a. Review by Board of Adjustment or Planning Board. The Board of Adjustment, or when it has jurisdiction pursuant to the Municipal Land Use Law, the Planning Board, shall hear and decide requests to vary from any of the requirements of the Zoning Ordinance.

1. Jurisdiction of Zoning Board of Adjustment.

The Zoning Board of Adjustment shall hear and act on all variances, except when jurisdiction may rest with the Planning Board as prescribed by paragraph b. below. The Zoning Board of Adjustment shall hear and act on all variances pursuant to N.J.S.A. 40:55D-70(d).

2. Jurisdiction of Planning Board. The Planning Board may hear and act on variances pursuant to N.J.S.A. 40:55D-70(c) relating to bulk requirements of the Zoning Ordinance, provided that it is in conjunction with a required subdivision or site plan review.

b. Application for Variance.

1. All application materials shall be submitted in conformance with subsection 33-11 of the Revised General Ordinances. The proposed variance shall be in compliance with all applicable ordinances and statutes, where not varied by the approving agency.

2. The application shall be declared completed within a forty-five (45) day period from the date of its submission according to the provisions of subsection 33-4.7 of this chapter.

c. Requirements for Variance Approval.

1. Considerations for Review.

In considering and acting upon variances the approving agency shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of the Zoning Ordinance.

2. Conditions of Approval.

Any approval of an application for development for a variance granted by the municipal agency shall be subject to the following conditions being satisfied prior to the issuance of a development permit:

(a) Payment of any outstanding real estate taxes and property improvement assessments.

(b) Publication of notice of the decision by the Planning Board Secretary or Board of Adjustment Secretary within the time established.

(c) Such other conditions which may be imposed by the municipal agency or which Federal, State or local law may require.

(d) A condition setting forth the time within which all conditions must be satisfied.

3. Expiration of Variance.

Any variance granted under this section shall expire one (1) year from the date of publication of the notice of the judgment or determination of the Board of Adjustment unless construction or alteration has actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced; except, however, that the running of the period of limitation shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.

(Ord. No. O-01-46 § 32-7.1)

The submission requirements and review process for conditional use applications shall be the same as for a major site plan review, except as set forth below.

a. Notice of Application.

Whenever the applicant requests approval of a conditional use, notice of the hearing on the application shall include reference to the request for conditional use approval.

b. Time for Board Action.

1. The Board shall grant or deny an application for conditional use approval within ninety-five (95) days of submission of a complete application or within such further time as may be consented to by the applicant.

2. The Board shall approve or deny a conditional use application simultaneously with any accompanying subdivision and/or site plan application. The longest time period for action by the Board, whether it be for subdivision, conditional use or site plan approval, shall apply.

c. Requirements for Approval.

No conditional use shall be approved unless the approving agency makes the following determinations:

1. All application materials shall have been submitted in complete conformance with this chapter.

2. The proposal shall be in complete conformance with all applicable conditional use standards where not varied by the approving agency.

3. Approval shall be subject to payment of all taxes and assessments for local improvements due on the property or any part thereof.

(Ord. No. O-01-46 § 32-7.2)