A. Establishment. The Planning Board presently in existence pursuant to N.J.S.A. 40:55D-23 is hereby continued to consist of nine (9) members of the following four (4) classes and two (2) alternates:
(1) Class I: the Mayor.
(2) Class II: one (1) of the officials of the borough other than a member of the Borough Council to be appointed by the Mayor, provided that, if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class 11 Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
(3) Class III: a member of the Borough Council to be appointed by it.
(4) Class IV: six (6) other citizens of the borough to be appointed by the Mayor. The members of Class IV shall hold no other municipal office position, except that one (1) member may be a member of the Zoning Board of Adjustment and one (1) may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there are among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class 11 member of the Planning Board. For the purpose of this section, membership on a borough board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall be considered the holding of municipal office.
(5) Alternates. The Mayor shall also appoint two (2) alternate members who shall meet the qualifications of Class IV members. Alternate members shall be designated by the Mayor at the time of appointment as "Alternate No. I" and "Alternate No. 2."
B. Terms.
(1) The term of the member composing Class I shall correspond to his/her official tenure. The terms of the members composing Class II and Class III shall be for one (1) year or shall terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three (3) years or terminate at the completion of his/her term of office as a member of the Environmental Commission, whichever comes first.
(2) The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
(3) The terms of all Class IV members first appointed pursuant to this chapter and N.J.S.A. 40:55D-23 shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be evenly distributed over the first four (4) years after their appointment; provided, however, that no term of any member shall exceed four (4) years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four (4) years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
(4) The terms of alternate members shall be two (2) years, except that the terms of the alternate members shall be such that the term of not more than one (1) alternate member shall expire in any one (1) year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two (2) years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class, A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
C. Conflicts. No member or alternate member of the Planning Board shall be permitted to act on any matter in which he/she has, either directly or indirectly, any personal or financial interest.
D. Lack of quorum. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23b or 40:55D-23.1 from acting on a matter due to the member's personal or financial interest therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice. [Added 12-13-1993 by Ord. No. 670]
E. Vacancies. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.
F. Removal. Any member other than a Class I member, after a public hearing if he/she requests one, may be removed by the Borough Council for cause.
G. Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
H. Planning Board Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Borough Attorney.
I. Expenses, experts and staff. The Borough Council shall make provisions in its budget and appropriate funds for the expenses of the Planning Board. The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.
J. Powers and duties.
(1) The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply. The Planning Board shall have the following powers and duties:
(a) To prepare and, after public hearing, adopt or amend a Master Plan or component parts thereof to guide the use of lands within the borough in a manner which protects public health and safety and promotes the general welfare in accordance with the provisions of N.J.S.A. 40:55D-28 and to prepare and adopt a Reexamination Report of the Master Plan and Zoning and Land Development Regulations in accordance with the provisions of N.J.S.A. 40:55D-89. [Amended 12-13-1993 by Ord. No. 670]
(b) To administer site plan and land subdivision reviews in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37 through 40:55D-59.
(c) To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.
(d) To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
(e) Prior to the adoption of a development regulation, including this chapter, revision or amendment thereto, to make and transmit to the Borough Council, within thirty-five (35) days after referral, a report, including identification of any provisions in the proposed development regulations revision or amendment which is inconsistent with the Master Plan and recommendations concerning these inconsistencies and any others as the Planning Board deems appropriate. The Borough Council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendations by a vote to a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty- five-day period shall relieve the Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of N.J.S.A. 40:55D-32 to any official map or amendment or revision thereto, or of N.J.S.A. 40:55D- 62a to any zoning regulation or any amendment or revision thereto.
(f) To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(g) To assemble data on a continuing basis as part of a continuing planning process.
(h) Variances.
[1] When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment.
[a] Variances pursuant to N.J.S.A. 40:55D-70c.
[b] Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
[c] Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
[2] Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.
