(A) Appeals and applications.
(1) Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Administrative Officer of the Township based on or made in the enforcement of the zoning provisions of this chapter or the official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the Administrative Officer, specifying the grounds of such appeal. The Administrative Officer shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) A applicant may file an application for development with the Zoning Board of Adjustment for action under any of its powers without prior application to the Administrative Officer.
(B) Time for decision.
(1) The Zoning Board of Adjustment shall render a decision not later than 120 days after the date:
(a) An appeal is taken from the decision of the Administrative Officer, or
(b) The submission of a complete application for development to the Zoning Board of Adjustment.
(2) Failure of the Zoning Board of Adjustment to render a decision within the prescribed time period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant. If an applicant elects to submit separate consecutive applications for "d" variance approval and site plan, subdivision or conditional use approval, the 120 day time period for action shall apply to the application for approval of the "d" variance, and the time period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.
(C) Effect of approval. The rights granted to an applicant upon approval of variances shall be effective
from the date of approval for a period of one year, unless the applicant has commenced such use within such one year period. Rights granted shall expire upon the expiration of such one year period in the event the applicant has not commenced such use, or upon the abandonment of the variance.
(D) Modification of appeal. The Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the Administrative Officer from whom the appeal is taken.
(E) Stay of proceedings by appeal; exception. 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 Administrative Officer certifies to the Board, after the notice of appeal has 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 case, proceedings shall not be stayed other than by order of the Superior Court upon notice to the Administrative Officer and on due cause shown.
(Ord. 945-99, passed 9-13-99)