A. General time limit.
(1) The Zoning Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of the Zoning Officer or other administrative officer or the submission of a complete application for development to the Zoning Board of Adjustment pursuant to the provisions of § 175-40B of this chapter. [See N.J.S.A. 40:55D-72b.]
(2) Failure of the Zoning Board of Adjustment to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
B. Applications for development.
(1) Whenever an application for development requests relief pursuant to § 175-29B, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may he consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid time period shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. (See N.J.S.A. 40:55D-1 et seq.)
(2) Failure of the Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Board Secretary as to the failure of the Zoning Board of Adjustment to act shall be issued on request of the applicant. Said certificate 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.
C. Whenever review or approval by the County Planning Board of the application is required in the case of a subdivision (N.J.S.A. 40:27-6.3) or in the case of a site plan (N.J.S.A. 40:27-6.6), the Zoning Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or by its failure to report thereon within the required time.
D. Local approvals granted as a result of the approving authority's failure to act within the prescribed time period shall not become effective until the requirements of § 175-40D and E are met.
E. An application to the Zoning Board of Adjustment made in accordance with the powers delegated to said Board in accordance with this chapter may be referred to any appropriate person or agency for its report in addition to the referral of all such applications to the Planning Board. Such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act. The Zoning Board of Adjustment shall set a deadline of not less than 100 days for receipt of a report from the person or agency referred to and from the Planning Board. The Zoning Board of Adjustment shall take no action on the application until either receipt of requested report or the expiration of the aforementioned time period.
(1) Should the Zoning Board of Adjustment decide not to follow the recommendation of the Planning Board, it may do so only by a majority vote of its full authorized membership, and it shall set forth the reason for its decision in writing as part of its deciding resolution.
(2) Copies of said deciding resolution shall be sent to all referral agencies, boards or persons.
F. An appeal to the Zoning Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Zoning Officer, from whose action the appeal is taken, certifies to the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in his certification a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
G. Inquiries as to whether a proposed land use is permissible under the Zoning Ordinance or Official Zoning Map shall be submitted in writing to the Board of Adjustment, which shall issue a written response within 45 days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.
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