[Amended 5-19-1980 by Ord. No. 1980-14]
A Zoning Board of Adjustment is established
pursuant to Section 13.2 of Ordinance No. 71-1 known as the "Administration of Government," and the composition
of the membership and the terms thereof of the Board of Adjustment
are set forth in said section.
The Zoning Board of Adjustment shall, in addition to the powers specified in §
34-9 of this Article, have power given by law, to the same extent and subject to the same restrictions as the Planning Board, with respect to subdivision or site plan approval pursuant to Article 6 of P.L. 1975, c. 291, or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a use variance pursuant to §
34-9A(4) of this chapter. In the event the Zoning Board has the power to grant subdivision, site plan or conditional use approval in conjunction with a use variance, the applicant shall submit to the Secretary of the Zoning Board of Adjustment the application forms, documents and maps required by the Planning Board for subdivision, site plan or conditional use applications. The Zoning Board shall refer any such application so submitted under this section to the Planning Board and the Site Plan Review Advisory Board with respect to site plans pursuant to Section 17b, P.L. 1975, c. 291.
The Zoning Board of Adjustment shall render
its decision not later than 120 days after the date an appeal is taken
from the decisions of an administrative officer or 120 days after
the date of the submission of a complete application for development
to the Board pursuant to the provisions of N.J.S.A. 40:55D-70(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.
Any variance from the terms of this chapter
hereafter granted by the 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 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 12 months from
the date of publication of notice of the decision; except, however,
that the running of the period of limitations herein provided shall
be tolled from the date of filing an appeal from the decision of the
Zoning Board of Adjustment to the governing body or to a court of
competent jurisdiction until the termination in any manner of such
appeal or proceeding.