A.
A Zoning Board of Adjustment is hereby established
which shall consist of seven regular members and two alternate members.
All members shall be residents of the Borough and shall be appointed
by the Council.
B.
Alternate members shall be designated at the time
of appointment by the Council as "Alternate No. 1" and "Alternate
No. 2."
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.
A.
Regular members. The term of each regular member shall
be four years. The terms of the members first appointed under this
chapter shall be so determined that, to the greatest extent practicable,
the expiration of such terms shall be distributed evenly over the
first four years after their appointment, provided that the initial
term shall not exceed four years.
B.
Alternate members. The term of each alternate member
shall be two years, except that the terms of the alternate members
shall expire in alternate years.
If a vacancy occurs other than by expiration
of a term, it shall be filled by appointment as above provided for
the unexpired term.
The Zoning Board of Adjustment shall elect a
Chairperson and Vice Chairperson from among its members and shall
also select a Secretary.
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 Borough 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 the amount appropriated by the Council for
its use.
[Added by Ord. No. 10-84; amended by Ord.
No. 16-97]
A.
The Zoning Board of Adjustment shall have the following
powers:
(1)
To hear and decide appeals where it is alleged by
the applicant 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.
(2)
To hear and decide requests for interpretation of
the Zoning Map or zoning ordinance, or for decisions upon special
questions upon which such Board is authorized by the zoning ordinance
to pass.
(3)
Variance from zoning requirements.
(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 Chapter 245, Zoning, of this Code would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, to 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.
(b)
Where, in an application or appeal relating to a specific piece of property, the purpose of N.J.S.A. 40:55D-1 et seq., the New Jersey Municipal Land Use Law, would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from regulations pursuant to Chapter 245 of this Code; provided, however, that no variance from those departures enumerated in Subsection A(4) 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 power to review a request for a variance pursuant to § 40-10G of this chapter.
(4)
Variance in particular cases.
(a)
In particular cases and for special reasons, to grant a variance to allow departure from regulations, pursuant to Chapter 245 of this Code, to permit:
[1]
A use or principal structure in a district restricted
against such use or principal structure.
[2]
An expansion of a nonconforming use.
[3]
Deviation from a specification or standard pursuant
to N.J.S.A. 40:55D-67, pertaining solely to a conditional use.
[4]
An increase in the permitted floor area ratio, as defined in N.J.S.A. 40:55D-4, § 40-3 of this chapter.
[5]
An increase in the permitted density, as defined in N.J.S.A. 40:55D-4, § 40-3 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.
[6]
A height of a principal structure which exceeds
by 10 feet or 10% the maximum height permitted in the district for
a principal structure.
(5)
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
on the Official Map.
(6)
To direct issuance of a permit, pursuant to N.J.S.A.
40:55D-35, for a building or structure not related to a street.
(7)
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 through 40:55D-59,[1] 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 Subsection A(4) of this section.
[1]
Editor's Note: N.J.S.A. 40:55D-59 was repealed
by L. 1983, c. 253.
B.
No variance or other relief may be granted under the provisions of Subsection A(1) through (4) of this section unless such variance or other relief can be granted without substantial detriment to the public good and shall not substantially impair the intent and purpose of the zone plan and zoning ordinance.
C.
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 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 the zoning ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for the approval in question, and the special vote, pursuant to Subsection A(4), shall not be required. Any application under any provision of 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.
[Added by Ord. No. 15-82; amended by Ord.
No. 10-84]
A.
Appeals to the Zoning Board of Adjustment may be taken
by any interested party. Each appeal shall be taken within the 20
days prescribed by N.J.S.A. 40:55D-72(a) by filing a notice of appeal
with the officer from whom the appeal was taken, together with three
copies of such notice with the Secretary of the Zoning Board of Adjustment.
Such notice of appeal shall specify the grounds of 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.
Application addressed to the original jurisdiction
of the Zoning Board of Adjustment, without prior application to an
administrative officer or the Planning Board, shall be filed with
the Secretary of the Zoning Board of Adjustment. 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 Zoning Board of Adjustment.
C.
An appeal to the Board 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/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
other 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.
D.
