[Ord. No. 3158, 7-26-1988, §§ 2-17.1,
2-17.2]
(a)
There is hereby established, pursuant to N.J.S.A. 40:55D-69, a Zoning
Board of Adjustment which shall consist of seven members and four
alternate members, composed of and appointed as set forth herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
Eligibility and appointment. Members of the Zoning Board of Adjustment
shall be residents of the Township; all members shall be appointed
by the Council. No member of the Zoning Board of Adjustment may hold
any elective office or position in the Township.
[Ord. No. 3158, 7-26-1988, § 2-17.3]
Members of the Zoning Board of Adjustment shall be appointed
to serve for a term of four years. The terms of the members first
appointed under this article 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 any member shall not exceed four years. Thereafter,
the term of each member shall be four years.
[Ord. No. 3158, 7-26-1988, § 2-17.4; amended
by Ord. No. 3174, 10-25-1988, § 4; Ord. No. 29-2015, 9-8-2015]
Four alternate members shall be appointed by the Council to
serve for a term of two years; provided, however, that the initial
terms of such alternate members shall be distributed evenly over the
first two years after their appointment, provided that the initial
term of no alternate member shall exceed two years. Such alternate
members shall be designated by the Council as Alternate No. 1, Alternate
No. 2, Alternate No. 3 and Alternate No. 4 and shall serve during
the absence or disqualification of any regular member or members.
Alternate members may participate in all matters but may not vote
except in the absence or disqualification of a regular member. Participation
of alternate members shall not be deemed to increase the size of the
Zoning Board of Adjustment established by ordinance. 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 members shall vote in
the order of their numerical designations.
[Ord. No. 3158, 7-26-1988, § 2-17.5]
A vacancy occurring other than by expiration of term shall be
filled by appointment of the Council for the unexpired term.
[Ord. No. 3158, 7-26-1988, § 2-17.6; amended
by Ord. No. 3950, 3-18-2003, § 2]
The Zoning Board of Adjustment shall elect a Chairperson and
Vice Chairperson from its members and shall select a Secretary who
may or may not be a Board member or a municipal employee and shall
create and fill such other offices as are established by ordinance,
including the office of the Clerk of the Zoning Board of Adjustment
hereby created by the Charter and which Clerk shall be a full-time
or part-time employee of the Township of Teaneck, who, as determined
by the Municipal Manager, shall be assigned as an employee whose sole
duty shall be to act as Clerk of the Zoning Board of Adjustment. The
Zoning Board of Adjustment may also employ, or contract for, and fix
the compensation of legal counsel, other than the Township Attorney,
and experts and other staff and services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the Council for its use.
[Ord. No. 3158, 7-26-1988, § 2-17.7; amended
by Ord. No. 3174, 10-25-1988, § 5]
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 article. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of N.J.S.A. 2A:67A-1 et seq.
shall apply. The Zoning Board of Adjustment shall have the powers
prescribed by N.J.S.A. 40:55D-69 et seq., and any amendments and supplements
thereto, and by the provisions of this article, to:
(b)
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
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 regulation
pursuant to N.J.S.A. 40:55D-62 et seq. 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;
and where, in an application or appeal relating to a specific piece
of property, the purposes of the Municipal Land Use Law[2] would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq.; provided, however, that no variance from those departures enumerated in Subsection (d) below 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 N.J.S.A. 40:55D-60.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(d)
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least 2/3 of the full
authorized membership of the Board.
(e)
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 Zoning Ordinance.
Any application under any subsection of this section may be referred
to any appropriate agency or person, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Ord. No. 3158, 7-26-1988, § 2-17.8]
(a)
It it the intent of this article to confer upon the Zoning Board
of Adjustment as full and complete powers as may lawfully be conferred
upon such Board, including but not limited to the authority, in connection
with any case, action or proceeding before the Board, to interpret
and construe the provisions of the Zoning Ordinance[1] or any term, clause, sentence or word thereof and the
Zoning Map, in accordance with general rules of construction, applicable
to legislative enactments.
(b)
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of the Zoning Ordinance
in accordance with the general or specific rules contained herein
and with the general rules hereby laid down, that equity shall be
done in cases where the strict construction of the provisions of the
Zoning Ordinance would work undue hardship. The powers and duties
of the Board having been delegated to and imposed upon it by statute,
the Board shall in all cases follow the provisions applicable to it
in N.J.S.A. 40:55D-1 et seq., or subsequent statutes in such cases
made and provided, and it shall, from time to time, furnish to any
person upon request a copy of its rules and information as to how
appeals or applications may properly be filed with the Board for its
decision thereon.
