Rockaway Township City Zoning Code
§ 54-16.4
Appeal for permits for lot not abutting a street.
[Ord. No. 95-24 § 54-35]
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 on a lot which does not abut a street giving access to such building or structure; 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 manner by which access will be provided to the building and/or structure, including the location of the nearest street from which access may be obtained. 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) 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 refusal to issue a permit would entail practical difficulty or hardship, or that the circumstances of the case do not require the building or structure to be related to a street.
(2)
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 provide adequate access for fire fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on the circulation plan element of the Township Master Plan.
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.