[Amended 9-10-1981 by Ord. No. 10-81; 12-10-2003 by Ord. No. 15-03; 11-9-2011 by Ord. No. 12-2011]
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
The Planning 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-l 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 of Adjustment as full and complete powers as may lawfully be
conferred upon such Planning Board, including, not by way of limitation,
the authority, in connection with any case, action or proceeding before
the Planning 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 Planning 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
Planning Board having been delegated to and imposed upon it by statute,
the Planning Board shall in all cases follow the provisions applicable
to it in said c. 291. P.L. 1975, 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 Planning Board
for its decision thereon.
A.
Appeals to the Planning Board may 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, together with three copies of said notice
with the Secretary of the Planning Board. Said notice of appeal shall
specify the grounds for said appeal. The officer from whom the appeal
is taken shall forthwith transmit to the Planning 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 delivered to the Borough Clerk at least 15 days before the date of the hearing. Twelve copies of the completed, signed and notarized application must be provided to the Borough Clerk when the application is to be filed. At the time of filing the appeal or application, but in no event less than 15 days prior to the date set for the hearing, the applicant shall also file 12 copies of a legible plot plan or survey (not less than one inch equal 100 feet) of the property indicating the relation of the existing or proposed structure with the adjoining property. The applicant shall also obtain all necessary forms from the Borough Clerk. The Borough Clerk shall inform the applicant of the steps to be taking to initiate proceedings and of regular meeting dates of the Planning Board. For purposes of clarifying the procedure, which must be filed by the applicant, the applicant is advised that the procedures set forth and established in Chapter 128, § 100 of this Code are to be followed for any application or appeal to be filed with the Riverton Borough Planning Board.
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 cases, 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 c. 291, P.L. 1975, or amendments
thereto or subsequent statutes applying, reverse or affirm, wholly
or partly, or may modify the order, requirement, decision 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 was taken.
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 publication of the notice 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.
A.
The Planning Board shall have such powers as are granted by law to:
(1)
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of the Zoning Ordinance.
(2)
Hear and decide requests for interpretation of the Zoning Map or
Zoning Ordinance or for decisions upon other special questions upon
which such Planning Board is authorized by the Zoning Ordinance to
pass.
(3)
Where by reason of exceptional narrowness, shallowness or shape of
a specific piece of property, or by reason of exceptional topographic
condition, or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the district 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 governing body of a subdivision, site plan or conditional
use in conjunction with which the Planning Board shall review a request
for a variance pursuant to the Section 47a of the Municipal Land Use
Law of 1975, c. 291, P.L. 1975.
(4)
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least 2/3 of the full
authorized membership of the Planning Board.
B.
No variance or other relief may be granted 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 zone plan and Zoning Ordinance.
Any application under any subsection of this section shall be referred
to the governing body 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 § 22-17 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 Planning Board shall have the power to grant, to the same extent and subject to the same restrictions as the governing body, subdivision or site plan approval pursuant to Article 6 of c. 291, P.L. 1975, or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Planning Board is reviewing an application for approval of a use variance pursuant to Article II, § 22-17A(4), of this chapter.
A.
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 not later than 120 days after the submission of a complete
application for development to the Planning Board pursuant to the
provisions of N.J.S.A. 40:55D-72b.
B.
Failure of the Planning 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.