(c)
In the exercise of its powers, the Board may, in conformity with
the provisions of N.J.S.A. 40:55D-1 et seq., or amendments thereto
or subsequent statutes applying, reverse or affirm, wholly or partly,
or 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, the Board shall have all the powers
of the administrative officer from whom the appeal was taken.
(d)
The Board may 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.
(e)
The Board may direct issuance of a permit, pursuant to N.J.S.A. 40:55D-36,
for a building or structure not related to a street.
(f)
The Board 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 N.J.S.A. 40:55D-1 et seq., or conditional use approval, pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a use variance pursuant to this article.
[Ord. No. 3158, 7-26-1988, § 2-17.9; amended
by Ord. No. 3174, 10-25-1988, § 6]
(a)
Right to appeal; notice. Appeals to the Zoning Board of Adjustment
may be taken by any person aggrieved or by any officer, department,
board or bureau of the Township affected by any decision of an administrative
officer of the Township based upon or made in the enforcement of the
Zoning Ordinance or Official Map. Such appeal shall be taken within
20 days, as prescribed by the statutes, by filing a notice of appeal
with the officer from whom the appeal is taken and with the Secretary
of the Zoning Board of Adjustment. Said notice of appeal shall specify
the grounds for the 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 is taken.
(b)
Filing; documents required. Applications addressed to the original
jurisdiction of the Zoning Board of Adjustment, without prior application
to an administrative officer, shall be filed with the Clerk of the
Zoning Board of Adjustment. At the time of the filing of the appeal
or application, but in no event less than 10 days prior to the date
set for hearing, the applicant shall file with the Clerk of the Zoning
Board of Adjustment 10 copies of all plot plans, maps or other papers
required by virtue of any provision of this article or rule of the
Zoning Board of Adjustment. The Clerk 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)
Effect. An appeal stays all proceedings in furtherance of the action
in respect to which the decision appealed from was made, unless the
officer from whose action the appeal is taken certifies to the Zoning
Board of Adjustment after the notice of appeal is filed with him that,
by reason of facts stated in the certificate, a stay would, in his
opinion, cause immediate peril to life or property. In such case,
proceedings shall not be stayed otherwise than by an order of the
Superior Court of the state, upon notice to the officer from whom
the appeal is taken and on due cause shown.
[Ord. No. 3158, 7-26-1988, § 2-17.10]
[Ord. No. 3158, 7-26-1988, § 2-17.11]
Any variance granted by the Zoning Board of Adjustment, pursuant
to this article, 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 or unless such permitted use has actually
been commenced within one year of the date of publication of the notice
of the judgment or determination of the Zoning Board of Adjustment,
except, however, that the running of the period of limitation herein
provided shall be stayed from the date of filing an appeal from the
decision of the Zoning Board of Adjustment to the Council or to a
court of competent jurisdiction until the termination in any manner
of such appeal.
[Ord. No. 3158, 7-26-1988, § 2-17A; amended
by Ord. No. 3174, 10-25-1988, §§ 7, 8; Ord. No. 3523, 12-2-1997, § 1]
(a)
Conflicts. No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he has, either directly or indirectly,
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter, nor
participate in any discussion or decision relating thereto. The Township
Code of Ethics contained in the Charter is specifically applicable
herein.
(b)
Meetings. Meetings of both the Planning Board and the Zoning Board
of Adjustment shall be scheduled no less often than once a month,
and any meeting so scheduled shall be held as scheduled unless canceled
for lack of applications for development to process.
(c)
Special meetings. Special meetings may be provided for at the call
of the Chairperson or on the request of any two Board members and
shall be held on notice to the Board members and the public in accordance
with applicable statutes.
(d)
Quorum needed. No action shall be taken at any meeting without a
quorum being present. A "quorum" shall be defined as a majority of
the regular appointed members of the Board. If the Planning Board
lacks a quorum because any of its regular or alternate members is
prohibited by N.J.S.A. 40:55D-23 or 40:55D-23.1 from acting on a matter
due to the member's personal or financial interests therein, regular
members of the Zoning Board of Adjustment shall be called upon to
serve, for that matter only, as temporary members of the Planning
Board in order of seniority of continuous service to the Zoning Board
of Adjustment until there are the minimum number of members necessary
to constitute a quorum to act upon the matter without any personal
or financial interest therein, whether direct or indirect. If a choice
has to be made between regular members of equal seniority, the Chairperson
of the Zoning Board of Adjustment shall make the choice. If the Zoning
Board of Adjustment lacks a quorum because any of its regular or alternate
members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter
due to the member's personal or financial interest therein, Class
IV members of the Planning Board shall be called upon to serve, for
that matter only, as temporary members of the Zoning Board of Adjustment.
