A.
There has been established a Zoning Board of Adjustment consisting
of seven members and four alternate members appointed by the City
Common Council pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-69
et seq.
B.
Regular members. The City of Summit Zoning Board of Adjustment regular
members and alternate members shall be residents of the City of Summit,
appointed by the Common Council.
C.
No member of the Zoning Board of Adjustment may hold any elective
office or position under the municipality.
The regular members of the Zoning Board of Adjustment shall
serve for terms of four 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 years
after their appointment, provided that the initial term of no member
shall exceed four years. Nothing in this chapter shall, however, be
construed to affect the terms 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.
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
A member may, after public hearing if he/she requests one, be
removed by the City Common Council for cause. A vacancy occurring
other than by expiration of term shall be filled for the unexpired
term only.
The Zoning Board of Adjustment shall annually elect a Chairperson
and Vice Chairperson from its members and a Secretary, who may or
may not be a member of the Board or a municipal employee.
Alternate members shall be appointed for a term of two years,
and at the time of their appointments shall be designated Alternate
No. 1, Alternate No. 2, Alternate No. 3 and Alternate No. 4, respectively.
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 members
shall vote in the order of their numerical designations.
The Zoning Board of Adjustment may annually appoint an attorney
at law of New Jersey, other than the Municipal Attorney, and experts
and other staff and services as it shall deem necessary, not exceeding,
exclusive of gifts and grants, the amount appropriated by the Common
Council for its use.
A.
Members of the Zoning Board of Adjustment shall not act on or participate
in any way in any matter in which they have any personal or financial
interest, either directly or indirectly (N.J.S.A. 40:55D-69).
B.
If the Zoning Board of Adjustment lacks a quorum because its regular
or alternate members are prohibited by N.J.S.A. 40:55D-69 from acting
on a matter due to the member's personal or financial interest, Class
IV members of the Planning Board shall be called upon to serve, for
that matter only, as temporary members of the Zoning 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 is the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest. If a choice has to be made between Class IV members of equal
seniority, the Chairperson of the Planning Board shall make the choice.
A.
The Zoning Board of Adjustment shall have the following powers and
duties, as granted by law:
1.
Appeals. 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 administrative officer, based on or made in the enforcement
of the Development Regulations Ordinance.
2.
Interpretations. Hear and decide requests for interpretation of the
Zoning Map or Ordinance or for decisions upon other special questions
upon which such Board is authorized to pass by any zoning or Official
Map ordinance in accordance with the MLUL.
3.
Bulk and dimensional variances.
a.
Where 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 zoning regulation
would result in peculiar and exceptional practical difficulties to
or exceptional and undue hardship upon the developer of such property,
the Board may 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; or
b.
Where in an application or appeal relating to a specific piece of
property the purposes of zoning set forth in N.J.S.A. 40:55D-2 would
be advanced by a deviation from the Zoning Ordinance requirements
and the benefits of the deviation would substantially outweigh any
detriment, the Board may grant a variance to allow departure from
such zoning requirements; 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 Subsection A4 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 the power to review a request for
a variance pursuant to N.J.S.A. 40:55D-60a.
4.
Use and other variances. In particular cases and for special reasons,
the Board may grant a variance to allow departure from zoning regulations
to permit a use or principal structure in a district restricted against
such use or principal structure; an expansion of a nonconforming use;
deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67
pertaining solely to a conditional use; an increase in the permitted
floor area ratio as defined in N.J.S.A. 40:55D-4; 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 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.
5.
No variance or other relief may be granted under the terms of this
subsection, including a variance or other relief involving an inherently
beneficial use, 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 zoning ordinance.
B.
Relief not enumerated in Subsection A4 above to be decided under
Subsection A3. If an application for development requests one or more
variances but not a variance for a purpose enumerated in Subsection
A4 of this section, the decision on the requested variance or variances
shall be rendered under Subsection A3 of this section.
C.
Referral of application to other agencies. 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.
D.
Additional powers. The Zoning Board of Adjustment shall have the
following additional powers:
1.
To 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 pursuant to N.J.S.A. 40:55D-32.
2.
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for
a building or structure not related to a street.
3.
To grant to the same extent and subject to the same restrictions
as the Planning Board, subdivision or site plan approval or conditional
use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed
development requires approval by the Zoning Board of Adjustment of
a variance pursuant to § 35-3.9A4 of this chapter. 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 grant of all required subsequent
approvals of a site plan or subdivision by the Zoning Board of Adjustment.
No such subsequent approval shall be granted unless such approval
can be granted without substantial impairment to the public good and
without substantial impairment to the intent and purpose of the zone
plan and Zoning Ordinance. 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 N.J.S.A. 40:55D-70d shall not be required.
A.
Zoning Board of Adjustment applications without prior application
to administrative officer. A developer may file an application for
development with the Zoning Board of Adjustment for action under any
of its powers without prior application to the administrative officer.
B.
Time and procedure for appeal. Appeals to the Board of Adjustment
may be taken by any person aggrieved or by an officer, department,
board or bureau of the municipality affected by any decision of the
administrative officer. Each appeal shall be taken within the 20 days
prescribed by the statute by filing a notice of appeal with the officer
from whom the appeal was taken, together with 14 copies of said notice
with the administrative officer. Said notice of appeal shall specify
the grounds of 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.
C.
Board powers on appeals. Upon appeal, the Board of Adjustment may,
in conformity with the provisions of N.J.S.A. 40:55D-1 et seq. 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.
D.
Stay of proceedings by filing of appeal. 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/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 otherwise
than by a restraining order of the Superior Court of New Jersey on
application or notice to the officer from whom the appeal is taken
and on due cause shown.
E.
Time of decision. The Board of Adjustment shall render its decision
not later than 120 days after the date an appeal is taken from the
decision of an administrative officer. Failure of the Board to render
a decision within such 120-day period from the date the application
is determined to be complete, or within such further time as may be
consented to by the applicant, shall constitute a decision favorable
to the applicant.
F.
Consecutive applications. Whenever an application for development
requests relief pursuant to § 35-3.9A4 of this chapter,
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 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 120-day 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. Failure of
the Zoning Board of Adjustment to act within the period prescribed
shall constitute approval of the application, and a certificate of
the administrative officer as to the failure of the Zoning Board of
Adjustment to act shall be issued on receipt of a written request
of the applicant. It shall be sufficient in lieu of the written endorsement
or other evidence of approval herein required and shall be so accepted
by the county recording officer for purposes of filing subdivision
plats.
The applicant and any successor in interest shall be responsible
for installing and maintaining all required improvements. All conditions
of approval reflected in the memorializing resolution of approval
must be maintained in perpetuity.
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.
The Zoning Board of Adjustment shall, at least once a year,
review its decisions on appeals and applications for variances and
prepare and adopt by resolution a report of its findings on zoning
ordinance provisions which were the subject of variance requests and
its recommendations for zoning ordinance amendment(s) or revision(s),
if any. The Zoning Board of Adjustment shall send copies of the report
and resolution to the Common Council and the Planning Board.
