The Planning Board and the Zoning Board of Adjustment
have certain overlapping powers to expedite the review process. Their
respective responsibilities are outlined below:
A. Powers of the Planning Board.
(1) The Planning Board shall have the power to grant subdivision
or conditional use approval simultaneously with site plan approval.
(2) 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 when the Planning Board is reviewing applications for approval
of subdivision plans, site plans or conditional uses. Whenever relief
is requested pursuant to this subsection, public notice shall be given
and 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-70c.
(b)
Direct, 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. 40:55-34.
(c)
Direct, pursuant to N.J.S.A. 40:55D-36, for
issuance of a permit for a building or structure not related to a
street.
B. Zoning Board of Adjustment action in lieu of Planning
Board. 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 whenever
the proposed development requires approval by the Zoning Board of
Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d.