A.
A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven residents
of the Borough of Park Ridge, appointed by the Mayor with the advice
and consent of the Council for terms of four years running from January
1 of the year of their appointment. The terms of the members first
appointed pursuant to this chapter shall be so determined that to
the greatest practicable extent the expiration of such terms shall
be distributed evenly over the first four years after their appointment,
provided that the initial term of no member shall exceed four years.
Thereafter, the term of each member shall be for four years. Nothing
herein contained, however, shall be construed to affect the terms
of any present members of the Zoning Board of Adjustment, all of whom
shall continue in office until the completion of the terms for which
they were appointed.
B.
No member of the Zoning Board of Adjustment may hold
any elective office or position under the municipality.
C.
A member may, after public hearing if he requests
it, be removed by the governing body for cause.
D.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
E.
Alternate members.
[Added 11-13-1978 by Ord. No. 78-19]
(1)
In addition to the members appointed pursuant to Subsection A of this section, who shall be known as the regular members of the Board, there shall be appointed two alternate members.
(2)
Alternate members shall be appointed by the Mayor
with the advice and consent of the Council for terms of two years
each; provided, however, that if the alternate members shall be appointed
prior to January 1, 1979, the terms of both alternate members first
appointed hereunder shall expire on December 31, 1978. Thereafter,
the term of one alternate member appointed in 1979 shall be one year
from January 1, 1979, and the term of the other alternate member appointed
in 1979 shall be two years from January 1, 1979. Thereafter, the term
of every alternate member shall be two years, running from January
1 of the year of his appointment.
(3)
Alternate members shall be designated at the time
of their appointment as "Alternate No. 1" and "Alternate No. 2."
(4)
Alternate members shall serve in rotation during the
absence or disqualification of any regular member.
(5)
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.
A.
The Zoning Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall also select a Secretary,
who may or may not be a Board member or another municipal employee.
B.
The Zoning Board of Adjustment may employ or contract
for and fix the compensation of legal counsel, other than the Borough
Attorney, and experts and other staff and services as it shall deem
necessary, not exceeding, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
The Zoning Board of Adjustment shall adopt such
rules and regulations as may be necessary to carry into effect the
provisions and purposes of this chapter.
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, which shall include the following:
(1)
To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 101, Zoning.
(2)
To hear and decide requests for interpretation of
the Zoning Map or Zoning Ordinance, or for decisions upon other special
questions upon which such Board is authorized by the Zoning Ordinance
to pass.
(3)
Where by reason of exceptional narrowness, shallowness
or shape of a specific piece of property or by reason of exceptional
topographic conditions or by reason of other extraordinary and exceptional
situation or condition of such piece of property the strict application
of any regulation pursuant to Article 8 of this Act[1] 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, including a variance for a
conditional use; provided, however, that no variance shall be granted
under this subsection to allow a structure or use in a district restricted
against such structure or use, 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 shall review a request for a variance pursuant to Section 47a
of P.L. 1975, c. 291.[2]
[Amended 8-12-1980 by Ord. No. 80-9]
(4)
In particular cases and for special reasons, grant
a variance to allow departure from regulations pursuant to Article
8 of P.L. 1975, c. 291, including but not limited to allowing a structure
or use in a district restricted against such structure or use, but
only by affirmative vote of at least five members in the case of a
municipal board, or 2/3 of the full authorized membership in the case
of a regional board pursuant to Article 10 of this Act.[3]
[Amended 8-12-1980 by Ord. No. 80-9]
[3]
Editor's Note: "This Act" refers to the Municipal
Land Use Law. (See N.J.S.A. 40:55D-1 et seq.)
B.
No variance or other relief may be granted under the provisions 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 Chapter 101, Zoning. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
A.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 74-16 of this article, have the 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 Board of Adjustment shall have the power to grant
to the same extent and subject to the same restrictions as the Planning
Board subdivision or site plan approval pursuant to Article 6 of P.L.
1975, c. 291, or conditional use approval pursuant to Section 54 of
P.L. 1975, c. 291,[1] whenever the proposed development requires approval by
the Board of Adjustment of a variance pursuant to Subsection d of
Section 57 of P.L. 1975, c. 291.[2] The developer may elect to submit a separate application requesting approval of the variance and 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 granting of all required subsequent approvals by the 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 Chapter 101, Zoning. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this Act[3] for the approval in question, and the special vote pursuant
to the aforesaid Subsection d of Section 57 shall not be required.