An appeal or application to the Zoning Board of Adjustment
shall be complete for purposes of commencing the applicable time period
for action by the Board when so certified by the Board or its authorized
designee. In the event that the Board or designee does not certify
the application to be complete within 45 days of the date of its submission,
the application shall be deemed complete upon expiration of the forty-five-day
period for purposes of commencing the applicable time period unless:
(1)
The application lacks information in the form and substance required by the checklist set forth at the end of this Subsection D for the particular type of application, which list of requirements and forms shall be provided to the applicant; and
(2)
The Zoning Board of Adjustment, or its designee, has notified the
applicant, in writing, of the deficiencies in the application within
45 days of submission of the application. The applicant may request
that one or more of the submission requirements be waived, in which
event the Zoning Board of Adjustment shall grant or deny the request
within 45 days. Nothing herein shall be construed as diminishing the
applicant's obligation to prove in the application process that (s)he
is entitled to approval of the application. The Zoning Board of Adjustment
may subsequently require correction of any information found to be
in error and submission of additional information not specified in
the chapter or any revisions in the accompanying documents as are
reasonably necessary to make an informed decision as to whether the
requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Zoning Board of Adjustment.
[Amended 11-26-2012 by Ord. No. 18-12]
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CHECKLIST
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|---|---|---|---|
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1.
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Application form, original and 13 copies with all items completed.
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2.
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Fee required by § 111-3H of this Code.
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3.
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If an appeal, copy of Zoning Officer's decision from which this
appeal is being taken.
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4.
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Certification of the Tax Collector that taxes have been paid.
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5.
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Original and 13 copies of plot plan, current survey and area
map. Must be ready for public inspection in administrative officer's
office 10 days before hearing. The original survey should be brought
to hearing. The plan must include the following:
| ||
|
(a)
|
Lot lines, with dimensions shown on a current survey prepared
by a licensed professional surveyor, engineer, architect or landscape
architect in the State of New Jersey;
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(b)
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Tax block and lot numbers;
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(c)
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Zone district;
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(d)
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Name of road or roads on which the property fronts;
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(e)
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Easements, rights-of-way, and zone boundaries;
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(f)
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Location of streams, lakes, and freshwater wetlands;
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(g)
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Topographical information;
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(h)
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Location of all existing buildings, proposed structures or changes
showing front, rear and side yard dimensions and distance from buildings
and accessory structures to property lines;
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|
(i)
|
Architectural elevations and floor plans, including structural
height, of proposed addition or new building;
| ||
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(j)
|
Building area allowed - draw lines showing required front, rear
and side yard setbacks;
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(k)
|
Location, arrangement and dimensions of parking area, driveway,
patios, etc.;
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|
(l)
|
Names of adjoining property owners with lot and block designations;
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(m)
|
Location of all buildings on all adjoining properties, including
setbacks;
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(n)
|
Zoning compliance chart.
| ||
|
6.
|
One copy of notice served, affidavit of service and list of
property owners served, together with certified mail receipts, if
applicable. Send or deliver to Administrative Office one week prior
to hearing.
| ||
|
The area map may be copied from the tax maps in the assessment
office. It must show the applicant's plot and the properties within
200 feet in outline, including properties outside the Borough, where
necessary. It must indicate lot and block numbers on each plot within
the two-hundred-foot area within or without the Borough.
| |||
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 make
such other requirement, decision or determination as ought to be made,
and to that end have all powers of the officer from whom the appeal
was taken.
The Zoning Board of Adjustment shall render its decision no later than 120 days after the date an appeal is taken from the decision of an administrative official, 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). In the event that the developer elects to submit separate consecutive applications in accordance with the provisions of § 40-21C, the aforesaid provisions 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.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this article. 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.
[1]
Editor's Note: Former § 40-26, Appeals to Council,
was repealed 6-14-2010 by Ord. No. 06-10.
[Added 6-28-1999 by Ord. No. 8-99]
If the Zoning Board of Adjustment lacks a quorum
because any of its regular or alternate members is prohibited from
acting on a matter due to the member's personal or financial interest
therein, the provisions of N.J.S.A. 40:55D-69.1 shall apply.
[Added 6-28-1999 by Ord. No. 8-99]
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 of 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 the report and resolution to the governing body and Planning Board.
