Montgomery City Zoning Code
§ 16-8.1
Jurisdiction of Responsibility During Development Application Review.
[Ord. #85-482, S 801]
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. 40:55-32.
(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.
