A.
Planning Board.
(1)
The Planning Board, in its consideration of site plans,
subdivisions or conditional uses, shall have the same power as the
Board of Adjustment to grant:
(a)
Variances from lot area, lot dimensional, setback
and yard requirements.
[Amended 4-15-1980 by Ord. No. 9-80]
(b)
Approval to construct a building or structure
in the bed of a mapped street or public drainageway, flood control
basin or area reserved for the public or flood hazard area.
(c)
Approval for the issuance of a building permit
for a building or structure not related to a street.
(2)
At the request of a developer, the Borough Planning
Board shall have the power to grant an informal review of a concept
plan for development in the Borough. The escrow fee for this review
is $1,000. The developer shall not be bound by any concept plan for
which review is requested, nor shall the Borough Planning Board be
bound by any such review.
[Added 12-15-1998 by Ord. No. 31-98]
B.
Board of Adjustment. The Board of Adjustment shall
have the power to:
(2)
Hear and decide, in accordance with the provisions
of any such ordinance, requests for interpretation of the Zoning Map
or ordinance or for decisions upon other special questions upon which
such Board is authorized to pass by any Zoning or Official Map Ordinance
in accordance with this chapter.
(3)
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 pursuant to N.J.S.A. 40:55D-62 would result in peculiar
and exceptional practical difficulties to or exceptional and undue
hardship upon the developer of such property, grant, upon an application
or an appeal relating to such property, a variance from such strict
application of such regulation so as to relieve such difficulties
or hardship, including a variance for conditional use; 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 provided further that the proposed development does not require
approval by the Planning Board of a subdivision, site plan or conditional
use in conjunction with which the Planning Board shall review a request
for a variance pursuant to N.J.S.A. 40:55D-60 et seq.
[Amended 4-15-1980 by Ord. No. 9-80]
(4)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Chapter 250 of this Code, including but not limited to allowing a structure or use, but only by affirmative vote of at least five members of the Board. No variance or other relief may be granted under the terms 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.[2] An application under this section may be referred to any
appropriate person or agency, including the Planning Board, for its
report, provided that such reference shall not extend the period of
time within which the Zoning Board of Adjustment shall act.
[Amended 4-15-1980 by Ord. No. 9-80]
(5)
Direct issuance of a permit pursuant to Section 25
of Chapter 291 of the laws of New Jersey 1975[3] for a building or structure in the bed of a mapped street
or public drainageway, flood control basin or public area reserved
pursuant to Section 23 of Chapter 291 of the Laws of New Jersey 1975.[4]
[Added 4-15-1980 by Ord. No. 9-80]
(7)
Grant, to the same extent and subject to the same
restrictions as the Planning Board, subdivision or site plan approval
pursuant to Article 6 of Chapter 291 of the Laws of New Jersey 1975[6] or conditional use approval pursuant to Section 54 of
said chapter[7] whenever the proposed development requires approval by
the Board of Adjustment of a variance pursuant to Section 57d of said
chapter.[8] The developer may elect to submit a separate application
requesting approval of the variance and a subsequent application for
any required approval of a subdivision, site plan or conditional use.
The separate approval of the variance shall be conditioned upon grant
of all required subsequent approvals by the Board of Adjustment. No
such subsequent approval shall be granted unless such approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the Zone Plan
and Zoning Ordinance.[9] The number of votes of Board members required to grant
any such subsequent approval shall be as otherwise provided in this
chapter for the approval in question, and the special vote pursuant
to the aforesaid Section 57d of said chapter shall not be required.
[Added 4-15-1980 by Ord. No. 9-80]
(8)
Grant, to the same extent and subject to the same
restrictions as the Planning Board, subdivision approval involving
a subdivision of three lots or less, site plan approval or conditional
use approval whenever the Board is reviewing an application for a
use variance. In the event of a subdivision in excess of three lots,
the Board of Adjustment shall first refer the completed application
to the Planning Board for its report or approval.
No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he has, either directly
or indirectly, any personal or financial interest. Whenever any such
member shall disqualify himself from acting on a particular matter,
he shall not continue to sit with the Board on the hearing of such
matter nor participate in any discussion or decision relating thereto.
A.
Meetings of both the Planning Board and Zoning Board
of Adjustment shall be scheduled no less often than once a month,
and any meeting so scheduled shall be held as scheduled unless canceled
for lack of applications for development to process.
B.
Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members and shall
be held on notice to its members and the public in accordance with
all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum's being present.
