Manalapan Township City Zoning Code
§ 95-4.9
Transfer of applications between Boards.
A.
From Planning Board to Zoning Board of Adjustment.
(1)
In the event that a developer files his complete application with supporting documentation in accordance with the applicable provisions of this chapter with the Planning Board, and it is determined either before or after notice and at the public hearing that the application should have been initially filed with the Board of Adjustment and that the Planning Board does not have the statutory jurisdiction to grant the complete relief requested by the applicant/developer, the applicant may elect to do one of the following:
(a)
Voluntarily withdraw his application before the Planning Board and reapply to the Board of Adjustment; or
(b)
Direct the Planning Board to forward the entire application and a transcript or record of the proceedings before the Planning Board to the Board of Adjustment at applicant's expense.
(2)
Nothing stated herein shall relieve the applicant of the notice provisions of the statute and this chapter or estop the Board of Adjustment from handling the transferred application as a new application before the Board.
(3)
In the event that an application is transferred to the Board of Adjustment, the Board shall have 120 days from the date that the new application is filed or the transferred application is received by the Board of Adjustment to render its decision, the refiling date or effective transfer date being deemed to be the amended complete application date if the application is in fact complete.
B.
From Zoning Board of Adjustment to Planning Board.
(1)
In the event that a developer files his complete application with supporting documentation in accordance with the applicable provisions of this chapter with the Board of Adjustment, and it is determined either before or after notice and at the public hearing that the application should have been initially filed with the Planning Board and that the Board of Adjustment does not have the statutory jurisdiction to grant the complete relief requested by the applicant/developer, the applicant may elect to do one of the following:
(a)
Voluntarily withdraw his application before the Board of Adjustment and reapply to the Planning Board; or
(b)
Direct the Board of Adjustment to forward the entire application and a transcript or record of the proceedings before the Board to the Planning Board at applicant's expense.
(2)
Nothing stated herein shall relieve the applicant of the notice provisions of the statute and this chapter or estop the Planning Board from handling the transferred application as a new application before the Board.
(3)
In the event that an application is transferred to the Planning Board, the Board shall have the time periods prescribed by this chapter and the New Jersey statutes from the date that the new application is filed or the transferred application is received by the Planning Board to render its decision; the refiling date or effective transfer date being deemed to be the amended complete application date if the application is in fact complete.
