ARTICLE 16.7 ADDITIONAL POWERS OF THE ZONING BOARD OF ADJUSTMENT
Section 16.7.1 Additional Powers

A.The Zoning Board of Adjustment shall execute such other powers as are authorized in c 291, P.L. 1975 (Municipal Land Use Law), its amendments and supplement thereto, in addition to the powers specified in this Ordinance.

1 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 drainage way, flood control basin or public area reserved on the official map



2 Direct issuance of a permit pursuant to N.J.S A 40.55D-36 for a building or

structure not related to a street

B. Applications for variances in conjunction with applications for subdivision, Site Plan or conditional use approval.

1. a 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 subdivision or Site Plan approval pursuant to Parts 9 and 10 of this Ordinance or conditional use approval pursuant to NJ S A. 40:55D-67 of C. 291, P.L. 1975 and C. 216, P L 1979, whenever the proposed development requires approval by the Zoning Board of Adjustment.

b The developer may elect to submit a separate application requesting approval of a variance and a subsequent application for any required approval of a subdivision, Site Man or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Zoning 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 Ordinance for the approval in question, and the special vote pursuant to the aforesaid subsection shall not be required.

2 Whenever an application for development requests relief pursuant to Section 16 7. 1, the Zoning Board of Adjustment shall grant or deny approval of the application within one hundred twenty (120) days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance.

The period for granting or denying any subsequent approval shall be as otherwise provided in this Ordinance. Failure of the Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Zoning Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats