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:
(1) 
The filing procedures in Article 5;
(2) 
The procedures for filing simultaneous applications in this Part 1;
(3) 
The completeness review procedures in Articles 4 and 5;
(4) 
The general review procedures in Article 5;
(5) 
The conditional approval provisions in this Part 1;
(6) 
The provisions for extensions and tolling of approvals in this Part 1; and
(7) 
The provisions for reservation of public areas, payment of taxes and assessments, disclosure of ownership and binding nature of approvals in Articles 5 and 6.
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.
(2) 
Any application pursuant to this section shall be required to submit the information required by this chapter and shall be reviewed for completeness in accordance with the procedures set forth in Articles 4 and 5.
(3) 
A public hearing shall be held in accordance with the provisions for hearings in Article 4.
(4) 
The applicant shall give public notice of the hearing in the manner specified for development applications in Articles 4 and 5. Affidavits of proof of service of notice shall be submitted at least seven business days prior to the hearing.
(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:
(1) 
Any application pursuant to this subsection shall be required to submit the information required by Articles 4 and 5, and shall be reviewed for completeness in accordance with the procedures set forth in Articles 4 and 5.
(2) 
A public hearing shall be held in accordance with the provisions for hearings in Article 4.
(3) 
The applicant shall give public notice of the hearing in the manner specified for development applications in Article 4 and 5. Affidavits of proof of service of notice shall be submitted at least seven business days prior to the hearing.
(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.
(9) 
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.
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:
(a) 
One signed original application, and five copies of the map and the application.
(b) 
In addition, fees required by Article 6 shall be submitted, as well as proof of payment of taxes and assessments.
(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.
(5) 
The applicant shall give public notice of the hearing in the manner specified for development applications in Article 4 and 5. Affidavits of proof of service of notice shall be submitted at least seven business days prior to the hearing.
(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:
(a) 
One signed original application and five copies of the map and the application.
(b) 
In addition, fees required by Article 6 shall be submitted as well as proof of payment of taxes and assessments.
(3) 
A public hearing shall be held in accordance with the provisions for hearings in Article 4.
(4) 
The applicant shall give public notice of the hearing in the manner specified for development applications in Article 4 and 5. Affidavits of proof of service of notice shall be submitted at least seven business days prior to the hearing.
(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:
(1) 
The filing procedures in this chapter;
(2) 
The procedures for filing simultaneous applications in this chapter;
(3) 
The completeness review procedures in Articles 4 and 5;
(4) 
The general review procedures in Articles 4 and 5;
(5) 
The conditional approval provisions in Articles 4 and 5;
(6) 
The default approval provisions in this chapter;
(7) 
The provisions for extensions and tolling approvals in this chapter; and
(8) 
The provisions for reservation of public areas, payment of taxes and assessments, disclosure of ownership and binding nature of approvals in Articles 4, 5 and 6.
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.
(4) 
A public hearing shall be held in accordance with the provisions for hearings in Article 4.
(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.