A. 
Except as set forth in § 515-25 of this chapter (additional powers of the Zoning Board of Adjustment), the Planning Board shall have exclusive jurisdiction over subdivisions, site plans, conditional uses, the granting of variances in certain instances and such other items as set forth in § 515-12 of this chapter.
B. 
The Board of Adjustment shall have exclusive jurisdiction over the granting of a variance from the terms and provisions of Chapter 540, Zoning, except as set forth above, and such other items as set forth in §§ 515-20, 515-21, 515-22, 515-24 and 515-25 of this chapter.
The developer shall file with the appropriate administrative officer a development application.
The administrative officer shall, within 14 days after receipt of a development application, make a determination as to whether the Zoning Board of Adjustment or Planning Board has jurisdiction.
The administrative officer shall, within 45 days of submission of a development application, notify the developer whether the submission is or is not a complete application. Failure to do so shall deem the application to be properly submitted.
The following development applications shall require notice of a public hearing by the Planning Board or Board of Adjustment prior to the hearing (notice of such hearing to follow the provisions of § 515-32 of this chapter):
A. 
Preliminary approval of major subdivisions.
B. 
Any application involving a variance of any kind.
C. 
Any application for a conditional use.
D. 
Any application whereby the Planning Board reviews applications for approval of subdivision plats, site plans or conditional uses and has the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(1) 
Variances pursuant to Subsection 57C of the Municipal Land Use Law[1] from lot area, lot dimensions, setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.
[1]
Editor's Note: See N.J.S.A. 40:55D-70c.
(2) 
In accordance with the provisions of N.J.S.A. 40:55D-34, direction 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 N.J.S.A. 40:55D-32.
(3) 
In accordance with the provisions of N.J.S.A. 40:55D-36, direction for the issuance of a permit for a building or structure not related to a street.
E. 
Any application whereby the Board of Adjustment reviews applications to:
(1) 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map, but only by an affirmative vote of a majority of the full authorized membership of the Board.
(2) 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
F. 
Any application to the Board of Adjustment involving an appeal pursuant to N.J.S.A. 40:55D-70a or involving a request for interpretation or a decision upon another special question pursuant to N.J.S.A. 40:55D-70b.
G. 
Any type of application involving a planned development as defined in the Municipal Land Use Law.
H. 
Any other type of application requiring a public hearing under the provisions of the Municipal Land Use Law.
Unless the developer agrees to an extension, a Board must grant or deny approval of a development application within the following number of days after submission of a complete application.
A. 
In the case of the Planning Board:
(1) 
For a minor subdivision: 45 days.
(2) 
For a preliminary major subdivision:
(a) 
For 10 lots or less: 45 days.
(b) 
For more than 10 lots: 95 days.
(3) 
For a final major subdivision: 45 days.
(4) 
For a preliminary site plan:
(a) 
For 10 acres of land or less: 45 days.
(b) 
For more than 10 acres of land: 95 days.
(5) 
For a final site plan: 45 days.
(6) 
For a conditional use permit: 95 days.
(7) 
For a combined application:
(a) 
For a conditional use permit and a site plan: 95 days.
(b) 
For a subdivision plat and a conditional use permit or site plan: the longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval.
(c) 
For a subdivision plat, site plan or conditional use permit and certain zoning variances or direction of the issuance of a permit for a building not related to a street or in an area designated on the Official Map for public acquisition or use: 95 days.
B. 
In the case of the Board of Adjustment. The Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b.
C. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Planning Board or Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.
D. 
In the event the Planning Board or Board of Adjustment does not render a decision within the time periods prescribed above, and the applicant has not agreed to an extension of time, the application is deemed approved in accordance with the Municipal Land Use Law by the failure of the Board to so render a decision within the required time.
E. 
Expedited hearings of affordable housing applications. The Planning Board or the Board of Adjustment shall give priority review status to affordable housing development applications made under this article.
[Amended 5-14-1998 by Ord. No. 1482]