Rockaway Township City Zoning Code
§ 54-16.3
Appeal for issuance of permits for areas on Official Map.
[Ord. No. 95-24 § 54-34]
Appeals to the Zoning Board of Adjustment may be taken from a refusal by the Administrative Officer to issue a permit for any building or structure in the bed of any street or public drainage way, flood control basin or public area reserved on the Official Map; provided that if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use, the Planning Board shall also hear any appeal pursuant to this section. A developer may also file an application for development with the appropriate Board under this section without prior application to the Administrative Officer. The following provisions shall apply to such appeals or applications:
B.
Any appeal or application pursuant to this section shall be required to submit 15 copies of a map showing the property in question and the location of the proposed building and/or structure in relation to the bed of the mapped street or public drainage way, flood control basin or public area reserved on the Official Map. In addition, fees required by this chapter shall be submitted with the notice of appeal, as well as proof of payment of taxes and assessments.
C.
An appeal pursuant to this section shall stay all proceedings in the same manner as specified in Subsection 54-16.1D.
D.
A public hearing shall be held in accordance with the provisions for hearings in this chapter.
E.
The appellant shall give public notice of the hearing in the manner specified for development applications in this chapter; provided that the parties entitled to notice shall be as specified in Subsection 54-14.4B(1) of this chapter. Affidavits of proof of service of notice shall be submitted at least two business days prior to the hearing.
F.
The Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the refusal of the Administrative Officer and direct the issuance of a permit subject to the following provisions:
(1)
There must be a showing by the appellant, and the Board must find, that the subject property cannot yield a reasonable return to the owner unless a building permit is granted.
(2)
Any decision of the Board to direct the issuance of a permit pursuant to this section shall only be by an affirmative vote of a majority of the full authorized membership of the Board.
(3)
Any decision of the Board to direct the issuance of a permit pursuant to this section shall be in accordance with terms and conditions which will as little as practicable increase the cost of opening such street, or tend to cause a minimum change of the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public.
G.
The Zoning Board of Adjustment shall render a decision not later than 120 days after the date 1) an appeal is taken from the Administrative Officer or 2) a development application is certified to be complete pursuant to this chapter.