Town of Dover, NJ
Morris County
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Table of Contents
Table of Contents
A. 
Establishment. There is hereby established a Planning Board pursuant to N.J.S.A. 40:55D-1 et seq., of nine members, consisting of the following four classes:
(1) 
Class I: the Mayor.
(2) 
Class II: one of the officials of the Town other than a member of the Board of Aldermen to be appointed by the Mayor, provided that, if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
(3) 
Class III: a member of the Board of Aldermen to be appointed by it.
(4) 
Class IV: six other citizens of the Town to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment, and one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
B. 
Terms.
(1) 
The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member, who is also a member of the Environmental Commission, shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
(2) 
The term of a Class IV member, who is also a member of the Board of Adjustment or Board of Education, shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
(3) 
The terms of all Class IV members first appointed, pursuant to this section, shall be so determined that, to the greatest practicable extent, the expiration of such shall be evenly distributed over the first four years after their appointment, provided that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
C. 
Alternate members. There shall be two alternate members. Alternate members shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
D. 
Vacancies. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
E. 
Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and shall select a Secretary, who may be either a member of the Planning Board or a municipal employee designated by it.
F. 
Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney as it shall deem necessary, not exceeding the amount appropriated by the Board of Aldermen for its use. The Planning Board Attorney shall not be the Town Attorney.
G. 
Experts and staff. The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Board of Aldermen for its use.
H. 
Powers and duties generally. The Planning Board is authorized to adopt bylaws governing the procedural operation. It shall also have the following powers and duties:
(1) 
To make and adopt and from time to time amend a Master Plan for the physical development of the Town, including any areas outside its boundaries, which, in the Board's judgment, bear essential relation to the planning of the Town, in accordance with the provisions of the N.J.S.A. 40:55D-28.
(2) 
To administer the provisions of Article V of this chapter and the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3) 
To participate in the preparation and review of progress or plans required by state or federal law or regulations.
(4) 
To assemble data on a continuing basis as part of a continuous planning process.
(5) 
To annually prepare a program of municipal capital improvement projects, if requested and authorized by the Board of Aldermen, projected over a term of six years, and amendments thereto, and recommend the same to the Board of Aldermen, pursuant to N.J.S.A. 40:55D-29.
(6) 
To consider and report to the Board of Aldermen within 35 days after referral to any proposed development regulation submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26, Subdivision a, and also pass upon other matters specifically referred to the Planning Board by the Board of Aldermen, pursuant to the provisions of N.J.S.A. 40:55D-26, Subdivision b.
(7) 
Relief.
(a) 
When reviewing applications for approval of subdivision plans, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
[1] 
Variances, pursuant to N.J.S.A. 40:55D-70, Subdivision c, from lot area, lot dimensional setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.
[2] 
Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved, pursuant to N.J.S.A. 40:55D-32.
[3] 
Direction, pursuant to N.J.S.A. 40:55D-36, for issuance of a permit for a building or structure not related to a street.
(b) 
Whenever relief is requested, pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.
(8) 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Board of Aldermen for the aid and assistance of the Board of Aldermen or other agencies or officers.
I. 
Time; subdivision approval.
(1) 
Minor subdivision. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law[2] or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Town Engineer and the Tax Assessor. Any such plat or deed shall be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2) 
Preliminary approval of major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.
(3) 
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
(4) 
Final approval.
(a) 
Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the prescribed period shall constitute approval.
(b) 
Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
J. 
Applications; procedures for filing. Applications for development within the jurisdiction of the Planning Board shall be filed with the Secretary of the Planning Board. The applicant shall file at least 14 days before the date of the monthly meeting of the Board three copies of a sketch plat, three copies of applications for minor or major subdivision approval, site plan review, conditional use approval or planned development. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file 12 copies of all plot plans, maps or other documents 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 shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
K. 
Advisory committee. The Mayor may appoint one or more persons as a citizens advisory committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.
L. 
Environmental Commission. Whenever the Environmental Commission does prepare and submit to the Planning Board an index of the natural resources of the Town, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
M. 
Rules and regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this section. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
A. 
Establishment; composition; term.
(1) 
There is hereby established a Zoning Board of Adjustment, pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven members appointed by the Mayor and Board of Aldermen to serve for terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Thereafter the term of each member shall be four years. Nothing in this section, however, shall be construed to effect the term of any present member of the Zoning Board of Adjustment, each of whom shall continue in office until the completion of the term for which he was appointed. All members shall be residents of the Town of Dover.
[Amended 11-10-1998 by Ord. No. 34-1998]
(2) 
No member of the Zoning Board of Adjustment may hold any elective office or position under the Town of Dover.
(3) 
A vacancy occurring other than by expiration of term shall be filled for the unexpired term only.
B. 
Alternate members. There shall be two alternate members of the Board of Adjustment, who shall be appointed by the Mayor. The term of alternate members shall be for two years. The Chairman of the Board of Adjustment shall designate the alternate members as "Alternate No. 1" and "Alternate No. 2;" alternate members shall serve in rotation during the absence or disqualification of any regular members.
C. 
Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall select a Secretary who may be either a Board member or a municipal employee.
D. 
Board of Adjustment Attorney. The Zoning Board of Adjustment may annually appoint, fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney as it shall deem necessary, not exceeding the amount appropriated by the Board of Aldermen for its use. The Board of Adjustment Attorney shall not be the Town Attorney.
E. 
Experts and staff. The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Board of Aldermen for its use.
F. 
Rules and regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this section. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
G. 
Powers of the Zoning Board of Adjustment.
