From and after the effective date of the within chapter, all powers, duties, responsibilities, fees and application requirements of the Zoning Board of Adjustment shall be transferred to or applied to the Land Use Board of the Borough of the Town of Clinton pursuant to the provisions of N.J.S.A. 40:55d-25c. All references in the within Article
V of the Code of the Town of Clinton and within the Code of the Town of Clinton referring to the Zoning Board of Adjustment of the Town of Clinton shall hereafter apply to the Land Use Board of the Town.
The Land Use Board may reverse or affirm, wholly
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 administrative officer from whom the appeal
is taken.
An appeal to the Land Use Board shall stay all
proceedings in furtherance of the action in respect to which the decision
appealed from was made, unless the officer from whose action the appeal
is taken certifies to the Land Use 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.
Whenever review or approval of the application
by the County Land Use Board is required by Section 5 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Land Use Board shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Land Use Board or approval by the County Land Use Board by
its failure to report thereon within the required time.
An application under this section may be referred
to any appropriate person or agency, including the Land Use Board,
pursuant to Section 17 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-26),
for its report, provided that such reference shall not extend the
period of time within which the Zoning Land Use Board shall act.
The final disposition of any matter by the Board shall require the concurring vote of four of its members except as provided in §
88-30A(4).
Any variance from the terms of this chapter
hereafter granted by the Land Use 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, unless expressly limited
to a shorter period by the terms of the variance as originally approved
by the Land Use Board, from the date of entry of the judgment or determination
of the Land Use 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 Land Use Board to the governing
body or to a court of competent jurisdiction until the termination
in any manner of such appeal or proceeding or unless extended by the
Land Use Board upon the showing of good cause.