A.
General. It is the intent of this section to set forth the procedures
for applications to the Board for variances and for the direction
of the issuance of certain permits as permitted by this chapter. In
addition to the procedures set forth in the following subsections
for each type of application, the procedures set forth for processing
and review of site plan and subdivision applications in this chapter
shall apply, unless the context clearly indicates otherwise or unless
contrary to law, including but not necessarily limited to the following:
B.
Review of existing nonconforming conditions in connection with applications
for variances or for the direction of the issuance of certain permits.
In reviewing applications for variances or for the direction of the
issuance of certain permits, the Board shall determine whether any
existing nonconforming conditions involving the subject property will
exacerbate, intensify, alter, affect or in some way result in a significant
impact on the proposed use, structure or land. If the Board finds
that no substantial impact or detriment will result, the Board shall
so state in its findings of fact in the resolution for the application,
without the need for such existing nonconforming conditions to meet
the criteria established by N.J.S.A. 40:55D-34, 40:55D-36, 40:55D-51a
and b and 40:55D-70c and d and this chapter for variances or exceptions.
If the Board finds that substantial impacts or detriments will result,
however, the application shall not be approved unless and until the
applicant agrees to mitigate or eliminate such impacts or detriments
to the maximum extent feasible. The above shall not be construed to
alter the review procedures nor the criteria for granting variances
or exceptions for violations proposed by the development or existing
illegally on the subject property.
C.
"C" variance applications. Subject to the provisions of N.J.S.A. 40:55D-1 et seq., applications to the Board may be taken for relief from the zoning regulations, Articles 20 through 33 of this chapter. The following provisions shall apply to "C" variance applications:
(1)
When subdivision, site plan or conditional use approval is required,
the developer may elect to submit a separate application with the
Board requesting approval of the variance and a subsequent application
for any such other required approval. Any separate approval of the
variance shall be conditioned upon the granting of all required subsequent
approvals by the Board.
(5)
There must be a showing by the applicant and the Board must
find all of the following:
(a)
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 Part 3 of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
In an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the requirements of Part 3, Zoning, and the benefits of the deviation would substantially outweigh any detriment; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection, and provided that no variance from those departures enumerated in § 120-2.7D shall be granted under this subsection; and provided further that the proposed development does not require approval by the Board of a subdivision, site plan or conditional use, in conjunction with which the Board has power to review a request for a variance pursuant to this Part 1;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
The variance can be granted without substantial detriment to
the public good; and
(d)
The grant of the variance will not substantially impair the
intent of the zone plan and zoning regulations.
(6)
The Board shall render a decision not later than 120 days after the date the application is certified to be complete pursuant to Article 5, or within such further time as may be consented to by the applicant.
(7)
The Board may refer an application pursuant to this section
to any appropriate person or agency for its report, provided that
such reference shall not extend the period of time within which the
Board shall act.
D.
"D" variance applications. Subject to the provisions of N.J.S.A. 40:55D-1 et seq., and in particular cases, applications to the Board may be taken for relief from the zoning regulations, Articles 20 through 33 of this chapter, involving "D" variance requests. A developer may file an application for a "D" variance with the Board without prior application to the Zoning Officer or Construction Official. The following provisions shall apply to "D" variance applications:
(4)
In particular cases, for special reasons, the Board may grant a variance to allow departure from regulations pursuant to Articles 20 through 33 of this chapter 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 pursuant to N.J.S.A.
40:55D-67 pertaining solely to a conditional use;
(d)
An increase in the permitted floor area ratio as defined in
N.J.S.A. 40:55D-4;
(e)
An increase in the permitted density as defined in 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; or
(f)
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the zone for a principal structure.
(5)
A variance under this subsection shall be granted only by affirmative
vote of at least five members.
(6)
If an applicant requests one or more variances but not a variance
for a purpose enumerated in this Part 1, the decision on the requested
variance or variances shall be rendered under this Part 1.
(7)
No variance or other relief may be granted under the terms of this Part 1, including a variance or other relief involving an inherently beneficial use and/or special reasons, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and this chapter.
(8)
An application under this Part 1 may be referred to any appropriate
person or agency for its report, provided that such reference shall
not extend the period of time within which the Board shall act.
E.
Application for issuance of permits for areas on Official Map. Applications
to the Board may be taken for relief necessary to issue a permit for
any building or structure in the bed of any street or public drainage
way, flood control basin or public area reserved on the Official Map.