[3] Any variance hereafter granted by the Planning Board permitting the erection or alteration of any structure or structures shall expire by limitation unless such construction or alteration has been actually commenced on each and every structure permitted by said variance, or unless such development has actually been commenced within twelve (12) months from the date of publication of the notice of the judgment or determination of the Planning Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Planning Board to a court of competent jurisdiction, until the termination in any manner of such proceeding. The Planning Board may, for good cause, extend the time period for a period not to exceed six (6) months. In no case shall the Board grant more than two (2) such extensions. Where subdivision or site plan approval is required, the period of time for commencement of the development specified by the Planning Board shall be the same as the period of time for which other rights are conferred upon the applicant by such subdivision or site plan approval pursuant to the provisions of this chapter.
(i) To review capital projects pursuant to N.J.S.A. 40:55D-31.
(j) To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other borough bodies, agencies or officers.
(2) The Borough Council may, by ordinance, provide for the reference of any matters or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon, except for any matter under the jurisdiction of the Board of Adjustment. The Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body. Such recommendation may be rejected only by a majority of the full authorized membership of such other body.
K. Citizens' Advisory Committee. The Mayor may appoint one (1) or more persons as a Citizens' Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.
L. Environmental Commission, Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
M. Simultaneous review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.
N. Referrals from Zoning Board of Adjustment. The Planning Board shall receive and act on all referrals from the Zoning Board of Adjustment in a timely manner so that the Zoning Board will receive the advice of the Planning Board within forty-five (45) days of the referral. The Planning Board shall review the material referred and may make recommendations to the Zoning Board of Adjustment in writing and/or at the public hearing on the application. The Planning Board's recommendations may contain the Planning Board's opinion as to the compatibility of the proposal to the Master Plan; applications which may have been or are currently being processed by the Planning Board for similar uses; land use, traffic and other data relevant to the application which the Planning Board has in its files; and what conditions, if any, the Planning Board recommends to be imposed on the applicant to improve compatibility with the Master Plan and this chapter should the Zoning Board of Adjustment grant the variance.
O. Conditional uses. The Planning Board shall grant or deny an application for a conditional use within ninety-five (95) days of submission of a complete application by a developer to the administrative officer or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use may also include site plan review. The time period for approval by the Planning Board of conditional uses shall apply to such site plan review.
P. Review in lieu of Board of Adjustment. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60 and § 94-3.1J(1)(h) of this chapter, the Planning Board shall grant or deny approval of the application within one hundred twenty (120) days after submission by a developer of a complete application to the administrative officer (Planning Board Secretary) or within such further time as may be consented to by the applicant. An application for variance, conditional use and/or directive for issuance of a building permit shall be heard by the Board in conjunction with the hearing on a minor subdivision, minor site plan, preliminary subdivision plat or preliminary site plan.
Q. Failure to act. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer (Planning Board Secretary) as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
R. Periodic reexamination.
(1) The Borough Council shall, at least every six (6) years, provide for a general reexamination of the Borough Master Plan and Land Use and Development Regulations by the Planning Board which shall prepare and adopt by resolution a report on the findings of such reexamination. A copy of which report and resolution shall be sent to the Monmouth County Planning Board and the Municipal Clerks of each adjoining municipality. The next reexamination shall be completed by August 1, 1988. Thereafter, a reexamination shall be completed at least once every six (6) years from the previous reexamination. The reexamination report shall state:
(a) The major problems and objectives relating to land development in the borough at the time of the adoption of the last reexamination report.
(b) The extent to which such problems and objectives have been reduced or have increased subsequent to such date.
(c) The extent to which there have been significant changes in the assumptions, policies and objectives formed; and the basis for the Master Plan and development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation and changes in state, county and borough policies and objectives.
(d) The specific changes recommended for the Master Plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be prepared.
(2) The absence of the adoption by the Planning Board of a reexamination report pursuant to N.J.S.A. 40:55D-89 shall constitute a rebuttable presumption that the borough development regulations are no longer reasonable.
