A. 
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven residents of the Township appointed by the Township Council to serve for terms of four years from January 1 of the year of their appointment.
B. 
There shall also be two alternate members 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 any elective office or position under the Township.
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.
The Board of Adjustment shall elect a Chairperson and Vice Chairperson from its members and shall also select a Secretary who may be either a Board member or another Township 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 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 Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body 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 chapter. 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.
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 chapter.
B. 
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, 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 chapter, 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 chapter 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 chapter 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 c. 291, P.L. 1975, or subsequent statutes in such cases 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 thereon.
A. 
Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the Township affected by any decision of the administrative officer. Each appeal shall be taken within the 20 days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with 12 copies of such notice with the Secretary of the Board of Adjustment. Such notice of appeal shall specify the grounds for 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.
[Amended 7-18-2000 by Ord. No. 2000-14]
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. Twelve 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 hearings, 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 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.
[Amended 7-18-2000 by Ord. No. 2000-14]
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 whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the 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.
In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provisions of c. 291, P.L. 1975, or amendments thereto or subsequent statutes applying, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
[Amended 3-1-2011 by Ord. No. 2011-01]
Any variance from the terms of Chapter 185, Zoning, hereafter 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 entry of the judgment or determination of the Board of Adjustment or Planning Board; except, however, that the running of the period of limitation herein provided shall be extended from the date of filing an appeal from the decision of the Board of Adjustment or Planning Board to the governing body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding; except, further, in the case of a variance which also involves a minor subdivision, major subdivision or site plan approval, the variance shall extend for the full period of the statutory protection of the minor subdivision, preliminary or final major subdivision or site plan approval or any extension thereof pursuant to the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The Board of Adjustment shall have such powers as are granted by law 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 the Zoning Chapter.
B. 
Hear and decide requests for interpretation of the map or Zoning Chapter or for decisions upon other special questions upon which the Board is authorized to pass by provisions in the Zoning Chapter.
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 the zoning 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 an appeal relating to such property, a variance from the 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 this chapter would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such regulations of the zoning chapter; provided, however, that no variance from those departures enumerated in N.J.S.A. 40:55D-70(d) 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 N.J.S.A. 40:55D-60(a) of the Municipal Land Use Law.
D. 
In particular cases and for special reasons, grant a variance to allow departure from regulations set forth in the zoning chapter to permit a use or principal structure in a district restricted against such use or 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. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
E. 
No variance or other relief may be granted under the provisions 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 chapter. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, N.J.S.A. 6:1-80 et seq., no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency other than the Planning Board for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 33-22 of this chapter, have power given by law 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; and
C. 
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 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 Subsection d of Section 57 of the Municipal Land Use Law (N.J.S.A. 40:55D-70). 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 approvals 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 185, Zoning. The number of votes of Board members required to grant any such subsequent approvals shall be as otherwise provided in this Act for the approval in question, and the special vote pursuant to the aforesaid Subsection d of Section 57 (N.J.S.A. 40:55D-70d) shall not be required.
A. 
The Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer, or of certification of completeness of an application for development to the Board of Adjustment in accordance with the provisions of § 33-33 of this chapter.
B. 
In the event that a developer elects to submit separate consecutive applications for a use variance and for approval of a subdivision, site plan or conditional use, the one-hundred-twenty-day provision shall apply to the variance application only; and the period for taking action on the subsequent application shall be as otherwise provided in this chapter.
C. 
The failure of the Board to render a decision within the applicable time period (120 days for variance applications and specified time periods as provided otherwise for other subsequent applications) or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant and shall comply with the provisions of § 33-39.
D. 
If an application for development is found incomplete, the developer shall be notified, in writing, of the deficiencies therein by the Board, or the Board's designee for the determination of completeness, within 45 days of the submission of such application or it shall be deemed to be properly submitted. When it has been determined by the Board, or the Board's designee for the determination of completeness, that an application meets all requirements specified in the ordinance and the rules and regulations of the Board, the Board Secretary shall immediately issue a certificate to the developer that the application is complete, and the application shall be deemed to be complete as of the day it was so certified, for the purposes of the commencement of the time periods for actions by the Board.
The 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 on 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 Board of Adjustment shall send copies of the report and resolution to the governing body and Planning Board.