[Added 8-6-1990 by Ord. No. 8-90]
The Zoning Board of Adjustment was created by ordinance pursuant to the terms of N.J.S.A. 40:55D-69. The aforementioned statute mandates the creation of a Zoning Board of Adjustment upon the adoption of a zoning ordinance unless the municipality is eligible for the option provided by N.J.S.A. 49:55D-25c which allows the Planning Board to exercise the powers of the Zoning Board of Adjustment in a municipality having a population of 2,500 or less. The population of the Borough of Riverdale is less than 2,500 persons.
The Planning Board shall hereafter exercise to the same extent and subject to the same restrictions all the powers granted by law to the Zoning Board of Adjustment. Except for applications for development, appeals or other matters pending before the Zoning Board of Adjustment at the date of the adoption of this article, said Board shall not hear, consider or decide any applications for development, appeals or other matters.
The Zoning Board of Adjustment shall be abolished upon the conclusion of all applications for development, appeals and other matters which were pending before it on the date of the adoption of this article, and all members, officers and employees shall be discharged from their positions, offices or employment.
Class I and Class III members of the Planning Board shall not participate in the consideration of any applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d.
That part or parts of any other ordinance of the municipality establishing or granting power or authority to the Zoning Board of Adjustment is hereby repealed, which repeal shall be effective on the date of the abolition of said Board as provided in § 37-41.3.
Appeals from arty final decision of the Planning Board approving an application for development pursuant to N.J.S.A. 40:55D-70d shall be made to the Mayor and Council.