[1]
Editor's Note: Former § 190-241, Membership; appointment;
organization, as amended, was repealed 12-22-2015 by Ord. No. O-15-26.
[Amended 12-22-2015 by Ord. No. O-15-26]
The Planning Board shall possess the following
additional powers when exercising traditional Board of Adjustment
powers:
A.
Hear and decide appeals where it is alleged by the
appellant that there is error in any order, requirement, decision
or refusal made by an administrative officer based on or made in the
enforcement of the zoning provisions of this chapter.
B.
Hear and decide in accordance with the provisions
of this chapter, requests for interpretation of the Zoning Map or
ordinance or for decisions upon other special questions upon which
such board is authorized to pass by any Zoning or Official Map provisions.
C.
Where by reasons of exceptional narrowness, shallowness
or shape of a specific piece of property, or by reason of exceptional
topographic conditions, or by reason of other extraordinary and exceptional
situation or condition of such piece of property, the strict application
of any regulation of this chapter would result in peculiar and exceptional
practical difficulties to, or exceptional and undue hardship upon
the developer of such property, grant, upon an application or an appeal
relating to such property, a variance from such strict application
of such regulation so as to relieve such difficulties or hardship
including a variance for a conditional use; provided, however, that
no variance shall be granted under this subsection to allow a structure
or use in a district restricted against such structure or use.
D.
In particular cases and for special reasons, grant
a variance to allow departure from regulations of this chapter pertaining
to zoning including but not limited to allowing a structure or use
in a district restricted against a structure or use but only by affirmative
vote of at least five members of the Board.
(1)
No variance or other relief may be granted under the
terms of this section unless such variance or other relief can be
granted without substantial detriment to the public good and will
not substantially impair the intent and purpose of the zone plan and
zoning provisions of this chapter. An application under this section
may be referred to any appropriate person or agency, for its report,
provided that such reference shall not extend the period of time within
which the Planning Board shall act.
(2)
Any variance or other relief affecting the creation
and/or establishment of 25 or more new residential dwelling units
in an area or zone prohibited against such dwellings shall be deemed
to be a substantial detriment to the public good and a substantial
impairment to the intent and purpose of the zone plan and zoning provisions
of this chapter.
[1]
Editor's Note: Former § 190-243, Costs and expenses,
was repealed 12-22-2015 by Ord. No. O-15-26.
[Amended 12-22-2015 by Ord. No. O-15-26]
A.
Appeals to the Planning Board may be taken by any
interested party affected by any decision of an administrative officer
of the Township based on or made in the enforcement of the zoning
provisions of this chapter or Official Map. Such appeal shall be taken
within 20 days by filing a notice of appeal with the officer from
whom the appeal is taken specifying the grounds of such appeal. The
officer from whom the appeal is taken shall immediately transmit to
the board all the papers constituting the record upon which the action
appealed from was taken.
B.
A developer may file an application for development
with the Planning Board for action under any of its powers without
prior application to an administrative officer.
[1]
Editor's Note: Former § 190-245, Time for decision,
was repealed 12-22-2015 by Ord. No. O-15-26.
[Amended 12-22-2015 by Ord. No. O-15-26]
The Planning Board may reverse or affirm, wholly
or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from and to that end have
all the powers of the administrative officer from whom the appeal
is taken.
[Amended 12-22-2015 by Ord. No. O-15-26]
An appeal to the Planning Board shall stay all
proceedings in furtherance of the action in respect to which the decision
appealed from was made unless the officer from whose action the appeal
is taken certifies to the Planning Board, after the notice of appeal
shall have been filed with him, that by reason of facts stated in
the certificate of stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court upon notice to the officer
from whom the appeal is taken and on due cause shown.
