[Added 3-15-2023 by Ord. No. 9-2023]
[1]
Editor's Note: The Zoning Board of Adjustment was abolished
11-2-2022 by Ord. No. 25-2022 except that any applications then pending
before said Zoning Board of Adjustment shall continue to be heard
in accordance with N.J.S.A. 40:55D-72.1. The ordinance provided for
the powers of the former Zoning Board of Adjustment to be granted
to the Planning Board
The Zoning Board of Adjustment was created by ordinance pursuant
to the terms of N.J.S.A. 40:55D-69. The aforementioned statute mandates
the creation of a Zoning Board of Adjustment upon the adoption of
a zoning ordinance unless the municipality is eligible for, and exercises,
the option of creating a nine member Planning Board to exercise all
of the powers and duties of the Board of Adjustment as provided by
N.J.S.A. 40:55D-25c. The Borough meets the criteria established in
N.J.S.A. 40:55D-25c and has determined that it is in the public's
interest to abolish the Zoning Board of Adjustment and allow the Planning
Board to exercise its powers and duties.
A.
The Zoning Board of Adjustment is hereby abolished and all of the
powers and duties granted by law to the Board are hereby transferred
to the Planning Board pursuant to the authority established in N.J.S.A.
40:55D-25c.
B.
All members, officers and employees of the Zoning Board of Adjustment
as of the effective date of this article shall be discharged from
their positions, offices or employment.
All references to "Board of Adjustment" contained in this chapter
shall be deemed to be deleted or to refer to the "Planning Board"
or "Board" as the case may be.
Any variance from the terms of the Zoning Ordinance[1] hereafter granted by the Planning 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 variances, or unless
such permitted use has actually been commenced, within 24 months from
the date of publication of the notice of the judgment or determination
of the Planning 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 Planning Board to a court of competent
jurisdiction until the termination in any manner of such appeal or
proceeding.
