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:
(a)
The name, address of the person making the request
and a brief statement or reference to the particular map, text or
decision which the applicant does not understand.
(b)
A brief statement of any peculiar need for such
interpretation as might affect a particular piece of property.
(3) Variance requests. Applicants must comply with the
following steps in order for an application to be deemed complete:
[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.
[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:
A. Notices shall be as specified in Subsections
B through
G of §
141-10 of Article
I of this chapter, at least 10 days prior to the date of the hearing.
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.
[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.