[1]
Editor's Note: Former § 27-9, Establishment; composition; vacancies, amended 10-20-1981 by Ord. No. 1981-7, was repealed 3-5-2020 by Ord. No. 2020-5.
A.
The powers of the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a 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.
[Amended 3-5-2020 by Ord. No. 2020-5]
B.
It is further the intent of this chapter to confer upon the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, but 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.
[Amended 3-5-2020 by Ord. No. 2020-5]
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 said P.L. 1975, c. 291, 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 thereon.
D.
If the Board lacks a quorum because of any of its regular or alternate members is prohibited by N.J.S.A. 55D-69 from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Consolidated Land Use Board of Mansfield Township shall be called upon to serve, for that matter only, as temporary members of the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning Board of Adjustment. The Class IV members of the Consolidated Land Use Board of Mansfield Township shall be called upon to serve, in order of seniority of continuous service to the Consolidated Land Use Board of Mansfield Township, until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Consolidated Land Use Board of Mansfield Township shall make the choice.
[Added 8-15-1992 by Ord. No. 1992-12; 3-5-2020 by Ord. No. 2020-5]
[Amended 9-15-1987 by Ord. No. 1987-14; 10-20-1987 by Ord. No. 1987-20; 7-27-1989 by Ord. No. 1989-11; 3-5-2020 by Ord. No. 2020-5]
A.
Appeals to the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning Board of Adjustment may be taken by any interested party. Each appeal shall be taken within the 20 days prescribed by the statute by filing a notice of appeal containing the information required by § 27-30.4 of this chapter. Said notice of appeal shall be filed with the officer from whom the appeal was taken, and three copies of the same shall be filed with the Deputy Township Clerk. The officer from whom the appeal is taken shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
B.
Applications addressed to the original jurisdiction of the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning Board of Adjustment without prior application to an administrative officer shall be filed with the Deputy Township Clerk. Twelve copies of the application shall be filed at the time of filing the appeal or application, but in no event less than 15 business days prior to the date set for hearing. The applicant shall also file all plat plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning Board of Adjustment. The applicant shall obtain all necessary forms from the Deputy Township Clerk, who 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 whom the appeal is taken certifies to the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning 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 cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning 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.
[Amended 3-5-2020 by Ord. No. 2020-5]
In exercising the above-mentioned power, the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning 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 3-5-2020 by Ord. No. 2020-5]
Any variance from the terms of this chapter hereafter granted by the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire 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 publication of the notice of the judgment or determination of the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning Board of Adjustment to the governing body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
[Amended 8-13-1992 by Ord. No. 1992-12; 3-5-2020 by Ord. No. 2020-5]
A.
The Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning Board of Adjustment shall have such powers as are granted by law to:
(1)
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 official or agency based on or made in the enforcement of the Zoning Ordinance.
(2)
Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.
(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 in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application, 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 Consolidated Land Use Board of Mansfield Township of a subdivision, site plan or conditional use in conjunction with which the Consolidated Land Use Board of Mansfield Township shall review a request for a variance pursuant to the Section 47a of the Municipal Land Use Law of 1975, c. 291, P.L. 1975.
(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 the 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 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 Ordinance. Any application under any subsection of this section must be referred to the Consolidated Land Use Board of Mansfield Township for its report, provided that this report must be rendered within 30 days. The Consolidated Land Use Board of Mansfield Township shall submit its report to the Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning Board of Adjustment within 30 days of the receipt of the referral of the matter to it.
[Amended 8-13-1992 by Ord. No. 1992-12; 3-5-2020 by Ord. No. 2020-5]
A.
The Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning Board of Adjustment shall, in addition to the powers specified in § 27-18 of this article and in N.J.S.A. 40:55D-34 and 40:55D-36, have the power given by law to grant, to the same extent and subject to the same restrictions as the Consolidated Land Use Board of Mansfield Township, subdivision or site plan approval pursuant to Article 6 of P.L. 1975, c. 291, 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 Article II, § 27-18A(4), of this chapter. Any application under this subsection must be referred to the Consolidated Land Use Board of Mansfield Township for its report, provided that this report must be rendered within 30 days of its referral.
B.
The Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning Board of Adjustment shall not exercise the powers otherwise granted by N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 if the proposed development requires approval by the Consolidated Land Use Board of Mansfield Township of a subdivision, site plan or conditional use in conjunction with which the Consolidated Land Use Board of Mansfield Township has the power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60.
A.
The Consolidated Land Use Board of Mansfield Township, when the Planning Board is sitting as a Zoning 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 not later than 120 days after the date of the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70b.
[Amended 3-5-2020 by Ord. No. 2020-5]
B.
Failure of the Board to render a decision within such 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.