A.
Establishment. The Zoning Board of Adjustment, having
been duly established according to law, is hereby continued pursuant
to the provisions of N.J.S.A. 40:55D-69, Zoning Board of Adjustment.
B.
Membership.
(1)
The seven members, after being duly appointed by the
governing body, shall each continue to fulfill the four-year appointment
until expiration, reappointment or resignation, as applicable, and
each reappointment or new appointment shall be for the same four-year
terms.
[Amended 1-14-1981 by Ord. No. 80-38]
(2)
There may be not more than two alternate members designated by the Township Committee at the time of their appointment as "Alternate No. 1" and "Alternate No. 2," for terms not to exceed two years, the first year of appointment for one being for one year only to facilitate expiration dates on alternate years, such alternate members being members insofar as the provisions, hereinbelow, of Subsections B(3), (4) and (5) are concerned.
[Added 1-14-1981 by Ord. No. 80-38]
(3)
A member may, after public hearing if such member
requests it, be removed by the Township Committee for cause; a vacancy
occurring other than at the end of a term shall be filled for the
unexpired term only.
(4)
No member may hold any elective office or position
under the Township.
(5)
No member shall be permitted to act on any matter
in which such member has, either directly or indirectly, any personal
or financial interest.
C.
Organization. The Board of Adjustment shall elect
a Chairperson and Vice Chairperson from its members and select a Secretary
who may or may not be a member of the Board of Adjustment or a Township
employee.
A.
The Board of Adjustment shall have the power to:
(1)
Hear and decide appeals where it is alleged by an appellant that there is error in any order, requirement, decision or refusal made by the Construction Official based on or made in the enforcement of those provisions in Article VII herein.
(2)
Hear and decide, in accordance with the zoning regulations
herein, requests for interpretation of the Zoning Map, Official Map
(if one exists) and articles of this chapter.
(3)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographical conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation pursuant to Article VII of this 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 such strict application of such regulation 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 Section 47a of the Municipal Land Use Law (N.J.S.A. 40:55D-60a), as amended.
[Amended 1-14-1981 by Ord. No. 80-38]
(4)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article VII of this chapter, including but not limited to allowing a structure or use in a district restricted against such structures or use, but only by affirmative vote of at least five of the seven authorized members.
[Added 1-14-1981 by Ord. No. 80-38]
B.
No variance or other relief may be granted under the
terms 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 the purpose of the zone plan
and the zoning regulations of this chapter.
(1)
An application under this section for a use variance shall be referred to the Planning Board for their study and recommendations, pursuant to § 141-24C, before decision by the Board of Adjustment. Such referral shall be made whether or not an applicant includes a request for subdivision, site plan or conditional use approval.
(2)
Upon referral the Planning Board shall study the proposed
use in light of the probable impact of such uses on the zoning plan
for the particular area and surrounding areas involved. Due consideration
shall be given to the comprehensive zoning scheme as provided for
in the Master Plan and Zoning Code, as amended. In the event that
site plan, subdivision or conditional use approval is sought, the
Planning Board will also make separate recommendations respecting
such relief.
(3)
Other applications to the Board of Adjustment under
Section 57d of the Municipal Land Use Law (N.J.S.A. 40:55D-70d), as
amended, but not involving use variances may be referred to the Planning
Board for its study and recommendations, provided that subdivision,
site plan or conditional use application or relief are requested of
the Board of Adjustment incident to a variance under this section.
(4)
These referrals shall not extend the period of time
within which the Board of Adjustment is obligated to act.
(5)
When an application for a use variance is referred
by the Board of Adjustment, pursuant to Subsection D(1) here and above,
it shall be the duty of the Board of Adjustment to refer, in writing,
said application to the Planning Board before the public hearing by
the Board of Adjustment. The report of the Planning Board shall be
submitted, in writing, to the Zoning Board of Adjustment. The Secretary
of the Zoning Board of Adjustment shall mail copies of that report
to applicant and objectors, if any be known. Said report shall be
mailed at least 10 days prior to the public meeting. The Chairperson
or designee of the Planning Board shall testify at the Zoning Board
of Adjustment public meeting regarding the Planning Board's report
and shall be subject to examination by any interested party or person.
Whenever the Planning Board makes recommendations under this section
to the Zoning Board of Adjustment, such recommendations may be rejected
only by the majority of the full authorized membership of the Zoning
Board of Adjustment in accordance with N.J.S.A. 40:55D-26b.
The Board of Adjustment may employ, or contract
for, and fix the compensation of legal counsel, other than the Municipal
Attorney, and other experts and other staff and services as it shall
deem necessary, but not exceeding, exclusive of gifts and grants,
the amount appropriated by the Township Committee for its use.
