[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.
The Zoning Board of Adjustment, as it currently
exists in the Township of Greenwich, is hereby dissolved to the extent
that such a Board exists as a separate functioning body within the
Township of Greenwich.
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]
