A.
The Zoning Board of Adjustment is authorized to adopt
bylaws governing its procedural operation. It shall also have the
following powers and duties:
(2)
To hear and decide requests for interpretation of the Zoning Map or Chapter 160, Zoning, or Chapter 161, Zoning Modifications and Additional Requirements, or for decisions upon other special questions upon which the Board is authorized to pass by Chapter 160, Zoning, or Chapter 161, Zoning Modifications and Additional Requirements.
(3)
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 in Chapter 160, Zoning, or Chapter 161, Zoning Modifications and Additional Requirements, 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 such strict application of such regulation so as to relieve such difficulties or hardship; or where, in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-2, would be advanced by a deviation from the requirements of Chapter 160, Zoning, or Chapter 161, Zoning Modifications and Additional Requirements, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations of Chapter 160, Zoning; provided, however, that no variance from those departures enumerated in § 15-3A(4) shall be granted under this Subsection A(3); 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 N.J.S.A. 40:55D-60a.
(4)
In particular cases and for special reasons, grant
a variance to allow departure from regulations pursuant to Article
8 of the Municipal Land Use Law, N.J.S.A. 40:55D-62 et seq., to permit
a use or principal structure in a district restricted against such
use of principal structure; an expansion of a nonconforming use; deviation
from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining
solely to a conditional use; an increase in the permitted floor area
ratio as defined in N.J.S.A. 40:55D-4; 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; height of a principal
structure which exceeds by 10 feet or 10% the maximum height permitted
in the district for a principal structure. A variance under this subsection
shall be granted only by affirmative vote of at least five members
of the Zoning Board of Adjustment.
(5)
Direct the 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)
Direct the issuance of a permit pursuant to N.J.S.A.
40:55D-36 for a building or structure not related to a street.
(7)
Grant, to the same extent and subject to the same
restrictions as the Planning Board, subdivision, general development
plan, or site plan approval pursuant to N.J.S.A. 40:55D-37 et seq.
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 N.J.S.A. 40:55D-70d. 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 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[1] for the approval in question, and the special vote pursuant
to N.J.S.A. 40:55D-70d shall not be required.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
No variance or other relief may be granted under the provisions of Subsections A(1), (2), (3) or (4) of this § 15-3, 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 Evesham Township Zone Plan and Chapters 160, Zoning, and 161, Zoning Modifications and Additional Requirements. Any application under any subsection of this section may be referred to any appropriate person or agency for its report, provided that such references shall not extend the period of time within which the Zoning Board of Adjustment shall act.
C.
Any municipal variance approval which grants relief
from the density or lot area requirements set forth in the RG-1 and
RG-2 Zones shall require that Pinelands development credits be used
for all dwelling units or lots in excess of that otherwise permitted
without the variance.
D.
Any municipal variance or other approval for the development
of a nonresidential use not otherwise permitted in the RG-1 or RG-2
Zones located in the Pinelands Area shall require that Pinelands development
credits be used at 50% of the maximum rate permitted for Pinelands
development credit use in the zone in which the nonresidential use
will be located for parcels under 10 acres in size; at 75% of the
maximum rate for parcels between 10 and 20 acres in size; and at 100%
of the maximum rate for parcels over 20 acres in size. This requirement
shall not apply to a variance or other approval which authorizes the
expansion of or changes to existing nonresidential uses in accordance
with N.J.A.C. 7:50-5.2.
[Amended 8-7-2001 by Ord. No. 16-5-2001]
E.
Any variance or other approval for a residential use
in that portion of the OP Zone located in the Pinelands Area shall
require that Pinelands development credits be used for 50% of the
authorized units for parcels under 10 acres in size; for 75% of the
authorized units for parcels between 10 and 20 acres in size; and
for 100% of the authorized units for parcels over 20 acres in size.
[Added 8-7-2001 by Ord. No. 16-5-2001]
A.
Appeals to the Board of Adjustment may be taken by any interested party affected by a decision of a Township official based on or made in the enforcement of Chapter 160, Zoning, or Chapter 161, Zoning Modifications and Additional Requirements. Each appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal was taken, together with three copies of said notice with the Director of Community Development. Such notice of appeal shall specify the grounds for said appeal. The official from whom the appeal is taken shall immediately transmit all the papers constituting the record upon which the action appealed from was taken to the Director of Community Development.
C.
At the time of filing the appeal or application but
in no event less than 20 days prior to the date set for the hearing,
the applicant shall also file all relevant plans, maps or other papers.
The applicant shall obtain all necessary forms from the Secretary
of the Board of Adjustment. The Secretary of the Board of Adjustment
shall inform the applicant of the steps to be taken to initiate proceedings
and of the regular meeting dates of the Board. The applicant shall
file the required fees in accordance with the fee schedule and standards
adopted by the Township Council by ordinance.
D.
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 official from whose decision the
appeal is taken certifies to the Board of Adjustment, after the notice
of appeal shall have been filed with the official, that by reason
of facts stated in the certificate a stay would, in the official's
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 official from whom the appeal is
taken and on due cause shown.
E.
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 powers of the administrative officer from whom the appeal
was taken.
Any variance from the terms of Chapter 160, Zoning, or Chapter 161, Zoning Modifications and Additional Requirements, granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or a specified use of any premises shall expire unless such construction, alteration or use shall have been actually commenced on or in each and every structure permitted by said variance within one year from the date of authorization by the Board of Adjustment and is diligently pursued to completion; except, however, that the running of this period shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding; provided, however, that if any variance is granted as part of a site plan or subdivision approval, the expiration of the variance shall occur upon the expiration of the site plan or subdivision approval.
A.
The Board of Adjustment shall render its decision
not later than 120 days after the date that:
B.
Failure of the Board of Adjustment to act within such
period of 120 days or within such further time as may be consented
to by the applicant shall constitute approval of the application.
In the event that the Board fails to so act on a complete application
for development, the administrative officer shall issue a certificate,
on request to 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 Clerk for purposes of filing
subdivision plats.
