[Amended 5-1-1979 by Ord. No. 0-79-7; 6-9-1980 by Ord. No.
0-80-6]
A.
A Zoning Board of Adjustment is hereby created consisting
of seven regular members and two alternate members, each of whom shall
be appointed by the governing body. The members of the heretofore-created
Zoning Board of Adjustment are hereby reappointed to serve their respective
terms. The terms of all new members 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 years after their appointments and, in
the case of alternate members, evenly over the first two years after
their appointments; provided, however, that the initial term of no
regular member shall exceed four years, and that the initial term
of no alternate member shall exceed two years. Thereafter, the term
of each regular member shall be four years, and the term of each alternate
member shall be two years.
B.
Alternate members shall be designated at the time
of their appointment as "Alternate No. 1" and "Alternate No. 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.
C.
No member of the Zoning Board of Adjustment shall
hold an elective office or position under the municipality.
D.
Any vacancy on said Board occurring other than by
expiration of term shall be filled by appointment by the governing
body of the municipality to serve for the unexpired term of the member
whose term shall become vacant. A member may be removed by the governing
body for cause, but only after public hearing and other requested
procedural due process protection.
E.
Yearly, the Zoning Board of Adjustment shall organize
by selecting from among its regular members a Chairman and a Vice
Chairman. The Board shall also select a Secretary who may or may not
be a member of the Board or a municipal employee.
F.
The governing body shall make provisions in its budget
and appropriate funds for the expenses of the Zoning Board of Adjustment.
G.
The office of Zoning Board of Adjustment Attorney
is hereby created. The Board of Adjustment may annually appoint to
such office and fix the compensation or the rate of compensation of
an attorney at law of New Jersey other than the Municipal Attorney.
H.
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, however, shall not
authorize expenditures which exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
[1]
Editor's Note: Former § 20-13, Organization
of Board, § 20-14, Board of Adjustment Attorney, § 20-15,
Experts and staff, were deleted 6-9-1980 by Ord. No. 0-80-6.
The 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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A.
The powers of the Zoning Board of Adjustment shall
be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and
supplements thereto, and with the provisions of this chapter.
B.
It is further the intent of this chapter to confer
upon the Zoning Board of Adjustment as full and complete powers as
may lawfully be conferred upon such Board, including, not by way of
limitation, the authority, in connection with any case action or proceeding
before the Board, to interpret and construe the provisions of this
chapter or any term, clause, sentence or word hereof and the Zoning
Map in accordance with the general rules of construction applicable
to legislative enactments.
C.
The Board may, in appropriate cases and subject to
appropriate conditions and safeguards, grant variances from the terms
of this chapter in accordance with the general or specific rules hereby
laid down that equity shall be done in cases where the strict construction
of the provisions of this chapter would work undue hardship. The powers
and duties of the Board shall in all cases follow the provisions applicable
to it in said P.L. 1975, c. 291,[1] or subsequent statutes in such case made and provided,
and it shall from time to time furnish to any person requesting the
same a copy of its rules and information as to how appeals or applications
may properly be filed with the Board for its decision thereon.
[1]
Editor's Note: See N.J.S.A. 40:50D-1 et seq.
A.
Appeals to the Board of Adjustment may be taken by
any person aggrieved or by an officer, department, board or bureau
of the municipality affected by any decision of the administrative
officer. Each appeal shall be taken within the 65 days prescribed
by the statute by filing a notice of appeal with the officer from
whom the appeal is taken, together with 14 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 forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
B.
Applications addressed to the original jurisdiction
of the Board of Adjustment without prior application to an administrative
officer shall be filed with the Secretary of the Zoning Board of Adjustment.
Fourteen copies of the application shall be filed. At the time of
filing the appeal or application but in no event less than 10 days
prior to the date set for hearing, the applicant shall also file all
plot plans, maps or other papers required by virtue of any provision
of this chapter or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the Secretary of the Zoning
Board of Adjustment. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board.
C.
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 case, proceedings shall not be stayed otherwise than by a restraining
order which may be granted 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.
In exercising the above-mentioned power, the
Board of Adjustment may, in conformity with the provisions of P.L.
1975, c. 291,[1] or amendments thereto or subsequent statutes applying,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from, and make such order, 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 seq.
Any variance front the terms of any ordinance
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 permitted use
has actually been commenced within 12 months from the date of entry
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 the governing body or to a court of
competent jurisdiction until the termination in any manner of such
appeal or proceedings.
A.
The Board of Adjustment shall have the power to:
(2)
Hear and decide requests for interpretation of the
Zoning Map or ordinance or for decisions upon other special questions
upon which such Board is authorized to pass by any zoning or official
map ordinance.
(3)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; or wherein an application or appeal relating to a specific piece of property, the purposes of this chapter set forth in section § 101-2B and the Municipal Land Use and Development Law (N.J.S.A. 40:55D-1 et seq.) would be advanced by deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow the departure from zoning regulations; provided, however, that no variance from those departures enumerated in Subsection A(4) shall be granted under this subsection; and provided, further, that the proposed development does not require 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 § 20-7G.
(4)
Grant a variance to allow departure from zoning regulations
in particular cases and for special reasons to permit:
(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;
(e)
An increase in the permitted density as defined in § 101-1 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. A variance under this subsection shall be granted only by the affirmative vote of at least five members.
B.
No variance or other relief may be granted under the
terms of this section 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
Zoning Ordinance.
[1]
Editor's Note: Section 18 of this ordinance
provided as follows: "Any application for development submitted before
July 1, 1984, to a municipal agency pursuant to lawful authority may
be continued at the option of the applicant, and the municipal agency
shall have every power it possessed before July 1, 1984, in regard
to any such application."
A.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 20-21 of this article, have power given by law to:
(1)
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
drainageway, flood control basin or public area reserved on the Official
Map.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
B.
The Zoning Board of Adjustment shall have the power
to grant, to the same extent and subject to the same restrictions
as the Planning Board, subdivision, site plan or conditional use approval
whenever the proposed development requires approval by the Zoning
Board of Adjustment of a variance pursuant to this chapter. The developer
may elect to submit 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 Zoning 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 the zoning provisions
of this chapter. The number of votes of Board members required to
grant any such subsequent approval shall be as otherwise provided
in this chapter for the approval in question, and the special vote
pursuant to this chapter shall not be required.
[Amended 6-9-1980 by Ord. No. 0-80-6]
C.
Whenever the proposed development requires approval
of a subdivision, site plan or conditional use, but not a use variance,
the Planning Board, in lieu of the Board of Adjustment and to the
same extent and subject to the same restrictions as such Board, shall
receive, review and act upon applications for hardship variances and
applications for special permits. The developer may elect to submit
a separate application requesting approval of the hardship variance
or special permit and subsequent application for any required approval
of a subdivision, site plan or conditional use. The separate approval
of the hardship variance or special permit shall be conditioned upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the 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.
[Added 9-24-1984 by Ord. No. 0-84-14[1]]
[1]
Editor's Note: Section 18 of this ordinance
provided as follows: "Any application or development submitted before
July 1, 1994, to a municipal agency pursuant to lawful authority may
be continued at the option of the applicant, and the municipal agency
shall have every power it possessed before July 1, 1984, in regard
to any such application."
A.
The Board of Adjustment shall render its decision
not later than 120 days after the date an appeal is taken from the
decision of an administrative officer or after the submission of a
complete application for development to the Board pursuant to the
provisions of N.J.S.A. 40:55D-70b).
B.
Failure of the Board 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.
