The Board of Adjustment is hereby abolished, and all of the
powers and duties granted by law to the Board of Adjustment are hereby
transferred to the Planning Board pursuant to the authority established
in N.J.S.A. 40:55D-25c.
All references to "Board of Adjustment" contained in this chapter
or elsewhere in the Township Code shall be deemed to refer to the
Planning Board.
In exercising the above-mentioned power, the Board may, in conformity
with the provisions of N.J.S.A. 40:55D-1 et seq., or amendments thereto
or subsequent statutes applying, reverse or affirm wholly or partly
or may modify the order, requirement, decision or determination appealed
from and make such other requirement, decision or determination as
ought to be made and to that end have all the powers of the administrative
officer from whom the appeal was taken.
Any variance from the terms or provisions of this chapter granted by any municipal agency shall expire by limitation unless the construction or alteration of any structure so authorized shall have been actually commenced on each and every structure so authorized or unless such permitted use has actually been commenced within one year from the publication of notice of adoption of the resolution of the municipal agency granting such variance; except, however, that the running of said period of limitation herein provided shall be tolled from the date of filing of an appeal from the decision of the municipal agency to the Township Council or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding or until the expiry of two years from the date of final approval of any site plan or subdivision sought as part of the application to the municipal agency for such variance. An applicant may request an extension of such period by application to the municipal agency on notice in accordance with the provisions of §
310-61.
The Board shall, in addition to the powers specified in §
310-24, have power given by law to:
A. Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood-control basin or public area reserved on the Official Map.
B. Direct issuance of permit pursuant to N.J.S.A. 40:55D-36 for a building
or structure not related to a street.
C. Hear applications pursuant to N.J.S.A. 40:55D-68, seeking to establish
whether a specific use or structure is protected as a nonconforming
use or structure.