The Board of Adjustment is hereby abolished, and all of the
powers and duties granted by law to the Board of Adjustment are hereby
transferred to the Planning Board pursuant to the authority established
in N.J.S.A. 40:55D-25c.
All references to "Board of Adjustment" contained in this chapter
or elsewhere in the Township Code shall be deemed to refer to the
Planning Board.
A.
Appeals to the Planning Board acting as 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 five copies of such notice
with the Secretary of the Planning Board. Such notice of appeal shall
specify the grounds for the 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
without prior application to an administrative officer shall be filed
with the Clerk of the Township. The appropriate number of copies of
the application as required by the checklist 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 or other papers required by virtue of any
provision of this chapter or any rule of the Planning Board. The applicant
shall obtain all necessary forms from the Secretary of the Board.
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 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 restraining order which may be granted by the Board
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 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.
Any variance from the terms or provisions of this chapter granted by any municipal agency shall expire by limitation unless the construction or alteration of any structure so authorized shall have been actually commenced on each and every structure so authorized or unless such permitted use has actually been commenced within one year from the publication of notice of adoption of the resolution of the municipal agency granting such variance; except, however, that the running of said period of limitation herein provided shall be tolled from the date of filing of an appeal from the decision of the municipal agency to the Township Council or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding or until the expiry of two years from the date of final approval of any site plan or subdivision sought as part of the application to the municipal agency for such variance. An applicant may request an extension of such period by application to the municipal agency on notice in accordance with the provisions of § 310-61.
A.
The Planning Board acting as the Board of Adjustment shall have such
powers as are granted by law to:
(1)
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 provisions of this chapter.
(2)
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 this act.
(3)
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 regulation
pursuant to the zoning provisions of this chapter would result in
peculiar and exceptional practical difficulties to, or exceptions
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; and
(b)
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 such regulations of the zoning provisions of this chapter;
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 N.J.S.A. 40:55D-70d shall be granted under this subsection.
(4)
In particular cases and for special reasons, grant a variance to
allow departure from regulations set forth in the zoning provisions
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.A.
40:55D-67 pertaining solely to a conditional use;
(d)
An increase in the permitted floor area ratio, as defined in
N.J.S.A. 40:55D-4;
(e)
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
(f)
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the district for a principal structure.
B.
A variance under this section shall be granted only by the affirmative vote of at least five members of the Board. If an application for development requests one or more variances, but not a variance for a purpose hereinabove enumerated, the decision on the requested variance or variances shall be rendered under Subsection A(3) of this section.
C.
No variance
or other relief may be granted under the terms of this section, 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 purpose of the Zone Plan and Zoning Ordinance.
In respect to any airport safety zones delineated under the Air Safety
and Zoning Act of 1983, N.J.S.A. 6:1-80 et seq., no variance or other
relief may be granted under the terms of this section permitting the
creation or establishment of a nonconforming 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
other than the Planning Board for its report, provided that such reference
shall not extend the period of time within which the Board shall act.[1]
The Board shall, in addition to the powers specified in § 310-24, have power given by law to:
A.
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.
B.
Direct issuance of permit pursuant to N.J.S.A. 40:55D-36 for a building
or structure not related to a street.
C.
Hear applications pursuant to N.J.S.A. 40:55D-68, seeking to establish
whether a specific use or structure is protected as a nonconforming
use or structure.
