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.
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.
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.