The Zoning Board of Adjustment shall, in addition to the powers specified in § 175-28 of this article, have power given by law to:
(1) Direct issuance of a permit 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. (See N.J.S.A. 40:55D-32 and 55D-34.)
(2) Direct issuance of a permit for a building or structure not related to a street (N.J.S.A. 40:55D-36).
B. Review of applications for development.
(1) Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval pursuant to Article IV of this chapter, but only when the proposed development requires approval by the Board of Adjustment of a variance pursuant to § 175-28A(4) of this chapter (N.J.S.A. 40:55D-70d). 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 granting 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 Master 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 act for the approval in question, and the special vote pursuant to the aforesaid § 175-28A(4) shall not be required.
(2) Whenever the Zoning Board of Adjustment considers an application for development in accordance with the provisions of Subsection B(1) of the above, refer said application, whether for subdivision, site plan or conditional use approval, to the Planning Board in accordance with the provisions of §§ 175-19F(2) and 175-31E of this chapter.
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