[Amended 8-12-1980 by Ord. No. 80-9]
A.
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an Administrative Officer of the municipality based on or made in the enforcement of Chapter 101, Zoning, or Official Map. Such appeal shall be taken within 20 days by filing the original and three copies of the notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
[Amended 8-12-1980 by Ord. No. 80-9]
B.
Applications addressed to the original jurisdiction
of the Board of Adjustment without any prior application to an administrative
official shall be filed with the Administrative Officer. Three 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 the 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 Administrative Officer. The Administrative
Officer 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 official 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 cases, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Adjustment or by the Superior
Court of New Jersey an application or notice to the officer from whom
the appeal is taken and on due cause shown.
In exercising the above-mentioned powers, the
Board of Adjustment may, in conformity with the provisions of P.L.
1975, c. 291, 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 other requirement,
decision or determination as ought to be made, and to that end have
all the powers of the administrative official from whom the appeal
was taken.
Any variance from the terms of this chapter
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 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 publication of the
notice 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 proceeding. In the case of variances granted in
connection with subdivisions, the time limits governing said subdivisions
shall govern, rather than the aforesaid.
A.
The Board of Adjustment shall render its decision
no later than 120 days after the date an appeal is taken from the
decision of an administrative official or no later than 120 days after
the date of 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.
C.
Whenever an application for development requests relief pursuant to Subsection B of this section, the 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 be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided by law. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it 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 the purposes of filing subdivision plats.
[Added 8-12-1980 by Ord. No. 80-9]
[Added 10-26-2021 by Ord.
No. 2021-024]
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GENERAL REQUIREMENTS
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[ ] One original and 14 fully executed application forms.*
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[ ] One original signed and sealed copy of all plans and 14
copies.*
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[ ] One original current (within 5 years) survey and 14 copies.*
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[ ] Fifteen copies of the Zoning Officer denial form.*
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[ ] Payment in full (with separate checks) of all application
and escrow fees.
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[ ] One certificate from the Tax Collector stating all taxes
are paid up to date.
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[ ] One certification of applicant (must be notarized).
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[ ] One owners affidavit (must be notarized).
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*
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Additional copies may be required.
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C VARIANCE
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[ ] Title block containing name of applicant and owner, preparer,
lot and block numbers and date prepared.
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[ ] Space for signatures of Chairman and Board Secretary.
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[ ] Scale of map both written and graphic.
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[ ] North arrow.
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[ ] Zoning district in which parcel is located complete with
all zone criteria.
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[ ] Location of existing buildings and structures, including
fences and retaining walls.
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[ ] All existing and proposed impervious surfaces are to be
shown.
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[ ] Location of existing and proposed easements or rights-of-way.
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[ ] Landscape plan and lighting plan.
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[ ] List of requested variances and waivers from any requirements,
together with a statement of reasons why same should be granted (if
applicable).
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[ ] Proposed stormwater management measures (if applicable).
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D VARIANCE
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[ ] Title block containing name of applicant and owner, preparer,
lot and block numbers and date prepared.
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[ ] Space for signatures of Chairman and Board Secretary.
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[ ] Scale of map.
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[ ] North arrow.
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[ ] Zoning district in which parcel is located complete with
all zone criteria.
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[ ] Location of existing buildings and structures, including
fences and retaining walls.
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[ ] All existing and proposed impervious surfaces are to be
shown.
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[ ] Location of existing easements and proposed or rights-of-way.
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[ ] Landscape plan and lighting plan.
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[ ] List of requested variances and waivers from any requirements,
together with a statement of reasons why same should be granted (if
applicable).
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[ ] Proposed stormwater management measures (if applicable).
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[ ] Existing and proposed contours to determine the natural
drainage of the land.
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[ ] A general description of the proposed development and a
brief assessment of its effect on the site, adjacent properties and
the neighborhood. Including but not limited to effects upon the natural
environment, land use patterns, traffic and circulation, visual factors,
utilities and drainage.
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