E.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meetings Law,
Chapter 231 of the Laws of 1975.[2] An executive session for the purpose of discussing and
studying any matters to come before either Board shall not be deemed
a regular or special meeting in accordance with the provisions of
N.J.S.A. 40:55D-9.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
action taken by the Board, the findings, if any, made by it and the
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Municipal Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding
concerning the subject matter of such minutes. Such interested party
may be charged a fee for reproduction of the minutes for his use as
provided for in the law.
[Amended 2-26-2008 by Ord. No. 08-1]
A.
Escrow deposits. In addition to the initial fees or charges as elsewhere set forth, the Borough shall require escrow deposits in accordance with the provisions of the fee and deposit schedules set forth in §§ 212-18 and 212-23. The Chief Financial Officer of the Borough shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Borough. The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the Borough costs and expenses, except as provided for specifically by statute, nor shall a Borough professional add any such charge to his bill.
B.
Scope of reimbursed services. The Borough shall be
entitled to be reimbursed for the review of applications, both as
to completeness and as to content, for the review and preparation
of documents such as, but not limited to, drafting resolutions, developer's
agreements, and necessary correspondence with applicant or applicant's
professionals.
C.
Deposit of escrow funds; refunds. Deposits received
from any applicant in excess of $5,000 shall be held by the Chief
Financial Officer in a special interest-bearing deposit account, and
upon receipt of bills from professionals and approval of said bills
as hereinafter provided for, the Chief Financial Officer may use such
funds to pay the bills submitted by such professionals or experts.
The Borough shall not be required to refund an amount of interest
paid on a deposit which does not exceed $100 for the year. If the
amount of interest exceeds $100, the entire amount shall belong to
the applicant and shall be refunded to him by the Borough annually
or at the time the deposit is repaid or applied for the purposes for
which it was deposited, as the case may be, except that the Borough
may retain for administrative expenses a sum equivalent to no more
than 33 1/3% of that entire amount which shall be in lieu of
all other administrative and custodial expenses. All sums not actually
so expended shall be refunded to the applicant within 90 days after
action on the application is complete, as evidenced by the issuance
of all certificates of occupancy or a final denial of the application.
D.
Payments.
(1)
Each payment charged to the deposit for review of
applications, review and preparation of documents and inspection of
improvements shall be pursuant to a voucher from the professional
which voucher shall identify the personnel performing the service,
each date the services were performed, the hours spent to one-quarter
hour increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the Borough
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer simultaneously to the applicant and
the Borough agency for whom said services were performed.
(2)
The Chief Financial Officer shall prepare and send
to the applicant a statement which shall include an accounting of
funds listing all deposits, interest earnings, disbursements and the
cumulative balance of the escrow account. This information shall be
provided on a quarterly basis, if monthly charges are $1,000 or less,
or on a monthly basis if monthly charges exceed $1,000. If an escrow
account or deposit contains insufficient funds to enable the Borough
or approving authority to perform required application reviews or
improvement inspections, the Chief Financial Officer shall provide
the applicant with a notice of the insufficient escrow or deposit
balance. In order for work to continue on the development or the application,
the applicant shall within a reasonable time period post a deposit
to the account in an amount to be agreed upon by the Borough or approving
authority and the applicant. In the interim, any required health and
safety inspections shall be made and charged back against the replenishment
of funds.
E.
Payments required prior to issuance of permits. No
zoning permits, building permits, certificates of occupancy or any
other types of permits may be issued with respect to any approved
application for development until all bills for reimbursable services
have been received by the Borough from professional personnel rendering
services in connection with such application and payment has been
made.
F.
Close-out procedures. The following close-out procedures
shall apply to all deposits and escrow accounts established under
the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after
the approving authority has taken final action on the application,
evidenced by the issuing of all applicable certificates of occupancy
or final denial of the application. The applicant shall send written
notice by certified mail to the Chief Financial Officer of the Borough
and the approving authority and to the relevant Borough professional
that the application or the improvements, as the case may be, are
completed. After receipt of such notice, the professional shall render
a final bill to the Chief Financial Officer of the Borough within
30 days and shall send a copy simultaneously to the applicant. The
Chief Financial Officer of the Borough shall render a written final
accounting to the applicant on the uses to which the deposit was put
within 45 days of receipt of the final bill. Any balances remaining
in the deposit or escrow account, including interest in accordance
with N.J.S.A 40:55D-53.1, shall be refunded to the developer along
with the final accounting.
