[Added 8-6-1990 by Ord. No. 8-90]
The Zoning Board of Adjustment was created by
ordinance pursuant to the terms of N.J.S.A. 40:55D-69. The aforementioned
statute mandates the creation of a Zoning Board of Adjustment upon
the adoption of a zoning ordinance unless the municipality is eligible
for the option provided by N.J.S.A. 49:55D-25c which allows the Planning
Board to exercise the powers of the Zoning Board of Adjustment in
a municipality having a population of 2,500 or less. The population
of the Borough of Riverdale is less than 2,500 persons.
The Planning Board shall hereafter exercise
to the same extent and subject to the same restrictions all the powers
granted by law to the Zoning Board of Adjustment. Except for applications
for development, appeals or other matters pending before the Zoning
Board of Adjustment at the date of the adoption of this article, said
Board shall not hear, consider or decide any applications for development,
appeals or other matters.
The Zoning Board of Adjustment shall be abolished
upon the conclusion of all applications for development, appeals and
other matters which were pending before it on the date of the adoption
of this article, and all members, officers and employees shall be
discharged from their positions, offices or employment.
Class I and Class III members of the Planning
Board shall not participate in the consideration of any applications
for development which involve relief pursuant to N.J.S.A. 40:55D-70d.
That part or parts of any other ordinance of the municipality establishing or granting power or authority to the Zoning Board of Adjustment is hereby repealed, which repeal shall be effective on the date of the abolition of said Board as provided in § 37-41.3.
Appeals from arty final decision of the Planning
Board approving an application for development pursuant to N.J.S.A.
40:55D-70d shall be made to the Mayor and Council.
