Montgomery City Zoning Code
§ 16-7.5
Powers and Jurisdiction of the Planning Board.
[Ord. #85-482, S 705]
The Planning Board shall have the powers listed below in addition to other powers established by law:
a.
Make, adopt and, from time to time, amend a Master Plan for the physical development of the Township, including any areas outside its boundaries which, in the Board's judgment, bear essential relationship to the planning of the Township.
b.
Administer the Subdivision and Site Plan Review provisions of the Land Development Ordinance in accordance with the applicable provisions of said ordinance.
c.
Hear and decide applications for conditional uses in accordance with the applicable provisions of this chapter.
d.
Participate in the preparation and review of programs or plans required by State or Federal law or regulation.
e.
Assemble data on a continuing basis as part of a continuous planning process.
f.
Annually, at the request of the Township Committee, prepare a program of municipal capital improvements projects projected over a term of six years and recommend same to the Township Committee.
g.
Consider and report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Planning Board by the Township Committee.
h.
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to Subsection 16-7.2d of this chapter (N.J.S.A. 40:55D-70[d]), to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
2.
Direction pursuant to Subsection 16-7.2f1 of this chapter (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 drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
3.
Direction pursuant to Subsection 16-7.2f2 of this chapter (N.J.S.A. 40:55D-36) for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this section, notice of the 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.
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 for 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 the zoning provisions of this chapter.