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 Borough of Closter appointed by the Mayor and subject to confirmation
by the 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.
[Amended 1-3-1994 by Ord. No. 1993:663]
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. The vacancy shall
be filled by appointment by the Mayor subject to confirmation by the
Council.
[Added 4-23-1979 by Ord. No. 1979:348; amended 4-21-1980 by Ord. No. 1980:372]
B.
The term of office of each of the alternate members
shall be for two years, except that the initial terms of such alternate
members shall be one year and two years, as designated by the appointing
authority. Alternate members shall be designated at the time of appointment
by the authority appointing them as "Alternate No. 1" and "Alternate
No. 2." Alternate members shall be appointed by the same appointing
authority as regular members.
C.
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.
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
proceedings before the Board to interpret and construe the provisions
of this chapter or any term, clause, sentence or word 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 rules 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 20 days
prescribed by statute by filing a notice of appeal with the officer
from whom the appeal was taken, together with three 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.
[Amended 4-21-1980 by Ord. No. 1980:372; 1-3-1994 by Ord. No. 1993:663]
B.
Applications addressed to the original jurisdiction
of the Board of Adjustment without prior application to the Construction
Official shall be filed with the Secretary of the Zoning Board of
Adjustment. One copy 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 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 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 or her that, by reason of facts stated in the certificate,
a stay would, in his or her 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 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 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 Construction Official 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 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:
(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 pursuant to Article 8 of this Act[3]would result in peculiar and exceptional practical difficulties
to or exceptional and undue hardship under 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, including a variance for a
conditional use; 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 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 shall review a request for a variance pursuant to N.J.S.A. 40:55D-60.
[Amended 4-21-1980 by Ord. No. 1980:372]
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(4)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Chapter 173, Subdivision of Land and Site Plan Review, including but not limited to allowing a structure or use in a district restricted against such structure or use, but only by affirmative vote of at least five members.
[Amended 4-21-1980 by Ord. No. 1980:372]
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.
A.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 35-24 of this Article, have power given by law to:
(1)
Direct the 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 the issuance of a permit, pursuant to N.J.S.A.
40:55D-36, for a building or structure not related to a street
[Amended 1-3-1994 by Ord. No. 1993:663]
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
P.L. 1975, c. 291,[1] or conditional use approval pursuant to N.J.S.A. 40:55D-67,
whenever the proposed development requires approval by the Board of
Adjustment of a variance pursuant to of N.J.S.A. 40:55D-70d. 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 by the 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 Ordinance.[2] The number of votes of Board members required to grant
any such subsequent approval shall be as otherwise provided for the
approval in question, and the special vote shall be pursuant to the
aforesaid N.J.S.A. 40:55D-70d.
[Amended 4-21-1980 by Ord. No. 1980:372]
A.
Whenever an application for development requests relief
pursuant to N.J.S.A. 40:55D-76b, the 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 administrative officer
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.
[Amended 4-21-1980 by Ord. No. 1980:372]
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.
[Added 11-22-1993 by Ord. No. 1993:659]
Pursuant to N.J.S.A. 40:55D-10.3, applicants
before the Board of Adjustment must submit their application complete
with the information set forth as follows.[1]
[1]
Editor's Note: The application checklist is included at the end of this chapter.
