A.
Appeals to the Land Use Board shall be taken within
20 days of the action appealed from by filing a notice of appeal with
the officer from whom the appeal was taken and copies of said notice
with the Secretary of the Board. The notice of appeal shall specify
the grounds for appeal. The officer from whom the appeal is taken
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.[1]
B.
Applications addressed to the original jurisdiction
of the Land Use Board without prior application to an administrative
officer shall be filed with the Secretary of the Board 14 days prior
to the date set for the hearing. Four copies of the application and
eight copies of a plot plan shall be filed.
C.
At the time of filing the appeal or application, but
in no event less than 10 days prior to the date set for hearing, the
applicant shall also file all plot plans, maps or other papers required
by virtue of any provision of this chapter or any rules 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 proceedings and of the regular
meeting dates of the Board. Whenever a subdivision approval or site
plan approval is sought incidental to a Land Use Board application,
completed applications shall include all information required for
subdivision or site plan approval, and the Township Engineer shall
determine when the application is complete with respect to subdivision
or site plan.
D.
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 certifies to the
Board, after the notice of appeal shall have been 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 cases,
proceedings shall not be stayed other than by a restraining order,
which may be granted by the Superior Court of New Jersey on notice
to the officer from whom the appeal is taken and on due cause shown.
The Board may reverse or affirm, wholly or partly, or modify the action,
order, requirement, decision, interpretation 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.
A.
Public hearings. Prior to taking action on any matter
relating to this chapter, a public hearing shall be held after public
notice, and no action shall be taken respecting such matter until
all interested parties present shall have been given an opportunity
to be heard.
B.
Notification of public hearing. The Land Use Board shall fix a reasonable time for the hearing or appeal, application or other matter. The applicant shall give notice of the hearing in accordance with the provisions set forth in N.J.S.A. 40:55D-12 of the Municipal Land Use Law and its amendments and supplements thereto and Chapter 51 of the Oxford Township Code. (See § 51-14, Notice requirements for hearings.)[1]
A.
The Land Use Board shall render a decision not later
than 120 days after the date an appeal is taken from the decision
of the Zoning Officer, or not later than 120 days after the date of
submission of a complete application to the Land Use Board where no
prior application was made to the Zoning Officer. 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.
B.
Whenever the Land Use Board is considering an application
for relief pursuant to N.J.S.A. 40:55D-76b, it shall grant or deny
the application within 120 days after submission of a complete application
by the developer.
C.
Whenever the Land Use Board is exercising its ancillary
powers pursuant to N.J.S.A. 40:55D-60, the Land Use Board shall grant
or deny approval of the application within 95 days after submission
of a complete application by the developer.
D.
All decisions of the Land Use Board shall be final;
provided, however, that a decision with respect to a use variance
pursuant to N.J.S.A. 40:55D-70d may be appealed by any interested
party to the governing body pursuant to N.J.S.A. 40:55D-17.
E.
Where the Land Use Board renders a decision, the procedure
shall be in accordance with §§ 64-23 and 64-24 of the
Oxford Township Code and N.J.S.A. 40:55D-17g. In any case where the
Land Use Board has ruled favorably on an application, the Zoning Officer
shall be directed to issue a zoning permit in accordance with the
decision of the Land Use Board, subject to any conditions as may be
imposed thereon.
Whenever the Zoning Officer or Land Use Board
is unable to establish the location of a zone boundary in accordance
with the rules therefor established by this chapter or whenever an
applicant disagrees with the determination of a zone boundary location
by the Zoning Officer, or whenever any party requires an interpretation
of such other information as may be shown on the Zoning Map or in
the Zoning Ordinance, application for said interpretation shall be
made to the Land Use Board.
Any variance hereafter granted by the Land Use
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 variance, or unless
such permitted use has actually been 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.
