No variance or other relief may be granted under the terms of this chapter unless 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 zoning ordinance. In respect of any airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983," no variance or other relief may be granted under the terms of this chapter permitting the creation or establishment of a nonconforming use which would be prohibited under the 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 Planning Board shall act.

The Planning Board 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 amendment or revision, if any. The Planning Board shall send copies of this report and resolution to the Township Committee.

The Planning Board shall have the power to grant subdivision or site plan approval or conditional use approval pursuant to Township ordinances whenever the proposed development requires approval by the Planning Board of a "d" variance pursuant to Subsection B(4) of this section. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless such approval 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 ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as required in this chapter, and the special vote for a "d" variance shall not be required.

Direct issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, 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.

Each board shall provide for the verbatim recording of the proceedings by either stenographer, 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 an interested party at his expense shall not charge such interested party 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.

The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:

The date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications as required. If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.

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, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the board with the Municipal Clerk. The Municipal Clerk shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at the Clerk's office during reasonable hours.

A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.

In the case of a condominium unit owner where there is a unit above it or below it; or a co-owner whose apartment has an apartment above it or below it as part of a horizontal property regime, notice under this section will be deemed satisfied by notice to the condominium association or horizontal property regime.

In regard to common elements owned by a condominium association, horizontal property regime, community trust or homeowners' association, which are located within 200 feet of the subject property, notice may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.