[Amended 1-14-2002 by Ord. No. 02-01]
Pursuant to N.J.S.A. 40:55D-25(c), as amended, the Planning
Board of the Borough of Merchantville shall exercise, to the same
extent and with the same restrictions, all of the powers of a Zoning
Board of Adjustment.
Pursuant to N.J.S.A. 40:55D-25(c), as amended, the Class I and
Class III members of the Planning Board of the Borough of Merchantville
shall not participate in the consideration of applications for development
which involve relief pursuant to N.J.S.A. 40:55D-70(d).
All other inconsistent references in the Code of the Borough
of Merchantville are hereby deleted or amended consistent with the
intent of this article to allow the Planning Board of the Borough
of Merchantville to exercise, to the same extent and with the same
restrictions, all of the powers of the Zoning Board of Adjustment.
The powers of the Planning Board acting as the Zoning Board
of Adjustment shall be in accordance with N.J.S.A. 40:55D-1 et seq.,
and amendments and supplements thereto, and with the provisions of
this chapter.
A.
Appeals to the Planning Board acting as the Board of Adjustment may
be taken by any interested party affected by any decision of an administrative
officer of the municipality based on or made in the enforcement of
this chapter. Such appeal shall be taken within twenty (20) days by
filing a notice of appeal with the officer from whom the appeal is
taken specifying the grounds of such appeal. The officer from whom
the appeal is taken shall immediately 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 acting as the Board of Adjustment without prior application
to a zoning or enforcement official shall be filed with the Secretary
of the Zoning Board of Adjustment. Three (3) copies of the application
shall be filed. At the time of filing the appeal or application, but
in any event no less than ten (10) 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 acting as 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.
C.
An appeal stays all proceedings in furtherance of the action in respect
to which the decision appealed from was made, unless the zoning or
enforcement official from whom the appeal is taken certifies to the
Planning Board acting as the Board of Adjustment 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 acting as the Board of Adjustment or by the Superior
Court of New Jersey on application or notice to the zoning or enforcement
official from whom the appeal is taken and on due cause shown.
D.
An appeal from any final decision of the Planning Board acting as
the Zoning Board of Adjustment approving an application for development
pursuant to N.J.S.A. 40:55D-70d may be taken to the governing body,
provided that such appeal shall be made within ten (10) days of the
date of publication of such decision of the Planning Board acting
as the Zoning Board of Adjustment. Such appeal shall be made in accordance
with the provisions of N.J.S.A. 40:55D-17.
In exercising the above-mentioned power as set forth in § 94-80A, the Planning Board acting as the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-74, or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as ought to be made, and to that end have all the powers of the zoning or enforcement official from whom the appeal was taken.
The Planning Board acting as the Board of Adjustment shall render
its decision not later than one hundred twenty (120) days after the
date an appeal is taken from the decision of an administrative officer
or not later than one hundred twenty (120) days after the date of
the submission of a complete application for development to the Board
pursuant to the provisions of N.J.S.A. 40:55D-70. 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.
A.
Any variance from the terms of this chapter hereafter granted by
the Planning Board acting as 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 shall have been actually commenced
on each and every structure permitted by said variance, or unless
such permitted use has actually been commenced, within twelve (12)
months from the date of publication of the notice of the judgment
or determination of the Planning Board acting as the Board of Adjustment;
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 acting as the Board of Adjustment to
the governing body or to a court of competent jurisdiction until the
termination in any manner of such appeal or proceeding.
