[Amended 7-27-1998 by Ord. No. 574; 11-28-2005 by Ord. No. 710]

Pursuant to N.J.S.A. 40:55D-1 et sec., there is hereby established a Planning Board consisting of nine members and four alternate members. The membership, terms, organization, powers, function and operation of the Board shall be subject to all applicable provisions of said statute. The Planning Board shall exercise all of the powers and duties of the Zoning Board of Adjustment.

[Amended 11-28-2005 by Ord. No. 710]

A. Findings. The Zoning Board of Adjustment was created by ordinance pursuant to the terms of N.J.S.A. 40:55D-69. This aforementioned statute mandates the creation of a Zoning Board of Adjustment upon the adoption of a zoning ordinance unless the municipality is eligible for, and exercises, the option of creating a nine-member Planning Board to exercise all of the powers and duties of the Board of Adjustment as provided by N.J.S.A. 40:55D-25c(1). The Township meets the criteria established in N.J.S.A. 40:55D-25c(1) and has determined that it is in the public's best interest to abolish the Zoning Board of Adjustment and allow the Planning Board to exercise its powers and duties.

B. Abolishment of Zoning Board of Adjustment; discharge of members.

(1) The Zoning Board of Adjustment is hereby abolished and all of the powers and duties granted by law to the Board are hereby transferred to the Planning Board pursuant to the authority established in N. J. S. A. 40:55D-25c(1).

(2) All members, officers and employees of the Zoning Board of Adjustment as of the effective date of this section shall be discharged from their positions, offices or employment.

C. Reference to Board of Adjustment. All references to Board of Adjustment contained in this Chapter 102 shall be deemed to refer to the Planning Board.

[Added 7-27-1998 by Ord. No. 574]

Any variance granted by the Zoning 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 permitted use has actually been commenced, within one year from the date of entry of the determination of the Zoning Board of Adjustment; provided, however, that the running of the period of limitation hereby established shall be tolled from the date of the filing of an appeal from the decision of the Zoning Board of Adjustment to the Township Committee or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.

A. Every municipal agency shall adopt rules and regulations relating to the administration of its functions consistent with the provisions of N.J.S.A. 40:55D-1 et sec., and said provisions shall govern the scheduling and conduct of meetings and hearings, notices of hearings and the filing of ordinances.

B. Any interested party desiring to appeal any final decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d shall proceed in accordance with the provisions of N.J.S.A. 40:55D-17. [Amended 7-27-1998 by Ord. No. 574]