[Adopted 12-12-00 as Ord. No. 551]
[1]
Editor's Note: Former Article V, Zoning Board of Adjustment,
containing portions of Ordinance Nos. 359 and 414, was repealed by
Ord. No. 551, which eliminated the Zoning Board of Adjustment and
combined its functions with that of the Planning Board
A.
Appeals to the Planning Board may be taken by any interested party
affected by any decision of an administrative officer of the municipality
or of the Historic Preservation Commission based on or made in the
enforcement of the zoning ordinance or official map. Such appeal shall
be taken within 65 days by filing a notice of appeal with the officer
from whom the appeal was taken, specifying the grounds of such appeal.
The officer from whom the appeal is taken shall immediately transmit
to the Board all of the papers constituting the record upon which
the action appealed from was taken.
B.
A developer may file an application for development with the Planning
Board for action under any of its powers without prior application
to an administrative officer. Three copies of a completed application
form and six copies of all plats or plans along with all required
accompanying documents and fees shall be filed with the Planning Board
Secretary at least 10 days prior to the date set for the hearing.
The applicant shall obtain all necessary forms from the Planning Board
Secretary who shall inform the applicant of the steps to be taken
to initiate proceedings and of the regular meeting dates of the Board.
C.
An appeal stays 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 Planning Board,
after the notice of appeal shall have been filed with him, that by
reason of facts stated in the certificate a stay would, in his or
her opinion, cause imminent peril to life or property. In such cases,
proceedings shall not be stayed other than by an order of the Superior
Court of New Jersey upon notice to the officer from whom the appeal
is taken and on due cause shown.
D.
The Planning Board shall render its decision not later than 120 days
after an appeal is taken of an administrative officer or after the
submission of a complete application for development. Whenever simultaneous
review of a variance application and a subdivision, site plan or conditional
use application is requested, the Board shall grant or deny the application
within the 120-day period. In the event the developer elects to submit
separate consecutive applications pursuant to N.J.S.A. 40:55D-76(b),
the Board shall grant or deny the variance application within the
above-prescribed period and grant or deny any subsequent development
review application within the time periods otherwise specified in
this chapter. Failure of the Board to render a decision within the
specified time period or within such further time as may be consented
to by the applicant shall constitute a decision favorable to the applicant.
E.
Any variance granted from the terms of this chapter permitting the
erection or alteration of any structure or structures shall expire
by limitation unless such construction or alteration shall have been
actually commenced on each and every structure permitted by said chapter,
or unless such permitted use has actually been commenced, within two
years from the date of publication of the notice of determination
of the Planning Board, provided that a longer period of time before
such expiration may be granted by the Board as a term and condition
of the variance where the Board finds such an extended time period
reasonably necessary and appropriate due to circumstances clearly
demonstrated by the applicant at the hearing; except, however, that
the running of the period of limitation herein provided shall be suspended
from the date of filing an appeal from the decision of the Planning
Board to a court of competent jurisdiction, until the termination
in any matter of such appeal or proceeding.
[1]
Editor's Note: Former Section 67-26, Appeals to Borough Council,
was repealed by Ordinance No. 551.
