[1982 Code § 14-5.5]
This chapter shall be known and may be cited as "The Land Use
Procedures Ordinance of the Borough of Victory Gardens."
[1982 Code § 14-1.1]
a.
There
is hereby established pursuant to N.J.S.A. 40:55D-23 in the Borough
a Planning Board of nine members consisting of the following four
classes:
Class I. The Mayor.
Class II. One of the officials of the Borough other
than a member of the Borough Council to be appointed by the Mayor.
Class III. A member of the Borough Council to be
appointed by it.
Class IV. Six other citizens of the Borough to be
appointed by the Mayor. The members of Class IV shall hold no other
municipal office, except that one member may be a member of the Zoning
Board of Adjustment and one may be a member of the Board of Education.
b.
Alternate
Members.
[Added 1-8-2013 by Ord. No. 1-8-13]
1.
The Mayor may appoint not more than four alternate members, who shall
be municipal residents. Alternate members shall be appointed by the
appointing authority for Class IV members and shall meet the qualifications
of Class IV members of the nine member Planning Board. Alternate members
shall be designated, in the case in which four alternates have been
appointed, "Alternate No. 1", "Alternate No. 2", "Alternate No. 3",
and "Alternate No. 4". The terms of the alternate members shall be
for two years, except that the terms of the alternate members shall
be such that the term of not more than one alternate member shall
expire in any one year; provided however, that in any municipality
in which four alternates have been appointed, the term of not more
than two alternate members shall expire in any one year; and provide
further that in no instance shall terms of the alternate members first
appointed exceed two years. A vacancy occurring otherwise than by
expiration of term shall be filled by the appointing authority for
the unexpired term only.
2.
No alternate member shall be permitted to act on any matter in which
he has either directly or indirectly any personal or financial interest.
An alternate member may, after public hearing if he requests one,
be removed by the governing body for cause. Alternate members may
participate in all matters but may not vote except in the absence
or disqualification of a regular member of any class. Participation
of alternate members shall not be deemed to increase the size of the
Planning Board established by ordinance of the Governing Body pursuant
to section 14 of P.L. 1975, c. 291 (C. 40:55D-23). A vote shall not
be delayed in order that a regular member may vote instead of an alternate
member. In the event that a choice must be made as to which alternate
member is to vote, Alternate No. 1 shall vote.
[1982 Code § 14-1.2]
The term of the member composing Class I shall correspond with
his official tenure. The terms of the members composing Class II and
Class III shall be for one year or terminate at the completion of
their respective terms of office whichever occurs first.
The term of a Class IV member who is also a member of the Board
of Adjustment or the Board of Education shall terminate whenever he
is no longer a member of such other body or at the completion of his
Class IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to
this chapter shall be so determined that to the greatest practicable
extent the expiration of such term shall be evenly distributed over
the first four years after their appointment as determined by resolution
of the Governing Body, provided however that no term of any member
shall exceed four years. All Class IV members shall be appointed for
terms of four years except as otherwise herein provided. All terms
run from January 1 of the year in which the appointment was made.
[1982 Code § 14-1.3]
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
[1982 Code § 14-1.4]
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and elect a Secretary who may be either
a member of the Planning Board or a municipal employee designated
by it.
[1982 Code § 14-1.5]
There is hereby created the office of Planning Board Attorney.
The Planning Board may appoint, fix the compensation of or agree upon
the rate of compensation for, the Planning Board Attorney who shall
be an attorney other than the Municipal Attorney.
[1982 Code § 14-1.6; amended 10-13-2015 by Ord. No. 10-13-15]
a.
The Planning
Board may also employ or contract for the services of experts and
other staff and services as it may deem necessary. The Board shall
not however exceed, exclusive of gifts or grants, the amount appropriated
by the Borough Council for its use.
b.
There
is hereby established the position of Land Use Administrative Officer.
