[Amended by Ord. No. 2005-41]
B.
Appointments.
(1)
Pursuant to N.J.S.A. 40:55D-69, the Ocean Township Zoning Board of
Adjustment shall consist of seven regular members and two alternate
members. All regular members and any alternate members shall be municipal
residents. No member of the Zoning Board of Adjustment may hold any
other elective office or position under the municipality. No member
of the Board of Adjustment shall be permitted to act on any manner
in which he/she has, either directly or indirectly, any personal or
financial interest. A member may, after public hearing, if he/she
requests it, be removed by the governing body for cause. A vacancy
occurring otherwise than by expiration of term shall be filled for
the unexpired term only.
(2)
The Board of Adjustment shall elect a Chairperson and Vice Chairperson
from its regular members and select a Secretary, who may or may not
be a member of the Board of Adjustment or a municipal employee.
(3)
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 of the governing
body, pursuant to N.J.S.A. 40:55D-69. A vote shall not be delayed
in order that a regular member may vote instead of an alternate member.
In the event a choice must be made as to which alternate member is
to vote, alternate members shall vote in order of their numerical
designations. The initial terms of the member of the Ocean Township
Zoning Board of Adjustment shall be as follows:
(a)
Two members shall be appointed for initial terms of one year,
which term shall expire on December 31, 2006.
(b)
Two members shall be appointed to an initial term of two years
expiring on December 31, 2007.
(c)
Two members shall be appointed for a three-year term expiring
on December 31, 2008.
(d)
One member shall be appointed to an initial term of four years
expiring on December 31, 2009.
(4)
It is being the intention of this provision to insure, to the greatest
practicable extent, that the expiration of such terms has been distributed
evenly over the first four years. All appointments thereafter for
the Zoning Board of Adjustment shall be for a term of four years in
accordance with the provisions of N.J.S.A. 40:55D-69.
(5)
Thereafter, all appointments to the position of alternate member
of the Board shall be for a period of two years such that not more
than one alternate member shall expire in any one year.
A.
The powers of the Zoning Board of Adjustment shall be generally in
accordance with the Municipal Land Use Law, Chapter 291, Laws of N.J.
1975, N.J.S.A. 40:55D-1 et seq., and in particular with N.J.S.A. 40:55D-70
thereof, and amendments and supplements thereto.
B.
The Board shall have the power to direct issuance of a permit to
construct a dwelling or structure, pursuant to N.J.S.A. 40:55D-34,
in the bed of a mapped street or public drainage way, flood control
basin or public area reserved by an official map adopted by the Township.
C.
The Board shall have the power to direct issuance of a building permit,
under the authority and directions set forth in N.J.S.A. 40:55D-36,
upon lands that do not front upon an improved street.
D.
Whenever the Board of Adjustment is reviewing an application under
N.J.S.A. 40:55D-70, commonly termed a "use" or "special reasons" variance,
it shall have the same powers as the Planning Board with respect to
subdivision and site plan review under Article 6 of the Municipal
Land Use Law, N.J.S.A. 40:55D-37 et seq., or conditional use applications,
N.J.S.A. 40:55D-67.
(1)
Notwithstanding any other limitations on time for decision to be
made as to subdivision, site plan or conditional use applications,
the Board of Adjustment shall grant or deny approval within 120 days
after submission of a complete application or within such further
time as may be consented to by the applicant.
(2)
Failure of the Board of Adjustment to act within the time presented
shall constitute approval of the application and a certificate of
the administrative officer as to the failure to act shall be issued
on request of the applicant. Such certificate shall be accepted by
the County Recording Officer for purposes of filing subdivision plats.
(3)
Whenever review or approval of the application by the County Planning
Board is required by Section 5 of P.L. 1976, c.285, N.J.S.A. 40:27-6.3,
in the case of a subdivision, or Section 8 of P.L. 1968, c.285, N.J.S.A.
40:27-6.6, in the case of a site plan, the Township Board of Adjustment
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time.
E.
The Board shall have the power to refer any application to any appropriate
person or agency, including the Planning Board, for its report; provided,
that such reference shall not extend the time within which the Board
of Adjustment shall act.
F.
The Zoning Board of Adjustment shall not exercise the power otherwise
granted by this chapter if the proposed development requires approval
by the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board has power to direct the
issuance of a permit pursuant to Section b of Section 47 of P.L. 1975,
c.291 (N.J.S.A. 40:55D-60).
G.
The Zoning Board of Adjustment shall not exercise the power otherwise
granted by this chapter if the proposed development requires approval
by the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board has power to direct the
issuance of a permit pursuant to Subsection c of Section 47 of P.L.
1975, c.291 (N.J.S.A. 40:55D-60).
H.
In particular cases and for special reasons, grant a variance to
allow departure from regulations pursuant to this chapter to permit:
(1)
A use or principal structure in a district restricted against such
use or principal structure;
(2)
An expansion of a nonconforming use;
(3)
Deviation from a specification or standard pursuant to Section 54
of P.L. 1975, c.291 (N.J.S.A. 40:55D-67) pertaining solely to a conditional
use;
(4)
An increase in the permitted floor area ratio as defined in Section
31 of P.L. 1975, c.291 (N.J.S.A. 40:55D-4);
(5)
An increase in the permitted density as defined in Section 3.1 of
P.L. 1975, c.291 (N.J.S.A. 40:55D-4), 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;
(6)
A height of a principal structure which exceeds by 10 feet or 10%
of the maximum height permitted in the district for a principal structure.
A variance under this subsection shall be granted only by affirmative
vote of at least five members, in the case of a municipal board, or
two-thirds of the full authorized membership, in the case of a regional
board, pursuant to Article 10 of P.L. 1975, c.291 (N.J.S.A. 40:55D).
[Amended by Ord. No. 2002-28]
A.
Appeals to the Board of Adjustment. Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of Chapter 410, Zoning, of the Code of the Township of Ocean or the Official Map. Such appeal shall be taken within 20 days by filing a 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.
B.
Applications to be filed with the Building Official. All applications
for development within the jurisdiction of the Board of Adjustment
pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., shall be
filed with the Building Official of the Township.
C.
Application to the Board of Adjustment. A developer may file an application
for development with the Board of Adjustment for action under any
of its powers without prior application to the Building Official of
the Township.
D.
Application forms. The applicant shall obtain all forms from the
Building Official of the Township or the Secretary of the Board of
Adjustment and shall follow the procedures set by the rules and regulations
of the board.
The 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.
A.
The Board of Adjustment shall render a decision not later than 120
days after the date an appeal is taken from the decision of an administrative
officer or the submission of a complete application for development
to the Board of Adjustment pursuant to N.J.S.A. 40:55D-72b.
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.
[1]
Editor's Note: Former § 209-32, Expiration of variance,
was repealed 4-14-2016 by Ord. No. 2016-3.
Any final decision of the Zoning Board of Adjustment of the
Township pursuant to an application submitted under N.J.S.A. 40:55D-70d,
commonly termed a "use" or "special reasons" variance, shall be considered
a final decision of the Zoning Board of Adjustment of the Township
and any interested party in order to appeal that final decision of
the Ocean Township Zoning Board of Adjustment, shall not be allowed
to appeal such decision to the Township Committee of the Township,
but rather shall appeal such final decision to the Superior Court
of New Jersey, Law Division.
If the Board of Adjustment lacks a quorum because any of its
regular or alternate members is prohibited by Section 56 of P.L. 1975,
c.291 (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 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.
