[1]
Editor's Note: Former §§ 45-14 through 45-20, Establishment, Removal, Officers, Board of Adjustment Attorney, Experts and staff, Rules and regulations, and Powers and duties, respectively, as amended, were repealed 5-4-1995 by Ord. No. 4-1995.
[Amended 2-16-1983; 3-17-1986; 5-4-1995 by Ord. No. 4-1995]
A.
Appeals to the Planning Board may be taken by any interested party. Each appeal shall be taken within the 20 days prescribed by statute by filing a notice of appeal with the officer from whom the appeal is taken, together with six copies of said notice to the Secretary of the Planning Board. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
B.
Applications addressed to the original jurisdiction of the Planning Board without prior application to an administrative officer shall be filed with the Secretary of the Board. Six copies of the application shall be filed. At the time of filing the appeal or application, but in no event fewer than 10 days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this chapter or any rule of the Board. The applicant shall obtain all necessary forms from the Secretary of the Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate the proceedings and of the regular meeting dates of the Board.
C.
An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whom the appeal is taken can certify to the Planning Board, after the notice of appeal shall have been filed with him or her, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
D.
A developer making application before the Planning Board shall appear personally, or in the absence of a personal appearance, an appearance may be made only by an attorney licensed to practice in the State of New Jersey.
[Amended 5-4-1995 by Ord. No. 4-1995]
In exercising the above-mentioned powers, the Planning Board may, in conformity with the provisions of the Municipal Land Use Law and amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and make such other 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 is taken.
[Amended 5-4-1995 by Ord. No. 4-1995]
Any variance granted by the Planning Board, in accordance with the provisions of this chapter, permitting the creation 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 commenced within one year from the date of publication of the notice 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.
[Added 7-18-1994 by Ord. No. 5-1994]
A.
The rules, regulations and standards of Chapter 215, Subdivision and Site Plan Review, shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the Planning Board under the terms of Chapter 215 shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these requirements is impracticable or will exact undue hardship, the Planning Board may grant such variances as may be reasonable and in the best public interest and in accordance with the general purpose and intent of the rules, regulations and standards established by Chapter 215. In making its findings, as required hereinbelow, the Planning Board shall take into account the nature of the proposed use, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.
B.
No variance shall be recommended unless the Planning Board finds that:
(1)
There are special circumstances or conditions affecting the property such that the strict application of the provisions of Chapter 215, Subdivision and Site Plan Review, would deprive the applicant of the reasonable use of his land.
(2)
The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
(3)
The granting of the variance will not be detrimental to the public welfare or injurious to property in the area in which the property is situated.
C.
Any application for a variance from Chapter 240, Zoning, pursuant to this section shall be made in writing and shall set forth the particular reason or reasons for the variance request. This request shall be filed with the application for a minor or major subdivision and shall comply with all the requirements of the variance checklist adopted as part of this section.[1]
[1]
Editor's Note: The checklist is on file in the office of the Planning Board.
A.
The Planning Board shall render its decision not later than 120 days after the date:
[Amended 5-4-1995 by Ord. No. 4-1995]
B.
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.