A.
Appeals to the Planning Board which require the Board to invoke its
powers as a zoning board of adjustment may be taken by any interested
party affected by any decision of an administrative officer of the
City based on or made in the enforcement of this chapter. Such appeal
shall be taken within 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 Planning Board all the papers constituting the record
upon which the action appealed was taken.
B.
Modification on appeal. In exercising its powers as a zoning board
of adjustment, the Planning Board may reverse or affirm, wholly or
in part, or may modify the action, order, requirement, decision, interpretation
or determination appealed from and, to that end, have all the powers
of the administrative officer from whom the appeal is taken.
C.
Stay of proceedings by appeal. An appeal to the Planning Board which
requires the Board to invoke its powers as a zoning board of adjustment
shall stay all proceedings in furtherance of the action in respect
to which the decision appealed from was made, unless the officer from
whose action the appeal is taken certifies to the Planning Board,
after the notice of appeal shall have been filed with the officer,
that by reason of facts stated in the certificate a stay would, in
the officer's opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court upon notice to the officer from whom the appeal
is taken and on due cause shown.
D.
Time for decision. The Planning Board acting in the capacity as a
zoning board of adjustment shall render its decision not later than
120 days after the date an appeal is taken from the decision of an
administrative officer or after the submission of a complete application
for development to the Board, pursuant to N.J.S.A. 40:55D-72b, or
within such further time as may be consented to by the applicant.
In the event the developer submits separate consecutive applications,
pursuant to this chapter, the aforesaid time period shall apply to
the application for approval of the variance. The period for granting
or denying any subsequent approval shall be as otherwise provided
in this chapter.
E.
Any variance from the terms of Chapter 300, Zoning, granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or a specified use of any premises shall expire unless such construction, alteration or use shall have been actually commenced on or in each and every structure permitted by said variance within one year from the date of authorization by the Board of Adjustment and is diligently pursued to completion; except, however, that the running of this period shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding; provided, however, that if any variance is granted as part of a site plan or subdivision approval, the expiration of the variance shall occur upon the expiration of the site plan or subdivision approval.
F.
Any appeal of the granting of a use variance pursuant to the provisions
of N.J.S.A. 40:55D-17d may be taken to the City Commissioners, provided
that such appeal shall be made within 10 days of the date of publication
of such final decision of the Planning Board.
