[Amended 2-4-1974 by Ord. No. 1974-2; 1-17-1977 by Ord. No.
1977-1; 5-19-1980 by Ord. No. 1980-14]
A. A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven regular
members and two alternate members, said members to be residents of
the Township of Mount Laurel. The Township Council shall appoint the
regular and alternate members. The alternate members shall be designated
at the time of appointment by the Township Council as "Alternate Number
1" and "Alternate Number 2." The regular members shall be appointed
for four-year terms commencing January 1 of the year of their appointment,
and the alternate members shall be appointed for two-year terms commencing
from January 1 of the year of their appointment. The terms of the
members first appointed 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.
B. No member may hold any elective office or position
under the municipality.
C. No member of the Board of Adjustment shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest.
D. A member may, after public hearing if he requests
it, be removed by the governing body for cause.
E. A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
F. The Board of Adjustment shall elect a Chairman and
Vice Chairman from its members and select a secretary who may or may
not be a member of the Board of Adjustment or municipal employee.
G. Alternate members may participate in discussions of
the proceedings of the Zoning Board 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 Number 1 shall vote.
H. Nothing in this section shall be construed to affect
the term of any individual serving as a member of the Zoning Board
of Adjustment as of the date of the adoption of this section, said
members to continue in office until the completion of the term for
which they were appointed.
[Amended 3-17-1969 by Ord. No. 1969-1; 2-21-1972 by Ord. No.
1972-2; 3-5-1973 by Ord. No. 1973-2; 9-18-1989 by Ord. No.
1989-34; 4-19-1999 by Ord. No. 1999-2; 3-15-2010 by Ord. No.
2010-4]
A. The Board of Adjustment shall adopt rules in accordance with the
provisions of law and this chapter. Such rules shall include, but
shall not be limited to, the manner of filing appeals, the manner
of filing applications for special exceptions and variances from the
terms of this chapter and the manner of giving notice of public hearings.
Board meetings and public hearings shall be held, notices given and
appeals made to the Board or from decisions of the Board, as required
by Chapter 274, Public Laws of 1928 (N.J.S.A. 40:55-30 to 40:55-51),
as amended, and by any rules adopted hereunder.
B. All applications made to the Board of Adjustment for hearing and relief specified in §
154-102A(1),
(2),
(3) and
(4) shall be subject to fees as follows:
(1)
"A" variance (appeals from Zoning Officer Decision):
(a)
Application fee: $250; plus
(b)
Escrow: $500.
[Amended 10-2-2023 by Ord. No. 2023-10]
(2)
"B" variance (interpretation of Zoning Ordinance):
(a)
Application fee: $250; plus
(b)
Escrow: $750.
[Amended 10-2-2023 by Ord. No. 2023-10]
(3)
"C" variance (bulk variance):
(a)
Application fee: $250; plus
(b)
Escrow.
[Amended 10-2-2023 by Ord. No. 2023-10]
[1]
Associated with either a site plan or subdivision: $500 per
variance.
[2]
Sign escrow for applications that do not involve a site plan
or subdivision: $1,000. These fees are cumulative and are in addition
to site plan and/or subdivision fees.
[3]
Bulk variance for single-family residential property: flat $1,000.
The flat escrow fees for single-family detached homeowners pertain
only to simple applications involving no more than one Zoning Board
of Adjustment public hearing meeting. An applicant shall pay an additional
escrow fee for the second ZBA meeting that is equal to the initial
escrow fee, and he/she shall be responsible for professional reviews
required by the Zoning Board of Adjustment.
[4]
Nonresidential uses not involving a site plan or subdivision:
$1,000 per variance.
(4)
"D" variance (use variance):
(a)
Application fee: $250; plus
(b)
Residential escrow: $2,000; or
[Amended 10-2-2023 by Ord. No. 2023-10]
(c)
Nonresidential escrow: $5,000.
[Amended 10-2-2023 by Ord. No. 2023-10]
(d)
These fees are in addition to any other variance, site plan
or subdivision application and escrow fees.
(5)
Conditional use fees shall be as follows:
(a)
Application fee: $200; plus
(b)
Escrow: $500, plus any variance, subdivision, or site plan escrow
fees as applicable.
[Amended 10-2-2023 by Ord. No. 2023-10]
(6)
Publication of final decision fee shall be as follows: $40.
(7)
Submission of revised plans requires the applicant to also submit
additional escrow fees in the same amount as the initial escrow fee.
(8)
Submission of compliance plans requires the applicant to submit
an escrow fee of $1,000. This escrow is based on plans that satisfy
all conditions of approval. If the revised plans have not previously
been reviewed for compliance with conditions of approval, an escrow
fee equal to the initial escrow fee must be paid.
(9)
In the event that the time or expertise of the Zoning Board
professionals or the Mount Laurel Township Fire Official is utilized
in the review and interpretation of any other application, such applicant
shall be required to post an escrow equal to the amount of said obligation
incurred as a result of professional review of their application.
Any amounts placed into escrow shall be established in an escrow fund
to be placed with the Township Treasurer. Said funds shall be used
to pay the fees of any professional personnel employed to process,
review, inspect and make recommendation on said application(s).