Milltown City Zoning Code
§ 34-9.8
Powers of the Planning Board.
[Ord. No. 919 Art. VI, H; amended 11-9-2020 by Ord. No. 2020-1494]
The Planning Board is authorized to adopt bylaws 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, including in its consideration 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-1 et seq.
b.
To administer the provisions of the Land Development Ordinance of the municipality in accordance with the provisions of the ordinances and with N.J.S.A. 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 continuing planning process.
e.
To annually prepare a program of municipal capital improvements and 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 regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26b.
g.
The Planning Board, when reviewing applications for approval of subdivision plans, site plans or conditional uses shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment,
1.
Grant variances, pursuant to N.J.S.A. 40:55D-70C, from lot areas, lot dimension, setback and yard requirements, etc.
2.
Direction, pursuant to N.J.S.A. 40:55D-34, 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 pursuant to N.J.S.A. 40:55D-32.
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.
4.
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include references to the request for a variance or direction for issuance of a permit, as the case may be.
h.
Advisory Duties. The Planning Board shall perform such other advisory duties as are assigned to it by ordinances or resolution of the Governing Body for the aid and assistance of the Governing Body or other municipal agencies or offices.
i.
To exercise, to the same extent and subject to the same restrictions, all powers of a Board of Adjustment; but the Class I and the Class III Members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d of Section 57 of P.L. 1975, c. 291, NJ.S.A. 40:55D-70; and no alternate member shall vote in place of a Class I or Class III member not participating in an application under this section.