S. [Added 11-13-1995 by Ord. No. 708] The Planning Board shall have the power to approve planned developments in order to encourage and promote flexibility and economy in layout and design in accordance with this chapter and pursuant to the provisions of N.J.S.A. 40:55D-39 and to grant approvals to general development plans consistent with the provisions of N.J.S.A. 40:55D-45. Prior to granting approval to any planned development, the Planning Board shall find the following facts and conclusions:
(1) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-65c.
(2) That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.
(3) That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(4) That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5) In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
A. Establishment. The Zoning Board of Adjustment presently in existence pursuant to N.J.S.A. 40:55D-69 is hereby continued to consist of seven (7) regular members and two (2) alternate members who shall be residents of the borough and appointed by the Mayor with the advice and consent of the Council. [Amended 12-10-1990 by Ord. No. 617]
B. Terms. The members of the Board of Adjustment shall continue until their respective terms expire. Thereafter, the term of each member shall be four (4) years from January 1 of the year of his appointment. The terms of members first appointed under this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four (4) years after their appointment and, in the case of alternate members, evenly over the first two (2) years after their appointment, provided that the initial term of no regular member shall exceed four (4) years and that the-initial term of no alternate member shall exceed two (2) years. Thereafter, the term of each regular member shall be four (4) years, and the term of each alternate member shall be two (2) years.
C. Alternates. [Amended 12-10-1990 by Ord. No. 617]
(1) The Mayor, with the advice and consent of the Council, shall appoint two (2) alternate members, who shall be designated at the time of their appointment as "Alternate No. 1" and Alternate No.
2. Alternate members shall meet the same qualifications as regular members.
(2) Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
D. Conflicts. No member of the Board of Adjustment shall be permitted to act on any matter in which he/she has, either directly or indirectly, any personal or financial interest. No member may hold elective office or position under the municipality.
E. Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only, as here and above provided.
F. Removal. A member may, after public hearing if he/she requests it, be removed by the Borough Council for cause.
G. Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall select a Secretary who may or may not be a Board member or another municipal employee.
H. Board of Adjustment Attorney. There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint and fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Borough Attorney.
I. Expenses, experts and staff. The Borough Council shall make provision in its budget and appropriate funds for the expense& of the Board of Adjustment. The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.
J. Rules and regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.
K. Powers of the Zoning Board of Adjustment.
(1) The Board of Adjustment shall have the power to:
(a) Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the provisions of this chapter adopted pursuant to N.J.S.A. 40:55D-62 through 40:55D-68.
[1] Appeals to the Board of Adjustment may be taken within the twenty (20) days prescribed by N.J.S.A. 40:55D-72 by filing a notice of appeal with the officer from whom the appeal was taken, together with three (3) copies of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken. A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.
[2] An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
[3] The Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq. reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made and, to that end, have all the powers of the administrative officer from whom the appeal was taken.
(b) Hear and decide requests for interpretation of the Zoning Map or zoning provisions of this chapter adopted pursuant to N.J.S.A. 40:55D-62 through 40:55D-68 or for decisions upon other special questions upon which such Board is authorized by this chapter to pass.
(c) [Amended 12-13-1993 by Ord. No. 670] Grant, upon an application or an appeal, relief from regulations pursuant to N.J.S.A. 40:55D-62 through 40:55D-68, except those departures enumerated in Subsection K(l)(d) below (N.J.S.A. 40:55D-70d) or where the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for a variance pursuant to N.J.S.A. 40:55D-47a, where:
[1] The strict application of such regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of a property for any of the following reasons:
[a] By reason of exceptional narrowness, shallowness or shape of a specific piece of property;
[b] By reason or exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or
[c] By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon; or
[2] The purposes of N.J.S.A. 40:55D-1 et seq. would be advanced by a deviation from the requirements of this chapter, and the benefits of the deviation would substantially outweigh any detriment.
