A.
Establishment and composition.
(1)
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A.
40:55D-69 et seq., consisting of seven (7) residents of the Township
of Winslow, appointed by the governing body, to serve for terms of
four (4) years from January 1 of the year of their appointment. The
terms of the members first appointed shall be so determined that,
to the greatest practicable extent, the expiration of such terms shall
be distributed evenly over the first four (4) years after their appointment,
provided that the initial term of no member shall exceed four (4)
years. Thereafter, the term of each member shall be for four (4) years.
Nothing in this chapter shall, however, be construed to affect the
term of any present members of the Zoning Board of Adjustment, all
of whom shall continue in office until the completion of the terms
for which they were appointed.
[Amended 12-17-86 by Ord. No. 0-18-86; 2-9-87 by Ord. No. 0-1-87]
(2)
In addition to the seven (7) members heretofore appointed, there
shall be two (2) alternate members. Alternate members shall be designated
as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation
during the absence or disqualification of any regular member or members.
Of the original alternates appointed, one (1) member shall be appointed
for two (2) years and one (1) member shall be appointed for one (1)
year. Appointments to fill vacancies of any alternate member shall
be for the unexpired term only. All succeeding appointments shall
be for two (2) years.
[Added 12-19-84 by Ord. No. 0-21-84; amended 2-24-04 by Ord. No. 0-1-04]
B.
No member of the Zoning Board of Adjustment may hold any elective
office or position under the municipality.
C.
A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term only in the same manner as the original appointment. Whether a vacancy has occurred shall be determined in accordance with § 8-6 of Chapter 8 of the Winslow Township Code, entitled "Citizen Service and Leadership."
[Amended 4-23-13 by Ord. No. O-2013-011]
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall also select a Secretary who may or may
not be a Board Member or another municipal employee.
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint
and fix the compensation of or agree upon the rate of compensation
of the Zoning Board of Adjustment Attorney, who shall be an attorney
other than the Municipal Attorney.
The Zoning Board of Adjustment may also employ or contract for
and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for its use.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto,
and with the provisions of this chapter.
B.
It is further the intent of this chapter to confer upon the Zoning
Board of Adjustment as full and complete powers as may lawfully be
conferred upon such Board, including, but not by way of limitation,
the authority in connection with any case, action or proceeding before
the Board to interpret and construe the provisions of this chapter,
or any term, clause, sentence or work hereof, and the Zoning Map,
in accordance with the general rules of construction applicable to
legislative enactments.
C.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this chapter in
accordance with the general or specific rules contained herein and
with the general rule hereby laid down that equity shall be done in
cases where the strict construction of the provisions of this chapter
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 said P.L. 1975,
c. 291,[1] or subsequent statutes in such case made and provided;
and it shall, from time to time, furnish to any person requesting
the same a copy of its rules and information as to how appeals or
applications may properly be filed with the Board for its decision
thereon.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Appeals to the Board of Adjustment may be taken by any interested
party. Each appeal shall be taken within the sixty-five (65) days
prescribed by the statute by filing a notice of appeal with the officer
from whom the appeal was taken, together with three (3) copies of
said notice with the Secretary of the Board of Adjustment. Said notice
of appeal shall specify the grounds for said 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 was taken.
B.
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an administrative officer
shall be filed with the Secretary of the Zoning Board of Adjustment.
Three (3) copies of the application shall be filed. At the time of
filing the appeal or application, but in no event less than ten (10)
days prior to the date set for the hearing, the applicant shall also
file all plot plans, maps or other papers required by virtue of any
provision of this chapter or any rule of the Board of Adjustment.
The applicant shall obtain all necessary forms from the Secretary
of the Zoning Board of Adjustment. The Secretary 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.
An appeal stays all proceedings in furtherance of the action in respect
to which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment, after
the notice of appeal shall have been filed with him, that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such cases proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by the Superior Court of New Jersey
on application or notice to the officer from whom the appeal is taken
and on due cause shown.
In exercising the above-mentioned power, the Board of Adjustment
may, in conformity with the provisions of P.L. 1975, c. 291,[1] or amendments thereto or subsequent statutes applying,
reverse or affirm, wholly or partly, or may 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, have
all the powers of the administrative officer from whom the appeal
was taken.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Any variance from the terms of this chapter hereafter granted
by the Board of Adjustment 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 on each and every structure permitted
by said variance, or unless such permitted use has actually been commenced,
within one (1) year from the date of publication of the notice of
the judgment or determination of the 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 Board of Adjustment to the governing body, or to a court of
competent jurisdiction, until the termination in any manner of such
appeal or proceeding.
