A.
Appeals to the Planning Board may be taken by any
interested party affected by any decision of an administrative officer
of the municipality based on or made in the enforcement of the Zoning
Ordinance or Official Map. Such appeals shall be taken within 65 days
of said decision by filing a notice of appeal with the officer from
whom the appeal is taken, specifying the grounds of such appeal. Said
officer shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
B.
A developer may file an application for development
with the Planning Board for action under any of its powers without
prior application to an administrative officer.
The Planning Board shall render a decision not later than 120
days after the date an appeal is taken from the decision of an administrative
officer or of the submission of a complete application for development
to the Board.
The Planning Board may reverse or affirm, wholly
or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from, and to that end the
Board shall have all the powers of the administrative officer from
whom the appeal is taken.
An appeal to the Planning Board shall stay all
proceedings in furtherance of the action in respect to which the decision
appealed from was made, unless the officer from whose action the appeal
is taken certifies to the Board, after the notice of appeal is filed
with him, that by reason of facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life or property. In
such case, proceedings shall not be stayed except by order of the
Superior Court.
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 as hereinafter provided,
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 been commenced, within one year from the
date of entry 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 the governing body or to a court
of competent jurisdiction until the termination in any manner of such
appeal or proceeding.
