There is hereby established in the Township of Pennsauken a Planning
Board consisting of nine members, said Board to be of such composition and
its members to have such terms of office as is required by N.J.S.A. 40:55D-23.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter. In the issuance
of subpoenas, administration of oaths and taking of testimony, the provisions
of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply. It shall also have the following powers and duties:
A.
To make and adopt and from time to time amend a master
plan for the physical development of the municipality, including any areas
outside its boundaries which, in the Board's judgment, bear essential relation
to the planning of the municipality, in accordance with the provisions of
N.J.S.A. 40:55D-28.
B.
To administer the provisions of the Land Subdivision
Ordinance and Site Plan Review Ordinance[1] of the municipality in accordance with the provisions of said
ordinances and the Municipal Land Use Law, Chapter 291 of the Laws of 1975
(N.J.S.A. 40:55D-1 et seq.).
D.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of a continuous
planning process.
F.
To annually prepare a program of municipal capital improvement
projects over a term of six years, and amendments thereto, and recommend the
same to the governing body.
G.
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-26(a), and also to pass
upon other matters specifically referred to the Planning Board by the governing
body pursuant to the provisions of N.J.S.A. 40:55D-26(b).
H.
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, variances pursuant
to N.J.S.A. 40:55D-70(c) from lot area, lot dimensional setback and yard requirements,
provided that such relief from lot area requirements shall not be granted
for more than one lot. 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.
I.
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.
There is hereby created the office of Planning Board Attorney. The Planning
Board may annually appoint, fix the compensation of or agree upon the rate
of compensation of the Planning Board Attorney, who shall be an attorney other
than the Municipal Attorney.[1]
The Planning Board may also employ or contract for the services of experts
and other staff and services as it may deem necessary. The Board shall not,
however, exceed, exclusive of gifts or grants, the amount appropriated by
the governing body for its use.
A.
Minor subdivisions. Minor subdivision approvals shall
be granted or denied within 45 days of the date of submission of a complete
application to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire 190 days
from the date of Planning Board approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing Law
(N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor
subdivision, is filed by the developer with the county recording officer,
the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed
must be signed by the Chairperson and Secretary of the Planning Board before
it will be accepted for filing by the county recording officer.
B.
Preliminary approval of major subdivision. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the Planning
Board shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented to by the
developer. Upon submission of a complete application for a subdivision of
more than 10 lots, the Planning Board shall grant or deny preliminary approval
within 95 days of the date of such submission or within such further time
as may be consented to by the applicant. Otherwise, the Planning Board shall
be deemed to have granted preliminary approval for the subdivision.
C.
Exercise of ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 48-2H of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the applicant 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 administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
D.
Final approval. An application for final subdivision
approval shall be granted or denied within 45 days of submission of a complete
application or within such further time as may be consented to by the applicant.
Final approval of a major subdivision shall expire 95 days from the date of
signing of the plat unless within such period the plat shall have been duly
filed by the developer with the county recording officer. The Planning Board
may, for good cause shown, extend the period for recording for an additional
period not to exceed 190 days from the date of signing of the plat.
Applications for development within the jurisdiction of the Planning
Board, pursuant to the provisions of the Municipal Land Use Law, Chapter 291
of the Laws of 1975 (N.J.S.A. 40:55D-1 et seq.) shall be filed with the Secretary
of the Planning Board. The applicant shall file, at least 14 days before the
date of the monthly meeting of the Board, three copies of a sketch plat, three
copies of the applications for minor subdivision approval, three copies of
the application for major subdivision approval, or three copies of an application
for site plan review, conditional use approval or planned development. At
the time of filing the application, but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot plans,
maps or other papers required by virtue of any provision of this chapter or
any rule of the Planning Board. The applicant shall obtain all necessary forms
from the Secretary of the Planning Board. The Secretary of the Board shall
inform the applicant of the steps to be taken to initiate applications and
of the regular meeting dates of the Board.
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
Board. Such person or persons shall serve at the pleasure of the Mayor.
Whenever the Environmental Commission has prepared and submitted to
the Planning Board an index of the natural resources of the municipality,
the Planning Board shall make available to the Environmental Commission an
informational copy of every application for development to the Planning Board.
Failure of the Planning Board to make such informational copy available to
the Environmental Commission shall not invalidate any hearing or proceeding.
