§ 200-245. Powers of Planning Board.  


Latest version.
  • The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this Part 4. 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. It 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, considering any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the municipality.
    B. 
    At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested and the Planning Board shall not be bound by any such review.
    C. 
    To administer the provisions of Part 1, Site Plan Review, and Part 2, Subdivision, of this chapter, and other development control ordinances of the municipality in accordance with the provisions of said ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
    D. 
    To approve conditional use applications in accordance with the provisions of this Part 4, pursuant to N.J.S.A. 40:55D-67.
    E. 
    To participate in the preparation and review of programs or plans required by state or federal law or regulations.
    F. 
    To assemble data on a continuing basis as part of a continuing planning process.
    G. 
    To annually prepare or review, when authorized by the Township Council, a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Township Council.
    H. 
    To consider and make report to the Township Council within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a) or 40:55D-26(b) and also pass upon other matters specifically referred to the Planning Board by the Township Council pursuant to the provisions of N.J.S.A. 40:55D-26(a) or 40:55D-26(b).
    [Amended 8-13-1984 by Ord. No. 84-24]
    I. 
    Whenever the proposed development requires approval pursuant to this chapter of a subdivision, site plan or conditional use, but not a variance pursuant to § 4-68F(1)(d) of Chapter 4, Administration of Government, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
    [Amended 8-13-1984 by Ord. No. 84-24]
    (1) 
    Variances pursuant to N.J.S.A. 40:55D-70c.
    (2) 
    Direction for 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.
    (3) 
    Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
    (a) 
    Whenever relief is requested pursuant to this subsection, notice of the hearing on the application for development shall include reference to the request for a variance or a direction for issuance of a permit as the case may be.
    (b) 
    The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the 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 this Part 4.
    J. 
    To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Council for the aid and assistance of the Township Council or other agencies or officers.