[1]
Editor’s Note: The former title of Art. II, Zoning Board
of Adjustment, was changed to Planning Board 12-17-2015 by Ord. No.
2015-28.
[Amended 12-17-2015 by Ord. No. 2015-28]
The City of Ventnor City hereby exercises the option provided
by N.J.S.A. 40:55D-25c and accordingly the City of Ventnor City Zoning
Board of Adjustment is terminated and is no longer a municipal agency.
[Amended 12-17-2015 by Ord. No. 2015-28]
For purposes of implementing the exercise of
said option, the term "Planning Board" shall be substituted for the
term "Zoning Board of Adjustment" or equivalent in each and every
instance "Planning Board" or equivalent appears in any City of Ventnor
City ordinance, resolution, or regulation.
[Amended 12-17-2015 by Ord. No. 2015-28]
Where the substitution of "Planning Board" for
"Zoning Board of Adjustment" or equivalent results in an apparent
duplication, redundancy, or conflict in any ordinance, resolution
or regulation, the same shall be liberally construed and interpreted
to implement the option provided by N.J.S.A. 40:55D-25c whereby the
Planning Board replaces and performs all functions of the Zoning Board
of Adjustment.
[1]
Editor’s Note: Former § 143-16, Experts and staff,
was repealed 12-17-2015 by Ord. No. 2015-28.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A.
The powers of the Planning Board shall be in accordance
with N.J.S.A. 40:55D-69 et seq. and amendments and supplements thereto
and with the provisions of this chapter.
B.
It is further the intent of this chapter to confer
upon the Planning Board as full and complete powers as may lawfully
be conferred upon such Board, including, but not by way of limitation,
the authority in connection with any case, action or proceeding before
the Board to interpret and construe the provisions of this chapter
or any term, clause, sentence or word hereof and the Zoning Map in
accordance with the general rules of construction applicable to legislative
enactments.
C.
The Board may, in appropriate cases and subject to
appropriate conditions and safeguards, grant variances from the terms
of this chapter in accordance with the general or specific rules contained
herein and with the general rules hereby laid down that equity shall
be done in cases where the strict construction of the provisions of
this chapter would work undue hardship. The powers and duties of the
Board having been delegated to and imposed upon it by statute, the
Board shall in all cases follow the provisions applicable to it in
said P.L. 1975, c. 291,[1] or subsequent statutes in such case made and provided,
and it shall from time to time furnish to any person requesting the
same a copy of its rules and information as to how appeals or applications
may properly be filed with the Board for its decision thereon.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Appeals to the Planning Board may be taken by any
persons aggrieved or by any officer, department, board or bureau of
the municipality affected by any decision of the administrative officer.
Each appeal shall be taken within the 65 days prescribed by the statute
by filing a notice of appeal with the officer from whom the appeal
was taken on the forms required and provided by said Board, if any,
together with nine copies of said notice, with the Secretary of the
Planning Board. Said copies of the appeal shall specify the grounds
for said 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.
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 Planning Board. Fifteen
copies of the application shall be filed. At the time of the filing
of the appeal or application, but in no event less than 21 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 provision
of this chapter or any rule of the Planning Board. The applicant shall
obtain all necessary forms from the Secretary of the Planning 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.
[Amended 4-20-1989 by Ord. No. 8906]
C.
An appeal stays all proceedings in furtherance of
the action in respect of which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the Planning
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 case, proceedings
shall not be stayed otherwise than by a restraining order, which may
be granted by the Planning 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.
In exercising the above-mentioned power, the
Planning Board may, in conformity with the provisions of P.L. 1975,
c. 291,[1] or amendments thereto or subsequent statutes applying,
reverse or affirm wholly or partly or may modify the order, 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
was taken.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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 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 six months 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.
The Planning Board shall have such powers as
are granted by law to:
B.
Hear and decide requests for interpretation of the
map or Zoning Ordinance or for decisions upon other special questions
upon which such Board is authorized by the Zoning Ordinance to pass.
C.
Where by reason of exceptional narrowness, shallowness
or shape of a specific piece of property or by reason of exceptional
situation or condition of such piece of property, the strict application
of any regulation in the Zoning Ordinance would result in peculiar
and exceptional practical difficulties to or exceptional and undue
hardship upon the owner of such property, grant, upon an application
or an appeal relating to such property, a variance from such strict
application so as to relieve such difficulties or hardship; provided,
however, that no variance shall be granted under this subsection to
allow a structure or use in a district restricted against such structure
or use and further provided that the proposed development does not
require approval by the Planning Board of a subdivision, site plan
or conditional use in conjunction with which the Planning Board shall
review a request for a variance pursuant to Subsection 47a of the
Municipal Land Use Law of 1975, P.L. 1975, c. 291.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-60a.
D.
Grant a variance or other relief under the provisions
of this section 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 zoning plan and Zoning Ordinance.
Any application under any subsection of this section may be referred
to any appropriate person or agency, including the Planning Board,
for its report, provided that such reference shall not extend the
period of time within which the Planning Board shall act.
A.
The Planning Board shall, in addition to the powers specified in § 143-22 of this article, have power given by law to:
(1)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved on the Official
Map.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
B.
The Board of Adjustment shall have the power to grant,
to the same extent and subject to the same restrictions as the Planning
Board, subdivision or site plan approval pursuant to Article 6 of
P.L. 1975, c. 291,[1] or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to § 143-22D of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-37 et seq.
The Planning Board shall render its decision
not later than 120 days after the date an appeal is taken from the
decision of an administrative officer or the submission of a complete
application for development to the Board pursuant to the provisions
of N.J.S.A. 40:55D-70b. 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.
