There is hereby established, pursuant to Section 57, P.L. 1975,
c. 291 (N.J.R.S. 40:55D-69a), a Zoning Board of Adjustment, also known
as the "Zoning Board" or the "Board of Adjustment".
[Amended 6-10-92 by Ord. No. 92-19; 3-7-05 by Ord. No. 05-03]
The Board shall consist of seven (7) members and not more than
four (4) alternate members who shall be residents of the Township
of East Brunswick. Alternate members shall be designated at the time
of authority appointing them as "Alternate No. 1", "Alternate No.
2, Alternate 3" and Alternate 4" as appropriate.
Alternate members may participate in discussions of the proceedings,
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 section 56 of P.L. 1975,
c. 291 (C. 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
that a choice must be made as to which alternate member is to vote,
alternate members shall vote in the order of their numerical designations.
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 (C. 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 chairman of the Planning Board shall make the choice.
[Amended 3-7-05 by Ord. No. 05-03]
The members of the Board of Adjustment shall be appointed by
the Township Council. The terms of the members first appointed under
this chapter shall be so determined that to the greatest practicable
extent, the expiration of such terms shall be distributed, in the
case of regular members, evenly over the first four (4) years after
their appointment, and in the case of alternate members, evenly over
the first two years after their appointment; provided that the initial
term of no regular members shall exceed four years and that the initial
term of no alternate member shall exceed two years. Thereafter, the
term of each member shall be four (4) years; and the term of each
alternate member shall be two years. The terms of not more than two
alternate members shall expire in any one year.
[Amended 3-7-05 by Ord. No. 05-03]
A vacancy occurring otherwise than by expiration of a term shall
be filled for the unexpired term only. A member may, after public
hearing if he requests it, be removed by the Township Council for
cause.
A.
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and select a Secretary who may or may not be a member
of the Board of Adjustment or a municipal employee.
B.
The Board of Adjustment may employ or contract for and fix the compensation
of legal counsel, 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 Township Council
for its use.
C.
The Board of Adjustment shall adopt such rules and regulations as
may be necessary to carry into effect the powers granted to it by
this chapter.
[Amended 6-10-92 by Ord. No. 92-19]
The Board of Adjustment shall have the power to:
A.
Hear and decide appeals where it is alleged by the appellant that
there is an error in any order, requirement, decision or refusal made
by the Director of Planning and Engineering or his designee, based
on or made in the enforcement of the zoning ordinance.
B.
Hear and decide requests for interpretation of the Zoning Map or
Zoning Ordinance, or for decisions upon other special questions upon
which such Board is authorized to pass by the Zoning Ordinance or
Official Map ordinance in accordance with this act.
C.
1.
Where (a) by reason of exceptional narrowness, shallowness or shape
of a specific piece of property; or (b) by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property; or (c) by reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or structures
lawfully existing thereon, the strict application of any zoning regulation
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon the developer of such property,
grant upon an application or an appeal relating to such property,
a variance from such strict application of such regulation so as to
relieve such difficulties or hardship;
2.
Where in an application or appeal relating to a specific piece of
property the purposes of this act would be advanced by a deviation
from the zoning ordinance requirements and the benefits of the deviation
would substantially outweigh any detriment, grant a variance to allow
departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq;
provided; however, that no variance from those departures enumerated
in subsection d of this section shall be granted under this subsection;
and provided further 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 has power to review
a request for a variance pursuant to N.J.S.A. C. 40:55D-60a.
D.
In particular cases and for special reasons grant a variance to allow
departure from regulations pursuant to N.J.S.A. 40:55D-62-68, 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 C. 40:55D-67
pertaining solely to a conditional use, (4) an increase in the permitted
floor area ratio as defined in C. 40:55D-4, (5) an increase in the
permitted density as defined in C. 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 (6) a height of
a principal structure which exceeds by 10 feet or 10% 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.
If an application for development requests one or more variances
but not a variance for a purpose enumerated in subsection d of this
section, the decision on the requested variance or variances shall
be rendered under subsection c of this section.
No variance or other relief may be granted under the terms 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 the purpose of the zone plan and zoning ordinance.
In respect of any airport hazard area delineated under the "Air Safety
and Hazardous Zoning Act of 1983, N.J.S. 6:1-80", no variance or other
relief may be granted under the terms of this Section permitting the
creation or establishment of a non-conforming use which would be prohibited
under the standards promulgated pursuant to that Act except upon issuance
of a permit by the Commissioner of Transportation. An application
under this Section 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 Zoning Board of Adjustment shall act.
[Amended 6-10-92 by Ord. No. 92-19]
E.
Grant to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to this chapter or conditional use approval pursuant to this chapter whenever the Board of Adjustment is reviewing an application for approval of a use variance pursuant to Subsection (d) above.
F.
Render advisory opinions regarding the interpretation, application
and enforcement of the Zoning Ordinance upon request of the Planning
Board, the Director of Planning and Engineering or his designee or
other township officials.
A.
Appeals to the Board of Adjustment may be taken by an interested
party affected by any decision of the Director of the Department of
Planning and Engineering or his designee(s) or the Zoning Officer
of the Township of East Brunswick, based on or made in the enforcement
of the Zoning Ordinance. Such appeal shall be taken within twenty
(20) days by filing a notice of appeal with the Director of the Department
of Planning and Engineering or his designee(s), specifying the grounds
of such appeal. The officer from whom the appeal is taken shall immediately
transmit to the Board all papers constituting the record upon which
the action appealed from was taken.
B.
An appeal to the Board of Adjustment shall stay all proceedings in
furtherance of the action in respect to which the decision appealed
from was made, unless the Manager of the Department of Planning and
Engineering, from whose action 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 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 upon due cause shown.
C.
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 Director of the Department of Planning and Engineering or his
designee(s), from whom the appeal is taken.
[Amended 6-10-92 by Ord. No. 92-19; deleted in its entirety 4-28-2014 by Ord. No. 14-04]
