Township of Mannington, NJ
Salem County
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[Amended 5-6-1993 by Ord. No. 93-2]
Pursuant to the authority of N.J.S.A. 40:55D-25c, the Planning/Zoning Board shall exercise all powers of the Zoning Board of Adjustment, but the Class I (Mayor) and the Class III (Township Committee) members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d.[1]
Editor's Note: Original Section 2.16, Continuance of application for development submitted prior to municipality establishing single board, as amended 5-6-1993 by Ord. No. 93-2, which immediately followed this section, was deleted 7-31-2000 by Ord. No. 00-03. Original Sections 2.17 and 2.18 were deleted 5-6-1993 by Ord. No. 93-2.
The Planning/Zoning Board shall have the following powers as granted by law:
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 officer or agency based on or made in the enforcement of Part 3, Zoning, of this chapter. The Board may reverse or affirm, wholly or partly, or may modify the order requirement, decision or determination appealed from, and make such other order, 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.
Hear and decide requests for interpretation of the zoning map or regulations as provided in this chapter.
Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in Part 3, Zoning, of this chapter 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 Planning/Zoning Board of a subdivision, site plan, or conditional use in conjunction with which the Planning/Zoning Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60.
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 Board.
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, but only by the affirmative vote of a majority of the full authorized membership of the Board.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure on a lot not abutting a street as required by N.J.S.A. 40:55D-35.
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 Part 3, Zoning. Any application under any subsection of this section, may be referred to any appropriate person or agency, including the Planning/Zoning Board, for its report, provided that such reference shall not extend the period of time within which the Planning/Zoning Board shall act.
The Planning/Zoning Board shall have the power to grant subdivision, site plan, or conditional use approval, whenever the Board is reviewing an application for approval of a use variance, pursuant to Subsection A(4) of this section.
Appeals to the Planning/Zoning Board may be taken by an interested party affected by any decision of an administrative officer of the municipality, based on or made in the enforcement of Part 3, Zoning, of this chapter or Official Map. Each appeal shall 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/Zoning 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 Board all papers constituting the record upon which the action appealed was taken.
Applications may be made to the Planning/Zoning Board under any of its powers, without prior application to an administrative officer. Three copies of a completed application form, six copies of all plats or plans, along with all required accompanying documents and fees shall be filed with the Planning/Zoning Board Secretary at least 10 days prior to the date set for the hearing. The applicant shall obtain all necessary forms from the Planning/Zoning Board Secretary. The Planning/Zoning Board Secretary shall inform the applicant of the steps to be taken to initiate proceedings, and of the regular meeting dates of the Board.
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed was made, unless the officer from whom the appeal is taken, certifies to the Planning/Zoning Board, after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by an order of the Superior Court of New Jersey, upon notice to the officer from whom the appeal is taken and on due cause shown.
The Planning/Zoning Board shall render its decision not later than 120 days after:
An appeal is taken from the decision of an administrative officer, or
The submission of a complete application for development to the Board, pursuant to the provisions of N.J.S.A. 40:55D-72b. 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.
Expiration of variance. Any variance from the terms of this chapter hereafter granted by the Planning/Zoning Board permitting the erection or alteration of any structure or structures shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said ordinance, or unless such permitted use has actually been commenced, within nine months from the date of publication of the notice of determination of the Planning/Zoning Board, provided that a longer period of time, before such expiration may be granted by the Board, as a term and condition of the variance where the Board finds such an enlarged time period reasonably necessary and appropriate due to circumstances clearly demonstrated by the applicant at the hearing; except, however, that the running of the period of limitation herein provided shall be suspended from the date of filing an appeal from the decision of the Planning/Zoning Board to the Township Committee, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
Any interested party may appeal to the Township Committee, any final decision of the Planning/Zoning Board approving a use variance application pursuant to this chapter, provided that such appeal shall be made within 10 days of the date of publication of the Board's final decision. Such appeal shall be taken in accordance with N.J.S.A. 40:55D-17.