The Class IV members of the Planning Board shall be called upon to
serve in order of seniority of continuous service to the Planning
Board until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between Class IV members of equal seniority, the Chairperson
of the Planning Board shall make the choice.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(e)
Vote needed. All actions shall be taken by majority vote of a quorum,
except as otherwise required by any provision of N.J.S.A. 40:55D-1
et seq.
(f)
Public meetings. All regular meetings and all special meetings shall
be open to the public, and notice shall be given as required under
the Open Public Meetings Law.[1] By majority vote of each respective Board, a meeting or
part of a meeting may be closed to public participation, but the public
shall nevertheless be permitted to observe the proceedings.
[1]
Editor's Note: See N.J.S.A. 10:4-1 et seq.
(g)
Minutes. Minutes of every regular or special meeting shall be kept
and shall include the names of persons appearing and addressing the
Board and persons appearing by attorney; the action taken by the Board;
the findings, if any, made by it and the reasons therefor; and the
votes of all members. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the Township Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding
concerning the subject matter of such minutes. A fee may be charged
for the reproduction of the minutes, as provided in the rules of the
respective Boards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(h)
Fees. Fees for applications or for the rendering of any service by
the Planning Board or Zoning Board of Adjustment or by any member
of their administrative staffs, which are not otherwise provided by
ordinance, may be provided for and adopted as part of the rules of
the respective Boards, and copies of said rules or of the separate
fee schedule shall be available to the public.
(i)
Hearings.
(1)
Rules. The Planning Board and the Zoning Board of Adjustment
shall make rules governing the conduct of hearings and meetings before
such bodies, which rules shall not be inconsistent with the provisions
of N.J.S.A. 40:55D-1 et seq., or of this article, and shall be consistent
with the Rules of the Council set forth in the Charter.
(2)
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, Chapter 38 of Public Laws of 1953,[2] shall apply.
[2]
Editor's Note: See N.J.S.A. 2A:67A-1 et seq.
(3)
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if so represented,
or personally, if not represented, subject to the discretion of the
presiding officer and to reasonable limitations as to time and number
of witnesses.
(4)
Public participation.
[Amended by Ord. No. 9-2021, 3-16-2020]
a.
Applications before the Board. For matters on the agenda that
have a specific public comment period or require a public hearing,
including an application for development, adoption, revision or amendment
of the Master Plan, an application for approval of an outdoor advertising
sign submitted to the municipal agency as required pursuant to an
ordinance adopted under Subsection g of Section 29.1 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-39) or a review undertaken by a Planning Board
pursuant to Section 22 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-31),
the public shall be heard only via testimony or comment during the
specific applicable public testimony and comment periods.
b.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
At the conclusion of the applicant's presentation on an application
for development, interested parties may be heard and present evidence
and testimony subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
c.
Good and welfare. Each Board may permit the public to speak
for a reasonable time, not exceeding five minutes per person, only
on matters not on the agenda during a general public comment period.
To ensure the due process rights of those giving testimony pursuant
to Subsection (i)(4)b, and avoid the confusion of testimonial inclusion
of public comments, no application should be paused to commence good
and welfare without consent of the applicant and the Board for good
cause.
d.
Matters on the agenda that do not have a specific public comment
period. Each Board may permit the public to speak for a reasonable
time, not exceeding five minutes per person, on matters on the agenda
that do not otherwise have a specific public comment period during
a general public comment period. The Board may establish a reasonable
time limit for such public participation and should hold same during
such portion of the meeting reserved for good and welfare, so as not
to unduly interfere with public hearings on applications for development
or other matters requiring a public hearing.
(5)
Evidence. Technical rules of evidence shall not be applicable
to Board hearings, but the presiding officer may exclude irrelevant,
immaterial or unduly repetitious evidence.
(6)
Records. Each Board shall provide for the verbatim recording
of the proceedings by either stenographer, mechanical, or electronic
means. The Board shall furnish a transcript, or duplicate recording
in lieu thereof, on request to any interested party at the interested
party's expense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(7)
Notice. Whenever a hearing is held on an application for development,
or pursuant to the determination of the municipal agency in question,
the applicant shall give notice thereof as follows:
a.
