The City of Corbin City has exercised the option provided by
N.J.S.A. 40:55D-25c, and accordingly, the former Zoning Board of Adjustment
has been terminated.
A.
The powers of the Planning Board shall be in accordance with N.J.S.A.
40:55D-69 et seq., and amendments and supplements thereto, and with
the provisions of this chapter.
B.
It is further the intent of this chapter to confer upon the Planning
Board as full and complete powers as may lawfully be conferred upon
such Board, including, not by way of limitation, the authority, in
connection with any case, action or proceeding before the Board, to
interpret and construe the provisions of this chapter or any term,
clause, sentence or word hereof and the Zoning Map, in accordance
with the general rules of construction applicable to legislative enactments.
C.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this chapter in
accordance with the general or specific rules contained herein and
with the general rules hereby laid down that equity shall be done
in cases where the strict construction of the provisions of this chapter
would work undue hardship. The powers and duties of the Board having
been delegated to and imposed upon it by statute, the Board shall
in all cases follow the provisions applicable to it in said c. 291,
P.L. 1975 or subsequent statutes in such case made and provided, and
it shall from time to time furnish to any person requesting the same
a copy of its rules and information as to how appeals or applications
may properly be filed with the Board for its decision thereon.
In exercising the above-mentioned power, the Planning Board
may, in conformity with the provisions of c. 291, P.L. 1975’
or amendments thereto or subsequent statutes applying, reverse or
affirm, wholly or in part, or may modify the order, requirement, decision
or determination appealed from, and make such order, 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 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 publication
of the notice 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.
A.
The Planning Board shall have such powers as are granted by law to:
(1)
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of the Zoning Ordinance.
(2)
Hear and decide requests for interpretation of the map or Zoning
Ordinance or for decisions upon other special questions upon which
such Board is authorized by the Zoning Ordinance to pass.
(3)
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, or by reason of exceptional topographic
conditions, or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation in the Zoning Ordinance would result in peculiar and
exceptional practical difficulties to, or exceptional and undue hardship
upon, the owner of such property, grant, upon an application or an
appeal relating to such property, a variance from such strict application
so as to relieve such difficulties or hardship; provided, however,
that no such variance shall be granted under this subsection to allow
a structure or use in a district restricted against such structure
or use, and further provided that the proposed development does not
require approval by the Planning Board of a sub-division, site plan
or conditional use in conjunction with which the Planning Board shall
review a request for a variance pursuant to N.J.S.A. 40:55-D-60(a).
(4)
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least 2/3 of the full
authorized membership of the board, "... provided, however, that pursuant
to N.J.S.A. 40:55D-25c, the Class I and Class III members of the Planning
Board shall not participate in the consideration or voting under this
section where a use variance is sought pursuant to N.J.S.A. 40:55D-70d."
B.
No variance or other relief may be granted under the provisions of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and Zoning Ordinance.
Any application under any subsection of this section may be referred
to any appropriate person or agency, for its report, provided that
such reference shall not extend the period of time within which the
Zoning Board of Adjustment shall act.
A.
The Planning Board shall, in addition to the powers specified in
§ 15-21 of this article, have power given by law to:
(1)
Direct issuance of a permit pursuant to N.J.S.A. 40:55-D-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.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55 D-36 for a
building or structure not related to a street.
B.
The Planning Board shall have the power to grant, to the same extent
and subject to the same restrictions as the Planning Board, subdivision
or site plan approval pursuant to Article 6 of Chapter 291, P.L. 1975,
or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever
the Board is reviewing an application for approval of a use variance
pursuant to § 15-21A(4) of this chapter.
The Planning Board shall render its decision not later than
120 days after the date an appeal is taken from the decision of an
administrative officer, or of the submission of a complete application
for development to the Board pursuant to the provisions of N.J.S.A.
40:55D-70b. 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.
