If a vacancy occurs other than by expiration
of 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 and an Assistant Secretary, who may be a Board
member or a Township employee.
The Zoning Board of Adjustment may annually
appoint and, subject to the appropriation of funds, 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 Township 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 Zoning Board of Adjustment shall not authorize
expenditures which exceed, exclusive of gifts and grants, the amount
appropriated by the Township Council for its use.
[Amended by Ord. No. 2000-18]
The Zoning Board of Adjustment shall have the
following powers:
A. 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 Chapter
355, Zoning.
B. To hear and decide requests for interpretation of the Zoning Map or Chapter
355, Zoning, or for decisions upon special questions upon which such Board is authorized by the Chapter
355, Zoning, to pass.
C. 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
355, Zoning, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner 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; 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 further 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 N.J.S.A.. 40:55D-60a.
D. Variances.
(1) In particular cases and for special reasons, to grant a variance to allow departure from regulations, pursuant to Chapter
355, Zoning, 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.
(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.
(2) A variance under this Subsection
D shall be granted only by affirmative vote of at least five members.
E. 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.
F. 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.
G. 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, 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
D of this section.
(1) No variance or other relief may be granted under the provisions of Subsections
A through
D of this subsection 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 Chapter
355, Zoning.
(2) 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 Chapter
355, Zoning. 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
D, above, shall not be required. Any application under any provision of this subsection 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.
H. To adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this section and Chapter
355, Zoning.
I. 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.
J. Whenever any application for a variance pursuant to
N.J.S.A. 40:55D-70d is made to Zoning Board of Adjustment, whether
or not accompanied by a site plan, subdivision, or other land development
application, the Board shall refer such application to its duly appointed
professional planner for a report with respect to the impact of the
application on the Township Master Plan and the criteria set forth
in N.J.S.A. 40:55D-70d and, where appropriate, N.J.S.A. 40:55D-76b.
Such report shall be submitted to the Board for its consideration
prior to action on the application. The cost of such report shall
be covered by the applicant as for other professional review fees
pursuant to the Municipal Land Use Law.
[Added 9-15-2004 by Ord. No. 2004-20]
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-70b. In the event that the developer elects to submit separate consecutive applications in accordance with the provisions of §
37-18G, 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.