Editor's Note: Pursuant to Ord. No. 10-13-15, "the Board has
advised the governing body (Mayor and Council) that they require an
assistant to render various services and that such position be combined
with the position of Borough Zoning Officer and further that no additional
recompense by paid."
[1982 Code § 14-1.7]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. It shall also
have the following powers and duties:
a.
To make and adopt and from time to time amend a master plan for the
physical development of the Borough including any areas outside its
boundaries which, in the Board's judgment, bear essential relation
to the planning of the Borough in accordance with provisions of N.J.S.A.
40:55 D-28.
b.
To administer the provisions of the land subdivision ordinance and
site plan review ordinance of the Borough in accordance with the provisions
of said ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-67.
c.
To approve conditional use applications in accordance with the provisions
of the zoning ordinance pursuant to N.J.S.A. 40:55D-67.
d.
To participate in the preparation and review of programs or plans
required by the State or Federal law or regulations.
e.
To assemble data on a continuing basis as part of a continuous planning
process.
f.
To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the Borough Council.
g.
To consider and make reports to the Borough Council within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also
pass upon other matters specifically referred to the Planning Board
by the Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
h.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
1.
Variances pursuant to subsection N.J.S.A. 40:55D-70c., from lot area,
lot dimensional setback and yard requirements; provided that such
relief from lot area requirements shall not be granted for more than
one lot.
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be.
i.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Borough Council for the aid and assistance of
the Borough Council or other agencies or officers.
[1982 Code § 14-1.8]
a.
Minor Subdivisions. Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete application
to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Planning Board approval unless within such
period a plat in conformity with such approval and the provisions
of the Map Filing Law, or a deed clearly describing the approved minor
subdivision is filed by the developer with the County Recording Officer,
the Municipal Engineer and the Municipal Tax Assessor. Any such plat
or deed must be signed by the Chairman and Secretary of the Planning
Board before it will be accepted for filing by the County Recording
Officer.
b.
Preliminary Approval Major Subdivisions. Upon submission of a complete
application for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon submission of a complete application for
a subdivision of more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval for the subdivision.
c.
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 20-2.7h, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period that plat
shall have been duly filed by the developer with the County Recording
Officer. The Planning Board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of signing of the plat.
[1982 Code § 14-1.9]
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of N.J.S.A. 40:55D-67 shall
be filed with the Secretary of the Planning Board. Applicant shall
file at least 14 days before the date of the monthly meeting of the
Board three copies of a sketch plat; three copies of application for
minor subdivision approval; three copies of application for major
subdivision approval or three copies of an application for site plan
review, conditional use approval, or planned development. At the time
of filing the application but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provision of
this chapter or any rule of the Planning Board. The applicant shall
obtain all necessary forms from the Secretary of the Planning Board.
The Secretary of the Board shall inform the applicant of the steps
to be taken to initiate applications and of the regular meeting dates
of the Board.
[1982 Code § 14-1.10]
The Major may appoint one or more persons as a Citizen Advisory
Committee to assist or collaborate with the Planning Board in its
duties, but such person shall have no power to vote or take other
action required of the Board. Such person shall serve at the pleasure
of the Mayor.
[Ord. 8-26-87]
The Planning Board, in accordance with N.J.S.A. 40:55D-25, shall
exercise, to the same extent and subject to the same restrictions,
all of the powers of the Board of Adjustment. Adjustment Class I and
Class III members of the Planning Board shall not participate in the
consideration of applications for development which involve relief
pursuant to Subsection d of N.J.S.A. 40:55D-70.
[1982 Code § 14-2.6]
a.
The powers of the Zoning Board of Adjustment 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 section to confer upon the Zoning
Board of Adjustment 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 variance 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 statutes, the Board shall in all
cases follow the provisions applicable to it in N.J.S.A. 40:55D-67
or subsequent statutes in such case made and provided, and it shall
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.
[1982 Code § 14-2.7]
a.
