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Sea Bright City Zoning Code

ARTICLE IV

Powers and Duties of Planning Board

§ 130-20 Experts and staff.

The Board may employ or contract for and fix the compensation of the Board Attorney, other than the Municipal Attorney, other experts, staff personnel and other services as may be deemed necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

§ 130-21 Powers and duties enumerated.

The Planning Board shall have the following powers and duties:
A. 
To adopt bylaws governing its procedural operation.
B. 
To make and adopt and from time to time amend a Master Plan for the physical development of the Borough, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the Borough in accordance with the provisions of N.J.S.A. 40:55D-28.
C. 
To administer the provisions relating to conditional uses in accordance with the provisions of § 130-38E and Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq. (Municipal Land Use Law).
[Amended 12-15-1998 by Ord. No. 94-98]
D. 
To administer the provisions of Article X, of this chapter relating to subdivisions and site plan review in accordance with the provisions of this chapter and Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-37 et seq. (Municipal Land Use Law).
E. 
To participate in the preparation and review of programs or plans required by state and federal law or regulation.
F. 
To assemble data on a continuing basis as part of a continuous planning process.
G. 
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-26a and also to pass upon other matters specially referred to the Planning Board by the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
To grant to the same extent and subject to the same restrictions as a board of adjustment, when reviewing applications for approval of subdivision plats, site plans or conditional uses:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Variances pursuant to N.J.S.A. 40:55D-70c from lot area, lot dimensional, setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.
(2) 
Authorization pursuant to N.J.S.A. 40:55D-34 for issuance of permit for 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) 
Authorization pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or a structure not related to a street.
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance of direction for issuance of a permit as the case may be.
I. 
To act as may be required by the provisions of N.J.S.A. 40:55D-1 et seq. in connection with the establishment of the Official Map and in connection with the preparation of capital improvement programs and the review of capital projects.
J. 
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.[1]
[1]
Editor's Note: Former § 130-23, Exercise of Board of Adjustment powers, amended 4-17-1989 and 12-15-1998 by Ord. No. 94-98, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 130-22 Variances to comply with zoning regulations.

[Amended 4-17-1989]
No variance or other relief may be granted under the provisions of this chapter unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Article VII, Area, Bulk and Use Requirements, of this chapter.