Point Pleasant Beach
City Zoning Code
City Zoning Code
§ 19-14.1
Jurisdiction of Responsibility During Development Application Review.
The Planning Board and Board of Adjustment have certain overlapping powers designed 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 Board of Adjustment and subject the same extent and restrictions of the Board of Adjustment on the following matters. Whenever relief is requested pursuant to this section, the public notice shall include reference to the request for a variance or direction for issuance of a permit, as the case may be. (See Subsection 19-13.6e for "Notice of Applications" requirements.)
(a)
Grant variances pursuant to N.J.S.A. 40:55D-60c from lot area, lot dimensional, setback and yard requirements; provided that relief pursuant to this subsection from lot area requirements shall not be granted for more than one lot.
(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. 40:55D-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.
Board of adjustment action in lieu of Planning Board.
1.
The 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 when reviewing an application for approval of a "use variance" pursuant to N.J.S.A. 40:55D-70d.
2.
Whenever relief is requested pursuant to this section the public notice shall include reference to the request for a variance. (See Subsection 19-13.63 for Notice of Applications requirements.)