If a vacancy of any class shall occur, other than by expiration
of term, the unexpired portion of that term shall be filled by appointment
as provided above.
The Planning Board, in accordance with N.J.S.A. 40:55D-25, shall
have the following powers and duties:
A. To prepare and, after public hearing, adopt or amend a Master Plan
or component parts thereof, to guide the use of lands within the municipality
in a manner which protects public health and safety and promotes the
general welfare in accordance with the provisions of N.J.S.A. 40:55D-28.
B. To reexamine, at least every 10 years, the Master Plan and development
regulations; prepare and adopt by resolution, to the governing body,
a report on the findings of such reexamination in accordance with
N.J.S.A. 40:55D-89, and any necessary amendments resulting therefrom.
C. To review and approve preliminary and final subdivision applications, in accordance with Chapter
34, Subdivision of Land, of the Code of the City of Hoboken, and attach reasonable conditions to the approval thereof.
D. To review and approve preliminary and final site plan applications, in accordance with this chapter and with Chapter
196, Zoning, of the Code of the City of Hoboken, and attach reasonable conditions to the approval thereof.
E. To review and approve conditional use applications, in accordance with Chapter
196, Zoning, of the Code of the City of Hoboken, and attach reasonable conditions to the approval thereof. In cases where a "d" variance is sought, the application for conditional use will be heard by the Zoning Board of Adjustment.
F. To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
G. To assemble data on a continuing basis as part of a continuous planning
process.
H. To prepare annually a program of municipal capital improvement projects
over a term of six years, and amendments thereto, and recommend the
same to the governing body.
I. To consider and make a report to the governing body, within 35 days
after referral, as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also
to review other matters specifically referred to the Planning Board
by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
J. Granting of relief; variances; direction for issuance of certain
permits.
(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 N.J.S.A. 4:55D-70c.
(b)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
(c)
Direction pursuant to 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.
(2) Whenever relief is requested pursuant to this subsection, 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.
(3) 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 of 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 the granting 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 Zoning Map and Chapter
196, Zoning.
K. To require a developer, as a condition of subdivision or site plan
approval, to execute a developer's agreement, post performance
and/or maintenance guarantees, and/or pay pro rata cost for off-tract
improvements as permitted by law. Off-tract improvements shall include
but not be limited to street improvements, improvements to water,
sewerage and drainage facilities, and easements therefor, located
outside the property limits of the subdivision or development but
which are otherwise necessitated or required by construction or improvements
within such subdivision or development. Regulations shall be based
on circulation and comprehensive utility service plans in accordance
with the Master Plan, and shall establish fair and reasonable standards
to determine the pro rata amount of the cost of such facilities. Where
a developer pays the amount determined as his pro rata share under
protest, he shall institute legal action within one year of such payment
in order to preserve the right to a judicial determination as to the
fairness and reasonableness of such amount.
L. To grant exceptions from this chapter and the requirements of subdivision
and site plan approval pursuant to N.J.S.A. 40:55D-25(6) and 40:55D-51.
M. To issue subdivision certificates pursuant to N.J.S.A. 40:55D-56.
N. To 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.
O. To issue subpoenas, administer oaths and take testimony in accordance
with the provisions of the County and Municipal Investigations Law
of 1953 (N.J.S.A. 2A:67A-1 et seq.)
P. To perform such other duties as may be provided by law.
The Mayor may appoint one or more persons as a citizens'
advisory committee to assist or collaborate with the Planning Board
in its duties, but such person or persons shall have no power to vote
or take other action required of the Planning Board. Such person or
persons shall serve at the pleasure of the Mayor.