Planning Board

Planning boards have two types of powers: advisory and regulatory. Advisory powers come from either State statute or the local governing board. Planning boards offer advice on the following items:

• Comprehensive plans and plan amendments
• Land use regulations
• Land use studies, maps & reports
• Proposed actions by other boards
• Area & Use variance requests

Land Use Regulations: State statues authorize the Planning Board to recommend to the governing board regulations relating to any subject matter over which the Planning Board has jurisdiction. Adoption of regulations must be by local law or ordinance.

Studies, Maps & Reports: The Planning Board has the authority to make investigations, maps, reports and recommendations relating to the planning and development of the municipality as it seems desirable.

Referrals from other Boards: The governing board may provide by resolution for the reference of any matter to the planning board before final action is taken on it by an office or officer of the municipality. The office or officer of the municipality with jurisdiction can be prevented from acting until the planning board has submitted its recommendation, or until a reasonable amount of time has passed in which the planning board could have made a recommendation.

Area Variances: When one or more aspects of a project do not comply with the physical or dimensional restrictions in zoning regulations an area variance is necessary in order for the Planning Board to approve the application. When reviewing the area variance request, the Zoning Board of Appeals must request that the Planning Board provide a written recommendation concerning the proposed variance.

Subdivision plats showing cul-de-sacs or corner lots off loop roads often need area variances. The unusual shapes of the lots may not conform to traditional zoning requirements that require minimum frontage or certain width to depth ratios. The need for the variance is often identified by the local official receiving the application, who may suggest the subdivision applicant also apply to the zoning board of appeals. Review may continue on the subdivision plat pending ZBA action, but the planning board should not take final action prior to the ZBA acting on the variance request.

Use Variances: A variance that authorizes a land use not normally permitted by the zoning ordinance. When reviewing the use variance request, the Zoning Board of Appeals must request that the Planning Board provide a written recommendation concerning the proposed variance.