[Amended 1-14-1981 by Ord. No. 80-38]
A.
Appeals to the Board of Adjustment may be taken by
any interested party affected by any decision of the Administrative
Officer, Construction Official or other Township officer based on
or made in the enforcement of the regulations contained in this chapter
or the Official Map, if one exists. Such appeal shall be taken within
20 days by filing a notice of appeal with the officer from whom the
appeal is taken, specifying the grounds of such appeal. The officer
from whom the appeal is taken shall immediately transmit to the Board
of Adjustment all the papers constituting the record upon which the
action appealed from was taken.
B.
A developer may file an application for development
with the Board of Adjustment for action under any of its powers without
prior application to the Construction Official.
C.
If an application for development is filed with the
Board of Adjustment, whether or not an appeal from a decision of an
Administrative Officer is also taken, the applicant shall submit 10
copies of the completed application to the Administrative Officer.
The time period for the Board's review shall not begin to run until
the submission of a complete application with the required fee. Unless
the applicant is informed, in writing, by the Administrative Officer
within 45 days of the actual submission of the application that it
is not complete, said application shall be deemed to be complete as
of the date submitted.
D.
Appeals, requests for interpretation or requests for a variance or conditional use, pursuant to § 141-92 hereinabove, to be complete applications, shall consist of at least the following as a minimum:
(1)
Appeals, where it is alleged that an error has been
made by the Administrative Officer, shall include:
(a)
Name, address and location with description
of the property concerning which the appeal is taken.
(b)
A concise statement of the facts, including:
[1]
The article, section and subsection of the regulations
of this chapter under which application was submitted to the Administrative
Officer, including a copy of such application;
[2]
The applicant's understanding of the decision
or ruling which he or she received and from which the appeal is taken;
and
[3]
A statement of the basis upon which appeal is
taken.
(c)
The harm, inconvenience or loss which the applicant,
in his or her opinion, has suffered as result of the action from which
appeal is taken.
(2)
Interpretation of the regulations of this chapter,
Official Map, if one exists, Zoning Map or decision upon special question
and the request shall be in writing and shall include:
(3)
Variance requests. Applicants must comply with the
following steps in order for an application to be deemed complete:[1]
[Amended 8-9-1989 by Ord. No. 89-32]
(a)
Step 1: Schedule an appointment with the Zoning
Officer to determine what type of variance (relief from the Zoning
Regulations) is necessary.
(b)
Step 2: Fill out a petition of appeal and make
12 copies (Exhibit 1).
(c)
Step 3: Determine and pay the appropriate fee.
(d)
Step 4: Request, in writing, a list of property
owners within 200 feet of the property seeking variance (Exhibit 2).
(e)
Step 5: Provide a survey or drawings to illustrate
your case before the Board. Include accurate measurements, property
dimensions and, if helpful, photos. Provide 12 copies of the survey
or drawings. Multiple photos are not necessary (Exhibit 7).
(f)
Step 6: When the completed petition of appeal
is returned and the fee is paid, the Zoning Officer will assign a
hearing date.
(g)
Step 7: Contact the zoning office for a list
of property owners within 200 feet of the property seeking variance.
(List will usually be ready within one week.)
(h)
Step 8: Notify each property owner on the list
of the hearing date and the reason for the hearing (Exhibit 3). [NOTE:
You can use only certified mail, registered mail or hand delivery,
which can only be made to family members age 14 or older. Regular
mail is not acceptable.]
(i)
Step 9: Fill out an affidavit of service and
have it notarized (Exhibit 4). [Please staple a copy of the list of
property owners served and a sample of the notice sent to the property
owners.]
(j)
Step 10: Advertise the hearing date and the
reason for the hearing in one of the following newspapers: Courier
Post, Inquirer or Community News (Exhibit 5). [NOTE: The advertisement
only has to be run for one day.]
(k)
Step 11: Obtain a proof of publication from
the newspaper you advertised in (Exhibit 6).
(l)
Step 12: All of the above must be completed
and returned to the zoning office 14 days prior to the hearing. Failure
to comply may result in your application not being heard by the Zoning
Board of Adjustment.
[1]
Editor's Note: Exhibits 1 through 7 referred
to in this subsection are on file in the Clerk's office.
[Amended 1-14-1981 by Ord. No. 80-38]
The Board of Adjustment, pursuant to the provisions of Article I, § 141-8A through I, of this chapter, shall fix a reasonable time and place for public hearings on any appeal or request for variance under § 141-92 hereinabove, and give notice thereof as follows:
B.
