Any person who has submitted an application for a variance and who desires to commence or continue operation pending the decision of the Hearing Board on the application, may submit an application for an interim variance.

The Chairman of the Hearing Board or any other member of the Hearing Board so designated by the Hearing Board, may hear the application for an interim variance. If any member of the public contests a decision made by any one member of the Hearing Board, the application shall be reheard by the full Hearing Board within 10 days of this decision.

  1. An interim variance may be granted for good causes stated in the order granting such a variance.
  2. The interim variance shall not be valid beyond the date of the decision of the Hearing Board on the application or for more than 90 days from the date of issuance of the interim variance, whichever comes first.
  3. The Hearing board shall not grant any interim variance:
  1. After it has held a hearing in compliance with the requirements of Rule 5:10, or
  2. Which is being sought to avoid the notice of hearing requirements of Rule 5:10.