A developer may file an application for development with the Board
under this subsection without prior application to the Construction
Official. The following provisions shall apply to such applications:
(1)
When subdivision, site plan or conditional use approval is required,
the developer may submit an application with the Board requesting
direction for the issuance of a permit and a subsequent application
for any such other required approval. Any such separate direction
for the issuance of a permit shall be conditioned upon the granting
of all required subsequent approvals by the Board.
(2)
Any application pursuant to this subsection shall consist of
a completed application form and a map showing the property in question
and the location of the proposed building and/or structure in relation
to the bed of the mapped street or public drainage way, flood control
basin or public area reserved on the Official Map. The following number
of copies shall be submitted:
(3)
An application pursuant to this subsection shall stay all proceedings in the same manner as specified in this Part 1.
(4)
A public hearing shall be held in accordance with the provisions for a hearing set in Article 4.
(6)
There must be a showing by the applicant and the Board must
find that the subject property cannot yield a reasonable return to
the owner unless a building permit is granted.
(7)
Any decision of the Board to direct the issuance of a permit
pursuant to this subsection shall be by an affirmative vote of a majority
of the full authorized membership of the Board and shall be in accordance
with terms and conditions which will as little as practicable increase
the cost of opening such street, or tend to cause a minimum change
of the Official Map, and the Board shall impose reasonable requirements
as a condition of granting the permit so as to promote the health,
morals, safety and general welfare of the public.
(8)
The Board shall render a decision not later than 120 days after
the date the application is certified to be complete pursuant to this
article or within such further time as may be consented to by the
applicant.
(9)
The Board may refer an application pursuant to this subsection
to any appropriate person or agency for his/her/its report, provided
that such reference shall not extend the period of time within which
the Board shall act.
F.
Application for permits for lot not abutting a street. Applications
to the Board may be taken for relief necessary to issue a permit for
any building or structure on a lot which does not abut a street giving
access to such building or structure. A developer may file an application
for development with the Board under this subsection without prior
application to the Construction Official. The following provisions
shall apply to such applications:
(1)
When subdivision, site plan or conditional use approval is required,
the developer may elect to submit an application with the Board requesting
direction for the issuance of a permit and a subsequent application
for any such other required approvals. The separate direction for
the issuance of a permit shall be conditioned upon the granting of
all required subsequent approvals by the Board.
(2)
Any applicant, pursuant to this subsection, shall be required
to submit a completed application form and a map showing the property
in question and the manner by which access will be provided to the
building and/or structure, including the location of the nearest street
from which access may be obtained. The following number of copies
shall be submitted:
(5)
There must be a showing by the applicant and the Board must
find that the refusal to issue a permit would entail practical difficulty
or hardship, or that the circumstances of the case do not require
the building or structure to be related to a street.
(6)
Any decision of the Board to direct the issuance of a permit
pursuant to this subsection shall be in accordance with terms and
conditions which will provide adequate access for firefighting equipment,
ambulances and other emergency vehicles necessary for the protection
of health and safety and that will protect any future street layout
shown on the Official Map or on the circulation plan element of the
Borough Master Plan.
(7)
The Board shall render a decision not later than 120 days after the date the application is certified to be complete pursuant to Article 5, or within such further time as may be consented to by the applicant.
(8)
The Board may refer an application pursuant to this subsection
to any appropriate person or agency for its report, provided that
such reference shall not extend the period of time within which the
Board shall act.
A.
General. It is the intent of this section to set forth the procedure
for appeals, interpretations and requests concerning special questions
to the Board as permitted by this chapter. In addition to the procedures
set forth in the following subsections for each type of application,
the procedures set forth for processing and review of site plan and
subdivision applications in this chapter shall apply unless the context
clearly indicates otherwise or unless contrary to law, including the
following:
B.
Resident homeowner’s review of Zoning Officer’s decision
and appeals alleging erroneous Zoning Officer’s decision for
all other properties. Appeals to the Board may be taken by an interested
party when it is alleged by the appellant that there is error in any
order, requirement, decision or refusal made by the Zoning Officer
based on or made in the enforcement of the zoning regulations of this
chapter. The following provisions shall apply to such appeals:
[Amended 11-8-2017 by Ord. No. 2017-04]
(1)
Appeals must be taken within 20 days of the decision of the
Zoning Officer.
(2)
A notice of appeal shall be filed with the Zoning Officer, specifying
the grounds of the appeal. The Zoning Officer shall immediately transmit
to the Board all the papers constituting the record upon which the
action appealed from was taken.
