The boards 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 it may be deemed
necessary. The boards shall not, however, exceed, exclusive of gifts
or grants, the amount appropriated by the governing body for their
use.
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 the Zoning Ordinance (Article
VII of this chapter) and Chapter 291, P.L. 1975, N.J.S.A. 40:55D-51 et seq. (Municipal Land Use Law).
[Amended by Ord. No. 18-86]
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, P.L. 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. Prior to the adoption of a development regulation,
including this chapter, revision, or amendment thereto, the Planning
Board shall make and transmit to the Borough Council, within 35 days
after referral, a report including identification of any provisions
in the proposed development regulations, revision or amendment which
are inconsistent with the Master Plan and recommendations concerning
these inconsistencies and others as the Planning Board deems appropriate.
The Borough 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 recommendations
by a vote of a majority of its full authorized membership and shall
record in its minutes the reasons for not allowing such recommendations.
Failure of the Planning Board to transmit its report within the thirty-five-day
period shall relieve the Borough Council from the requirements of
this subsection in regard to the proposed development regulation,
revision or amendment thereto referred to the Planning Board. Nothing
in this section shall be construed as diminishing the application
of N.J.S.A. 40:55D-32 to any official map or amendment or revision
thereto or of N.J.S.A. 40:55D-62a to any zoning regulation or any
amendment or revision thereto.
[Amended by Ord. No. 18-86]
H. To grant to the same extent and subject to the same
restrictions as the Zoning Board of Adjustment, when reviewing applications
for approval of subdivision plats, site plans or conditional uses:
(1) Variances pursuant to N.J.S.A. 40:55D-70c.
[Amended by Ord. No. 3-80]
(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 drainage way, 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.
(4) Whenever relief is requested pursuant to this paragraph,
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.
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.
K. The Borough Council shall, for the extent and frequency
required by law, provide for a general reexamination of the Eatontown
Master Plan and development regulations by the Planning Board which
shall prepare and adopt by resolution a report on the findings of
such reexamination, a copy of which report and resolution shall be
sent to the Monmouth County Planning Board and the municipal clerks
for each adjoining municipality. The reexamination report shall state:
[Amended by Ord. No. 18-86]
(1) The major problems and objectives relating to land
development in the Borough at the time of the adoption of the last
reexamination report.
(2) The extent to which such problems and objectives have
been reduced or have increased subsequent to such date.
(3) The extent to which there have been significant changes
in the assumptions, policies and objectives formed. The basis for
the Master Plan and development regulations as last revised, with
particular regard to the density and distribution of population and
land uses, housing conditions, circulation, conservation of natural
resources, energy conservation and changes in state, county and Borough
policies and objectives.
(4) The specific changes recommended for the Master Plan
or development regulations, if any, including underlying objectives,
policies and standards, or whether a new plan or regulations should
be prepared.