The Planning Board is authorized to adopt bylaws
governing its procedural operation. 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 Township, in accordance with
the provisions of N.J.S.A. 40:55D-28.
B. To administer the provisions of Part
1, Subdivision of Land, and Part
2, Site Plan Review, of Chapter
178, Subdivisions and Site Plans, of the Code of the Township in accordance with the provisions of said chapter and the Municipal Land Use Law.
C. To issue permits for conditional uses. 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
205, Zoning, of the Code of the Township of Maple Shade. The Planning Board shall either issue or deny issuance of a conditional use permit within 95 days of submission of a complete application therefor by an entity to the Secretary or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use shall include any required site plan review. The time period for action by the Planning Board on conditional uses shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
[Amended 9-20-2000 by Ord. No. 2000-11]
D. To participate in the preparation and review of programs
or plans required by state or federal law or regulation.
E. To assemble data on a continuing basis as part of
a continuous planning process and to submit a report annually to the
Township Council thereon.
F. To consider and make 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. 40:55-26a and
also to pass upon other matters specifically referred to the Planning
Board by the Township Council or the Zoning Board of Adjustment, pursuant
to the provisions of N.J.S.A. 40:55D-26b.
G. 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 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.
(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.
H. Whenever relief is requested pursuant to Subsection
G, 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 perform such other advisory duties as are assigned
to it by ordinance or resolution of the Township Council for the aid
and assistance of the Township Council or other agencies or officers.
[Amended 9-20-2000 by Ord. No. 2000-11]
The Planning Board shall exercise its powers for the granting or denying of approval for minor and major subdivisions and for site plan in accordance with the time limitation set forth in Part
1, Subdivision of Land, and Part
2, Site Plan Review, of Chapter
178, Subdivisions and Site Plans, of the Code of the Code of the Township of Maple Shade. Additionally, whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in §
22-1G, the Planning Board shall grant or deny approval of the application within 120 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.
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.
There is hereby established a Planning Board
Subdivision Committee to consist of three members of the Planning
Board appointed by the Chairman, which shall exercise such powers
as established by this Code.
[Amended 7-25-2019 by Ord. No. 2019-16]
The Site Plan Review Advisory Board shall review and advise on Planning Board site plans in accordance with the site plan requirements and standards set forth in Part
2, Site Plan Review, of Chapter
178, Subdivisions and Site Plans, of this Code.