[Amended 9-5-2001 by Ord. No. 17-01]
A. The Secretary of the Board with whom an application
for development is filed shall mark all documents relating to the
application as "received on (the date of submission)" and immediately
forward such documents to the Chairman of the Board or the Chairman
of the appropriate subcommittee of the Board. An application for development
shall be complete for purposes of commencing the applicable time period
for action by a Board when so certified by the Board or by the Boards
Administrator. In the event that the Board or the Boards Administrator
does not certify the application to be complete within 45 days of
the date of its submission, the application shall be deemed complete
upon the expiration of the forty-five-day period for purposes of commencing
the applicable time period for the Board to act unless:
(1) The application lacks information required by the checklists set forth in Article
IX, Application Checklists; and
(2) The Board or the Boards Administrator has notified
the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application.
B. Said notice may also set forth the ordinances violated
for which variances or exemptions have not been requested, but the
failure to set forth such violations in such notice shall not be a
waiver of the Board's right thereafter to deny an application because
of such violations. The applicant may request that one or more of
the submission requirements be waived, in which event the Board or
the Boards Administrator shall grant or deny the request within 45
days. Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he is entitled
to approval of the application. The Board may subsequently require
correction of any information found to be in error and submission
of additional information not specified in the checklist or any revisions
in the accompanying documents, as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions of errors in the accompanying documents so required
by the Board. If the Board requires a substantial amendment or the
applicant submits a substantial amendment to an application, whether
or not the application has been the subject of a hearing, an amended
application shall be submitted and proceeded upon as in the case of
an original application, and the time of decision shall commence at
such time as the amended application is complete (as if it were an
original application).
Every application for development submitted
to the Planning Board or to the Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application;
or, if it is shown that taxes or assessments are delinquent on said
property, any approvals or other relief granted by the Board shall
be conditioned upon either the prompt payment of such taxes or assessments,
or the making of adequate provision for the payment thereof in such
manner that the Township will be adequately protected.
[Adopted 12-12-1967 by Ord. No. 3-67 as
Section 3-2.15B of Subchapter 3-2 of the 1967 Revised General Ordinances;
amended in its entirety 11-9-1987 by Ord. No. 13-87]
A. Details of applications and fees. Applications for
a variance pursuant to N.J.S.A. 40:55D-70c or d, appeals of decisions
of an administrative officer of the Township and requests for an interpretation
relating to enforcement of the provisions of this chapter pursuant
to N.J.S.A. 40:55D-70a or b or for direction for issuance of a building
permit pursuant to N.J.S.A. 40:55D-34 or 55D-36 shall be accompanied
by all of the items set forth on Checklist B, together with payment of an application fee and a technical review fee in accordance with Chapter
171 of this Code.
[Amended 9-4-2002 by Ord. No. 11-02]
B. Time to act. Notwithstanding any shorter time period
in which a Board is required on a different type of application which
may accompany such a variance application or appeal or request for
interpretation or direction for issuance of a building permit, the
Board shall act upon any such application within 120 days after submission
by the applicant of a complete application to the Secretary of the
Board or within such further time as may be consented to by the applicant.
C. Period of effectiveness of grant of variance.
[Amended 12-9-1991 by Ord. No. 8-91]
(1) If a Board grants a variance not concurrently with or subject to subsequent site plan or subdivision approval, the variance shall expire one year from the date of the decision of the Board unless any authorized development activity has been actually commenced within such one-year period and any authorized development activity is subsequently pursued in a reasonably diligent manner. The Board may approve one or more extensions of such one-year period upon application and payment of the fee provided for in Chapter
171 based on a finding of reasonable justification for the delay or the existence of other good cause.
[Amended 6-16-2010 by Ord. No. 10-10]
(2) If a Board grants a variance application concurrently
with, or subject to, site plan or subdivision approval, the term of
duration of the variation shall be coterminous with the statutory
periods governing the effect of any site plan and/or subdivision approvals,
as provided by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
as amended.
[Added 4-11-1988 by Ord. No. 4-88]
If, pursuant to §
225-61B and §
225-68A(2), the Planning Board shall designate a committee of the Planning Board to act on its behalf in connection with any or all applications for minor subdivision approval and minor site plan approval, an appeal from a final decision of such committee with respect to any such application may be made to the Planning Board, provided that such appeal shall be made within 10 days of the date of the first publication of such decision pursuant to §
225-36C. Any such appeal shall be deemed to be an original application to the Planning Board by the person who applied to the committee as of the date of such appeal. Failure to take an appeal pursuant to this section shall not prevent or affect any rights such person might have.