West Orange City Zoning Code
§ 25-51.1
Time Requirements.
[Ord. No. 2357-12 § 25-51.2]
An application for development shall be completed for the purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment when so certified by the Planning Director. The application shall also be deemed complete upon the expiration of 45 days from the date of submission for purposes of commencing the applicable time period unless:
a.
The application lacks information indicated on the checklists required by this chapter.
b.
The Planning Director has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. In determining the deficiencies the Planning Director shall take into consideration those requirements that are not applicable. The applicant may request that one or more of the submission requirements be waived, in which event the Planning Director shall grant or deny the request within 45 days, or defer the decision to the applicable board. Upon receipt of the notification from the Planning Director regarding the application deficiencies, the applicant may request waivers from the applicable Board for all or part of the deficiencies listed in the Planning Director's written notice. The Board shall hear and decide the waiver requests at the hearing on the application. The Board, in determining whether a waiver should be granted, shall consider the following:
1.
The size of the project;
2.
The reasonableness of the request;
3.
The relevancy of the subject data;
4.
The cost of providing the data;
5.
The availability of the data;
6.
Recommendations of the municipal staff, Environmental Commission and Downtown West Orange.
In no case shall a waiver be granted, if to do so will deprive the Board of the ability to make an informed, reasoned and defendable decision that will be in the best interests of the Township. All waivers shall require a majority vote of the applicable Board. All such votes shall be roll call votes and shall be recorded in the minutes of the applicable Board.
Nothing herein shall be constructed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application. Either Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by either Board.
