[1]
Editor's Note: Ordinance No. 2002-5, adopted
5-28-2002 and effective 6-14-2002, eliminated the Zoning Board of
Adjustment and amended all references thereto throughout the Code
to now refer to the Planning Board.
[1]
Editor's Note: Former § 100-102,
regarding the establishment, membership and organization of the Zoning
Board of Adjustment, as amended, was repealed 5-28-2002 by Ord. No.
2002-5.
[1]
Editor's Note: Former § 100-102.1,
regarding alternate members to the Zoning Board of Adjustment, added
12-27-1979 by Ord. No. 1979-16, as amended, was repealed 5-28-2002
by Ord. No. 2002-5.
[1]
Editor's Note: Former § 100-103,
regarding the powers of the Zoning Board of Adjustment, was repealed
5-28-2002 by Ord. No. 2002-5.
[1]
Editor's Note: Former § 100-104,
regarding employees hired by the Zoning Board of Adjustment, was repealed
5-28-2002 by Ord. No. 2002-5.
A.
Appeals to the Planning Board may be taken by any
interested party affected by any decision of the Zoning Enforcement
Officer of the Borough based on or made in the enforcement of the
zoning regulations or Official Map. Such appeal shall be taken within
65 days by filing a notice of appeal with the Zoning Enforcement Officer
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.
[Amended 5-28-2002 by Ord. No. 2002-5]
B.
A developer may file an application for development
with the Planning Board for action under any of its powers without
prior application to the Zoning Enforcement Officer.
[Amended 5-28-2002 by Ord. No. 2002-5]
C.
If an application for development is filed with the
Planning Board, whether or not an appeal from a decision of the Zoning
Enforcement Officer is also taken, the applicant shall submit 10 copies
of his completed application to the Secretary of the Planning Board.
The time for the Board's review shall not begin to run until the submission
of a complete application with the required fee. Unless the applicant
is informed in writing by the Secretary of the Planning Board within
45 days of the actual submission of the application that it is incomplete,
said application shall be deemed complete as of the date it was submitted.
[Amended 5-28-2002 by Ord. No. 2002-5]
D.
F.
The Secretary of the Planning Board shall distribute
the application for review and report and, where required, approval
as follows:
[Amended 5-28-2002 by Ord. No. 2002-5]
A.
The Planning Board shall render a decision not later than 120 days after the date an appeal is taken from the decision of the Zoning Enforcement Officer or the submission of a complete application for development to the Planning Board pursuant to § 100-105B of this chapter.
[Amended 5-28-2002 by Ord. No. 2002-5]
B.
Failure of the Board to render a decision within such
one-hundred-twenty-day period or within such further time as may be
consented to by the applicant shall constitute a decision favorable
to the applicant.
[Amended 5-28-2002 by Ord. No. 2002-5]
The Planning Board may reverse or affirm, in
whole 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 Zoning Enforcement Officer from whom the appeal
is taken.
[Amended 5-28-2002 by Ord. No. 2002-5]
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 Zoning Enforcement 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, a 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.
[Amended 5-28-2002 by Ord. No. 2002-5]
B.
The Planning Board shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Articles VI through XVIII of this chapter whenever the Planning Board is reviewing an application for approval of a variance pursuant to § 100-103A(4) of this chapter.
C.
Whenever an application for development requests relief pursuant to Subsection B of this section, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Secretary of the Planning Board 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 by the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
D.
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-62, in the
case of a subdivision, or N.J.S.A. 40:27-66, in the case of a site
plan, the Planning Board shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
Planning Board or by failure to report thereupon within the required
time.
E.
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.
F.
The Board of Adjustment shall refer any application
for subdivision or site plan approval under this section to the Planning
Board for its report before it takes final action thereon. Such reference
shall not extend the time for action by the Board of Adjustment, whether
or not the Planning Board has submitted its report. Whenever the Planning
Board shall have made a recommendation regarding a matter authorized
by this chapter to the Board of Adjustment, such recommendation may
be rejected only by a majority of the full authorized membership of
the Board of Adjustment.
[Amended 5-28-2002 by Ord. No. 2002-5]
Any variance from the terms of this chapter
hereafter granted by the Planning Board 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 publication
of the notice of the judgment or determination of the Planning Board;
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 Planning Board to the governing body or to a court
of competent jurisdiction until the termination in any manner of such
appeal or proceeding.
