[Adopted as § 2-19 (Ord. No. 269) of the 1970
Revised General Ordinances]
[Amended by 6-24-1998 by Ord. No. 547; Ord. No. 298]
A.
A Zoning Board of Adjustment is hereby created, pursuant
to N.J.S.A. 40:55D-69 et seq., which shall consist of seven members,
who shall each serve for a period of four years from January 1 of
the year of the appointment. They shall be appointed by the Mayor,
with the consent of the Council. The terms of 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. This article shall not affect
the term of any present member of the Zoning Board of Adjustment,
each of whom shall continue in office until the completion of the
term for which he was appointed.
B.
There shall also be two alternate members appointed
by the Mayor with the consent of the Council who shall be designated
at the time of appointment as "Alternate No. 1" and "Alternate No.
2." Of the alternates first appointed one shall be appointed for a
two-year term and one shall be appointed for a one-year term. Thereafter,
the term of each such alternate member shall be two years.
C.
No member or alternate member of the Zoning Board
of Adjustment may hold an elective office or position under the Borough.
D.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
E.
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.
F.
All regular and alternate members of the Zoning Board
of Adjustment shall be citizens of the Borough of Alpine.
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and select a Secretary, who may
or may not be a member of the Board of Adjustment or a 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 Borough Council 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 article. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provision of the County and Municipal
Investigations Law of 1953, N.J.S.A. 2A:67A-1 et seq., shall apply.
The following 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 article.
B.
It is further the intent of this article 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 or proceeding
before the Board, to interpret and construe the provisions of this
article, 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 article 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
this article 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
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.
The following shall apply:
A.
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the Borough based upon or made in the enforcement of Chapter 220, Zoning, or the Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal was taken, specifying the grounds of the appeal and filing six copies of a notice of appeal with the Secretary of the Board of Adjustment. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
[Amended 12-17-2003 by Ord. No. 629]
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.
Six copies 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 hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provision of
this article 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 whose action the appeal is taken certifies
to the Board of Adjustment, after the notice of appeal shall have
been filed with him, 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 an
order of the Superior Court of New Jersey upon notice to the officer
from whom the appeal is taken and on due cause shown.
The 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 to that end shall
have all the powers of the administrative officer from whom the appeal
is taken.
[Amended 3-24-2004 by Ord. No. 631]
Any variance 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 the written resolution of the Board of Adjustment approving
the variance or from the date of publication of the approval of the
variance, whichever is later. The running of the period of limitation
herein provided, however, shall be tolled from the date of filing
an appeal from the decision of the Board of Adjustment to the Borough
Council or to a court of competent jurisdiction until the termination
in any manner of such appeal or proceeding. This time limitation
shall also apply to variances granted by the Planning Board of the
Borough of Alpine. The one-year time period shall commence from the
date of the written resolution of the Planning Board approving the
variance or from the date of publication of the approval of the variance
whichever is later.
[Amended by Ord. No. 304]
The Board of Adjustment shall have the power
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 officer based on or made in the enforcement of Chapter 220, Zoning.
B.
Hear and decide, in accordance with the provisions
of any such ordinance, requests for interpretation of Zoning Map or
chapter or for decisions upon other special questions upon which the
Board is authorized to pass by any such ordinance.
C.
Where by reason of exceptional narrowness, shallowness, shape of a specific piece of property, exceptional topographic conditions or any other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation pursuant to Chapter 220, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant upon an application or an appeal relating to such property a variance from strict application of such regulation so as to relieve such difficulties or hardship, including a variance for a conditional use; provided 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 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 § 35-20F.
D.
In particular cases and for special reasons, grant a variance to allow departure from regulations, pursuant to Chapter 220, Zoning, 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 of the full authorized membership. No variance or other relief may be granted under the terms of this article unless 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 Chapter 220, Zoning. An application made under this subsection may be referred to any appropriate person or agency, including the Planning Board, pursuant to § 35-20E, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
[Amended by Ord. No. 304]
The Zoning Board of Adjustment in addition shall
have the power 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 a permit, pursuant to N.J.S.A.
40:55D-36, for a building or structure not related to a street.
C.
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-10, 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 § 35-10D. 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 Chapter 220, Zoning. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq., for the approval in question, and the special vote, pursuant to the aforesaid § 35-10D, shall not be required.
[Amended by Ord. No. 304]
The Board of Adjustment shall render a decision
no later than 120 days after the date:
A.
An appeal is taken from the decision of an administrative
officer; or
B.
The submission of a complete application for development
to the Board, pursuant to the provisions of N.J.S.A. 40:55D-70(b);
or
C.
A complete application for development for relief, pursuant to § 35-11C, is submitted to the Board, and in the event the developer elects to submit separate consecutive applications, the one-hundred-twenty-day time period shall apply to the application for approval of the variance and the period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. Failure of the Board to render a decision within the 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.
