This article shall be known and may be cited
as "Variance Article of the Township of Manchester Municipal Land
Use and Development Regulations Chapter."
The provisions of this article shall be administered
by the Township of Manchester Board of Adjustment or the Township
of Manchester Planning Board acting in accordance with the provisions
of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Whenever an applicant is seeking relief from the provisions of Article
IV, Zoning, of this chapter, or where an applicant is seeking a permit pursuant to N.J.S.A. 40:55D-34 and/or 40:55D-36, an approving agency may grant relief under such circumstances and according to the standards set forth in this chapter and related statutes.
An applicant shall follow the submission procedures of Article
III, Administrative Procedures, of this chapter, and shall, in addition thereto, submit plans showing the following:
A. Entire tract in question.
B. Existing structure on tract.
C. Proposed structure on tract.
D. Streets, roads, driveways and sidewalks within or
immediately adjacent to said tract.
E. All existing and proposed side yard, front yard and
rear yard dimensions.
F. Where necessary, architectural plans showing at least
front elevations and dimensions of proposed structures.
G. Such other information as may be required by the approving
agency.
No variance may be granted under the provisions
of this chapter unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and this chapter. Any
application may be referred to any appropriate person or agency for
its report, provided that such reference shall not extend the period
of time within which the approving agency shall act.
Any variance from the terms of this chapter
hereafter granted by an approving agency permitting the erection or
alteration of any structure or structures or permitting a specified
use of any premises shall expire as of the time limit set forth in
any approving resolution. Should such resolution fail to set limits
for the expiration of a variance, such variance shall be deemed to
have expired three years after the grant of such approval, unless
construction or alteration or use shall have been actually commenced
within three years from the date of entry of the judgment or determination
of the approving agency; except, however, that the running of the
period of limitation herein provided shall be tolled from the date
of the filing an appeal from the decision of the approving agency
to the Township Council, or a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
Nothing contained in the foregoing shall absolve
an applicant from complying with submission requirements for a conditional
use permit, a site plan, or a submission where such requests are part
of a variance request.