[Amended 6-16-2010 by Ord. No. 12-2010]
The Planning Board, as constituted in Article
V in this chapter, shall exercise, to the same extent and subject to the same restrictions, all powers of the Board of Adjustment, but the Class I and the Class III Members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d of Section 57 of P.L. 1975, c. 291, N.J.S.A. 40:55D-70. All other references in this chapter to the "Zoning Board of Adjustment" or the "Board of Adjustment" shall mean the Planning Board.
[Added 11-8-78 by Ord. No. 1015; repealed 6-16-2010 by Ord. No.
12-2010]
[Repealed 6-16-2010 by Ord. No. 12-2010]
[Repealed 6-16-2010 by Ord. No. 12-2010]
[Repealed 6-16-2010 by Ord. No. 12-2010]
[Repealed 6-16-2010 by Ord. No. 12-2010]
In exercising the above-mentioned power, the Board may, in conformity
with the provisions of P.L. 1975, c. 291, N.J.S.A. 40:55 D-1 et seq.,
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 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 from the terms of this chapter hereafter granted
by the 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 nine months from the date of entry of the judgment or determination
of the 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 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 acting as the Board of Adjustment shall render
its decision not later than 120 days after the date an appeal is taken
from the decision of the Zoning Officer or 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-72b. 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.