There is hereby established pursuant to P.L. 1975, c. 291, in the Borough of Kenilworth a Planning Board of nine (9) members consisting of the following four (4) classes:

A. Class I: the Mayor or the Mayor's designee in the absence of the Mayor. [Amended 3-1-1995 by Ord. No. 95-3]

B. Class II one (1) of the officials of the municipality other than a member of the governing body to be appointed by the Mayor

C. Class III: a member of the governing body to be appointed by it.

D. Class IV: six (6) 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 (1) member may be a member of the Zoning Board of Adjustment, and one (1) may be a member of the Board of Education.

A. 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 tenure. [Amended 3-1-1995 by Ord. No. 95-3]

B. The terms of the members composing Class II and Class III shall be for one (1) 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.

C. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three (3) years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.

D. 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.

E. The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four (4) years after their appointment as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four (4) years, and further provided that nothing herein shall affect the term of any present members 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 1V members shall be appointed for terms of four all (4) years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

The Planning Board shall include one (1) alternate Class II member, one (1) alternate Class III member and two (2) alternate Class IV members. Alternate members of Classes II and III shall be appointed for terms to expire at the same time as the terms of regular members of their respective classes. Alternate members of Class IV shall serve for terms of two (2) years; provided, however, that their initial terms shall be one (1) and two (2) years, respectively. Alternate Class IV members shall be designated by the Chairman as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members of Class IV. Alternate members of each class shall be appointed by the same appointing authority as regular members of that class.

If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.

The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.

The Planning Board may appoint or contract for the services of an attorney, experts and other staff and services as it may deem necessary but shall not exceed, exclusive of gifts and grants, the amount appropriated by the governing body for its use.

The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes 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. The Board shall also have the following powers and duties:

A. To make and adopt and from time to time amend a Master Plan for the physical development of the municipality, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.

B. To administer the provisions of Chapter 174, Subdivision of Land, and Chapter 163, Site Plan Review, of the municipality in accordance with the provisions of said chapters and the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

C. To approve conditional use applications in accordance with the provisions of Chapter 197, Zoning, pursuant to N.J.S.A. 40:55D-67.

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

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

F. To annually prepare a program of municipal capital improvement projects projected over a term of six (6) years, and amendments thereto, and recommend the same to the governing body.

G. To consider and make report to the governing body within thirty-five (35) days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.

H. To exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment as provided for in N.J.S.A. 44:55D-70, except that when the Board considers any application which involves relief pursuant to N.J.S.A. 40:55D-70d, the Class I and Class III members of the board, and the Class I designee in the absence of the Class I member, shall not participate in the consideration of the application. (Amended 8-23-1995 by Ord. No. 95-17]

I. 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.

A. Minor subdivisions. Minor subdivision approvals shall be granted or denied within forty-five (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. Approval of a minor subdivision shall expire one hundred ninety (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.

B. Preliminary approval for major subdivisions. Upon submission of a complete application for a subdivision of ten or fewer lots, the Planning Board shall grant or deny preliminary approval within forty-five (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 ten (10) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (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.

C. Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article II, §30-9H, of this chapter, the Planning Board shall grant or deny approval of the application within ninety-five (95) days after submission by the developer of a complete application 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.

D. Final approval. Application for final subdivision approval shall be granted or denied within forty-five (45) days of submission of a complete application or within such further time as may be consented to by the applicant. Final approval of a major subdivision shall expire ninety-five (95) days from the date of the signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of the signing of the plat.

Applications for development in the nature of applications for site plan review within the jurisdiction of the Planning Board, pursuant to the provisions of P.L. 1975, c. 291# shall be filed within the time and in the manner and form prescribed by Ordinance No. 77-20 entitled "An Ordinance to Provide for Site Plan Review as Authorized by the Municipal Land Use Law of 1975." Other applications for development within such jurisdiction of the Planning Board shall be filed within the time and in the manner prescribed by ordinances applicable thereto. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of regular meeting dates of the Board.

The Mayor may appoint one (1) 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 other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.