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The Planning Board shall follow the provisions of this Chapter and shall accordingly exercise its power in regard to | |||||||
a. The Master Plan pursuant to N.J.S. 40 55D-28, et seq
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b. Subdivision control and site plan review pursuant to N.J.S. 40 55D-37, et seq
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c. The Official Map pursuant to N.J. S 40 55D-32, et seq
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d. The Zoning Ordinance including conditional uses pursuant to N.J.S. 40 55D-62, et seq
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e. The Capital Improvement Program pursuant to N.J.S. 40 55D-29, et seq
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f. Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to N.J.S. 40 55D-60, et seq (Ord #2-77, 19-2 401)
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a. Participate in the preparation and review of programs or plans required by State or Federal law or regulation
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b. Assemble data on a continuing basis as part of a continuous planning process, and
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c. Perform such 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 (Ord #2-77, 19-2 402)
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Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the Governing Body, within thirty-five (35) days after referral, a report including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Governing Body, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five (35) day period provided herein shall relieve the Governing Body from the requirements of this Section in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board. (Ord #2-77, 192.403) | |||||||
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Whenever the proposed development requires approval pursuant to this Article of a subdivision, site plan or conditional use, but not a variance pursuant to subsection d. N.J.S. 40:55D-70, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment- | |||||||
a. Variances pursuant to N.J.S. 40-55D-70 (c).
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b. Direction pursuant to N.J.S. 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. 40:55D-32, and
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c. Direction pursuant to N.J.S. 40 55D-36 for issuance of a permit for a building or structure not related to a street.
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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 for the issuance of a permit and subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction for 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 Zoning Ordinance. (Ord. #2-77, 192 404) | |||||||
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Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to N.J.S. 40.55D-60, the Planning Board shall grant or deny approval of the applicant within one hundred twenty (120) days after submission by a Developer of a completed application to the Administrative Officer or within such further time as may be consented to by the applicant In the event that the Developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this act Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats. | |||||||
Whenever review or approval of the application by the County Planning Board is required by section 5 of P.L. 1968, c 285 40.27-6.3), in the case of a subdivision, or section 8 of P.L. 1968, c 285 (C.40:27-6.6), in the case of a site plan, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period (Ord #2-77, 19-2.405) | |||||||