A.
The Board of Adjustment shall have such powers as are granted by
law to:
(1)
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of the Zoning Ordinance.[1]
(2)
Hear
and decide requests for interpretation of the Zoning Map of the Zoning
Ordinance or for decisions upon other special questions upon which
such Board is authorized by the Zoning Ordinance to pass.
(3)
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property or by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation in the Zoning Ordinance would result in peculiar and
exceptional practical difficulties to or exceptional and undue hardship
upon the owner of such property, grant, upon an application or an
appeal relating to such property, a variance from such strict application
so as to relieve such difficulties or hardship; provided, however,
that no variance shall be granted under this subsection to allow a
structure or use in a district restricted against such structure or
use, and further provided 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 shall review a request
for a variance pursuant to Section 47a of the Municipal Land Use Law
of 1975, P.L. 1975, c. 291.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-60a.
(4)
In particular cases and for special reasons, grant a variance to
allow departure from regulations pursuant to Article 8 of the Municipal
Land Use Law,[3] including but not limited to allowing a structure or use
in a district restricted against such structure or use, but only by
an affirmative vote of at least five (5) members of the Board.
[Amended 6-25-80 by Ord. No. 0-13-80]
[3]
Editor's Note: See N.J.S.A. 40:55D-62 through 55D-68.
B.
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.[4] Any application under any subsection of this section may
be referred to any appropriate person or agency, 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.
C.
Any municipal variance approval which grants relief from the density or lot area requirements set forth in Schedule 2, Area, Yard and Bulk Requirements, of Chapter 296 of this Code for the Regional Growth Areas of the PR-2, PR-3 and PR-4 Zones shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Added 5-24-89 by Ord. No. 0-27-89; 7-20-93 by Ord. No. 0-20-93; amended 2-25-97 by Ord. No. 0-2-97]
D.
Any variance or other approval for a residential use in the PC-1,
PC-2 or PI-1 Zones shall require that Pinelands Development Credits
be used for fifty percent (50%) of the authorized units for parcels
under ten (10) acres in size; for seventy-five percent (75%) of the
authorized units for parcels between ten (10) and twenty (20) acres
in size and for one hundred percent (100%) of the authorized units
for parcels over twenty (20) acres in size.
[Added 5-24-89 by Ord. No. 0-27-89; amended 2-25-97 by Ord. No. 0-2-97; 6-19-01 by Ord. No. 0-13-2001; 3-26-02 by Ord. No.
0-6-02]
E.
Any variance or other approval for a nonresidential use not otherwise
permitted in the PR-2, PR-3 or PR-4 Zones shall require that Pinelands
Development Credits be used at fifty percent (50%) of the maximum
rate permitted for Pinelands Development Credit use in the zone in
which the nonresidential use will be located for parcels under ten
(10) acres in size; at seventy-five percent (75%) of the maximum rate
for parcels between ten (10) and twenty (20) acres in size; and at
one hundred percent (100%) of the maximum rate for parcels over twenty
(20) acres in size. This requirement shall not apply to a variance
or other approval which authorizes the expansion of or changes to
existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
[Added 7-20-93 by Ord. No. 0-20-93; amended 6-19-01 by Ord. No. 0-13-2001; 3-26-02 by Ord. No.
0-6-02]
F.
Any variance or other approval which grants relief from the density or lot area requirements set forth in Schedule 2, Area, Yard and Bulk Requirements of Chapter 296 of this Code for a residential or principal nonresidential use in the PR-6, PC-3 or PI-2 Districts shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.
[Added 2-25-97 by Ord. No. 0-2-97; 3-26-02 by Ord. No. 0-6-02]
A.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 40-21 of this article, have the power given by law to:
(1)
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.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
B.
The Board of Adjustment 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 c. 291,[1]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 Article II, § 40-21A(4), of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-37 through 55D-59.
A.
The Board of Adjustment shall render its decision not later than
one hundred twenty (120) days after the date an appeal is taken from
the decision of an administrative officer or not later than one hundred
(120) days after the date of the submission of a complete application
for development to the Board pursuant to the provisions of N.J.S.A.
40:55D-70b.
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.
