[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§ 100-102, regarding the establishment, membership and organization of the Zoning Board of Adjustment, as amended, was repealed 5-28-2002 by Ord.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 No. 1979-16, as amended, was repealed 5-28-2002 by Ord.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Editor's Note: Former § 100-103, regarding the powers of the Zoning Board of Adjustment, was repealed 5-28-2002 by Ord.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Editor's Note: Former § 100-104, regarding employees hired by the Zoning Board of Adjustment, was repealed 5-28-2002 by Ord.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. 
A complete application for development under this article shall consist of the following:
(1) 
A properly completed variance information application form.
(2) 
The required fee.
(3) 
If a subdivision and/or site plan approval is also sought as a part of an application for a variance pursuant to § 100-103A(2) of this chapter, the application shall also include the information and documents required pursuant to the provisions of § 100-34 or 100-35 of this chapter.
E. 
A complete application for development shall be distributed to each of the following:
(1) 
The Borough Clerk.
(2) 
The Borough Engineer.
(3) 
The Borough Health Officer.
(4) 
The Zoning Enforcement Officer.
(5) 
The Environmental Commission.
(6) 
The County Planning Board.
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]
(1) 
(Reserved)
(2) 
The Planning Board.
(3) 
The Borough Engineer.
(4) 
The Borough Utilities Authority.
(5) 
The Borough Planner or Planning Consultant.
(6) 
The Borough Health Officer.
(7) 
The Borough Police Commissioner.
(8) 
The Site Plan Review Advisory Board.
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]
A. 
Sections 100-105 through 100-108 of this chapter shall apply to the power of the Planning Board to:
(1) 
Direct issuance of a permit pursuant to § 100-30 of this chapter for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to § 100-29B of this chapter.
(2) 
Direct issuance of a permit pursuant to § 100-32 of this chapter for a building or structure not related to a street.
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.