In addition, the Secretary of the Board of Adjustment
shall send a copy of such notice to the Planning Board or, if the
Planning Board is holding the hearing in lieu of the Board of Adjustment,
the Secretary of the Planning Board shall send a copy of the notice
to the Board of Adjustment at least 10 days prior to the date of the
hearing.
Unless otherwise specified by the Board granting
a variance, the variance shall expire if the applicant fails to obtain
a construction permit or a use and occupancy permit, as applicable,
within six months from the date of authorization thereof.
[Amended 1-14-1981 by Ord. No. 80-38]
The Board of Adjustment or Planning Board, as
applicable, shall consider the following when receiving a request
for a variance:
A.
Where a variance is sought under § 141-92C
hereinabove, pursuant to Section 57c of the Municipal Land Use Law,
as amended (N.J.S.A. 40:55D-70c):
(1)
That there is exceptional narrowness, shallowness
or shape of the property.
(2)
That there is some exceptional topographic condition.
(3)
That there are other extraordinary and exceptional situations or conditions such that the strict application of any particular regulation pursuant to Article VII of this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, and provided that:
(a)
Such exceptional and undue hardship has not
been created by the applicant.
(b)
The variance, if granted, will not alter the
essential character of the neighborhood or district in which the property
is located or substantially or permanently impair the appropriate
use or development of adjacent property or be detrimental to the public
welfare.
(c)
The variance, if granted, will represent the
minimum relief that will achieve its purpose, as well as be the least
modification possible of the particular regulation at issue.
(d)
The variance shall be considered strictly on its own merits without reference to similar situations or variances which may have been granted or denied previously, and further provided that either Board may, if granting the variance, attach such conditions as are necessary to assure that the general purpose and intent of the regulations of Article VII of this chapter are complied with, which regulations may include but shall not be limited to harmonious design of buildings, plantings and their maintenance and the minimizing of noxious, offensive or hazardous elements.
B.
Where a variance is sought under § 141-92D
of this chapter, pursuant to Section 57d of the Municipal Land Use
Law, as amended (N.J.S.A. 40:55D-70d), the standards of evaluation
shall be as set forth in the provisions of these particular sections
of the law.
A.
The Board of Adjustment or Planning Board, as applicable,
pursuant to Section 57 of the Municipal Land Use Law (N.J.S.A. 40:55D-70),
shall render a decision not later than 120 days after the date:
[Amended 1-14-1981 by Ord. No. 80-38]
B.
Failure of such Board to render a decision within
such specified time period, or within such further time as may be
consented to in writing by the applicant, shall constitute a decision
favorable to the applicant.
[Amended 1-14-1981 by Ord. No. 80-38]
The Board of Adjustment may reverse or affirm,
wholly or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from and to that end shall
have all the powers of the Administrative Officer, Construction Official
or other Township official from whom the appeal is taken.
[Amended 1-14-1981 by Ord. No. 80-38]
An appeal to the Board of Adjustment shall stay
all proceedings in furtherance of the action in respect to which the
decision appealed from was made, unless the officer from whose action
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 case, proceedings
shall not be stayed other than by an order of the Superior Court upon
notice to the officer from whom the appeal is taken and on due cause
shown.
[Amended 1-14-1981 by Ord. No. 80-38]
A.
Sections 59 through 62 of the Municipal Land Use Law,
as amended (N.J.S.A. 40:55D-72 through 55D-75), shall apply to the
power of the Board of Adjustment to:
(1)
Direct issuance of a permit, pursuant to Section
25 of the Municipal Land Use Law (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 pursuant to Section 23
of said law (N.J.S.A. 40:55D-32); or
(2)
Direct issuance of a permit pursuant to Section
27 of the Municipal Land Use Law (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 Articles V and VI, of this chapter, or conditional use approval, pursuant to Section 54 of the Municipal Land Use Law (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, as amended (N.J.S.A. 40:55D-70). The developer may elect to submit a separate application for 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 zoning regulations of Article VII herein. 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, as amended, for the approval in question, and the special vote pursuant to the aforesaid Subsection d, of said law (N.J.S.A. 40:55D-70), shall not be required. In the event that the developer elects to submit separate consecutive applications, the 120 days' time provision (§ 141-98A herein) 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. Whenever a referral is made to the Planning Board, as required by § 141-92D(1) of this chapter, and the developer seeks separate approvals of the use variance and then site plan, subdivision or conditional use relief, the Board of Adjustment shall refer the matter to the Planning Board at each stage of the separate and subsequent approval process, in accordance with the provisions of § 141-92D(2) of this chapter.
C.
Whenever there is a requirement of review and approval
of the application by Camden County, the Board of Adjustment shall
condition any approval upon timely receipt of a favorable report on
the application by the Camden County Planning Board.
