A.
The Planning Board shall have the power to grant conditional
uses on a case-by-case basis after making findings that each such
conditional use, although not permitted by right, would be appropriate
or inappropriate in the requested location.
B.
The Planning Board's review shall consider the compatibility
of land uses, the impact of the conditional use on the physical, social
and aesthetic environment, traffic generation, compatibility with
the town's Master Plan and any other relevant factors.
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 Construction Official, or within such further
time as may be consented to by the applicant. Failure of the Planning
Board to act within the period prescribed shall constitute approval
of the application, and a certificate of the Construction Official
as to the failure of the Planning Board to act shall be issued on
request of the applicant.
A.
Whenever review or approval of the application by
the County Planning Board is required, the Town of West New York Planning
Board shall condition any approval upon timely receipt of a favorable
report from the County Planning Board or approval by the County Planning
Board by its failure to report thereon within the required time period.
B.
Whenever said owners are nonresidents of the Town
of West New York, such notice may be given by sending written notice
thereof by registered mail to the last known address of the property
owner or owners, as shown by the most recent tax lists of the town.
Where the owner is a partnership, service upon any partner as above
provided shall be sufficient, and where the owners are corporations,
service upon any officers, as above provided, shall be sufficient.
The appellant shall by affidavit present satisfactory proof to the
Board of Adjustment at the time of the hearing that said notices have
been duly served as aforesaid. Upon the hearing any party may appear
in person, by agent or by attorney.
