[Amended 2-29-1996 by Ord. No. 1996-2]
A. Pursuant to the authority of N.J.S.A. 40:55D-25c, the Planning Board shall exercise all powers of the Board of Adjustment (as set forth in §
170-62); however, the Class I (Mayor) and Class III (Township Committeemen) members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d.
B. For any application for development submitted to the Board of Adjustment
pursuant to lawful authority before March 19, 1996, the effective
date of the ordinance creating a single Board, pursuant to N.J.S.A.
40:55D-72.1, the Board of Adjustment shall have every power which
it possessed before the effective date of said ordinance in regard
to the application. Once the processing of such applications has been
completed by the Board of Adjustment, the Board shall disband and
be terminated and its records shall be delivered to the custody of
the Secretary of the Planning Board.
[Amended 2-29-1996 by Ord. No. 1996-2]
A. Appeals to the Planning Board may be taken by an interested party
affected by any decision of an officer of the municipality based on
or made in the enforcement of this chapter or the Official Map. Such
appeal shall be taken within 20 days by filing a notice of appeal
with the administrative officer from whom the appeal is taken specifying
the grounds of such appeal. Three copies of the notice shall simultaneously
be filed with the Secretary of the Planning Board. The officer from
whom the appeal is taken shall immediately transmit to the Board all
the papers constituting the record upon which the action appealed
from was taken.
B. A developer may file an application for development with the Board for action under any of its powers as defined in §
170-62B without prior application to the administrative officer of the municipality. Twelve copies of such an application shall be filed with the Secretary of the Board. All plot plans, maps and/or other information required for review by the Board or this chapter shall be submitted to the Secretary of the Board at least 10 days prior to the date set by the Board for the public hearing on the application. The applicant shall obtain all necessary forms from the Secretary of the Board.
C. The Planning Board shall render a decision not later than 120 days
after the date that an appeal is taken from the decision of an officer
of the municipality or after the date that a complete application
for development is submitted to the Board by a developer. 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.
D. Any appeal to the Planning 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 Planning 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.
E. In acting on any appeal, the Planning 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 officer from whom the appeal is taken.
[Amended 2-29-1996 by Ord. No. 1996-2]
Any decision of the Planning Board when acting upon an application
for development and any decision of the governing body when acting
upon an appeal shall be given notice in the following manner:
A. A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant or appellant, or, if represented,
then to his attorney, without separate charge. A copy of the decision
shall also be mailed to any interested party who has requested it
and who has paid the fee prescribed by the Board for such service.
B. A brief notice of every final decision shall be published in the
official newspaper of the Township. Such publication shall be arranged
by the Secretary of the Planning Board without separate charge to
the applicant. The notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
C. A copy of the decision shall also be filed in the office of the Township
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the Township.