A.
Pursuant to the provisions of P.L. 1975, c. 291, Section
56,[1] the Zoning Board of Adjustment, also known as the "Board
of Adjustment," is hereby continued and established and shall consist
of seven members. The members of the Board of Adjustment as of the
date of this chapter shall continue to be such members until such
time as their respective terms have terminated.
[1]
Editor's Note: See N.J.S.A. 40:55D-69.
B.
The members of the Board of Adjustment shall be appointed
by the Township Committee. The terms of the members first appointed
under this chapter 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. Thereafter, the term
of each member shall be four years. No member may hold any elective
office or position under the township. No member shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest. A member may, after public hearing
if he request it, be removed by the Township Committee for cause.
A vacancy occurring otherwise than by expiration of a term shall be
filled for the unexpired term only.
C.
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.
A.
The Board of Adjustment shall have the power to:
(1)
Hear and decide appeals where it is alleged by the
appellant that there is an error in any order, requirement, decision
or refusal made by the Construction Code Official based on or made
in the enforcement of the articles of this chapter.
(2)
Hear and decide in accordance with the provisions
of the zoning articles of this chapter, requests for interpretation
of the Zoning Map or zoning articles of this chapter or for decisions
upon other special questions upon which such Board is authorized to
pass by the zoning or Official Map articles of this chapter.
(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 VII of this chapter 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 appeal relating to such property, a variance from such strict application of such regulation 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 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 § 253-26A(1) of this chapter.
(4)
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 an affirmative vote of at least
2/3 of the full authorized membership of the Board.
B.
No variance or other relief may be granted under the terms 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. An application under this section may be referred to any appropriate person or agency, including the Planning Board pursuant to § 253-59F of this chapter, for its report, provided that such reference shall not exceed the period of time within which the Zoning Board of Adjustment shall act. An application under this section shall comply with all requirements for the structure and/or use set forth for the district permitting such structure and/or use.
The Board of Adjustment may employ or contract
for and fix the compensation of legal counsel, other than the Municipal
Attorney, a licensed planning consultant, a licensed engineer and
other staff and services as it shall deem necessary, not exceeding,
exclusive of gifts or grants, the amount appropriated by the Township
Committee for its use.
A.
Appeals to the Board of Adjustment may be taken by
any interested party affected by any decision of the Construction
Officer of the township based on or made in the enforcement of the
Zoning Ordinance or Official Map. Such appeal shall be taken within
65 days by a notice of appeal with the Construction Officer specifying
the grounds of such appeal. 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.
B.
A developer may file an application for development
with the Board of Adjustment for action under any of its powers without
prior application to the Construction Officer.
C.
If an application for development is filed with the
Board of Adjustment, whether or not an appeal from a decision of the
Construction Officer is also taken, the applicant shall submit three
copies of his completed application to the Secretary of the Board
of Adjustment. The time for the Board's review shall not begin to
run until the submission of a complete application with the required
fee. Unless the applicant is informed in writing by the Secretary
of the Board of Adjustment within 45 days of the actual submission
of the application that it is incomplete, said application shall be
deemed complete as of the date it was submitted.
D.
A complete application for development under this
article shall consist of the following:
(1)
A properly completed variance information application
form.
(3)
If subdivision and/or site plan and/or conditional use approval is also sought as part of an application for a variance pursuant to § 253-53A(2) of this chapter, the applicant shall also include the information and documents required pursuant to the provisions of § 253-33B of this chapter.
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 have
all the powers of the Construction Official from whom the appeal is
taken.
An appeal to the Board of Adjustment shall stay
all proceedings in furtherance of the action in respect to which the
decision appealed from was made unless the Construction Official from
whose action 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 other than by an order of the Superior Court upon
notice to the officer from whom the appeal is taken and on due cause
shown.
A.
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 Articles IV and V of this chapter or conditional use approval whenever the Board of Adjustment is reviewing an application for approval or a variance pursuant to § 253-53A(4) of this chapter.
C.
Whenever an application for development requests relief pursuant to Subsection B of this section, 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 Secretary of the Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Secretary of the Board of Adjustment as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
D.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285, in the case of a subdivision, or Section 8 of P.L. 1968, c. 285,
in the case of a site plan,[1] the Board of Adjustment shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the Planning Board by failure to report thereupon within the required
time.
[1]
Editor's Note: See N.J.S.A. 40:27-6.3 and
40:27-6.6.
E.
An application under 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.
F.
The Board of Adjustment shall refer any application
for subdivision or site plan approval under this section to the Planning
Board for its report before it takes final action thereon. Such reference
shall not extend the time for action by the Board of Adjustment, whether
or not the Planning Board has submitted its report. Whenever the Planning
Board shall have made a recommendation regarding the matter authorized
by this chapter to the Board of Adjustment, such recommendation may
be rejected only by a majority of the full authorized membership of
the Board of Adjustment.
[Added 8-10-1982 by Ord. No. O-17-82]
In the Pinelands Area, the procedures and notification requirements of Article VII of this chapter shall also apply.