(1) 
The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-70 et seq., and amendments and supplements thereto, and with the provisions of this section.
(2) 
It is the intent of this section to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, 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 section, or any term, clause, sentence or word hereof, and the Zoning Map, in accordance with the general rules of construction applicable to legislative enactment.
(3) 
The board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variance from the terms of this section 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 section 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 N.J.S.A. 40:55D-1 et seq., 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.
H. 
Appeals and applications.
(1) 
Appeals to the Board of Adjustment may be taken by any person aggrieved, or by an officer, department, board or bureau of the Town affected by any decision of the administrative officer. Each appeal shall be taken within the 20 days prescribed by N.J.S.A. 40:55D-72a by filing a notice of appeal with the office from whom the appeal was taken, together with three copies of such notice, with the Secretary of the Board of Adjustment. Such 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.
(2) 
Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment. Three copies of the application shall be filed. 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 file all plot plans, maps or other documents required by virtue of any provisions of this section or any rules of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. 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.
(3) 
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 Board of Adjustment, after the notice of appeal has been filed with him, that by reason of fact 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 other than by a restraining order which may be granted by the Board of Adjustment 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.
I. 
Power to reverse or modify decisions. In exercising the above-mentioned power, the Board of Adjustment may, in conformity with applicable law, 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.
J. 
Expiration of variance. Any variances from the terms of this chapter hereafter granted by the Board of Adjustment 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 has been actually commenced on each and every structure permitted by such variance or unless such permitted use has actually been commenced within 12 months from the date of entry of the judgment or determination of the Board of Adjustment, except 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 of Adjustment to the Mayor and Board of Aldermen, or to a court of competent jurisdiction, until the termination in any manner of such appeal.
K. 
Powers granted by law. The Board of Adjustment shall have such powers as are granted by N.J.S.A. 40:55D-70, as may from time to time be amended or supplemented.
L. 
Additional powers. The Zoning Board of Adjustment shall, in addition to the powers specified, have power granted 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.
(3) 
To grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval, pursuant to N.J.S.A. 40:55D-37, 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 Subsection K.
M. 
Time for decision. The Board of Adjustment shall render its decision no 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. 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.
N. 
Effect of denial. Any application which is denied by the Board of Adjustment shall not be again considered by the Board except as provided herein and until two years' time lapses from the date of the Board's resolution of denial.
A. 
Conflicts of interest. No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member disqualifies himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
B. 
Meetings.
(1) 
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
(2) 
Special meetings may be held at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
(3) 
No action shall be taken at any meeting without an appropriate quorum being present.
(4) 
All actions shall be taken by majority vote of a quorum except as otherwise required by law.
(5) 
All regular meetings and all special meetings shall be open to the public. Notice of all such meeting shall be given in accordance with the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-7 et seq. An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
C. 
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during the normal business hours at the office of the Town Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
D. 
Fees. Fees for applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs which is not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board, and copies of such rules or of the separate fee schedule shall be available to the public.
E. 
Hearings.
(1) 
Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with applicable law or this chapter.
(2) 
Oaths. The officer presiding at the hearing, or such person as he may designate, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
(3) 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(4) 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(5) 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript of duplicate recording in lieu thereof on request to any interested party at his expense.
F. 
Notice requirements for hearing. Whenever a hearing is required on an application for development, the applicant shall give notice thereof in accordance with N.J.S.A. 40:55D-12 as may from time to time be amended or supplemented.
(1) 
When notice required.
[Amended 11-14-2000 by Ord. No. 21-2000]
(a) 
Notice shall be required for:
[1] 
Minor and preliminary major site plan review.
[2] 
Minor and preliminary major subdivision review.
[3] 
Variance relief.
[4] 
Conditional use permits.
(b) 
Notice shall not be required for:
[1] 
Final major site plan review.
[2] 
Final major subdivision review.
[3] 
Waiver of site plan, including expedited waiver of site plan review.
[4] 
Informal review of concept development plans.
[5] 
An appeal of the decision of the administrative officer per N.J.S.A. 40:55D-70a.
[6] 
Map or ordinance interpretation or special questions per N.J.S.A. 40:55D-70b.
(2) 
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
(3) 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
(4) 
All notices required to be given, pursuant to the terms of this section, shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.
G. 
List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor shall, within seven days after receipt of a request therefor, and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice.
H. 
Decisions.
(1) 
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which shall include findings of fact and legal conclusions based thereon.
(2) 
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or, if represented, then to the attorney without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Town Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Town.
I. 
Publication of decision. A brief notice of every final decision shall be published in the official newspaper of the Town. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. Such notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
J. 
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the Town will be adequately protected.
A. 
Appeals to the Zoning Board of Adjustment. An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the Town based on or made in the enforcement of Article IV, Zoning, or the Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal in the manner set forth in § 236-7H herein and in accordance with the provisions of N.J.S.A. 40:55D-69 et seq.
B. 
Appeals from Zoning Board of Adjustment to Board of Aldermen. An appeal from any decision of the Zoning Board of Adjustment granting a use variance pursuant to the provisions of N.J.S.A. 40:55D-70d may be taken to the Mayor and Board of Aldermen, provided that such appeal shall be made within 10 days of the date of publication of such final decision of the Zoning Board of Adjustment. Such appeal shall be conducted in accordance with N.J.S.A. 40:55D-17.
A. 
Definitions of terms. Whenever a term is used in this article which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term found in such statute, unless a contrary intention is clearly expressed from the context of this article.
B. 
Pending applications. All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of § 236-9B.