G.
Scope of charges. All professional charges for review
of an application for development, review and preparation of documents
or inspection of improvements shall be reasonable and necessary given
the status and progress of the application or construction. Review
fees shall be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with the conditions of approval, or review of requests
for modification or amendment made by the applicant. A professional
shall not review items which are subject to approval by any state
governmental agency and not under Borough jurisdiction except to the
extent consultation with a state agency is necessary due to the effect
of state approvals on the subdivision or site plan.
H.
Limitation of inspection fees. Inspection fees shall
be charged only for actual work shown on a subdivision or site plan
or required by an approving resolution. Professionals inspecting improvements
under construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work, and such
inspections shall be reasonably based on the approved development
plans and documents.
I.
Estimate of cost of improvements. The cost of the
installation of improvements for the purposes of N.J.S.A. 40:55D-53
shall be estimated by the Borough Engineer based on documented construction
costs for the public improvements prevailing in the general area of
the Borough. The developer may appeal the Borough Engineer's estimate
to the County Construction Board of Appeals, established pursuant
to N.J.S.A 52:27D-127.
J.
Appeals.
(1)
An applicant shall notify, in writing, the governing
body with copies to the Chief Financial Officer, the approving authority
and the professional whenever the applicant disputes the charges made
by a professional for a service rendered to the Borough in reviewing
applications for development, review and preparation of documents,
inspection of improvements, or other charges made pursuant to N.J.S.A.
40:55D-53.2. The governing body or its designee shall within a reasonable
time attempt to remediate any disputed charges. If the matter is not
resolved to the satisfaction of the applicant, the applicant may appeal
to the County Construction Board of Appeals, established pursuant
to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit
by any Borough professional or consultant, or the cost of the installation
of improvements estimated by the Borough Engineer pursuant to N.J.S.A.
40:55D-53.4. An applicant or his authorized agent shall submit the
appeal, in writing, to the County Construction Board of Appeals. The
applicant or his authorized agent shall simultaneously send a copy
of the appeal to the Borough, approving authority, and any professional
whose charges are the subject of the appeal. An applicant shall file
an appeal within 45 days from receipt of the informational copy of
the professional's voucher required by N.J.S.A. 40:55D-53.2(c), except
that if the professional has not supplied the applicant with an informational
copy of the voucher, then the applicant shall file his appeal within
60 days from receipt of the Borough statement of activity against
the deposit or escrow account required by N.J.S.A. 40:55D-53.2(c).
An applicant may file an appeal for an ongoing series of charges by
a professional during a period not exceeding six months to demonstrate
that they represent a pattern of excessive or inaccurate charges.
An applicant making use of this provision need not appeal each charge
individually.
(2)
Appeals shall be taken in accordance with the Rules
and procedures established by the County Construction Board of Appeals.
(3)
During the pendency of any appeal, the Borough or
approving authority shall continue to process, hear and decide the
application of development and to inspect the development in the normal
course and shall not withhold, delay or deny reviews, inspections,
signing of subdivision plats or site plans, the reduction or the release
of performance of maintenance guarantees, the issuance of construction
permits or certificates of occupancy, or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The Chief Financial Officer of the Borough may pay charges out of
the appropriate escrow account or deposit for which an appeal has
been filed. If the charge is disallowed after payment, the Chief Financial
Officer of the Borough shall reimburse the deposit or escrow account
in the amount of any such disallowed charge or refund the amount to
the applicant. If a charge is disallowed after payment to a professional
or consultant who is not an employee of the Borough, the professional
or consultant shall reimburse the Borough in the amount of any such
disallowed charge.
All applications, maps and documents for which
approval is sought shall be on file and available for public inspection
at least 10 days before the date of the hearing.
A.
Rules. The Planning Board and Zoning Board of Adjustment
may make rules governing the conduct of hearings before such bodies,
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties; and the provisions of the County and Municipal Investigations Law, the Laws of 1953, Chapter 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer, and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented. subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographic or mechanical
or electronic means. The Board shall furnish a transcript, or duplicate
recording in lieu thereof, on request to any interested party, at
his expense.
F.
Absences; eligibility to vote. When any hearing shall
carry over two or more times, a member of the Board who was absent
for one or more of the meetings shall be eligible to vote on the matter,
provided that that member has available to him a transcript or recording
of the meeting or meetings from which he was absent and certifies,
in writing, to the Board that he has read or listened to the record.[1]
[Amended 5-16-1978 by Ord. No. 13-78]
A.
