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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:
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[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.
