Amended 9-16-1968 by Ord. No. 68-13; 8-27-1973 by Ord. No. 73-16; 3-26-1990; 3-25-1991 by Ord. No. 91-4; 12-15-2003 by Ord. No. 2003-19]
Appeals to the Planning Board may be taken by any person aggrieved or by any officer, department, board or bureau of this Borough affected by any decision of the Zoning Inspector.
A. 
Manner of appeal. An appeal shall be taken within 30 days of the action by filing with the Zoning Inspector and with the Planning Board a notice of appeal, specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Planning Board all papers constituting the record upon which the action appealed from was taken.
B. 
Appeals; time for hearing; notice; appearance by attorney. The Planning Board shall fix a reasonable time for the hearing of the appeal, giving due notice thereof to the appellant. Said appellant shall, at least 10 days prior to the time appointed for said hearing, give personal notice to all owners of property situate within or without the municipality, as shown by the most recent tax lists of the municipality or municipalities, whose property or properties as shown by said lists are located within 200 feet of the property to be affected by said appeal. Such notice shall be given either by handing a copy thereof to said property owners or by leaving a copy thereof at their usual place of abode, if said owners are the occupants of the property affected by such appeal or are residents of the municipality in which said property is located. Whenever said owners are nonresidents of said municipality, such notice may be given by sending written notice thereof by registered mail to the last known address of the property owner or owners as shown by the most recent tax lists of said municipality. Where the owner is a partnership, service upon any partner as provided above shall be sufficient, and where the owners are corporations, service upon any officer, as set forth above, shall be sufficient. The appellant shall, by affidavit, present satisfactory proof to said Planning Board, at the time of the hearing, that said notices have been duly served as aforesaid. Upon the hearing, any party may appear in person or by agent or by attorney.
C. 
Fees. Each application shall be accompanied by a fee of $150, payable to the Borough of Clementon.
A. 
Any variance from the terms of this chapter 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 there shall have been commencement of construction or alteration on each and every structure permitted by said variance or unless such permitted use has actually been commenced within one year from the date of publication of the notice of 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 the governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
B. 
For purposes of this section, "commencement of construction or alteration" shall mean the actual commencement of physical construction or alteration in accordance with all permits, approvals and plans. Regarding construction, commencement shall require the breaking of ground or the physical start to erecting the structure. Regarding alteration, commencement shall require physical demolition or change to the structure.
C. 
In addition to the requirement that commencement be within one year from the date of publication of the notice of judgment or determination of the Planning Board, the allowable relief must be completed within two years from the date of publication of the notice of judgment or determination of the Planning Board with the same protective tolling provision as aforesaid during the pendency of any appeal. Unless the commencement and completion requirements are met, the variance shall lapse and expire.