Merchantville City Zoning Code
ARTICLE XIII
Planning Board Acting as the Zoning Board of Adjustment.
[Amended 1-14-2002 by Ord. No. 02-01]
[1]
Editor's Note: Previous Article VIII, Zoning Board of Adjustment, was amended 1-14-2002 by Ord. No. 02-01 to delete § 94-74 through § 94-78 and amend § 94-79 through § 94-83.
§ 94-74 Planning Board to exercise powers of Zoning Board of Adjustment.
Pursuant to N.J.S.A. 40:55D-25(c), as amended, the Planning Board of the Borough of Merchantville shall exercise, to the same extent and with the same restrictions, all of the powers of a Zoning Board of Adjustment.
§ 94-75 Participation by members on certain applications.
Pursuant to N.J.S.A. 40:55D-25(c), as amended, the Class I and Class III members of the Planning Board of the Borough of Merchantville shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70(d).
§ 94-76 Inconsistent references in Code.
All other inconsistent references in the Code of the Borough of Merchantville are hereby deleted or amended consistent with the intent of this article to allow the Planning Board of the Borough of Merchantville to exercise, to the same extent and with the same restrictions, all of the powers of the Zoning Board of Adjustment.
§ 94-79 Powers.
The powers of the Planning Board acting as the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-1 et seq., and amendments and supplements thereto, and with the provisions of this chapter.
§ 94-80 Appeals and applications.
A.
Appeals to the Planning Board acting as the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of this chapter. Such appeal shall be taken within twenty (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.
Applications addressed to the original jurisdiction of the Planning Board acting as the Board of Adjustment without prior application to a zoning or enforcement official shall be filed with the Secretary of the Zoning Board of Adjustment. Three (3) copies of the application shall be filed. At the time of filing the appeal or application, but in any event no less than ten (10) days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board acting as the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
C.
An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the zoning or enforcement official from whom the appeal is taken certifies to the Planning Board acting as the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Planning Board acting as the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the zoning or enforcement official from whom the appeal is taken and on due cause shown.
D.
An appeal from any final decision of the Planning Board acting as the Zoning Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d may be taken to the governing body, provided that such appeal shall be made within ten (10) days of the date of publication of such decision of the Planning Board acting as the Zoning Board of Adjustment. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17.
§ 94-81 Power to reverse or modify decisions.
In exercising the above-mentioned power as set forth in § 94-80A, the Planning Board acting as the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-74, or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as ought to be made, and to that end have all the powers of the zoning or enforcement official from whom the appeal was taken.
§ 94-82 Time limit for decision.
The Planning Board acting as the Board of Adjustment shall render its decision not later than one hundred twenty (120) days after the date an appeal is taken from the decision of an administrative officer or not later than one hundred twenty (120) days after the date of the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70. Failure of the Board to render a decision within such 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.
§ 94-83 Expiration of variance.
A.
Any variance from the terms of this chapter hereafter granted by the Planning Board acting as the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within twelve (12) months from the date of publication of the notice of the judgment or determination of the Planning Board acting as the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Planning Board acting as the Board of Adjustment to the governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
B.
The Planning Board acting as the Board of Adjustment may, upon good cause shown, extend the period specified in Subsection A above for a reasonable period of time in order to avoid undue hardship and unfairness to the applicant.
