New Jersey § 52:27i-34

§ 52:27i-34.

a. The authority shall propose and adopt development and design guidelines and land

use regulations consistent with and in furtherance of the plan. Provisions may be made by the authority for the waiver, according to definite criteria,

of strict compliance with the standards promulgated, where necessary to alleviate

hardship. The plan and the development and design guidelines and land use regulations adopted

by the authority shall supersede the master plans, the zoning and land use ordinances

and regulations, and the zoning maps of the host municipalities adopted pursuant to

the “Municipal Land Use Law,” P.L.1975, c. 291 ( C.40:55D-1 et seq. ) insofar as the same may pertain to the project area, except with respect to the

procedures to be followed for submitting and processing applications for subdivision

or site plan approvals. b. Applications for subdivision approval, site plan approval, and redevelopment within

the project area shall utilize the development and design guidelines and land use

regulations adopted by the authority, and shall be submitted to the planning board

of the host municipality in which the project parcel is located for review and approval,

and where required by law to the county planning board. The procedures for the approval of subdivisions and site plans within the project

area shall be the procedures adopted by such host municipality pursuant to the “Municipal

Land Use Law,” P.L.1975, c. 291 ( C.40:55D-1 et seq. ) (including, but not limited to, notice provisions and the payment of application

fees and the posting of escrow deposits, if any). The authority shall by regulation provide for mandatory conceptual review by or

on behalf of the authority; provided, however, that unless accompanied by a request

for a variance to be granted by the authority pursuant to subsection e. of this section,

any such mandatory conceptual review shall be completed within 45 days of the authority's

receipt of the application, or within such later time period if agreed to by the applicant. c. Whenever an application pursuant to subsection b. of this section is filed with

a planning board, a copy of the application shall be submitted simultaneously to the

authority, and notice of all public hearings in connection therewith shall be provided

to the authority. The authority shall be deemed an interested party entitled to notice of all applications

for properties within the project area or within 200 feet of the project area's boundaries,

irrespective of whether the authority owns the portion of the project area within

200 feet. d. In connection with subdivision and site plan approval, the planning boards shall

have the authority to grant variances from the requirements of the development and

design guidelines and land use regulations adopted by the authority to the extent

such variances are permitted pursuant to subsection c. of section 57 of P.L.1975,

c. 291 ( C.40:55D-70 ). e. (1) The provisions of subsection d. of section 57 of P.L.1975, c. 291 ( C.40:55D-70 ) notwithstanding and except as provided in paragraph (2) of this subsection, the

authority shall have sole and exclusive jurisdiction to grant for special reasons

shown, a variance from the requirements of the master plan, development and design

guidelines or land use regulations adopted by the authority to permit: (a) a use

or principal structure in a district restricted against such use or principal structure,

(b) a continuation or an expansion of a nonconforming use, (c) deviation from a specification

or standard pursuant to land use regulations adopted by the authority pertaining solely

to a conditional use, (d) an increase in the permitted floor area ratio as established

by the land use regulations adopted by the authority, (e) an increase in the permitted

density as established by the land use regulations adopted by the authority or (f)

a height of a principal structure which exceeds by 10 feet or 10 percent the maximum

height permitted in the district for a principal structure. Such variances shall not be granted unless the applicant demonstrates to the satisfaction

of the authority that special reasons exist for the granting of such variance, that

the granting of the requested variance will not substantially impair the intent and

purpose of the plan, and that the variance can be granted without substantial detriment

to the public good. Application for such a variance shall be submitted together with or prior to an

application for mandatory conceptual review pursuant to subsection b. of this section,

and the authority shall approve or deny the application within 120 days of a complete

submission unless the applicant agrees to extend the time. In lieu of granting a variance, the authority in its discretion may require the

adoption of a plan amendment. (2) Variances granted pursuant to subparagraphs (a) through (f) of paragraph (1) of

this subsection shall require the affirmative vote of seven members of the authority,

except that variances granted pursuant to subparagraph (e) shall be heard and decided

by the zoning boards of the host municipalities. If the zoning board of the host municipality hearing such variance request does

not vote in favor of the variance request, the authority shall not be permitted to

grant such variance. f. Notwithstanding any other provision of this act or law to the contrary, the host

municipalities shall not designate the project area or any portion thereof as an area

in need of redevelopment or an area in need of rehabilitation, or adopt a redevelopment

plan for any property within the project area pursuant to the “Local Redevelopment

and Housing Law,” P.L.1992, c. 79 ( C.40A:12A-1 et al.) without the consent of the authority.