[Ord. No. 2-79 § 501; Ord. No. 1-80 § 17]
The Zoning Board of Adjustment of seven residents of the Township
heretofore established pursuant to P.L. 1975, Chapter 291 (N.J.S.
40:55D-1 and following) is hereby continued. In addition to the aforesaid
seven regular members, the Board shall also have two alternate members.
No member of the Zoning Board of Adjustment shall hold any elective
office or position under the municipality.
Members and alternate members of the Board shall be appointed
by the Township Committee.
Alternate members shall be designated by the Township Committee
at the time of appointment as "Alternate No. 1" and "Alternate No.
2". Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. 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 No.
1 shall vote.
[Ord. No. 2-79 § 502; Ord. No. 1-80 § 18]
The term of office of a regular member of the Zoning Board of
Adjustment shall be four years, provided that this provision shall
not affect the term of office of any present member of the Board who
shall serve until the completion of the term for which he was appointed.
The term of office of an alternate member shall be two years,
provided that this provision shall not affect the term of office of
any present alternate member of the Board who shall serve until the
completion of the term for which he was appointed.
All terms of office shall run from January 1 of the year in
which the appointment is made.
[Ord. No. 2-79 § 503]
If a vacancy shall occur otherwise than by expiration of term,
it shall be filled by appointment for the unexpired term.
[Ord. No. 2-79 § 504]
The Zoning Board of Adjustment shall elect a chairman and a
vice chairman from its members and select a secretary who may or may
not be a member of the Board or a municipal employee.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence of or disqualification of a
regular member. 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
No. 1 shall vote.
[Ord. No. 2-79 § 505]
The office of Zoning Board of Adjustment Attorney is hereby
continued. The Zoning Board of Adjustment may annually appoint and,
subject to the appropriation of funds, fix the compensation of the
Zoning Board of Adjustment Attorney, who shall be an attorney other
than the Township Attorney or the Planning Board Attorney.
[Ord. No. 2-79 § 506]
The Zoning Board of Adjustment may employ or contract for the
services of experts and other staff and services as it may deem necessary.
The Board shall not, however, exceed the amount appropriated by the
Township Committee for its use, exclusive of gifts or grants.
[Ord. No. 2-79 § 507]
The Zoning Board of Adjustment shall adopt such rules and regulations
as may be necessary to carry into effect the provision and purposes
of this chapter.
[Ord. No. 2-79 § 508]
The Zoning Board of Adjustment shall have the following powers.
[Ord. No. 2-79 § 508.1]
To 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 officer based on or made in the enforcement
of the Zoning Regulations of the Township as contained in this chapter.
[Ord. No. 2-79 § 508.2]
To 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.
[Ord. No. 2-79 § 508.3; Ord. No. 1-80 § 19; Ord. No. 20-84 § 14]
a.
Where 1. by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, or 2. by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or 3. 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 zoning regulation
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon the developer of such property,
to grant upon application or appeal relating to such property a variance
from such strict application of such regulation so as to relieve such
difficulties or hardship.
b.
Where in an application or appeal relating to a specific piece of
property the purposes of the Municipal Land Use Law, N.J.S. 40:55D-1
and following, would be advanced by a deviation from the requirements
of the provisions of Article 7, Zoning Regulations, and the benefits
of the deviation would substantially outweigh any detriment, to grant
a variance to allow departure from such zoning regulations.
No departure from the zoning regulations enumerated in Subsection 30-47.4 below shall be granted under the authority of this Subsection 30-47.3.
No variance shall be granted by the Zoning Board of Adjustment under this Subsection 30-47.3 if the proposed development requires 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 Subsection 30-28.4.
[Ord. No. 2-79 § 508.4; Ord. No. 1-80 § 20; Ord. No. 20-84 § 15]
In particular cases and for special reasons, to grant a variance
to allow departure from regulations pursuant to Article 7 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. 40:55D-67
pertaining solely to a conditional use;
d.
An increase in the permitted floor area ratio as defined in Article
2 of this chapter; or
e.
An increase in the permitted density as defined in Article 2 of this
chapter 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.
A variance under this section shall be granted only by the affirmative
vote of at least five members of the Zoning Board of Adjustment.
[Ord. No. 2-79 § 508.5]
No variance or other relief may be granted under the provisions of Subsections 30-47.1 through 30-47.4 above 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.
[Ord. No. 2-79 § 508.6]
To direct the issuance of a permit pursuant to N.J.S. 40:55D-34
for a building or structure in the bed of a mapped street or public
drainage way flood control basin or public area reserved on the official
map.
[Ord. No. 2-79 § 508.7]
To direct the issuance of a permit pursuant to N.J.S.A. 40:55D-35
for a building or structure not related to a street.
[Ord. No. 2-79 § 508.8; Ord. No. 1-80 § 21]
To grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S. 40:55D-37 through 59 or conditional use approval pursuant to R.S. 40:55D-67, whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to Subsection 30-47.4.
The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning regulations. The number of votes of board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid Subsection 30-47.4 shall not be required.
