In exercising the above-mentioned power, the Board of Adjustment may,
in conformity with the provision of P.L. 1975, c. 291, or amendments thereto
or subsequent statutes applying, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision or determination as ought to be made
and, to that end, have all the powers of the administrative officer from whom
the appeal was taken.
Any variance from the terms of this chapter hereafter granted by the
Board of Adjustment permitting the erection or alteration of any structure
or structures or permitting a specified use of any premises shall expire by
limitation unless such construction or alteration shall have been actually
commenced on each and every structure permitted by said variance or unless
such permitted use has actually been commenced within one year from the date
of entry of the judgment or determination of the Board of Adjustment; except,
however, that the running of the period of limitation herein provided shall
be tolled from the date of filing an appeal from the decision of the Board
of Adjustment to the governing body or to a court of competent jurisdiction
until the termination in any manner of such appeal or proceeding.
Whenever a hearing is required on an application for development pursuant
to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:
A. Public notice shall be given by publication in the official
newspaper of the municipality at least 10 days prior to the date of the hearing.
B. Notice shall be given to the owners of all real property,
as shown on the current tax duplicate or duplicates, located within 200 feet
in all directions of the property which is the subject of such hearing and
whether located within or without the municipality in which the applicant's
land is located. Such notice shall be given by serving a copy thereof on the
owner as shown on the current tax duplicate or his agent in charge of the
property or by mailing a copy thereof by certified mail to the property owner
at his address as shown on said current tax duplicate. A return receipt is
not required. Notice to a corporate owner may be made by service upon its
president, vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to a partnership
owner may be made by service upon any partner.
C. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection
B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road, shown on
the Official County Map or on the County Master Plan, adjoining other county
land or situate within 200 feet of a municipal boundary.
E. Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F. Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning in the
Department of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice shall
include a copy of any maps or documents required to be on file with the Municipal
Clerk pursuant to N.J.S.A. 40:55D-10b.
G. All notices hereinabove specified in this section shall
be given at least 10 days prior to the date fixed for the hearing, and the
applicant shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
H. Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
I. Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place of the hearing;
the nature of the matters to be considered; the identification of the property
proposed for development by street address, if any, or by reference to lot
and block numbers as shown on the current tax duplicate in the Municipal Tax
Assessor's office; and the location and times at which any maps and documents
for which approval is sought are available as required by law.
[Amended 3-8-1979 by Ord. No. 3-1979]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Municipal Tax Collector shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to §
66-18B of this chapter.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65,
every application for development submitted to the Zoning Board of Adjustment
shall be accompanied by proof that no taxes or assessments for local improvements
are due or delinquent on the property which is the subject of such application;
or, if it is shown that taxes or assessments are delinquent on said property,
any approvals or other relief granted by the Board shall be conditioned upon
either the prompt payment of such taxes or assessments or the making of adequate
provisions for the payment thereof in such manner that the municipality will
be adequately protected.