2009 New Jersey Code
TITLE 40 - MUNICIPALITIES AND COUNTIES
40:55D
40:55D-67 - Conditional uses;  site plan review

40:55D-67.  Conditional uses;  site plan review
    a.  A zoning ordinance may provide for conditional uses to be granted by the  planning board according to definite specifications and standards which shall  be clearly set forth with sufficient certainty and definiteness to enable the  developer to know their limit and extent.  The planning board shall grant or  deny an application for a conditional use within 95 days of submission of a  complete application by a developer to the administrative officer, or within  such further time as may be consented to by the applicant.

    b.  The review by the planning board of a conditional use shall include any  required site plan review pursuant to article 6 of this act.  The time period  for action by the planning board on conditional uses pursuant to subsection a.  of this section shall apply to such site plan review. Failure of the planning  board 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 planning board 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.

    Whenever review or approval of the application by the county planning board  is required by section 5 of P.L.1968, c. 285 (C. 40:27-6.3), in the case of a  subdivision, or section 8 of P.L.1968, c. 285 (C. 40:27-6.6), in the case of a  site plan, the municipal planning board shall condition any approval that it  grants upon timely receipt of a favorable report on the application by the  county planning board or approval by the county planning board by its failure  to report thereon within the required time period.

     L.1975, c. 291, s. 54, eff. Aug. 1, 1976.