Appeals to the Board of Adjustment may be taken by any interested
party. Each appeal shall be taken within the 65 days prescribed by
statute by filing a notice of appeal with the officer from whom the
appeal was taken, together with three copies of the notice with the
Secretary of the Board of Adjustment. This notice of appeal shall
specify the grounds for the appeal. The officer from whom the appeal
is taken shall forthwith transmit to the Board all of the papers constituting
the record upon which the action appealed from was taken.
b.
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an administrative officer
shall be filed with the Secretary of the Zoning Board of Adjustment.
Three copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps, or other papers required by virtue of any provision of
this chapter or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the Secretary of the Zoning
Board of Adjustment. The Secretary of the Board 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
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment 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 opinion, cause
imminent peril to life or property. In such cases, proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by the Superior Court of New Jersey
on application or notice to the officer from whom the appeal is taken
and on due cause shown.
[1982 Code § 14-2.8]
In exercising the above mentioned power, the Board of Adjustment
may, in conformity with the provisions of N.J.S.A. 40:55D-67 or amendments
thereto or subsequent statutes applying, reverse or affirm wholly
or partly or may modify the order, requirement, decision, or determination
appealed from, and make such other 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.
[1982 Code § 14-2.9]
Any variance from the terms of this chapter hereafter granted
by the Board of Adjustment 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 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 Board of Adjustment except 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 of
Adjustment to the Borough Council, or to a court of competent jurisdiction,
until the termination in any manner of such appeal or proceeding.
[1982 Code § 14-2.10]
The Board of Adjustment shall have such powers as are granted
by law to:
a.
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.
b.
Hear and decide requests for interpretation of the map or zoning
ordinance, or for decisions upon special questions upon which such
Board is authorized by the zoning ordinance to pass.
c.
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 or 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, to 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 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 subdivision, 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. 40:55D-60a.
d.
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.
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, including the Planning Board,
for its report provided that the Zoning Board of Adjustment shall
act.
[1982 Code § 14-2.11]
The Zoning Board of Adjustment shall, in addition to the powers specified in, subsection 20-3.5, have power given by law to:
a.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-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.
b.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
The Board of Adjustment 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, Subdivision and Site Plan Review and Approval, N.J.S.A. 40:55D-37 through N.J.S.A. 40:55D-58 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 subsection 20-3.5d.
[1982 Code § 14-2.12]
The Board of Adjustment shall render its decision not later
than 120 days after the date (1) an appeal is taken from the decision
of an administrative officer or (2) 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 120-day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
[1982 Code § 14-3.1]
No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he has either directly or indirectly
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
[1982 Code § 14-3.2]
a.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development to process.
b.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of N.J.S.A. 40:55D-67 et seq.
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of N.J.S.A. A:9-33.1, the Open Public Meetings Law.
[1982 Code § 14-3.3]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefore.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Borough Clerk. Any
interested party shall have the right to compel production of the
minutes for use as evidence in any legal proceeding concerning the
subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
[1982 Code § 14-3.4]
Fees for applications or for the rendering of any service by
the Planning Board or Zoning Board of Adjustment or any member of
their administrative staffs which is not otherwise provided by ordinance
may be provided for and adopted as part of the rules of the Board
and copies of the rules or of the separate fee schedule shall be available
to the public.
[1982 Code § 14-3.5]
a.
Rules. The Planning Board and Zoning Board of Adjustment shall make
rules governing the conduct of hearing before such bodies which rules
shall be consistent with the provisions of N.J.S.A. 40:55D-1 et seq.,
or of this chapter.
b.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of N.J.S.A. 2A:67A-1 et seq. shall apply.
c.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearings, but the Board may exclude irrelevant, immaterial or
unduly repetitious evidence.
e.
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense.
[1982 Code § 14-3.6]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., or pursuant to the determination
of the municipal agency in question, the applicant shall give notice
thereof as follows:
a.