Whenever a notice for a hearing is required on an
application for development, pursuant to N.J.S.A. 40:55D-1 et seq.,
the applicant shall give notice thereof as follows:
(1)
Notice shall be given by publication in the official
newspaper of the municipality at least 10 days prior to the date of
the hearing.
(2)
Notice shall be given to the owners located in the
state of all real property, as shown on the current tax duplicate
or duplicates, located within 200 feet in all directions of the property
which is subject to such hearing.
[Amended 4-15-1980 by Ord. No. 9-80]
(3)
Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality, which notice shall be in addition to the notice
required to be given pursuant to the preceding subsection to the owners
of lands in such adjoining municipality which are located within 200
feet of the subject premises.
(4)
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
(5)
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning
in the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include copies of any maps or documents required
to be on file with the Municipal Clerk, pursuant to N.J.S.A. 40:55D-10b.
B.
All notices required to be given pursuant to the terms
of this chapter shall state the date, time and place of the hearing,
the nature of the matters to be considered and identification of the
property proposed for development by street address, if any, or by
reference to lot and block numbers as shown on the current tax duplicate
in the Municipal Tax Assessor's office, and the location and times
at which any maps and documents for which approval is sought are available
as required by law. If relief is requested in the form of a variance,
the notice shall include a brief description of the relief sought.
C.
All notices specified in this section shall be given
at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
D.
Any notice made by certified mail, as required by
this section, shall be deemed to be complete upon mailing in accordance
with the provisions of N.J.S.A. 40:55D-14.
E.
Such notice shall be given by:
F.
Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
[Amended 4-15-1980 by Ord. No. 9-80]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough shall, within seven days' receipt of a request therefor and upon receipt of payment of a fee not in excess of $0.25 per name or $10, whichever is greater, make and certify a list, from the current tax duplicate, of names and addresses of owners to whom the applicant is required to give notice pursuant to § 212-12.
A.
Written resolutions.
[Amended 4-15-1980 by Ord. No. 9-80]
(1)
Each decision on any application for development shall
be reduced to writing as provided in this subsection and shall include
findings of facts and conclusions based thereon.
(2)
Failure of a motion to approve an application for
development to receive the number of votes required for approval shall
be deemed an action denying the application.
(3)
The municipal agency may provide such written decisions
and findings and conclusions either on the date of the meeting at
which the municipal agency takes to grant or deny approval or, if
the meeting at which such action is taken occurs within the final
45 days of the applicable time period for rendering a decision on
the application for development, within 45 days of such meeting by
the adoption of a resolution of memorialization setting forth the
decision and the findings and conclusions of the municipal agency
thereon. An action resulting from the failure of a motion to approve
an application shall be memorialized by resolution as provided above,
notwithstanding the time at which such action occurs within the applicable
time period for rendering a decision on the application.
(4)
The adoption of a resolution of memorialization pursuant
to this subsection shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the municipal agency who voted for the action previously taken,
and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the municipal
agency and not to be an action of the municipal agency, except that
failure to adopt such resolution within the forty-five-day period
shall result in the approval of the application for development, notwithstanding
any prior action taken thereon.
(5)
Whenever a resolution of memorialization is adopted
in accordance with this subsection, the date of such adoption shall
constitute the date of the decision for purposes of mailings, filings
and publications required by this chapter.
B.
Copies. A copy of the decision shall be mailed by
the Board, within 10 days of the date of decision, to the applicant
or, if represented, to his attorney, without separate charge. A copy
of the decision shall also be mailed to all persons who have requested
copies and who have paid the fee prescribed by the Board for such
service. A copy of the decision shall also be filed in the office
of the Municipal Clerk, who shall make a copy of such filed decision
available to any interested party upon payment of a fee calculated
in the same manner as established for copies of other public documents
in the municipality.
C.
Timing. Failure of a Board to render a decision within
the time prescribed by Chapter 291 of the Laws of 1975, as amended,[1] or within such further time as may be consented to by
the applicant shall constitute a decision favorable to the applicant.
The time periods for approval shall be as follows:
[Amended 4-15-1980 by Ord. No. 9-80]
(3)
Final approval: 45 days.
(4)
Conditional use: 95 days.
(5)
Variance: 120 days.
(6)
Classification of minor subdivision: 45 days.
(7)
Combined application:
(a)
For a conditional use permit and a site plan:
95 days.
