A.
A Board of Adjustment is hereby established, which
shall consist of seven regular members and two alternate members.
All regular and alternate members shall be residents of the Township
of Morris and shall be appointed by the governing body. Alternate
members shall be designated at the time of appointment by the governing
body as "Alternate No. 1" and "Alternate No. 2." 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, in the case of regular members, evenly over
the first four years after their appointment and, in the case of alternate
members, evenly over the first two years after their appointment,
provided that the initial term of no regular member shall exceed four
years and that the initial term of no alternate member shall exceed
two years. Thereafter, the term of each regular member shall be four
years, and the term of each alternate member shall be two years. 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.
[Amended 2-13-1980 by Ord. No. 4-80[1]]
[1]
Editor's Note: This ordinance also repealed
original § 57-14D of the 1969 Code, concerning alternate
members, added 4-25-1979 by Ord. No. 17-79.
B.
No member of the Board of Adjustment may hold any
elective office or position under the Township.
C.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
The Board of Adjustment shall elect a Chairperson
and Vice Chairperson from its members and shall also select a Secretary
who shall be a municipal employee.
There is hereby created the office of Attorney
for the Board of Adjustment. The Board of Adjustment may annually
appoint and fix the compensation of or agree upon the rate of compensation
of the Board of Adjustment Attorney, who shall be an attorney other
than the Municipal Attorney or the Planning Board Attorney, and within
the appropriation made by the Township Committee.
The 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 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A.
The powers of the 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 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 Chapter 95, Zoning, or any term, clause, sentence or word thereof, 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 Chapter 95, Zoning, 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 Chapter 95, Zoning, 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 the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) 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 interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of Chapter 95, Zoning, or the Official Map. Each appeal shall be taken within the 20 days prescribed by N.J.S.A. 40:55D-72a by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds of said 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 2-13-1980 by Ord. No. 4-80]
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 Board of Adjustment.
Ten 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 hearing, the applicant shall also file 10 prints
of the plot plans, maps or other papers required by virtue of any
provision of this chapter or any rule of the Board of Adjustment;
provided, however, that in those cases in which site plan approval
will be granted by the Board of Adjustment, the applicant shall also
file one reverse line sepia print. The applicant shall obtain all
necessary forms from the Secretary of the 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.
C.
An appeal stays all proceedings in furtherance of
the action in respect to 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 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 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 the
Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), or amendments
thereto or subsequent statutes applying thereto, reverse or affirm
wholly or partly or may modify the order, requirement, decision or
determination appealed from and make such other requirements, decision
or determination as ought to be made, and to that end have all the
powers of the officer from whom the appeal was taken.
A.
The 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 official based on, or made in the enforcement of, Chapter 95, Zoning.
(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 Chapter 95, Zoning, 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 regulations so as to relieve such difficulties or hardship, including a variance for a conditional use; 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 N.J.S.A. 40:55D-60a.
[Amended 2-13-1980 by Ord. No. 4-80]
(4)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Chapter 95, Zoning, including but not limited to allowing a structure or use in a district restricted against such structure or use, but only by affirmative vote of at least five members.
[Amended 2-13-1980 by Ord. No. 4-80]
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 purposes of the zone plan and Chapter 95, Zoning. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.
A.
The Board of Adjustment shall, in addition to the powers specified in § 57-23 of this article, have power given by law to:
(1)
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.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
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 N.J.S.A. 40:55D-37 through 40:55D-59, inclusive, 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 § 57-23A(4) of this chapter. 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 Chapter 95, 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 § 57-23A(4) shall not be required.
[Amended 2-13-1980 by Ord. No. 4-80]
[Amended 2-13-1980 by Ord. No. 4-80]
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 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 § 57-24B, 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 Board of Adjustment to act within the period prescribed shall constitute approval of the application.
