The Planning Board shall have the powers listed below in addition to other powers established by law. Since the powers and jurisdiction of the Planning Board have been delegated to and imposed upon it by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Planning Board shall in all cases follow the provisions applicable to it in said statute or subsequent statute(s) in such case made and provided. The Planning Board shall have the power to:
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 this chapter in accordance with the applicable provisions of said chapter.
C. Hear and decide applications for conditional uses in accordance with the applicable provisions of this chapter and N.J.S.A. 40:55D-67.
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 the 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 pursuant to N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the Township Committee pursuant to N.J.S.A. 40:55D-26b.
H. Perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Township Committee or other agencies and officers.
I. The Planning Board shall, as a result of it assuming the powers of the Board of Adjustment, pursuant to N.J.S.A. 40:55D-23c, have the following powers:
(1) Error or refusal. The Planning Board shall hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, decision or refusal made by an official based on or made in the enforcement of the zoning provisions of this chapter.
(2) Exceptions or interpretations. The Planning Board shall hear and decide requests for interpretation of the Zoning Map or the zoning provision of this chapter or for decisions upon other special questions upon which the Board is authorized to pass by any zoning provisions of this chapter or by any duly adopted Official Map.
(3) General bulk variances.
(a) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, upon an application or an appeal relating to such property, the Planning Board shall grant a variance from such strict application of such regulation so as to relieve such difficulties or hardship.
(b) Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, the Planning Board shall grant a variance to allow departure from such zoning requirements.
(4) Use variance, variances from conditional use standards and major specific bulk variances.
(a) In particular cases and for special reasons, the Planning Board shall grant a variance to allow departure from the zoning provisions of this chapter to permit:
[1] A use or principal structure in a zoning district restricted against such use or principal structure.
[2] An expansion of a nonconforming use.
[3] A deviation from a particular specification or standard set forth in this chapter as pertaining solely to a conditional use.
[4] An increase in the permitted floor area ratio as defined in this chapter and in N.J.S.A. 40:55D-4.
[5] An increase in the permitted density as defined in this chapter and N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, in which event applications would be made pursuant to Subsection
I(3) hereinabove.
(b) A variance under this subsection shall be granted only by affirmative vote of at least five members of the Planning Board authorized to vote on variances.
J. 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.
K. 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.