[Amended 5-19-1980 by Ord. No. 1980-14]
A Zoning Board of Adjustment is established
pursuant to Section 13.2 of Ordinance No. 71-1[1] known as the "Administration of Government," and the composition
of the membership and the terms thereof of the Board of Adjustment
are set forth in said section.
A.
The Zoning Board of Adjustment shall have such powers
as are granted by law to:
(1)
Hear and decide, by majority vote, 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 this chapter.
(3)
Grant, by majority vote, a variance from the strict
application of the zoning regulations 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, except that if the applicant requires subdivision,
site plan or conditional use approval by the Planning Board, the request
for a variance under these circumstances shall be acted on by the
Planning Board in conjunction with the subdivision, site plan or conditional
use application, provided not more than one lot is involved in the
variance request. In no case shall a variance be granted under this
subsection to allow a structure or use in a district restricted against
such structure or use.
(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.
C.
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 Zoning Board of Adjustment
shall act.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 34-9 of this Article, have power given by law, to the same extent and subject to the same restrictions as the Planning Board, with respect to subdivision or site plan approval pursuant to Article 6 of P.L. 1975, c. 291,[1] 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 § 34-9A(4) of this chapter. In the event the Zoning Board has the power to grant subdivision, site plan or conditional use approval in conjunction with a use variance, the applicant shall submit to the Secretary of the Zoning Board of Adjustment the application forms, documents and maps required by the Planning Board for subdivision, site plan or conditional use applications. The Zoning Board shall refer any such application so submitted under this section to the Planning Board and the Site Plan Review Advisory Board with respect to site plans pursuant to Section 17b, P.L. 1975, c. 291.[2]
The Zoning Board of Adjustment shall render
its decision not later than 120 days after the date an appeal is taken
from the decisions of an administrative officer or 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-70(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.
Any variance from the terms of this chapter
hereafter granted by the Zoning 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 12 months from
the date of publication of notice of the decision; except, however,
that the running of the period of limitations herein provided shall
be tolled from the date of filing an appeal from the decision of the
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.
A.
Appeals to the Zoning Board of Adjustment may be taken
by any person aggrieved by the decision of an administrative officer.
Each appeal shall be taken within the 65 days prescribed by the statute
by filing a notice of appeal with the officer from whom the appeal
is taken, together with a copy of the notice and three copies of the
plans of the property with the Secretary of the Zoning Board of Adjustment.
Said notice of appeal shall specify the grounds for said appeal and
shall be in accordance with Section 1402 governing procedure as set
forth in the Zoning Ordinance of the Township of Mount Laurel. 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.
B.
Applications addressed to the original jurisdiction
of the Zoning Board of Adjustment without prior application to an
administrative officer shall be filed with the Secretary of the Zoning
Board of Adjustment. One copy of the application and three copies
of the plans of the property shall be filed. For the purpose of all
filings or other communications pertaining to the Zoning Board of
Adjustment of the Township of Mount Laurel, the Secretary of the Zoning
Board shall be the administrative officer of said Board, with the
sole exception being the obligation to furnish a list of property
owners. Submission of all applications shall be in accordance with
the procedure as set forth in the existing Zoning Ordinance and Land
Subdivision Ordinance. The only changes in procedure with respect
to said ordinances will be as required under the provisions of P.L.
1975, c. 291.[1] The applicant shall be notified within 45 days of submission
of his application whether it is complete or incomplete, and in the
absence of such notification, the submission shall be deemed to be
properly submitted.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
At the time of filing the appeal or application but
in no event less than 10 days prior to the date of the hearing, 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 Zoning
Board of Adjustment.
D.
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 steps to be taken to initiate
the proceedings and of the regular meeting dates of the Board.
