The Pennsauken Planning Board, having been duly
established in accordance with law, is hereby continued pursuant to
the provisions of N.J.S.A. 40:55D-23 of the New Jersey Municipal Land
Use Law.
The Planning Board shall consist of nine members
who shall be designated according to the four following classes:
B.Â
Class II: one of the officials of the Township, other
than a member of the Township Committee, appointed by the Mayor; if
a Planning Board member is also a member of the Environmental Commission
as required by N.J.S.A. 40:56A-1, such Planning Board member shall
be deemed to be Class II in the event that there is among the Class
IV members of the Planning Board members both of the Zoning Board
of Adjustment and of the Board of Education.
C.Â
Class III: a member of the Township Committee to be
appointed by such Committee.
D.Â
Class IV: other citizens of the Township appointed
by the Mayor; no Class IV member shall hold other Township office
except that, as long as the Planning Board continues with nine members,
a member of the Zoning Board of Adjustment and a member of the Board
of Education may both be members, as Class IV; if, in fact, there
are Class IV members who are members both of the Zoning Board of Adjustment
and the Board of Education, respectively, then the Class IV member
who is also a member of the Environmental Commission shall be deemed
to be a Class II member, as stated above.
E.Â
The Mayor may appoint not more than two alternate
members, who shall meet the qualifications of Class IV members, which
alternates shall be designated by the Mayor as "Alternate No. 1" and
"Alternate No. 2," and their terms shall be two years, except that
such terms shall be such that not more than one alternate's term shall
expire in any one year; provided, however, in no instances shall the
term of the alternate members first appointed exceed two years. A
vacancy occurring other than by expiration of term shall be filled
by the Mayor for the unexpired term. No alternate member shall be
permitted to act on any matter in which he or she has directly or
indirectly any personal or financial interest. An alternate member
may, after public hearing if he or she requests one, be removed by
the governing body for cause. Alternate members may participate in
discussions of the proceedings but may not vote, except in the absence
or disqualification of a regular member of any class. A vote shall
not be delayed in order that a regular member may vote instead of
an alternate member. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1 shall vote.
[Added 1-14-1981 by Ord. No. 80-38]
Terms of office shall be as follows:
A.Â
The Class I member shall correspond to his or her
term of office as Mayor or if the member is the Mayor's designee in
the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure.
[Amended 12-30-2002 by Ord. No. 02-32]
B.Â
The Class II member shall correspond to the term of
office or appointment or one year, whichever occurs first, except
that a Class II member who is also a member of the Environmental Commission
shall hold Planning Board membership for three years or until expiration
of the term as a member of the Environmental Commission, whichever
occurs first.
C.Â
The Class III member shall remain for one year or
until expiration of the term as a member of the Township Committee,
whichever occurs first.
D.Â
The Class IV members shall hold Planning Board membership
for terms of four years, provided that:
(1)Â
The term of a Class IV member who is a member of the
Zoning Board of Adjustment or a member of the Board of Education shall
terminate at such time as his or her term expires as a member of the
Zoning Board of Adjustment or Board of Education or upon expiration
of the four-year term as a Planning Board member, whichever occurs
first.
(2)Â
The term of a Class IV member who is also a member
of the Environmental Commission shall be three years or at the end
of the term as a member of the Environmental Commission, whichever
occurs first.
E.Â
No member of the Planning Board shall be permitted
to act on any matter in which he or she has, either directly or indirectly,
any personal or financial interest.
F.Â
Any member, other than Class I, may be removed according
to law, for cause, after a public hearing if he or she requests one.
G.Â
A member of the Board who was absent for one or more
of the previous meetings shall be eligible to vote on the matter being
heard, notwithstanding his or her absence from one or more previous
meetings; provided, however, that such Board member has available
to him or her a transcript or recording of the meeting from which
he or she was absent and certifies, in writing, to the Board that
he or she has read the transcript or listened to such recording.
[Amended 1-14-1981 by Ord. No. 80-38]
B.Â
The Planning Board may employ or contract for and
fix the compensation of legal counsel, other than the Township Solicitor,
experts and other staff or services as it may deem necessary, but
not exceeding, exclusive of gifts or grants, the amount appropriated
by the Township Committee for its use.
A.Â
The Planning Board shall follow the provisions of
this chapter and shall accordingly exercise its power in regard to:
(5)Â
Zoning regulations, including conditional uses, pursuant to the zoning regulations of Article VII of this chapter.
