In cases where a proposed development requires Board of Adjustment action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70d 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-70a or on an interpretation pursuant to N.J.S.A. 40:55D-70b the applicant shall submit to the Administrative Officer 20 copies of the items required in Article XII 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 § 95-4.3C of this chapter.

The Board of Adjustment shall render a decision not later than 120 days after the date an appeal is taken from the decision of an Administrative Officer or the submission of a complete application for development to the Board of Adjustment. Failure of the Board to render a decision within a 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.