Procedure on all appeals, petitions and other
matters before the Planning Board shall be governed by the provisions
of state law and by the officially adopted rules of procedure of the
Board. The chairman, or, in the event of his absence or of his physical
disability, the vice chairman, and the secretary shall sign all orders
or instructions to the Construction Official or Zoning Officer pertaining
to matters relating to this chapter.
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 have been given an opportunity to be heard.
The Planning Board shall fix a reasonable time
for the hearing of the appeal, application or other matter. Public
notice of the hearing shall be given in accordance with § 30-26
of this Code.
Applications for development may be filed with
the Planning Board for action under any of its powers without prior
application to the Zoning Officer.[1]
A.
The Planning Board shall render a decision no later
than 120 days after the date an appeal is taken from the decision
of the Zoning Officer, or no later than 120 days after the date of
submission of a complete application to the Planning 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. In the event
that the developer elects to submit separate consecutive applications
for the variance and for subsequent site plan, subdivision and/or
conditional use approval, the one-hundred-twenty-day period shall
apply only to the application for approval of the variance and the
time period for granting or denying any subsequent approvals shall
be as provided in these land use chapters for approvals by the Planning
Board.
B.
All decisions of the Planning Board shall be final.
In any case where the Planning 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 Planning Board, subject to any conditions
as may be imposed thereon.
Wherever the Zoning Officer is unable to establish
the location of a zone boundary in accordance with the rules therefor
established herein 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 this chapter, application for such
interpretation shall be made to the Planning Board.[1]
[1]
Editor's Note: Original Section 22-14.7, Written inquiries
to Zoning Board of Adjustment, which immediately followed this section,
was repealed 6-10-2015 by Ord.
No. 2015-07.
