A.
A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven residents
of the Township appointed by the Township Council to 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.
Thereafter the term of each member shall be for four years. Nothing
in this chapter shall, however, be construed to affect the term of
any present member of the Zoning Board of Adjustment, all of whom
shall continue in office until the completion of the term for which
they were appointed.
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
term shall be filled for the unexpired term only.
D.
The Zoning Board of Adjustment shall, in addition
to its normal seven members, have two alternate members to be appointed
by the Township Council. The term of each alternate member shall be
two years. The Chairman of the Zoning Board of Adjustment shall designate
these members as Alternate No. 1 and Alternate No. 2, and they shall
serve in rotation during the absence or disqualification of any regular
member or members.
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and also shall select a Secretary
who may be either 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, 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 bylaws governing its procedural
operation and 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, not by way of
limitation, the authority, in connection with any case, action of
proceeding before the Board, to interpret and construe the provisions
of the Zoning Ordinance, or any term, clause, sentence or word thereof,
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 the Zoning Ordinance in accordance with the general or specific
rules contained herein, and with the general rules hereby laid down
that equity shall be done in cases where the strict construction of
the provisions of the Zoning Ordinance would work undue hardship.
The powers and duties of the Board having been delegated to and imposed
upon by statute, the Board shall in all cases follow the provisions
applicable to it in said N.J.S.A. 40:55D-1 et seq., 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.
A.
Appeals to the Board of Adjustment may be taken by
any person aggrieved, or by any officer, department, board, or bureau
of the municipality affected by any decision of the administrative
officer. Each appeal shall be taken within the 65 days prescribed
by the statute by filing a notice of appeal with the officer from
whom the appeal was taken, together with two copies of said notice
with the Secretary of the Board of Adjustment. Said notice of appeal
shall specify the ground 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. Two copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 14 days prior to the date set for hearing, the applicant shall also file eight copies of all plot plans, maps or other paper required by virtue of any provision of § 188-147 of this chapter. 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 of 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 case, 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 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 as ought to be made and to that end have
all the powers of the administrative officer from whom the appeal
was taken.
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 substantial
construction or alteration shall have been actually commenced on each
and every structure permitted by said variance, or unless such use
has actually been commenced, within one year from the date of entry
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.
The Board of Adjustment shall have such powers
as are granted by law to:
A.
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.
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 by the Zoning Ordinance
to pass.
C.
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, to 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 N.J.S.A. 40:55-60(a).
D.
Grant a variance to allow a structure or use in a
district restricted against such structure or use in particular cases
and for special reasons, but only by the affirmative vote of at least
2/3 of the full authorized membership of the Board.
E.
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. 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.
F.
No application for a variance or other relief requesting a change in density under this section prior to the submission of a site plan shall be considered unless the application for the desired variance or other relief is accompanied by an environmental impact report as prescribed by § 188-6 hereof.
A.
The Zoning Board of Adjustment shall be in addition to the powers specified in § 188-148 of this article have 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 permit pursuant to N.J.S.A. 40:55D-35
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 N.J.S.A. 40:55D-37
et seq. 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 § 188-146D of this chapter.
A.
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, or the submission of a complete
application for development to the Board pursuant to the provisions
of N.J.S.A. 40:55D-70(b).
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.
[1]
Editor’s Note: Former §188-151, Appeals, was repealed
8-13-2019 by Ord. No. O-19-35.
