The Zoning Board of Adjustment shall be empowered to grant variances from the bulk or use provisions of Chapter 360, Zoning, and the Official Map Ordinance in a manner consistent with N.J.S.A. 40:55D-1 et seq.
[Amended 11-23-1999 by Ord. No. 99-26; 3-24-2009 by Ord. No. 2009-2]
Any variance from the terms of Chapter 360, Zoning, hereafter granted by the Zoning 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 said variance, or unless such permitted use has been actually been commenced, within one year from the date of the entry of the judgment or determination of the Zoning Board of Adjustment; 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 Zoning Board of Adjustment to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding; except that, further, in the case of a variance which also involves a subdivision or site plan approval, the variance shall extend for the full period of preliminary or final approval or any extension thereof pursuant to the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The Zoning Board of Adjustment shall act on any variance before it within 120 days of the date the application is deemed by the administrative officer to be complete or within such further time as may be consented to by the applicant. The administrative officer shall be, for purposes of Chapter 360, Zoning, the Township Zoning Officer and shall rule upon the completeness of an application within 45 days of its submission.
