Freehold Township City Zoning Code
ARTICLE XXIII
Planning Board Acting as Board of Adjustment
§ 190-241 (Reserved) [1]
[1]
Editor's Note: Former § 190-241, Membership; appointment; organization, as amended, was repealed 12-22-2015 by Ord. No. O-15-26.
§ 190-242 Additional powers of Planning Board.
[Amended 12-22-2015 by Ord. No. O-15-26]
The Planning Board shall possess the following additional powers when exercising traditional Board of Adjustment powers:
A.
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 based on or made in the enforcement of the zoning provisions of this chapter.
B.
Hear and decide in accordance with the provisions of this chapter, 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 provisions.
C.
Where by reasons 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 of this chapter 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 a 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.
D.
In particular cases and for special reasons, grant a variance to allow departure from regulations of this chapter pertaining to zoning including but not limited to allowing a structure or use in a district restricted against a structure or use but only by affirmative vote of at least five members of the Board.
(1)
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 provisions of this chapter. An application under this section may be referred to any appropriate person or agency, for its report, provided that such reference shall not extend the period of time within which the Planning Board shall act.
(2)
Any variance or other relief affecting the creation and/or establishment of 25 or more new residential dwelling units in an area or zone prohibited against such dwellings shall be deemed to be a substantial detriment to the public good and a substantial impairment to the intent and purpose of the zone plan and zoning provisions of this chapter.
§ 190-243 (Reserved) [1]
[1]
Editor's Note: Former § 190-243, Costs and expenses, was repealed 12-22-2015 by Ord. No. O-15-26.
§ 190-244 Appeals and applications.
[Amended 12-22-2015 by Ord. No. O-15-26]
A.
Appeals to the Planning Board may be taken by any interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of the zoning provisions of this chapter or Official Map. 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 board all the papers constituting the record upon which the action appealed from was taken.
B.
A developer may file an application for development with the Planning Board for action under any of its powers without prior application to an administrative officer.
§ 190-245 (Reserved) [1]
[1]
Editor's Note: Former § 190-245, Time for decision, was repealed 12-22-2015 by Ord. No. O-15-26.
§ 190-246 Modification on appeal.
[Amended 12-22-2015 by Ord. No. O-15-26]
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.
§ 190-247 Stay of proceedings by appeal; exception.
[Amended 12-22-2015 by Ord. No. O-15-26]
An appeal to the Planning Board 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 him, that by reason of facts stated in the certificate of stay would, in his 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.