Township of Riverside, NJ Variance Approval

No variance or other relief may be granted under the terms of this section unless such variance or other relief:

(a)

Can be granted without substantial detriment to the public good; and

(b)

Will not substantially impair the intent and purpose of the zone plan and Part 3 of this chapter.

In the case of an application for a use variance pursuant to N.J.S.A. 40:55D-70(d), the applicant shall demonstrate to the satisfaction of the Planning Board, acting as the Zoning Board of Adjustment, that, notwithstanding the fact that the proposed use is prohibited in the zoning district, it would not be inconsistent with such prohibition to allow such use on applicant's property. The Planning Board, acting as the Zoning Board of Adjustment shall evaluate all adverse impacts of the applicant's use on adjacent and neighborhood properties, as well as all beneficial effects, and shall not grant the variance unless it concludes, on the basis of clear and specific findings set forth in its resolution, that the benefits outweigh the detriments.

Additional standards for approval of use or "d" variances. No use variances shall be granted unless the applicant proves, and Planning Board, acting as the Zoning Board of Adjustment, finds that the proposed use is:

(a)

An inherently beneficial use, as determined by the courts;

(b)

The proposed use, if located at the applicant's site, advances the purposes of the zoning plan and because such site is particularly suitable for such use; proof of the general social benefits of the proposed use without reference to its location at the applicant's site will not meet this standards; or

(c)

The applicant's property is incapable of being used in any manner that conforms with the use regulations for the zoning district in which it is located.

§ 255-122 Duration of variance.

Duration of use variance.

Any use variance granted under the terms of this section without concurrent site plan or subdivision approval shall expire one year after the date of approval unless the use is commenced prior thereto or an extension of time is granted by the Planning Board, acting as the Zoning Board of Adjustment.

Any use variance granted under the terms of this section together with site plan or subdivision approval shall expire two years after the date of approval unless the use is commenced prior thereto or an extension of time is granted by the Planning Board, acting as the Zoning Board of Adjustment.

When the use of a property is abandoned for more than one year, which use was the subject of a use variance, the variance shall be deemed to have lapsed. Thereafter, the use may not be resumed without subsequent Planning Board approval.

Duration of variances other than use variances.

Any variance other than a use variance which has been granted by the Joint Land Use Planning Board acting as the Board of Adjustment shall expire one year after the date of publication of the decision granting the variance, unless the construction for which the variance was granted shall have been commenced.

Any variance other than a use variance which has been granted by the Planning Board in conjunction with an approved minor subdivision shall expire 190 days after the date on which the resolution of municipal approval of the minor subdivision is adopted, unless the subdivision shall have been perfected by the filing and recording of a plan or deed as required by law.

Any variance other than a use variance which has been granted by the Planning Board in conjunction with an approved major subdivision shall expire upon expiration of the rights conferred by the decision granting subdivision approval, or upon expiration of final approval pursuant to N.J.S.A. 40:55D-54.

(4)

Any variance other than a use variance which has been granted by the Planning Board in conjunction with approval of a site plan shall expire and shall be treated as having been abandoned on the same date that approval of the site plan shall expire as provided by law.

(5)

The Planning Board acting as the Zoning Board of Adjustment may for good cause extend the expiration date of a variance other than a use variance for not more than one additional year. Where a variance has been granted in conjunction with a major subdivision or major site plan approval and the applicant, upon application for extension of a variance, proves to the reasonable satisfaction of the Planning Board that applicant was barred or prevented, directly or indirectly, from proceeding with development because of delays in obtaining legally required approvals from other governmental entities and that the applicant applied promptly for and diligently pursued these approvals, the applicant shall be entitled to an extension equal to the period of time applicant was barred or prevented from proceeding with development.

Period of approval.

Any variance from the terms of this chapter hereinafter granted by the Joint Land Use Planning Board, acting as the Zoning Board of Adjustment, pursuant to the authority contained under N.J.S.A. 40:55D-1 et seq., permitting the erection or alteration of any structure or structures, or permitting the specified use of any premises shall expire by limitation unless said construction or alteration shall have actually been commenced on each and every structure permitted by said variance, or unless such permitted use shall have actually been commenced within one year from the date of entry of the judgment and determination of the Planning Board acting as the Zoning 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 Planning Board to a court of competent jurisdiction until the determination of such appeal or proceeding.

In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from a proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this chapter or under any ordinance repealed by this chapter, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

§ 255-123 Conditional use; standards for review; time for decision.

All applications for conditional use shall be granted or denied by the Joint Land Use Planning Board pursuant to § 255-123.

The review by the Planning Board of a conditional use application shall include site plan review. In cases where a conditional use application does not include alteration of the exterior of a building and will not have an impact on parking requirements, the Planning Board may waive site plan submission requirements as provided for in § 255-102D. The time period for action by the Board on conditional use applications shall apply to such site plan review.

If the development requiring conditional use approval deviates from a conditional use specification or standard, thereby requiring approval by the Joint Land Use Planning Board of a variance to allow such deviation, the Board shall grant or deny the requested variance relief.

The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application to the administrative officer of the Board, or within such further time as may be consented to by the applicant.

§ 255-124 Effect of approvals.

Subdivision approval.

When a subdivision is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the county recording officer by the applicant shall be signed by the Chairperson and Secretary of the Board, or the Acting Chairperson or Secretary where either or both may be absent. No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward to the applicant a copy of the approval resolution, adopted in accordance with § 255-113B, within 10 days of its adoption by the Board.

When a subdivision is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § 255-113C, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

Within 190 days from the date of approval by the Board of a minor subdivision, a plat map drawn in compliance with the approval and the Map Filing Act, N.J.S.A. 46:23-9.9 et seq., or deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairperson and Secretary of the Board, or the Acting Chairperson or Secretary where either or both may be absent. Unless filed within 190 days, the approval shall expire and will require new Board approval as in the first instance.

(4)

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval by the Joint Land Use Planning Board, provided that the approved minor subdivision shall have been duly recorded.

(5)

Within 95 days of approval by the Riverside Joint Land Use Planning Board of a final subdivision plat, the subdivider shall file a copy of same with the Burlington County Clerk. In the event of failure to file within 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days.

Effect of preliminary approval. Preliminary approval of a subdivision or site plan shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements, layout and design standards for streets, curbs and sidewalks, lot size, yard dimensions and off-tract improvements;

That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plat or plan; and

That the applicant may apply for, and the Board may grant, extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

Effect of final approval. Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date of final approval:

The zoning requirements applicable to the final approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.