(3)
Upon proof of payment of taxes and assessments, the fee required
to appeal the Zoning Officer’s decision or interpretation is
included in the schedule of fees. The fee for the review of the Zoning
Officer’s decision for the residence of a homeowner regarding
zoning regulations or interpretations is $250.
(4)
An appeal to the Board shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the Zoning Officer certifies to the Board, after the notice
of appeal shall have been filed with him or her, that by reason of
facts stated in the certificate, a stay would, in his/her opinion,
cause imminent peril to life or property. In such case proceedings
shall not be stayed other than by an order of the Superior Court upon
notice to the officer from whom the appeal is taken and on due cause
shown.
(5)
A public hearing for a appeal before the Planning Board shall be held in accordance with Article 4. The appellant shall give public notice of the hearing in the manner specified for development application in this chapter, provided that the parties entitled to notice shall be limited to those specified in Article 4. If the appeal is made by an interested party other than the owner of the property which was the subject of the decision by the Zoning Officer, notice shall also be sent to said property owner in addition to the parties specified in Article 4. Affidavits of proof of service of notice shall be submitted to the Planning Board’s Secretary no less than seven days prior to the scheduled hearing.
(6)
The Board 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 shall have all the powers of the Zoning
Officer.
(7)
The Board shall render a decision not later than 120 days after
the date the appeal is taken from the Zoning Officer, or within such
further time as may be consented to by the applicant.
(8)
The Board may refer an application pursuant to this subsection
to any appropriate person or agency for its report, provided that
such reference shall not extend the period of time within which the
Board shall act.
(9)
The Zoning Officer shall not participate as a member of the
Board in the consideration of the appeal, including but not limited
to the deliberations and voting. Notwithstanding the foregoing sentence,
nothing shall prohibit the Zoning Officer from testifying at the hearing.
(10)
Reviews of the Zoning Officer’s decision as requested
by a resident homeowner for his/her dwelling shall occur at a public
hearing before the Planning Board and it shall occur at the next regularly
scheduled meeting. The review by the Planning Board shall be placed
on the agenda and published on the Borough’s website no less
than two full business days prior to the scheduled meeting.
(11)
The Planning Board's review of a resident homeowner’s
application for their dwelling based upon an erroneous decision of
the Zoning Officer shall result in one of the following decisions:
(a)
Uphold the Zoning Officer’s decision without prejudice; or
(b)
Reverse the Zoning Officer’s decision in whole or in part;
or
(c)
With the applicant’s consent on the record, the Board may refer
the matter to a Board professional for further comments and recommendations.
The Board professional shall provide written comments and recommendations,
as may be required, at the next regularly scheduled meeting of the
Planning Board, provided the applicant has provided $1,5000 to the
Borough to guarantee said review. No further application fee shall
be required of the applicant; or
(d)
If the $1,500 is not deposited by the eleventh business day after
the meeting, the Zoning Officer’s decision shall be deemed upheld
and a resolution finding same shall be entered by the Board.
C.
Request for interpretation or other special questions. The Board
shall hear and decide requests for interpretation of the Zoning Map
or zoning regulations, or for decisions upon other special questions
upon which the Board is specifically authorized to pass by this chapter.
The following provisions shall apply to such requests:
(1)
An application form shall be completed and shall be accompanied
by a specific written request which outlines that part of the Zoning
Map, zoning regulations or Official Map for which an interpretation
is sought, or outlines the special question that the Board is asked
to consider.
(2)
One signed original and 15 copies of the application form and
all accompanying documentation shall be submitted to the Secretary
of the Board.
(3)
Fees required by Article 6 shall be submitted with the request, as well as proof of payment of taxes and assessments.
(5)
The applicant shall publish notice of the hearing on the request in the official newspaper of the Borough, if there is one, or in the newspaper of general circulation in the Borough. If the request for interpretation or special question concerns a specific property, the applicant shall also give public notice of the hearing in the manner specified for development applications in Article 4, provided that the parties entitled to notice shall be limited to those specified. If the request is made by a person other than the owner of the specific property which is the concern of the interpretation or special question, notice shall also be sent to said property owner, in addition to the parties specified in Article 4. Affidavits of proof of service of notice shall be submitted at least seven business days prior to the hearing.
(6)
The Board may refer an application pursuant to this subsection
to any appropriate person or agency for its report.
