In the case of site plans, subdivisions and all other applications for development, the Landmarks Preservation Commission shall review such applications and provide its advice to the Planning Board or other board of jurisdiction in writing. In addition, one or more of the Landmarks Commission's members or staff shall be available to testify at the hearing on the application before the board of appropriate jurisdiction and explain the findings contained in the Landmarks Preservation Commission's written report. The recommendations and advice of the Landmarks Preservation Commission shall not be disregarded by the appropriate board of jurisdiction except for reasons stated on the record.

All appeals from decisions of the board of jurisdiction shall be made to a court of competent jurisdiction, except that grants of variances under N.J.S.A. 40:55-70D shall be made to the Township Committee pursuant to Subsection 16-7.7 of this chapter.

Every application for a preservation plan approval which is not part of an application for development shall be deemed complete or incomplete by the administrative officer within 15 days of filing. If the application is deemed incomplete, he shall advise the applicant within such period. If it is deemed complete, he shall forthwith forward the application to the Landmarks Preservation Commission, unless he determines that the application will not have a significant impact on the historic site or historic district in question. If the administrative officer fails to act within the required time, the application shall be deemed complete.

If the administrative officer or his designee determines that the preservation plan conforms to the requirements of Subsections 16-13.20 or 16-13.21, as the case may be, and will not have a significant impact, he shall forward the plan and application to the Chairperson of the Landmarks Preservation Commission or his designee on the Commission, who shall approve such application without further review, if he/she concurs with the administrative officer's determination. However, if the administrative officer or Chairperson finds lack of such conformity, or that there is a significant impact from the activity proposed in the application, the administrative officer shall forward it to the Landmarks Preservation Commission for review.

The administrative officer shall make the determination required by paragraph 2 above, and shall communicate such determination in writing to the applicant within 30 days of receipt of a complete preservation plan. For purposes of this subsection, the date of written communication with the applicant shall be the date on which the writing, addressed to the applicant is deposited in the mail, or is hand delivered to the applicant to or at the address shown on his application.

In the event the applicant alleges that compliance with the requirements of this subsection or Subsection 16-13.16a concerning applications for development within the Landmarks Preservation Overlay Zone would be an unreasonable hardship, or that the nature of his application would not justify the time and expense of a plenary proceeding nor impact negatively on the public good or specifically on the historic qualities sought to be preserved, the Landmarks Preservation Commission may grant appropriate relief from the requirements of this subsection, or recommend such relief to the Board of competent jurisdiction as it deems consistent with the public good and the purposes of this section. When such relief is granted, a Certificate of Hardship shall be issued to the applicant. This Certificate shall specifically identify the reasons supporting its issuance.

The Landmarks Preservation Commission shall conduct a public hearing on all preservation plans not approved pursuant to paragraph 2 above within 45 days of the Administrative Official's referral of the application to the Commission. The Secretary of the Landmarks Preservation Commission shall give the applicant written notice of the hearing date and shall post in a prominent place in the Township building notice of the application and date, time, and place of the public hearing. The applicant shall notify all property owners within 200 feet of the lot which is the subject of the public hearing by certified mail with a return receipt requested, of the hearing on the application, including a brief description of the work for which approval is sought. Such notification must be made not less than 10 days before the date of public hearing. The application and accompanying material shall be placed on file and available for public inspection at least 10 days before the date set for the public hearing.

The hearing shall be conducted in accordance with the applicable procedures for applications for development. At the conclusion of the hearing, the Landmarks Preservation Commission shall recommend to approve, approve with conditions, or deny the application and shall report its recommendation to the administrative officer, who shall notify the applicant and any interested party who requested notification of the decision within 10 days after the hearing. If the Landmarks Preservation Commission fails to act within the prescribed time period, the application shall be treated as having been recommended for permit approval without conditions.

Any interested party may appeal the decision of the Landmarks Preservation Commission to the Montgomery Township Board of Adjustment pursuant to Subsection 16-7.3 of this chapter.

The Commission or, in the case of applications determined not to have a significant impact pursuant to paragraph 2, the Chairperson may for good cause waive any applications fees and escrow deposits.