Township of Bernards, NJ
Somerset County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The Planning Board and Zoning Board of Adjustment have the powers specified in Article III of this chapter. Certain of the respective powers of the Planning Board and Zoning Board of Adjustment overlap in order to expedite the review of development applications. The overlapping powers are as follows:
[Ord. #585, § 701 A; Ord. #1928, 2-27-2007, § 13, amended]
The Planning Board shall have the power to act in lieu of the Zoning Board of Adjustment and subject to the same extent and restrictions of the Zoning Board of Adjustment on the following matters pursuant to N.J.S.A. 40:55D-60. Whenever relief is requested pursuant to this section, the public notice shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
a. 
Grant variances pursuant to N.J.S.A. 40:55D-57c and grant exceptions pursuant to Article III of this chapter.
b. 
Direct pursuant to N.J.S.A. 40:55D-34 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-44.
c. 
Direct pursuant to N.J.S.A. 40:55D-35 the issuance of a permit for a building or structure not related to a street.
[Ord. #585, § 701 B]
a. 
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, site plan, subdivision or conditional use approval when reviewing an application for approval of a variance pursuant to N.J.S.A. 40:55D-70d, including any variances pursuant to N.J.S.A. 40:55D-70c and exceptions pursuant to Article III of this chapter which may be incidental to the request for "d" variance approval.
[Ord. #1928, 2-27-2007, § 14, amended]
b. 
Should the developer elect to submit a separate application for the variance and a subsequent application for approval of a site plan, subdivision and/or conditional use, the approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Zoning Board of Adjustment and such conditional approval of the variance shall stipulate a reasonable time period within which an application for preliminary or final approval of the development plan shall be submitted before the conditional approval of the variance shall expire. At the request of the applicant, the Zoning Board of Adjustment may grant an extension of the previously stipulated period for submission for up to 12 additional months but not more than one such extension shall be granted.
c. 
Whenever the Zoning Board of Adjustment is reviewing an application for preliminary approval of a site plan, subdivision or conditional use in connection with an application for variance pursuant to N.J.S.A. 40:55D-70d, whether simultaneously or subsequently, public notice shall be required and shall include reference to the variance.