(d) Variance. [Amended 12-13-1993 by Ord. No. 6701
[1] Grant, upon an application or an appeal, particular cases and for special reasons, by affirmative vote of at least five (5) members, a variance to allow departures from regulations pursuant to N.J.S.A. 40:55D-62 through 40:55D- 68 to permit the following:
[a] A use or principal structure in a district restricted against such use or principal structure.
[b] An expansion of a nonconforming use.
[c] Deviation from a specification or standard pertaining solely to a conditional use pursuant to Article IX of this chapter.
[d] An increase in the permitted floor area ratio as defined in § 94-2.3 of this chapter and N.J.S.A. 40:55D-4.
[e] An increase in the permitted density as defined in § 94-2.3 of this chapter and N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one- or two dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision.
[f] A height of a principal structure which exceeds by ten (10) feet or ten percent (10%) the maximum height permitted in the district for a principal structure.
[2] If an application for development requests one (1) or more variances, but not a variance for a purpose enumerated in Subsection K(l)(d)[1][a] through [f] of this section, the decision on the requested variance or variances shall be rendered under Subsection K(1(c) of this section.
[3] No variance or other relief may be granted under the terms of N.J.S.A. 40:55D-70d unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter. An application under this section may be referred to any appropriate person or agency, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.
(2) The Board of Adjustment shall ha ve the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through 40:55D-59 or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D- 70d. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to the aforesaid Subsection d of N.J.S.A. 40:55D-70 [§ 94-3.2K(l)(d) above] shall not be required.
(3) The Board of Adjustment shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved on the Official Map. The Board of Adjustment shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant this chapter and to N.J.S.A. 40:55D-60b. [Amended 12-13-1993 by Ord. No. 670]
(4) The Board of Adjustment shall have the power to direct issuance of a permit pursuant N.J.S.A. 40:55D-36 for a building or structure not related to a street. The Board of Adjustment shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60c. [Amended 12-13-1993 by Ord. No. 670]
L. Referral. Any application to the Zoning Board of Adjustment may be referred by the Zoning Board to any appropriate person or agency, including the Planning Board, Shade Thee Commission and the Environmental Commission, for consideration and report; provided, however, that such reference shall not exceed the time within which the Zoning Board of Adjustment is required to act.
(1) If such reports are not received by the Zoning Board of Adjustment within forty-five (45) days from the date or dates of such references, the Zoning Board of Adjustment may proceed to act without further delay and without reference to such reports, should they be received after the expiration of such forty-five-day period.
(2) When such a report is received from the Planning Board within forty-five (45) days, the Zoning Board of Adjustment shall take no action inconsistent therewith except by the affirmative vote of a majority of the fully authorized membership of the Zoning Board of Adjustment.
(3) The report of the Shade Tree Commission, Environmental Commission or any other person or agency shall be advisory only.
M. Expiration of variance. Any variance hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such development has actually been commenced within twelve (12) months from the date of publication of the notice of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided 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. The Board of Adjustment may, for good cause, extend the time period for a period not to exceed six (6) months. In no case shall the Board grant more than two (2) such extensions. Where subdivision or site plan approval is required, the period of time for commencement of the development specified by the Board of Adjustment shall be the same as the period of time for which other rights are conferred upon the applicant by such subdivision or site plan approval pursuant to the provisions of this chapter.
N. Appeals of use variances. An appeal from the granting of a use variance under N.J.S.A. 40:55D-70d N 94-3.2 K(1)(d) of this chapter] by the Board of Adjustment shall be taken to a court of competent jurisdiction (New Jersey Superior Court), provided that such appeal shall be made within forty-five (45) days of the date of publication of such final decision of the municipal agency. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17. [Amended 6-22-1989 by Ord. No. 590]
O. Annual report on applications and appeals. The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning regulation and map amendment or revision, if any. The Board of Adjustment shall send copies of the report and resolution to the Borough Council and Planning Board.
P. Lack of quorum. If the Zoning Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Zoning Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice. [Added 12-13-1993 by Ord. No. 670]
