In cases where a proposed development requires Planning Board action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70.c. or d. or for the direction of 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 Planning Board 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 22-12 of this Chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.

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 22-4.3c of this Chapter.

The Planning Board shall render a decision not later than 120 days after the date (1) an appeal is taken from the decision of an administrative office or (2) the submission of a complete application for development to the Planning Board (3) failure of the Board to render a decision within 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.