Which Board Hears Which Cases?

There are three types of boards: Planning Boards, Zoning Boards of Adjustment and Land Use Boards. Planning Boards handle applications involving permitted uses, site plans, and subdivisions. Zoning Boards of Adjustment, also known as Zoning Boards or Boards of Adjustment, hear any application requiring bulk or use variances that do not have a site plan or subdivision. Land Use Boards, also known as “Combined Boards” are Planning Boards with the powers of a Zoning Board.

There are two types of variances: bulk variances pursuant to N.J.S.A. 40:55D-70(c) and use variances pursuant to N.J.S.A. 40:55D-70(d). Only Zoning Boards of Adjustment can hear use variances. Notwithstanding the general rule that site plans and subdivisions are decided by the Planning Board, any site plan or subdivision application that also includes a use variance must go to the Zoning Board of Adjustment because only a Zoning Board of Adjustment can hear use variances.

All Boards have certain obligations. For example, the Planning Board is responsible for the municipality’s planning documents such as the Master Plan and all of the elements of the Master Plan, along with the Master Plan Re-Examination Report. The Planning Board also reviews all land use ordinances to make sure that they are consistent with the Master Plan.

The Zoning Board is responsible for creating an annual report that summarizes all of the applications that the Board heard throughout the year. The annual report is intended to help the municipality determine whether changes need to be made to the ordinance. For example, if the Zoning Board is seeing a lot of applications for fences, maybe the fence ordinance needs to be revised. The annual report contains recommendations regarding ordinances and these recommendations are then sent to the Planning Board. The Planning Board can then consider whether the ordinance should be amended.

Pursuant to N.J.S.A. 40:55D-8, all boards are required to adopt bylaws or general guidelines that explain how the board works, including, but not limited to, information about the time and place of meetings, the order of proceedings, membership, voting protocols, attendance policies, and routine matters of the board. The bylaws must be available to members of the public.

If you aren’t sure how to file an application or which board to file it with, please contact us and we can help you get your approvals. Whether you have questions or concerns about easements, rezoning, or any other land use matters, one of the experienced Summit land use lawyers at Dempsey, Dempsey & Sheehan can speak with you today.