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Milltown City Zoning Code

§ 34-10.8

Additional Powers.

[Ord. No. 919 Art. VII, H; amended 11-9-2020 by Ord. No. 2020-1494]
In addition, the Planning Board acting as the Zoning Board of Adjustment shall have power given by law to:
a. 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
b. 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
c. 
The Planning Board acting as the Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37, or conditional use approval pursuant to N.J.S.A. 40:55D-37, or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to N.J.S.A. 40:55D-70d.
d. 
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 the grant of all required subsequent approvals by the Planning Board acting as the Zoning Board of Adjustment, consistent with N.J.S.A. 40:55D-76.
e. 
Issue a certificate authorizing the continuation of a nonconforming use or structure pursuant to N.J.S.A. 40:55D-68.