Appeals in a "D" variance case may only be made to the Superior
Court of New Jersey in accordance with the provisions of the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
If a public utility, as defined by N.J.S.A. 48:2-13, is aggrieved
by the action of a Borough agency through said agency's exercise of
its powers under this chapter or the Municipal Land Use Law[1] with respect to any action in which the public utility
has an interest, an appeal to the Board of Public Utilities of the
State of New Jersey (BPU) may be taken pursuant to N.J.S.A. 40:55D-19.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A protest against any proposed amendment or revision of the
zoning regulations may be filed with the Borough Clerk, signed by
the owners of 20% or more either of the area of the lots or land included
in such proposed change, or of the lots or land extending 200 feet
in all directions from there, inclusive of street space, whether within
or without the Borough. Such amendment or revision shall not become
effective following the filing of such protest, except by the favorable
vote of 2/3 of all the members of the Borough Council.
A.
Authority. This section is adopted pursuant to the authority granted
to the Borough under N.J.S.A. 40:55D-10.3.
B.
Applicability. This checklist shall apply to all applications for
development in all zones within the Borough.
C.
Determination of completeness; no bearing on merits. A determination
of completeness, pursuant to the terms and conditions hereof, is in
no way to be interpreted or understood as an evaluation of the adequacy
or acceptability of the information submitted and shall not be construed
as diminishing the applicant's obligation to prove in the application
process that he/she is entitled to approval of the application.
D.
Additional information. The Planning Board may subsequently require
correction of any information found to be in error and submission
of any additional information not specified in this Part 1 or any
other ordinance of the Borough, or any revisions thereof, as is or
may be reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Checklist. For the purposes of determining that an application for
any development within the Borough is complete, pursuant to the terms
of N.J.S.A. 40:55D-10.3, an applicant shall be required to furnish
the following information, documents and fees:
(1)
A completed application form, as supplied by the Secretary of
the Board, containing full and complete responses and answers to all
requirements and questions contained thereon.
(2)
All required fees and charges pursuant to a schedule of fees
to be supplied to the applicant by the Secretary of the Board.
(3)
Certificate of Tax Collector that taxes have been paid.
(4)
An appropriate sketch plat, subdivision map or site plan, prepared
in accordance with the terms and conditions of the appropriate Borough
ordinances as follows:
(a)
Subdivisions, minor and major; preliminary and final. Any application for a minor subdivision or a major subdivision, either preliminary or final, presented to the Planning Board shall comply with all of the terms and conditions of Part 2, Subdivision and Site Plan Review, and subsequent amendments thereto and, if necessary, all of the terms and conditions of Article 17, General Design Standards, and all of the terms and conditions of any other applicable ordinance of the Borough.
(b)
Site plans, preliminary and final. Any application for a preliminary
or final site plan presented to the Planning Board shall comply with
all of the terms and conditions of Part 2, Subdivision and Site Plan
Review, dealing with site plans, and amendments thereto, and all of
the terms and conditions of any other applicable ordinance of the
Borough.
(c)
Variances; use variances; conditional uses. All applications for variances, use variances and/or conditional uses shall comply with the various and miscellaneous sections of Part 3, Zoning, and amendments thereto, as may be required, depending upon the nature of the variance, use variance or conditional use requested, and all of the terms and conditions of any other applicable ordinance of the Borough.
(d)
Site plan or plan of survey. The site plan or plan of survey
shall contain an area map and shall include the following:
[1]
Lot lines, with dimension.
[2]
Tax block and lot numbers.
[3]
Zoning district.
[4]
Name of road or roads on which the property fronts.
[5]
Easements, rights-of-way, if any, and zone boundaries.
[6]
Location of streams, if any.
[7]
Location of all existing buildings, if any, and of proposed
structures or changes showing front, rear and side yard dimensions
and distance from buildings to property lines.
[8]
Building area allowed; draw lines showing required front, rear
and side yard setbacks.
[9]
Location, arrangement and dimensions of parking area, driveway,
patios, etc.
[10]
Names of adjoining property owners.
[11]
Location of all buildings on all adjoining properties,
including setbacks. The area map may be copied from the Tax Maps in
the assessment office. It must show the applicant's plot and the properties
within 200 feet in outline, including properties outside the Borough,
where necessary. It must indicate lot and block numbers on each plot
within the two-hundred-foot area within or without the Borough.
F.
Additional requirements. In addition to the above, any application
for development shall be subject to any rules and regulations as adopted,
from time to time, by the Planning Board, copies of which shall be
supplied to the applicant along with the application form.
G.
Electronic filing. In addition to the above requirements, applicants
are encouraged to provide an electronic copy of the application after
it has been deemed complete. This copy may be used for distribution
to Board members. It may also be used for review purposes by members
of the public.
