A.
A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven residents
of the Borough of Riverdale appointed by the Mayor and confirmed by
the governing body to serve for terms of four years 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 evenly over the first
four years after their appointment, provided that the initial term
of no member shall exceed four years. Thereafter the term of each
member shall be for four years. Nothing in this chapter shall, however,
be construed to affect the term of any present member of the Zoning
Board of Adjustment, all of whom shall continue in office until the
completion of the term for which they were appointed.
B.
No member of the Zoning Board of Adjustment may hold
any elective office or position under the Borough.
C.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
D.
Alternate members may be appointed to the Board of
Adjustment and shall be designated at the time of their appointment
as "Alternate No. 1" and "Alternate No. 2." The term of alternate
members first appointed shall be distributed evenly over the first
two years. Thereafter, 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.
[Added 10-3-1983 by Ord. No. 10-83]
E.
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.
[Added 10-3-1983 by Ord. No. 10-83]
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall also select a Secretary
who may be either a Board member or another municipal employee.
There is hereby created the Office of Attorney
to the Zoning Board of Adjustment. The Zoning Board of Adjustment
may annually appoint, fix the compensation of or agree upon the rate
of compensation of the Zoning Board of Adjustment Attorney, who shall
be an attorney other than the Municipal Attorney.
The Zoning 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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A.
The powers of the Zoning Board of Adjustment shall
be in accordance with N.J.S.A. 40:55D-70 et seq. and amendments and
supplements thereto and with the provisions of this chapter.
B.
Variances.
[Amended 4-1-1985 by Ord. No. 4-85]
(1)
Where by reason of exceptional narrowness, shallowness
or shape of a specific piece of property, or by reason of extentional
topographic conditions, or physical features uniquely affecting a
specific piece of property, or by reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structure
existing thereon, the strict application of any regulation pursuant
to Article 8 of the Act[1] would result in peculiar and exceptional practical difficulties
to, or exceptional and undue hardships upon, the developer of such
property, grant, upon application or an appeal relating to such property,
a variance from such strict application of such regulation so as to
relieve such difficulties or hardships; and where in an application
or appeal relating to a specific piece of property the purpose of
the Act would be advanced by a deviation from the Zoning Ordinance
requirements and the benefit of the deviation would substantially
outweigh any detriment, grant a variance to allow departure from regulations
pursuant to Article 8 of the Act; provided, however, that no variation
from those departures enumerated in Section 57d of the Act[2] shall be granted under this subsection; and provided further
that the proposed development does not require approval by the Planning
Board if a subdivision, site plan or conditional use in conjunction
with which the Planning Board has power to review a request for a
variance pursuant to Subsection 47a of the Act.[3]
(2)
In particular cases and for special reasons, the Board
may grant a variance to allow departure from regulations pursuant
to Article 8 of the Act[4] to permit a use or principal structure in a district restricted
against such use of principal structure, an expansion of a nonconforming
use, deviation from a specification or standard pursuant to Section
54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67), pertaining solely to
a conditional use, an increase in the permitted floor area ratio as
defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4), an
increase in the permitted density as defined in Section 3.1 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-4), except as applied to the required
lot or lots for detached one- or two-dwelling unit buildings which
lot or lots are either an isolated undersized lot or lots resulting
from a minor subdivision. A variance under this subsection shall be
granted only by affirmative vote of at least five members, in the
case of a municipal board, or 2/3 of the full authorized membership,
in the case of a regional board pursuant to Article 10 of this Act.[5]
(3)
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 Zoning Ordinance.[6] In respect of any airport hazard areas delineated under
the Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260
(N.J.S.A. 6:1-80 et seq.) no variance or other relief may be granted
under the terms of this section permitting the creation or establishment
of a nonconforming use which would be prohibited under the standards
promulgated pursuant to that act except upon issuance of a permit
by the Commissioner of Transportation. An application under this section
may be referred to any appropriate person or agency for its report:
provided that such reference shall not extend the period of time within
which the Zoning Board of Adjustment shall act.
A.
Appeals to the Zoning Board of Adjustment may be taken
by any person aggrieved, or by an officer, department, board or bureau
of the municipality affected by any decision of the 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 was taken, together with copies of said notice with
the Administrative Officer. Said notice of appeal shall specify the
grounds for 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.
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 an Administrative Officer. 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. Four 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 all plot plans, maps or other papers required by virtue
of any provision of this chapter or any rule of the Board of Adjustment.
The applicant shall obtain all necessary forms from the Administrative
Officer. The Administrative Officer 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 of which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Zoning 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 case, 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.
Public notice on any application for variances
shall be given in accordance with N.J.S.A. 40:55D-12.
In exercising the above mentioned power, the
Board of Adjustment may, in conformity with the provisions of P.L.
1975, c. 291, or amendments thereto or subsequent statutes applying
reverse or affirm wholly or partly or may modify the order, requirement,
decision or determination appealed from, and make such other requirement,
decision or determination as ought to be made, and to that end have
all the powers of the Administrative Officer from whom the appeal
was taken.
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 one year from
the date of entry of the judgment or determination of the Board of
Adjustment; except, however, in the case of a use variance which also
involves a subdivision or site plan, approval of the variance shall
extend for the full period of preliminary approval, i.e., three years;
and except, however, that the running of the period of limitation
herein provided shall be tolled from the date of filing an appeal
from the decision of the 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.
The Zoning Board of Adjustment shall render its decision
not later than 120 days after the date an appeal is taken from the
decision of a municipal agency or its authorized committee or designee,
or the submission of a complete application for development to the
Board pursuant to the provisions of N.J.S.A. 40:55D-70b.
[Amended 4-1-1985 by Ord. No. 4-85]
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.
The Board of Adjustment may refer any application
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.
Whenever review or approval of the application
by the County Planning Board is required by Section 5 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the municipal Board of Adjustment shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time.