(b)
For a subdivision plat, site plan or conditional
use permit and certain zoning variances or direction of the issuance
of a permit for a building not related to a street or in an area designated
on the Official Map for public acquisition or use: 95 days.
(c)
For a subdivision plat and a conditional use
permit or site plan: the longest time period or action by the Planning
Board, whether it is for subdivision, conditional use or site plan
approval.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Special provisions.
[Amended 4-15-1980 by Ord. No. 9-80]
(1)
If an application is found to be incomplete, the applicant
must be given written notification of all deficiencies within 45 days
of the submission of such application, or it shall be deemed properly
submitted.
(2)
If any application involves variances from lot area,
lot dimension, setback or yard requirements, the time for action shall
be 95 days.
(3)
All times may be extended with the consent of the
applicant.
E.
Publication. A brief notice of every final decision
shall be published in the official newspaper of the municipality.
Such publication shall be arranged by the Secretary of the Planning
Board or Zoning Board of Adjustment, as the case may be. without separate
charge to the applicant. Such notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decision.
F.
Certificates of approval.
[Amended 4-15-1980 by Ord. No. 9-80]
(1)
The prospective purchaser, prospective mortgagee or
any other person interested in any land which forms part of a subdivision
or which formed part of such subdivision three years preceding the
effective date of the Municipal Land Use Act[2] may apply, in writing, to the Borough Clerk of the municipality
for the issuance of a certificate certifying whether or not such subdivision
has been approved by the Planning Board. Such application shall contain
a diagram showing the location and dimension of the land to be covered
by the certificate and the name of the owner thereof.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
The Borough Clerk shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. The Clerk shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record in her office.
(3)
Each such certificate shall be designated as a certificate
as to approval of subdivision of land and shall certify:
(a)
Whether there exists in said municipality a
duly established Planning Board and whether there is an ordinance
controlling subdivision of land adopted under the authority of this
chapter.
(b)
Whether the subdivision, as it relates to the
land shown in said application, has been approved by the Planning
Board and, if so, the date of such approval and any extensions and
terms thereof, showing that subdivision of which the lands are a part
is a validly existing subdivision.
(c)
Whether such subdivision, if the same has not
been approved, is statutorily exempt from the requirement of approval
as provided in this chapter.
(4)
The Borough Clerk shall be entitled to demand and
receive for such certificate issued by her a reasonable fee not in
excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees
so collected by the Clerk shall be paid by her to the municipality.
G.
Expiration
of variance.
[Added 11-14-2022 by Ord. No. 22-16]
(1)
Any
variance from the terms of this chapter hereafter granted by the Zoning
Board of Adjustment permitting the erection or alteration of any structure
or structures, or permitting a specified use of any premises, shall
expire unless such construction or alteration shall have actually
commenced on each and every structure permitted by said variance,
or unless such use permitted by said variance has actually been authorized
by a construction permit within one year from the date of decision
by the Zoning Board of Adjustment. If, however, a variance is granted
in conjunction with a simultaneous site plan or subdivision approval,
then it shall expire at the same time as the site plan or subdivision
approval. In the event that an appeal is filed from the decision of
the Zoning Board of Adjustment, the running of the period of limitation
herein provided shall be suspended from the date the appeal is filed
with the governing body or court of competent jurisdiction until the
termination in any manner of such appeal or proceeding.
(2)
In
the case where an application for variance relief has been approved
subject to the subsequent approval of a separate site plan, subdivision
and/or conditional use application, the approval of the variance shall
stipulate a reasonable time period within which an application for
preliminary or final approval of the site plan, subdivision and/or
conditional use shall be submitted before the approval of the variance
shall expire. At the request of the applicant, the Zoning Board of
Adjustment may grant an extension of the previously stipulated period
for submission for up to 12 additional months but no more than one
such extension shall be granted.
[Amended 12-19-1989 by Ord. No. 24-89; 5-18-1993 by Ord. No.
4-93; 12-16-1997 by Ord. No. 19-97; 5-20-2008 by Ord. No. 08-17; 2-25-2016 by Ord. No. 16-1]
A.
Prior to
the certification of completeness of any application to the Planning
Board or the Zoning Board of Adjustment, all applicable fees shall
be paid.
B.
Fees for
applications to the Planning Board or the Zoning Board of Adjustment
shall be as set forth in the attached schedule at the end of this
chapter.[1]
[1]
Editor's Note: The Zoning Board of Adjustment Fee Schedule and Planning Board Fee Schedule are included as attachments to this chapter.
