The Planning Board and the Zoning Board of Adjustment have certain
overlapping powers to expedite the review process. Their respective
responsibilities are outlined below.
The Zoning Board of Adjustment shall have the power to grant,
to the same extent and subject to the same restrictions as the Planning
Board, subdivision, site plan or conditional use approval when a use
variance/"D" variance is also requested by an applicant pursuant to
N.J.S.A. 40:55D-70d.
All subdivisions, as defined under §
315-10, are subject to the review procedures specified herein, for the purpose of preventing the creation of undersized lots so as to maintain the character and integrity of the City's neighborhoods.
No construction permit shall be issued for any new structure, for any modification to an existing structure or for any addition to an existing structure and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the City, except that a construction permit for additions to any existing building of 1,000 square feet or less of floor area, or a single-family detached dwelling unit or a two-family dwelling unit, or their accessory building(s) on a lot, shall not require site plan approval. Applications for a conditional use permit may require site plan review and approval, per §
315-63 et seq. of this Code. The Planning Board may waive site plan review and approval for a change of use if the change of use will not result in an increase in the intensity of land use on the site.
In the event that an application for development requires an
approval by a governmental agency other than the Board, the Board
shall, in appropriate circumstances, condition approval upon the subsequent
approval of such governmental agency, provided that the City shall
make a decision on any application for development within the time
period provided in this chapter, or within an extension of such period
as has been agreed to by the applicant, unless the City agency is
prevented or relieved from so acting by operation of law.
All applications for variance relief to the Zoning Board of Adjustment not involving any related site plan, subdivision or conditional use approval shall be filed at least 15 days prior to the next regularly scheduled monthly meeting of the Board. The filing shall include 10 copies of any maps and related material; five completed copies of the appropriate application form(s), which includes the checklist for variances pursuant to N.J.S.A. 40:55D-10.3
attached to this chapter; and the fee in accordance with §
315-71. The Board shall act upon the application as stipulated by law.