Public notice shall be given by publication in the official
newspaper of the Township at least 10 days prior to the date of the
hearing.
b.
Notice shall be given to the owners of all real property located
within 200 feet in all directions of the property which is the subject
of such hearing, whether or not located within the Township. Such
notice shall be given by either serving a copy thereof on the owner,
as shown on the current tax rolls, or upon his agent in charge of
the property, or mailing a copy thereof, by certified mail, to the
property owner at his address as appears on the current tax rolls.
|
A return receipt is not required. Notice to a partnership owner
may be made by service upon any partner; notice to a corporate owner
may be made by service upon one of its officers or other person authorized
by appointment or by law to accept service on behalf of the corporation.
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c.
If the subject property is located within 200 feet of an adjoining
municipality, notice of hearing shall be given by personal service
or by certified mail to the Clerk of such municipality, which notice
shall be in addition to the notice given to the owners of lands in
such adjoining municipality pursuant to Subsection (i)(7)b above.
d.
If the subject property is located adjacent to an existing county
road or proposed road shown on the Official County Map or on the County
Master Plan or adjoins other county land or is situate within 200
feet of a municipal boundary, notice shall be given by personal service
or by certified mail to the County Planning Board of the county.
e.
If the subject property is adjacent to a state highway, notice
shall be given, by personal service or certified mail, to the Commissioner
of Transportation of the state.
f.
If the subject property exceeds 150 acres or 500 dwelling units,
notice shall be given, by personal service or certified mail, to the
State Planning Commission. Such notice shall include a copy of any
maps or documents required to be on file with the Township Clerk pursuant
to Section 6b of Chapter 291 of Public Laws 1975.[3]
[3]
Editor's Note: See N.J.S.A. 40:55D-10b et seq.
g.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the appropriate Board.
h.
Any notice made by certified mail, as hereinabove required,
shall be deemed to be complete upon mailing, in accordance with the
provisions of N.J.S.A. 40:55D-14.
i.
All notices required to be given, pursuant to the terms of this
article, shall state the date, time and place of the hearing, the
nature of the matters to be considered and identification of the property
proposed for development by street address, if any, or by reference
to block and lot numbers as shown on the current Tax Map in the Tax
Assessor's office and the location and times at which any maps and
documents for which approval is sought are available as required by
law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(j)
List of property owners. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Clerk shall, within seven days after receipt of a request therefor and payment of a fee as set forth in Appendix III of Chapter 2,[4] make and certify a list from the current tax rolls of
names and addresses of owners to whom the applicant is required to
give notice pursuant to this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[4]
Editor's Note: Appendix III is included as an attachment to this chapter.
(k)
Decisions. Each decision on any application for development shall
be set forth, in writing, as a resolution of the Board, which shall
include findings of fact and legal conclusions based thereon. A copy
of the decision shall be mailed by the Board, within 10 days of the
date of the decision, to the applicant or, if represented, to his
attorney, without charge. A copy of the decision shall also be mailed
to all persons who have requested it and who have paid the fee which
may be prescribed by the Board for such service. A copy of the decision
shall also be filed in the office of the Township Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as are those established
for copies of other public documents in the Township. A brief notice
of every final decision shall be published in the official newspaper
of the Township, without charge to the applicant, and shall be sent
to the newspaper for publication within 10 days of the decision.
(l)
Payment of taxes by applicant. Pursuant to the provisions of N.J.S.A.
40:55D-39 and 40:55D-65, an applicant shall, at or prior to the hearing,
submit to the Planning Board or the Zoning Board of Adjustment proof
that no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of the application. Any approvals
or other relief granted by either Board shall be conditioned upon
either the prompt payment of any due or delinquent taxes or assessments
or the making of adequate provision for the payment thereof in such
a manner as to adequately protect the Township.
(n)
Definitions. Whenever a term used in this article is defined in N.J.S.A.
40:55D-1 et seq., such term is intended to have the meaning set forth
in said statute, unless a contrary intention is clearly expressed
from the context of this article.
(o)
Applicable law. The Planning Board and the Zoning Board of Adjustment
shall function pursuant to N.J.S.A. 40:55D-1 et seq. and this Charter
and Code, and any amendments thereto. To the extent that the local
ordinance varies from the state statute, the state statute shall apply.
To the extent that this Charter is at variance with any provision
of the Code or any ordinance or amendments thereto, this Charter shall
apply, and the sections of the Code or ordinance at variance with
the Charter shall be deemed as repealed.
