A. 
Appeals to the Joint Land Use Board, which require the Board to invoke its powers as a zoning board of adjustment, 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 this chapter. 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 Joint Land Use Board all the papers constituting the record upon which the action appealed was taken.
B. 
Modification on appeal. In exercising its powers as a zoning board of adjustment, the Joint Land Use 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.
C. 
Stay of proceedings by appeal. An appeal to the Joint Land Use Board, which requires the Board to invoke its powers as a zoning board of adjustment, 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 Joint Land Use Board, after the notice of appeal shall have been filed with the officer, that by reason of facts stated in the certificate a stay would, in the officer’s 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.
D. 
Time for decision. The Joint Land Use Board acting in the capacity as a zoning board of adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or after the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b, or within such further time as may be consented to by the applicant. In the event the developer submits separate consecutive applications, pursuant to this chapter, the aforesaid time period shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.
E. 
Except as otherwise provided by the general ordinances of the Township of Delanco, each application made for a variance or appeal shall be accompanied by a fee as provided in the fee schedule set forth in Chapter 60 entitled “Fee and Escrow Schedule” of the Township of Delanco Code and payable to the Township of Delanco and forwarded to the Secretary of the Joint Land Use Board.
F. 
Expiration of variance. Any variance from the terms of this chapter hereafter granted by the Joint Land Use Board, functioning in the capacity as a zoning board of adjustment, permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by the limitation within one year from the date of entry of the judgement or determination of the Board or, in the case where a variance was granted in conjunction with the approval of a development application for a minor subdivision or site plan, preliminary major subdivision or site plan or a final subdivision or site plan, the expiration period for the variance shall run concurrently with the expiration period for the respective development application, unless the applicable construction permits have been obtained or the permitted uses have actually been commenced by that date; 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 to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
G. 
Applicants applying for a certificate of nonconformity shall complete and submit a land development application outlining the request to the Board Secretary, and shall provide documentation to support the request. It shall be the applicant’s burden to provide documentation that is sufficient to prove the applicant’s case, and it should include a current survey of the property.
[Added 5-2-2011 by Ord. No. 2011-14]
The designee of the Board shall examine each application to ascertain that all required checklist items required by municipal ordinance are shown or furnished in the application or accompanying documents or that otherwise a waiver has been requested. If all checklist items are provided and no waivers requested, the application shall be deemed complete and the applicant shall be so notified. If waivers are requested as to any items, the Board shall, at its next ensuing regular or special meeting held not later than 45 days from the date of submission of such application, decide whether to grant or deny the waiver or waivers requested and applicant shall be notified promptly. If an application is neither found to be complete nor found to be incomplete and applicant notified of the deficiencies within 45 days from the date of filing, the application shall be deemed to be complete as of the 45th day following the date of its submission.