A municipal planning board lacks jurisdiction to approve a development that does not comply with existing zoning regulations on condition that a variance or rezoning be obtained, the Appellate Division ruled on Wednesday in a case of first impression.
The court, in Najduch v. Township of Independence Planning Board, A-2900-08, said a 1989 approval granted by the Independence Township planning board for a strip mall project is void because part of the site was zoned for residential uses at the time.
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