§ 175-19. Powers and duties.

   The Planning Board shall 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 Town of Hammonton in accordance with the provisions of § 175-11 of this chapter. (See N.J.S.A. 40:55D-28.)

   B.   To administer the provisions of the Land Development Ordinance of the Town of Hammonton in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.), including but not limited to subdivision control, site plan review and zoning district regulations including conditional uses.

   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 prepare, at least every four years, a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body; said program to be in accordance with the provisions of § 175-12 of this chapter (N.J.S.A. 40:55D-29 and 55D-30).

   F.   To perform advisory duties on the following referrals:

      (1)   Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the Town Council, within 35 days after referral, a report including recommendations concerning the proposed development regulation, revision or amendment. The Town Council, 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 recommendations, Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Town Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.

      (2)   To review and advise as to any matter or class of matters to the Planning Board before final action thereon by a town body or town officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this chapter to another town body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.

      (3)   Prior to the hearing on adoption of a zoning ordinance or any amendments thereto, the Town Council shall refer any such proposed ordinance or amendment thereto to the Planning Board (N.J.S.A. 40:55D-26a and 55D-64.)

      (4)   Whenever the Planning Board shall have adopted any portion of the Master Plan, the Town Council or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds incidental to the location, character or extent of such project, shall refer the action involving such specific project to the Planning Board for review and recommendation in conjunction with such Master Plan and shall not act thereon without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district or other authority, redevelopment agency, school board or other similar public agency, state, county or municipal.

      (5)   Prior to the hearing on the adoption of any official map or any amendment thereto, the Town Council shall refer the proposed official map or amendment to the Planning Board pursuant to Subsection F(1) of this section. (See N.J.S.A. 40:55D-26a.) This review shall take into account the provisions of § 175-11 of this chapter. (See N.J.S.A. 40:55D-32.)

   G.   Variances.

      (1)   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:

         (a)   Variances pursuant to § 175-28C of this chapter. (See N.J.S.A. 40:55D-70c.)

         (b)   To direct the issuance of a permit for a building and/or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved in accordance with N.J.S.A. 40:55D-32 and N.J.S.A. 40:55D-34.

         (c)   To direct the issuance of a permit for a building or structure not related to a street. (See N.J.S.A. 40:55D-36.)

      (2)   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 or direction for issuance of a permit, as the case may be.

   H.   Subdivision, conditional use and site plan approval.

      (1)   When acting upon applications for preliminary or minor subdivision approval or preliminary site plan approval, to grant such exceptions from the design and performance standards in Article XII 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.

      (2)   To review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.

   I.   To act as Preservation Board in reference to § 175-21.

   J.   Zoning Board of Adjustment Powers.

[Added 1-22-2018 by Ord. No. 001-2018]

      (1)   Pursuant to N.J.S.A. 40:55D - 25(c), the Planning Board shall exercise, to the same extent and subject to the same restrictions, all powers of a Zoning Board of Adjustment; but Class I and Class III members, shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D - 70(d).

      (2)   The Planning Board shall have all of the powers and duties of the Zoning Board of Adjustment set forth in Ordinance § 175-28, § 175-29 and § 175-30.

      (3)   All references in the Code of the Town of Hammonton to the Zoning Board of Adjustment shall mean and refer to the Town of Hammonton Planning Board.