In cases where a proposed development requires a Board of Adjustment action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70.d or does not involve a site plan or subdivision but requires a variance pursuant to N.J.S.A. 40:55D-70C or requires the direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 or where a party requests Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70.a or on an interpretation pursuant to N.J.S.A. 40:55D-70.b the applicant shall submit to the Administrative Officer 12 copies of the items required in Section 30-12 of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property. Notwithstanding the aforesaid, the applicant is to submit 21 subdivision plans and/or site plans, five of which shall be full size as required in Section 30-12 of this chapter and 16 of which are to be 11 inches by 17 inches.

The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provision of subsection 30-4.3c of this chapter.

The Board of Adjustment shall render a decision not later than 120 days after the date (1) an appeal is taken from the decision of an Administrative Officer, or (2) the submission of a complete application for development to the Board of Adjustment, (3) failure of the Board to render a decision within 120-day period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.