§ 212-5. Powers and duties.

A. 

Planning Board.

(1) 

The Planning Board, in its consideration of site plans, subdivisions or conditional uses, shall have the same power as the Board of Adjustment to grant:

(a) 

Variances from lot area, lot dimensional, setback and yard requirements.

(b) 

Approval to construct a building or structure in the bed of a mapped street or public drainageway, flood control basin or area reserved for the public or flood hazard area.

(c) 

Approval for the issuance of a building permit for a building or structure not related to a street.

(2) 

At the request of a developer, the Borough Planning Board shall have the power to grant an informal review of a concept plan for development in the Borough. The escrow fee for this review is $1,000. The developer shall not be bound by any concept plan for which review is requested, nor shall the Borough Planning Board be bound by any such review.

[Added 12-15-1998 by Ord. No. 31-98]

B. 

Board of Adjustment. The Board of Adjustment shall have the power to:

(1) 

Hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision or refusal made by any administrative officer based on or made in the enforcement of the Zoning Ordinance.

Editor's Note: See Ch. 250, Zoning.

(2) 

Hear and decide, in accordance with the provisions of any such ordinance, requests for interpretation of the Zoning Map or ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any Zoning or Official Map Ordinance in accordance with this chapter.

(3) 

Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation pursuant to N.J.S.A. 40:55D-62 would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship, including a variance for conditional use; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60 et seq.

(4) 

In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Chapter 250 of this Code, including but not limited to allowing a structure or use, but only by affirmative vote of at least five members of the Board. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone Plan and Zoning Ordinance. An application under this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

Editor's Note: See Ch. 250, Zoning.

(5) 

Direct issuance of a permit pursuant to Section 25 of Chapter 291 of the laws of New Jersey 1975 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to Section 23 of Chapter 291 of the Laws of New Jersey 1975.

[Added 4-15-1980 by Ord. No. 9-80]

Editor's Note: See N.J.S.A. 40:55D-34.

Editor's Note: See N.J.S.A. 40:55D-32.

(6) 

Direct issuance of a permit pursuant to Section 27 of Chapter 291 of the Laws of New Jersey 1975 for a building or structure not related to a street.

[Added 4-15-1980 by Ord. No. 9-80]

Editor's Note: See N.J.S.A. 40:55D-36.

(7) 

Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 6 of Chapter 291 of the Laws of New Jersey 1975 or conditional use approval pursuant to Section 54 of said chapter whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to Section 57d of said chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zone Plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid Section 57d of said chapter shall not be required.

[Added 4-15-1980 by Ord. No. 9-80]

Editor's Note: See N.J.S.A. 40:55D-37 through 55D-59.

Editor's Note: See N.J.S.A. 40:55D-67.

Editor's Note: See N.J.S.A. 40:55D-70d.

Editor's Note: See Ch. 250, Zoning.

(8) 

Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision approval involving a subdivision of three lots or less, site plan approval or conditional use approval whenever the Board is reviewing an application for a use variance. In the event of a subdivision in excess of three lots, the Board of Adjustment shall first refer the completed application to the Planning Board for its report or approval.

Amended 4-15-1980 by Ord. No. 9-80