Pursuant to N.J.S.A. 40:55D-25(C)(1), the Planning Board hereafter shall exercise all the powers of a Zoning Board of Adjustment in accordance with §
162-8(j) above. The Zoning Board of Adjustment is hereby disestablished, and shall no longer be deemed established pursuant to N.J.S.A. 40:55D-69 et seq. after January 1, 2001.
In exercising the above-mentioned power, the Planning Board
may, in conformity with the provisions of P.L. 1975, c. 291, or amendments
thereto or subsequent statutes applying, reverse or affirm wholly or partly or may modify the order,
requirement, decision or determination as ought to be made and to
that end shall have all the powers of the administrative officer from
whom the appeal was taken.
Any variance from the terms of this Part 1 hereafter granted
by the Planning 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 from the date of entry of the judgment or determination
of the Planning 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 Planning Board to the governing
body or to a court of competent jurisdiction until the termination
in any manner of such appeal or proceeding.
The Planning Board, in lieu of the Zoning Board of Adjustment, shall, in addition to the powers specified in §
162-25 of this Part
1, have power given by law to:
A. Direct the 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 a permit pursuant to N.J.S.A. 40:44D-36 for a
building or structure not related to a street.
Any application which is denied by the Planning Board, in lieu
of the Zoning Board of Adjustment, shall not be again considered by
the Board, except as provided herein and pursuant to Chapter 291 of
the Laws of New Jersey 1975, until two years' time lapses from the date of the Board's
resolution of denial.