[Added 12-27-1995 by Ord. No. 22-1995]
A. 
The Township of Greenwich has established a Zoning Board of Adjustment in accordance with statute, which Zoning Board of Adjustment presently and currently exists in the Township of Greenwich.
B. 
The Mayor and Council of the Township of Greenwich desire to amend its ordinance whereby there exists in the Township of Greenwich both a Planning Board and Zoning Board as separate bodies.
C. 
N.J.S.A. 40:55D-25 permits a municipality having a population of 10,000 or less to appoint a nine-member Planning Board to exercise to the same extent and subject to the same restrictions all powers of a Board of Adjustment, thereby eliminating the need for such a separate body.
D. 
The Township of Greenwich is a municipality having a population of 10,000 citizens or less.
A. 
The Land Use Ordinance of the Township of Greenwich is hereby amended to the extent that there is hereby established pursuant to statute a Planning Board constituting nine members, which Planning Board shall exercise to the same extent and subject to the same restrictions all of the powers of a Board of Adjustment.
B. 
The aforesaid newly constituted nine-member Planning Board shall exercise all the powers of a Board of Adjustment, but the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to Subsection d of Section 57 of Public Law 1975, c. 291 (N.J.S.A. 40:55D-70).
C. 
Any application for development submitted to the Zoning Board of Adjustment or the Planning Board pursuant to lawful authority before January 1, 1996, the effective date of this article, creating a single Board, pursuant to N.J.S.A. 40:55D-25c, and may be continued at the option of the applicant before the newly designated Planning Board.
D. 
All ordinances inconsistent with this ordinance are hereby amended to the extent permitted by statute so as to permit the Planning Board to carry out the functions of the Board of Adjustment in accordance with statute.
All references to the Zoning Board of Adjustment within the Code of the Township of Greenwich and Land Use Ordinance of this municipality are hereby amended to reflect the fact that the function of the Zoning Board will be carried out in accordance with the requirements of N.J.S.A. 40:55D-25c so as to reflect the rights of the Township of Greenwich to carry out zoning activities as if such body was still in effect in separate form.
This article shall take effect on January 1, 1996, and shall remain in full force and effect until such time as such article is modified in accordance with statute.[1]
[1]
Editor's Note: Former Ch. 97, Art. II, Zoning Board of Adjustment, which previously followed this article, was superseded 12-27-1995 by Ord. No. 22-1995. Pursuant to Ord. No. 22-1995, the powers and duties of the former Zoning Board of Adjustment are now exercised by the Planning Board.