[Amended 1-14-1981 by Ord. No. 80-38]
B.Â
The Planning Board may:
(1)Â
Participate in the preparation and review of programs
or plans required by state or federal law or regulation, if so directed
by the Township Committee.
(2)Â
Assemble data on a continuing basis as part of a continuing
planning program.
(3)Â
Perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Committee for the
aid or assistance of such Committee or other agencies or officers.
[Amended 1-14-1981 by Ord. No. 80-38]
A.Â
The Planning Board, when reviewing applications for
approval of subdivisions, site plans or conditional uses, shall have
the power to grant to the same extent and subject to the same restrictions
as the Board of Adjustment:
(1)Â
Variances pursuant to N.J.S.A. 40:55D-70c, otherwise
known as Section 57c of the Municipal Land Use Law, as amended.
(2)Â
Direction, pursuant to Section 25 of the Municipal
Land Use Law (N.J.S.A. 40:55D-34), for the 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 Section 23
of said law (N.J.S.A. 40:55D-32 et seq.).
(3)Â
Direction, pursuant to Section 27 of the Municipal
Land Use Law (N.J.S.A. 40:55D-36), for issuance of a permit for a
building or structure not related to a street.
B.Â
Whenever relief is requested pursuant to this section,
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.
In the following circumstances, the particular
matter under consideration affecting development shall be referred
to the Planning Board, and such Board shall take the prescribed action:
A.Â
Prior to the adoption or amendment of an ordinance,
resolution or regulation affecting development, the Planning Board
shall make and transmit to the Township Committee, within 35 days
after referral, a report including recommendations concerning the
proposed measure. The Township Committee, when considering such action,
shall review the report of the Planning Board and may accept such
recommendations, or it may disregard, disapprove or change any of
them by a vote of a majority or more of the full membership authorized
for the Township Committee and shall record in its minutes the reasons
for not following such recommendations. Failure of the Planning Board
to transmit its report within the prescribed time period shall relieve
the Township Committee from the requirements of this section.
B.Â
Prior to the issuance of use and occupancy permit
for a proposed use involving a change in the off-street parking, drainage,
means of ingress or egress by vehicles, or any change or modification
of the exterior of a building, the Planning Board shall review the
application and make recommendations to the Construction Official,
who, accordingly, shall grant or deny the use and occupancy permit.
C.Â
Prior to the granting or denial of any use or variance by the Board of Adjustment, the Planning Board shall review and study the development application and provide written recommendations to the Board of Adjustment, as authorized by N.J.S.A. 40:55D-26b, and in accordance with § 141-92B(5) of this chapter. The Planning Board shall review and report to the Board of Adjustment within 45 days from the date of receipt of the referral by the Secretary of the Planning Board. During said time the Board of Adjustment shall take no action with respect to the application.
[Added 1-14-1981 by Ord. No. 80-38]
A.Â
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.
B.Â
Whenever the Environmental Commission has prepared
and submitted to the Planning Board an index of the natural resources
of the Township, the Planning Board shall make available to the Environmental
Commission an informational copy of every application for development
submitted 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.
[Added 1-14-1981 by Ord. No. 80-38]
A.Â
The Planning Board or Board of Adjustment, as applicable,
in any instance where this chapter provides for a conditional use
specifically, shall find among other things:
(1)Â
That the proposed development or addition or change
is consistent with the spirit, purpose and intent of the zoning regulations
and of this chapter as a whole.
(2)Â
That if the Board determines that the granting of
a conditional use would not be detrimental to the adjacent property
or to the surrounding neighborhood, the burden of proof shall be upon
those opposing, if any, the granting of the conditional use and not
upon the applicant.
(3)Â
That where the Board deems necessary, suitable conditions
and safeguards may be imposed as to the manner, extent or degree of
the requested conditional use, but the conditional use itself, where
specified herein, shall be deemed a use by right unless the particular
location is deemed by the Board to be contrary to the purpose and
intent of this chapter.
B.Â
Conditional use applications. Applications shall be
received for conditional uses only in those instances and situations
for which specific provision is made in the regulations of this chapter
and shall include:
(1)Â
Name, address of the applicant and description of
the property on which a conditional use would apply if approved.
(2)Â
The specific article, section and subsection of this
chapter which makes provision for the requested conditional use.
(3)Â
A concise statement of the use to which the property
would be put if the conditional use were granted.
