The Planning Board is authorized to adopt bylaws
governing its procedural operation. It shall also have the following
powers:
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 Township 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 administer the provisions of Chapter
135, Subdivision of Land, and Chapter
127, Site Plan Review, of the Code of the Township of Evesham in accordance with the provisions of said chapters and the Municipal Land Use Law.
C. To review the Official Map of the Township in accordance
with N.J.S.A. 40:55D-32.
D. To issue permits for conditional uses in accordance
with N.J.S.A. 40:55D-67.
(1) The term "conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter
160, Zoning, of the Code of the Township of Evesham, and upon the issuance of an authorization therefor by the Planning Board.
E. To prepare and review the capital improvements program
in accordance with N.J.S.A. 40:55D-29 through 40:55D-31, inclusive.
F. To grant variances and certain building permits in
conjunction with subdivision, site plan and conditional use approval
pursuant to N.J.S.A. 40:55D-60.
G. To participate in the preparation and review of programs
or plans required by state or federal law or regulation.
H. To assemble data on a continuing basis as part of
a continuous planning process.
I. To consider and make a report to the Township Council
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 pass upon other matters specifically referred to the Planning
Board pursuant to the provisions of N.J.S.A. 40:55D-26b.
J. 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:
(1) Variances, pursuant to N.J.S.A. 40:55D-70c.
(2) 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 drainageway, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
(3) 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.
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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.
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K. To perform such other advisory duties as are assigned
it by ordinance or resolution of the Township Council for the aid
and assistance of the Township Council or other agencies or officers.
L. At the request of a developer, to grant an informal
review of a concept plan for a development for which the developer
intends to prepare and submit an application for development. The
amount of the fees charged for such informal review shall be a credit
toward fees for review of the application for development. Neither
the developer nor the Board shall be bound by any concept plan for
which review is requested.
The Planning Board shall exercise its powers for the granting or denying of approval for minor and major subdivisions, general development plans and for site plans in accordance with the time limitations set forth in Chapter
135, Subdivision of Land, and Chapter
127, Site Plan Review, of the Code of the Township of Evesham. Additionally, whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in §
15-1F, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.