Every appeal or application shall be filed in triplicate on the appropriate form provided to the applicant by the Board's Secretary.
Every appeal or application must be signed by the owner of the lands and premises to be affected, or by his or her duly authorized agent, and may be signed by any other person having an interest in the action. This provision shall not apply to an appeal from a decision of the administrative officer by one who has no ownership or contractual interest in the property affected.
For the assistance of the applicant, the Board's Secretary may render such other assistance to the applicant as may be practical.
The applicant shall set forth in his or her application all facts upon which he or she will rely to establish his or her right to the relief sought and supply all information requested on the application form or otherwise required by law.
If the applicant is not the owner of the premises affected by the variance requested in the application, an affidavit or consent executed by the owner of the affected premises shall be filed with the Board consenting to the filing of the application.
A. 
A corporation, partnership or any legally recognized entity other than an individual applicant or applicants applying for relief from this Board which involves subdivision of a parcel of land into six or more lots, or a variance to construct a multiple dwelling of 25 or more family units, or for approval of a site plan for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of the stock of any class or at least 10% of the interest in the partnership, as the case may be, in accordance with the requirements of N.J.S.A. 40:55D-48.1.
B. 
Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock, or the of the individual partners owning a 10% or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000 which shall be recovered in the name of Edgewater Park Township in any court of record in the state and in a summary manner pursuant to the Penalty Enforcement Law.[1]
[1]
Editor's Note: See N.J.S.A. 2A:58-10 et seq.
A. 
Appeals to the Board, which require the Board to invoke its powers as a Zoning Board of Adjustment, may be taken by any interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of this chapter. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. 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 was taken.
B. 
Modification on appeal. In exercising its powers as a Zoning Board of Adjustment, the 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 administrative officer from whom the appeal is taken.
C. 
Stay of proceedings by appeal. An appeal to the Board, which requires the Board to invoke its powers as a Zoning Board of Adjustment, 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 Board, after the notice of appeal shall have been filed with the officer, that by reason of facts stated in the certificate, a stay would, in the officer's 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.
D. 
Time for decision. The Board, acting in the capacity as a Zoning Board of Adjustment, shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or after the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72.b, or within such further time as may be consented to by the applicant. Failure of the Board to render a decision within such period shall constitute a decision favorable to the applicant. In the event the developer submits separate consecutive applications, pursuant to this chapter, the aforesaid time period shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board to render a decision within the proscribed period constitutes a decision favorable to the applicant.
E. 
Expiration of variance. Any variance from the terms of this chapter hereafter granted by the Board, functioning in the capacity as a Zoning Board of Adjustment, permitting the erection or alteration of any structure or structures or permitting a specified use of any premises, shall expire by the limitation within one year from the date of entry of the judgment or determination of the Board, or in the case where a variance was granted in conjunction with the approval of a development application for a minor subdivision or site plan, preliminary major subdivision or site plan or a final subdivision or site plan, the expiration period for the variance shall run concurrently with the expiration period for the respective development application, unless the applicable construction permits have been obtained or the permitted uses has actually been commenced by that date; 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 Board to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
F. 
Appeals from the decision of the Planning Board shall be made to a court of competent jurisdiction.