Millville City Zoning Code
ARTICLE X
Zoning Variances and Other Relief
§ 30-94 Appeals from decisions of administrative officer.
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the City based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days of the decision by filing a written notice of appeal with the administrative officer from whom the appeal is taken specifying the grounds of such appeal. The administrative officer from whom the appeal is taken shall immediately transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
§ 30-95 Application for development.
A.
A developer may file an application for development requesting a variance with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.
B.
An application for development requesting a variance shall be complete for purposes of commencing the applicable time period for action by the Board of Adjustment, when so certified by the authorized administrative officer. In the event that the administrative officer does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
(1)
The application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the authorized administrative officer has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application.
C.
The applicant shall obtain all necessary forms from the Secretary of the Board of Adjustment and shall submit the following in connection with an application for development requesting a variance at least 21 days before the hearing date:
(1)
Thirteen copies of the application form completed as required.
(2)
Thirteen copies of the site plan, subdivision plan or subdivision plats as required.
(3)
Applicant's affidavit of ownership of the property in question or his interest in the property in question.
(4)
If applicable, one of the documents required for freshwater wetlands pursuant to § 30-44B(4) of this chapter.
(5)
If the applicant is a corporation or a partnership, a complete list of the names and addresses of all shareholders or partners owning at least a ten-percent interest in the company as required by N.J.S.A. 40:55D-48.1 et seq.
(6)
The number of witnesses and their expertise, if any.
(7)
Certification that all real estate taxes and assessments currently due have been paid.
(8)
A receipt indicating that all fees due under this chapter have been paid.
D.
The applicant may request that one or more of the submission requirements be waived, in which event the Board of Adjustment or its authorized administrative officer shall grant or deny the request within 45 days. The applicant shall set forth the reason why the waiver is requested.
E.
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application and the request for relief.
F.
An application under this section may be referred to any appropriate person or agency for its report, provided that such referral shall not extend the period of time within which the Board of Adjustment shall act.
§ 30-96 Contents of notice of hearing.
The contents of the notice of hearing on an application for development requesting a variance shall state the date, time and place of the hearing, the nature of the matters to be considered and an identification of the property proposed for development by street address, if any, or by reference to lot and block number as shown on the current tax duplicate in the office of the Tax Assessor. It shall also include the location and times at which maps and documents for which approval is sought are available for public inspection pursuant to N.J.S.A. 40:55D-10.
§ 30-97 Notice of hearing.
The notices required by this article shall be given by the applicant at least ten days prior to the date of the hearing on the application for development requesting a variance. The notice requirements as set forth in § 30-49 of this chapter shall be applicable.
§ 30-98 Effect of mailing notices.
Any notice made by certified mail pursuant to this article shall be deemed complete upon mailing.
§ 30-99 Hearings.
The hearings required by this article shall be held in accordance with the provisions of § 30-8 of this chapter and the administrative procedures adopted by the municipal agency holding the hearing.
§ 30-100 Time for decision.
A.
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 pursuant to N.J.S.A. 40:55D-72.
B.
The failure of the Board of Adjustment to render a decision within the 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.
C.
Whenever review or approval of the application by the County Planning Board is required in the case of a subdivision or in the case of a site plan, the Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.
§ 30-101 Appeals from Board of Adjustment to governing body.
[Amended 10-18-2022 by Ord. No. 46-2022]
A.
An appeal to the governing body of the City may be taken by any interested party affected by any decision of the Board of Adjustment in connection with the granting of a use variance pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be taken within 10 days from the date of publishing the notice of decision by the Board of Adjustment by filing a notice of appeal with the City Clerk specifying the grounds of such appeal.
B.
The interested party filing such appeal shall arrange with the Clerk for the preparation of a transcript pursuant to N.J.S.A. 40:55D-10(f), the cost of which shall be assumed by the governing body up to a maximum amount of $1,000 with any remaining balance to be paid by the party taking the appeal.
C.
The appeal shall otherwise follow the procedures set forth in N.J.S.A. 40:55D-17. In addition, the Clerk shall arrange for the preparation of a total of nine copies of the transcript, to wit: five for the Board of Commissioners, one for the City Attorney, one for the party taking the appeal, one for each party defending the appeal, and one for the Board of Adjustment's solicitor.