Lakehurst City Zoning Code
§ 25-9.7
Powers and duties generally.
[Ord. No. 11/78; Ord. No. 5/24/82 § 506; Ord. No. 7/20/89 § 6; Ord. No. 93-05 § 1; Ord. No. 95-13 § IV; Ord. No. 97-05 § 6]
The Planning Board is authorized to adopt by-laws governing its procedural operation. 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 which in the Board’s judgment bears essential relation to the planning of the municipality in accordance with the provisions of N.J.S. 40:55D-28.
b.
To administer the provisions of the Land Development Ordinance of the municipality in accordance with the provisions of the ordinances and the Municipal Land Use Law of 1975, N.J.S. 40:55D-1 et seq.
c.
To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
d.
To assemble data on a continuing basis as part of a continuous planning process.
e.
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Governing Body.
f.
To consider and make report to the Governing Body within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S. 40:55D-26, and also pass upon other matters specifically referred to the Planning Board by the Governing Body, pursuant to the provisions of N.J.S. 40:55D-26.
g.
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.
Variances pursuant to subsection 57c of Ch. 291 Laws of N.J. 1975 from lot area, lot dimensional set back and yard requirements provided that such relief from lot area requirements shall not be granted for more than one lot.
2.
Direction pursuant to N.J.S. 40:55D-34 for issuance of permit for building and structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S. 40:55D-32.
3.
Direction pursuant to N.J.S. 40:55D-34 of the Act for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.
4.
Any municipal variance approval which grants relief from the density or lot area requirements set forth in Section 25-30 for a residential or principal nonresidential use shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that permitted without the variance.
h.
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.
i.
The approving authority, when acting upon applications for preliminary or minor subdivision approval or preliminary site plan approval, may grant such exceptions from the “Design and Performance Standards” in Section 25-27 as may be reasonable and within the general purpose and intent of the provisions for review and approval of subdivisions and/or site plans if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
j.
The Planning Board shall have those powers and follow those procedures as hereinafter set forth in Section 25-10, Zoning Powers of the Planning Board, through subsection 25-10.6, Time for Decision. Throughout those sections any current reference to “Zoning Board of Adjustment” should now read “Planning Board”.