Public notice shall be given by publication in the official newspaper
of the Borough at least 10 days prior to the date of the hearing.
b.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located within 200 feet
in all directions of the property which is the subject of such hearing
and whether located within or without the municipality in which applicant's
land is located. Such notice shall be given by: (1) serving a copy
thereof to the owner as shown on the current tax duplicate or his
agent in charge of the property or (2) mailing a copy thereof by certified
mail to the property owner at his address as shown on the current
tax duplicate. A return receipt is not required. Notice to a partnership
owner may be made by service upon any partner. Notice to a corporate
owner may be made by service upon its president, a vice president,
secretary or other person authorized by appointment or by law to accept
service on behalf of the corporation.
c.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to subsection 20-4.6b to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
d.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the official County map or on the County master plan, adjoining
other County land or situated within 200 feet of a municipal boundary.
e.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
f.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Borough Clerk pursuant to N.J.S.A. 40:55D-10b.
g.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the day fixed for hearing and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
h.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
i.
Form of Notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the municipal Tax Assessor's office and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
[1982 Code § 14-3.7]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Clerk shall within seven days after a receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 20-4.6b.
[1982 Code § 14-3.8]
a.
Each decision on any application for development shall be set forth
in writing as a resolution of the Board which shall include findings
of fact and legal conclusions based thereon.
b.
A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant, or if represented then to
his attorney, without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the Board for such service. A copy of the decision
shall also be filed in the office of the Municipal Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other documents in the municipality.
[1982 Code § 14-3.9]
A brief notice of every final decision shall be published in
the official newspaper of the Borough. Such publication shall be arranged
by the Secretary of the Planning Board or Zoning Board of Adjustment,
as the case may be, without separate charge to the applicant. This
notice shall be sent to the official newspaper for publication within
10 days of the date of any such decision.
[1982 Code § 14-3.10]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Planning
Board or to the Zoning Board of Adjustment shall be accompanied by
proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application;
or, if it is shown that taxes or assessments are delinquent on this
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments,
or the making of adequate provision for the payment thereof in such
manner that the municipality will be adequately protected.
[1982 Code § 14-4.1]
An appeal to the Zoning Board of Adjustment may be taken by
any interested party affected by the decision of the administrative
officer of the Borough 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 in the manner set forth in subsection
20-3.7a and in accordance with the provisions of N.J.S.A. 40:55D-69
et seq.
[1982 Code § 14-4.2]
An appeal from any decision of the Zoning Board of Adjustment
granting a use variance pursuant to the provisions of N.J.S.A. 40:55D-17d
may be taken to the Borough Council provided such appeal shall be
made within 10 days of the date of publication of such final decision
of the Zoning Board of Adjustment.
[1982 Code § 14-4.3]
An appeal from any final decision of the Zoning Board other than an appeal of the type described in subsection 20-5.2, and an appeal from any final decision of the Planning Board may be taken to the Borough Council, provided such appeal shall be taken in accordance with N.J.S.A. 40:55D-17.
[1982 Code § 14-5.1]
Whenever a term is used in this chapter which is defined in
N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning
set forth in the definition of such term found in the statute, unless
a contrary intention is clearly expressed from the context of this
chapter.
[1982 Code § 14-5.2]
[1982 Code § 14-5.3]
Pursuant to the provisions of Chapter 291, P.L. 1975, Section 81, the substantive provisions of Chapter 21, Land Subdivision and Site Plan Review and Chapter 23, Zoning, of the Revised General Ordinances of the Borough of Victory Gardens and the development regulations set forth therein shall continue in full force and effect and shall be read in para materia with this chapter.
[1982 Code § 14-5.4]
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Section 20-5.
[1982 Code § 14-5.6]
Immediately upon adoption of this chapter the Borough Clerk
shall file a copy of this chapter with the County Planning Board as
required by law. The Clerk shall also file with the County Planning
Board copies of all other ordinances of the Borough relating to land
use, such as subdivision, zoning and site plan review ordinance.