[Ord. No. 2-79 § 508.9; Ord. No. 20-84 § 16]
Any application under any paragraph of this § 30-47 may be referred to any appropriate person or agency, including the Planning Board, for a report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
[Ord. No. 2-79 § 509.1; Ord. No. 1-80 § 22; Ord. No. 26-90 § 2]
Appeals to the Zoning Board of Adjustment may be taken by any
interested party affected by any decision of an administrative officer
of the Township based on or made in the enforcement of the Land Development
Ordinance or official map. Such appeal shall be taken within 20 days
by filing a notice of appeal with the officer from whom the appeal
is taken specifying the grounds of such appeal. At the same time,
10 copies of such notice shall be filed with the Board Manager of
the Zoning Board of Adjustment. The officer from whom the appeal is
taken shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
[Ord. No. 2-79 § 509.2; Ord. No. 24-81 § 5; Ord. No. 26-90 §§ 2, 3]
Applications addressed to the original jurisdiction of the Zoning
Board of Adjustment, without prior application to an administrative
officer, shall be filed with the Board Manager of the Zoning Board
of Adjustment. Three copies of the application shall be filed. At
the time of filing the appeal or application, but in no event less
than 10 days prior to the date set for hearing, the applicant shall
also file all plot plans, maps and other papers required by virtue
of any provision of this chapter or any rule of the Zoning Board of
Adjustment.
An applicant shall obtain all necessary forms from the Board
Manager of the Zoning Board of Adjustment, who shall inform the applicant
of the steps to be taken to institute proceedings and of the meeting
dates of the Board.
Every application for development filed with the Zoning Board
of Adjustment shall be accompanied by a certification from the Tax
Collector that all taxes and assessments for local improvements on
the property have been paid through the most recent installment date.
[Ord. No. 2-79 § 509.3]
An appeal to the Zoning Board of Adjustment shall stay all proceedings
in furtherance of the action in respect of which the decision appealed
from was made, unless the officer from whom the appeal is taken certifies
to the Zoning 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 otherwise than by a
restraining order which may be granted by the Zoning 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.
[Ord. No. 2-79 § 510; Ord. No. 1-80 § 23; Ord. No. 8-86 § 12; Ord.
No. 26-90 § 2]
Whenever an application for development requests relief pursuant to Subsection 30-47.8, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Board Manager of the Zoning Board of Adjustment, or within such further time as may be consented to by the applicant.
In the event that the developer elects to submit separate consecutive
applications, the aforesaid provision shall apply to the application
for approval of the variance. The period for granting or denying any
subsequent approval shall be as otherwise provided in this chapter
or in the Municipal Land Use law.
Failure of the Zoning Board of Adjustment to act within the
period prescribed shall constitute approval of the application, and
a certificate of the Board Manager of the Board of Adjustment as to
the failure of the Board to act shall be issued upon the request of
the applicant and shall be sufficient in lieu of the written endorsement
or other evidence of approval herein required, and such certificate
shall be so accepted by the County recording officer for purposes
of filing subdivision plats.
Whenever the applicant wishes to claim approval of his application
for development by reason of the failure of the Zoning Board of Adjustment
to grant or deny approval within the applicable time period, the applicant
shall comply with the procedural requirements of N.J.S. 40:55D.
[Ord. No. 2-79 § 510A; Ord. No. 9-79 § 6; Ord. No. 1-80 § 24]
A member of the Zoning Board of Adjustment who was absent from
one or more of the meetings at which a hearing was held shall be eligible
to vote on the matter upon which the hearing was conducted notwithstanding
his absence from one or more of the meetings, provided that such member
has available to him the transcript or recording of all of the hearing
from which he was absent and certifies in writing to the Board that
he has read such transcript or listened to such recording.
[Ord. No. 2-79 § 511; Ord. No. 9-79 § 25]
The Zoning 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 may make such other
requirement, decision or determination as should be made in its opinion,
and to that end the Board shall have all the powers of the administrative
officer from whom the appeal was taken.
[Ord. No. 2-79 § 512; Ord. No. 10-80 § 1]
Any variance hereafter granted by the Zoning 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 year from
the date of entry of the determination of the Zoning Board of Adjustment;
provided, however, that the running of the period of limitation hereby
established shall be tolled from the date of the filing of an appeal
from the decision of the Zoning Board of Adjustment to the Township
Committee or to a court of competent jurisdiction until the termination
in any manner of such appeal or proceeding.
Whenever any variance hereafter granted by the Zoning Board of Adjustment or the Planning Board is related to subdivision or site plan approval, such variance shall remain in effect so long as the related final subdivision or final site plan approval remains in effect in accordance with the provisions of Subsection 30-61.5d, whereupon such variance 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.
[Ord. No. 2-79 § 513]
Whenever review or approval of the application by the County
Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Board
of Adjustment shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board or approval by the County Planning Board by its failure to report
thereon within the required time.
[Ord. No. 2-79 § 514]
An application under this article may be referred to any appropriate
person or agency, including the Planning Board, pursuant to Section
17 of P.L. 1975, Chapter 291 for its report; provided that such reference
shall not extend the period of time within which the Zoning Board
of Adjustment shall act.
[Ord. No. 98-024 § 3; Ord. No. 2000-023 § 3]
Each application for development pending before the Planning Board or the Board of Adjustment which involves removal of trees as defined in Chapter 22, Protection of Trees, shall be referred to the Tree Protection Committee for review and comment.
[Ord. No. 2-79 § 515]
The final disposition of any matter by the Board shall require the concurring vote of a majority of a quorum except as provided in Subsection 30-47.4 and as provided in N.J.S. 40:55D-32 and 34.
[Ord. No. 8-86 § 13]
The Zoning Board of Adjustment shall, at least once a year,
review its decisions on applications and appeals for variances and
prepare and adopt by resolution a report on its findings on zoning
ordinance provisions which were the subject of variance requests and
its recommendations for zoning ordinance amendment or revision, if
any. The Zoning Board of Adjustment shall send copies of each report
and resolution to the Township Committee and Planning Board.
