Pursuant to N.J.S.A. 40:55D-25(c), as amended, the Planning
Board of the Borough of Merchantville shall exercise, to the same
extent and with the same restrictions, all of the powers of a Zoning
Board of Adjustment.
Pursuant to N.J.S.A. 40:55D-25(c), as amended, the Class I and
Class III members of the Planning Board of the Borough of Merchantville
shall not participate in the consideration of applications for development
which involve relief pursuant to N.J.S.A. 40:55D-70(d).
All other inconsistent references in the Code of the Borough
of Merchantville are hereby deleted or amended consistent with the
intent of this article to allow the Planning Board of the Borough
of Merchantville to exercise, to the same extent and with the same
restrictions, all of the powers of the Zoning Board of Adjustment.
The powers of the Planning Board acting as the Zoning Board
of Adjustment shall be in accordance with N.J.S.A. 40:55D-1 et seq.,
and amendments and supplements thereto, and with the provisions of
this chapter.
In exercising the above-mentioned power as set forth in §
94-80A, the Planning Board acting as the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-74, or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as ought to be made, and to that end have all the powers of the zoning or enforcement official from whom the appeal was taken.
The Planning Board acting as the Board of Adjustment shall render
its decision not later than one hundred twenty (120) days after the
date an appeal is taken from the decision of an administrative officer
or not later than one hundred twenty (120) days after the date of
the submission of a complete application for development to the Board
pursuant to the provisions of N.J.S.A. 40:55D-70. 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.