In granting site plan approval in connection with a use variance, the Board of Adjustment shall follow the same procedures as the Planning Board as contained in Article
II, §
69-20, except as follows, pursuant to N.J.S.A. 40:55D-70 and 40:55D-25:
A. No variance or other relief shall be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance, Chapter
92 of the Borough Code. An application under this section may be referred to any appropriate person or agency, including the Planning Board, pursuant to N.J.S.A. 40:55D-76, for its report, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.
B. Upon submission to the Board Secretary of a complete application
for preliminary or final approval for a site plan, the Board of Adjustment
shall grant or deny preliminary or final approval, as the case may
be, within 120 days of the date of such submission or within such
further time as may be consented by the developer. 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 chapter. Failure of
the Board of Adjustment to act within the period prescribed shall
constitute approval of the application.
For the following classes of site plans, the Planning Board or Board of Adjustment shall hold a public hearing prior to making a decision with notice to surrounding property owners and in the newspaper in accordance with the provisions of the Land Use Procedures Ordinance, Chapter
33 of the Code, and the Municipal Land Use Law, P.L. 1975, c. 291:
A. Any site plan requiring a variance.
B. Any site plan which includes an application for a conditional use.
C. Any site plan which includes an application for a subdivision.
D. Those site plans for which it is determined by the Site Review Advisory
Committee that there will be a significant impact on the surrounding
properties, the neighborhood or the Borough as a whole.