Buena City Zoning Code
ARTICLE III
Ancillary Powers of Planning Board
§ 150-34 Planning Board review in lieu of Board of Adjustment.
A.
Whenever a proposed development requires approval of a subdivision, site plan or conditional use, but not a use variance (N.J.S.A. 40:55D-70d), the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(1)
Variances from the strict application of the zoning standards of Article XV, as provided under N.J.S.A. 40:55D-70c.
(2)
Direction for issuance of a permit to construct in the bed of a street, drainageway, flood control basin or public area shown on the Official Map pursuant to N.J.S.A. 40:55D-34 and reserved under Article VI.
(3)
Direction for issuance of a permit to construct a building or structure not related to a street, as provided under N.J.S.A. 40:55D-36.
B.
Whenever relief is required under this section, notice of the hearing shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
C.
Any municipal variance approval which grants relief from the density or lot area requirements set forth in Article XVIII for a residential or principal nonresidential use in the P-R3, P-R4, P-B2 or P-I Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Added 5-3-1993 by Ord. No. 407; amended 6-2-1997 by Ord. No. 444]
§ 150-35 Application procedure and approval conditions.
The developer may submit a separate application requesting approval for the variance or direction for the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of applications shall be conditioned upon grant of all required subsequent approvals of the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial detriment to the intent and purpose of the zone plan and Zoning Article.
§ 150-36 Time periods.
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 150-34, the Planning Board shall grant or deny approval of the application within 120 days after the submission of a completed application to the Secretary of the Planning Board. In the event that the developer submits separate consecutive applications, this provision shall apply to the application for approval of the variance or direction for the issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise specified for the development application.