[Amended 7-15-13 by Ord. No. 2013-03]
[Amended 4-16-2012 by Ord. No. 2012-04]
A.
The Township of Dennis hereby exercises the option provided by N.J.S.A.
40:55D-25c, and accordingly, the Zoning Board of Adjustment is hereby
terminated; provided, however, in accordance with N.J.S.A. 40:55D-72.1,
that any application for development submitted to the Zoning Board
of Adjustment pursuant to lawful authority before the effective date
of this chapter may be continued at the option of the applicant, and
the Board of Adjustment shall have every power which it possessed
before the effective date of the chapter in regard to the application.
B.
When necessary for the purposes of implementing this chapter and
the election to have the Planning Board exercise, to the same extent
and subject to the same restrictions, all the powers of a Board of
Adjustment, the term Planning Board shall be substituted for the term
Zoning Board of Adjustment or equivalent in each and every instance
where Zoning Board of Adjustment or equivalent appears in any code,
ordinance, resolution, rule, regulation or amendments thereto of the
Township of Dennis.
C.
Where the substitution of Planning Board for Zoning Board of Adjustment
or equivalent results in an apparent duplication, redundancy, or conflict
in any code, ordinance, resolution, rule or regulation, the same shall
be liberally construed and interpreted in accordance with the intent
and purpose of N.J.S.A. 55D-25c. as adopted herein, whereby the Planning
Board replaces and to the same extent and subject to the same restrictions
exercises all the powers of the Zoning Board of Adjustment.
D.
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).
E.
There shall be four alternate members appointed to the newly empowered
Planning Board in accordance with law.
F.
All other provisions of this Code applicable to the Planning Board
shall remain in full force and effect.
G.
All other provisions of this Code and of general law delineating
the powers and responsibilities of the Zoning Board of Adjustment
are hereby deemed to refer to the Planning Board where applicable
as the Planning Board exercises its zoning adjustment authority.
[Added 4-26-99 by Ord. No. 99-07]
A.
Pursuant to N.J.S.A. 40:55D-70a. and b., the Zoning Board of Adjustment
shall have the power to hear appeals from determinations by the Zoning
Officer and to interpret the Zoning Map or Zoning Ordinance, upon
receiving a proper and complete submission by an applicant for such
type of relief.
B.
All such applications shall require a public hearing. Public notice
of any such hearing shall be required as authorized by N.J.S.A. 40:55D-12a.
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.
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 the members present
at the meeting, except as otherwise required by a provision of N.J.S.A.
40:55D-1 et seq.
E.
All meetings shall be open to the public. Notice of all such meetings
shall be given in accordance with the requirements of the Open Public
Meetings Act, Chapter 231 of the Laws of 1975.
A.
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the Planning
Board or Zoning Board of Adjustment and of the persons appearing by
attorney, the action taken by the Planning or Zoning Board, the findings,
if any, made by it and reasons therefor. The minutes shall thereafter
be made available for public inspection during the normal business
hours at the office of the Township Clerk. Any interested party shall
have the right to compel production of the minutes for use as evidence
in any legal proceedings concerning the subject matter of such minutes.
B.
A verbatim recording shall be made of every hearing. The recording
of the proceedings shall be made by either stenographer, mechanical
or electronic means. The municipality shall furnish a transcript or
duplicate recording in lieu thereof on request to any interested party
at his expense.
Any decisions of the Planning Board or Zoning Board of Adjustment
when acting upon an application for development and any decision of
the governing body when acting upon an appeal shall be given notice
in the following manner:
A.
A copy of the decision shall be mailed to the applicant or appellant
or, if represented, then to his attorney without charge, and for a
reasonable charge to any interested party who has requested it, not
later than 10 days after the date of the decision.
B.
A brief notice of the decision shall be published in the official
newspaper of the municipality if there is one or in a newspaper of
general circulation in the municipality. Such publication shall be
arranged by and paid for by the applicant and shall be published within
two weeks from the date of the decision.
C.
A copy of the decision and all submitted documents of record shall
be filed with the Township Clerk.
Pursuant to the requirements of N.J.S.A. 40:55D-17, no appeal
may be filed to the Governing Body of the Township of Dennis from
the grant of a use variance by the Zoning Board of Adjustment.
