B.
Two alternates may be appointed by the Township Council
in accordance with the requirements of N.J.S.A. 40:55D-69.
C.
Terms of office for members and alternates of the
Board of Adjustment shall be as set forth in N.J.S.A. 40:55D-69, as
amended.
D.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
E.
The Board of Adjustment shall elect a Chairman and
Vice Chairman from its members and shall select a Secretary, who may
or may not be either a Board member or a municipal employee.
A.
There may be an office of Attorney to the Board of
Adjustment. The Attorney to the Board of Adjustment shall be an attorney
other than the Municipal Attorney and whose term of office shall be
one year, commencing January 1. Appointments to this office made after
January 1 shall be limited and shall terminate on the following December
31. The Board may employ the services of an attorney and pay such
compensation as shall be fixed by contract between the attorney and
the Zoning Board of Adjustment.
B.
The Board of Adjustment may also employ or contract
for and fix the compensation of experts and other staff and services
as it may deem necessary.
C.
The Board shall not authorize expenditures which exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use. The Township Council shall make provisions in its
budget and appropriate funds for the expenses of the Board.
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 Board of Adjustment shall be in
accordance with N.J.S.A. 40:55D-69 et seq., and amendments and supplements
thereto, and with the provisions of this article.
B.
It is further the intent of this article to confer
upon the Board of Adjustment as full and complete powers as may lawfully
be conferred upon such Board, including, but not by way of limitation,
the authority, in connection with any case, action or proceeding before
the Board, to interpret and construe the provisions of the Zoning
Regulations[1] or any term, clause, sentence or word thereof and the
Zoning Map in accordance with the general rules of construction applicable
to legislative enactments.
C.
The Board may, in appropriate cases and subject to
appropriate conditions and safeguards, grant variances in accordance
with the general or specific rules contained herein and with the general
rules hereby laid down that equity shall be done in cases where the
strict construction of the provisions of this chapter would work undue
hardship. The powers and duties of the Board having been delegated
to and imposed upon it by statute, the Board shall in all cases follow
the provisions applicable to it in the Municipal Land Use Law[2] or subsequent statutes in such case made and provided,
and it shall from time to time furnish to any person requesting the
same a copy of its rules and information as to how appeals or applications
may properly be filed with the Board for its decision thereon.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
In the case of variance applications, other than a
"d" variance application under N.J.S.A. 40:55D-70, variances granted
which constitute a waiver of requirements, standards or criteria contained
in the Comprehensive Management Plan shall be submitted to the Pinelands
Commission for review and action only after consideration and approval
by the Board of Adjustment. In regard to a "d" variance application
before the Board of Adjustment under N.J.S.A. 40:55D-70, the application
shall not be deemed complete for hearing by the Board of Adjustment
until such time as the applicant has produced a certificate of filing
from the Pinelands Commission concerning the "d" variance application.
[Amended 11-24-1992 by Ord. No. 92-75; 9-6-1994 by Ord. No. 94-85]
E.
Any residential development in the R-3, R-4, R-90, P, NC, NMC or BP Zones which is approved by variance at a density which exceeds the maximum permitted in that zone shall require that Pinelands development credits be used for all dwelling units which exceed the maximum otherwise permitted. Any municipal variance or other approval for the development of a residential use in the BP, CC, HMC, S, CO or ROS Zones shall require that Pinelands development credits be used for 50% of the authorized units for parcels between 10 and 20 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size. Any municipal variance or other approval for the development of a nonresidential use not otherwise permitted in the R-3, R-4 or R-90 Zones shall require that Pinelands development credits be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; this requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2. Any municipal variance approval which grants relief from the density or lot area requirements set forth in § 211-12B for a residential or principal nonresidential use in the PV Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Added 8-16-1988 by Ord. No. 88-69; amended 2-21-1989 by Ord. No. 89-18; 11-24-1992 by Ord. No. 92-75; 3-4-1997 by Ord. No. 97-16; 7-3-2001 by Ord. No. 2001-46]
A.
Appeals to the Board of Adjustment may be taken by
any interested party affected by any decision of the Zoning Officer
or Building Official in accordance with N.J.S.A. 40:55D-72. The appellant
shall file three copies of the notice of appeal with the Secretary
of the Board of Adjustment. The notice of appeal shall specify the
grounds for such appeal.
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.
C.
An appeal to the Board of Adjustment shall stay all
proceedings arising from the appealed action. See N.J.S.A. 40:55D-75
for full text and exceptions.
D.
An appeal to the Board of Adjustment may only be taken by an interested party in accordance with the provisions of N.J.S.A. 40:55D-70 and N.J.S.A. 40:55D-72. No right to appeal shall exist to the Board of Adjustment from a determination under the Land Use and Development Code of the Township of Stafford, but shall exist only with respect to a determination made in the interpretation or enforcement of Chapter 211, Zoning, or the Official Map Ordinance in accordance with the Municipal Land Use Law.[1]
[Added 2-17-1998 by Ord. No. 98-26]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
In exercising the above-mentioned powers, the
Board of Adjustment may reverse, affirm or modify the action appealed
from in accordance with N.J.S.A. 40:55D-74.
[Amended 3-4-2003 by Ord. No. 2003-23]
A.
Any variance from the terms of this chapter hereafter
granted by the 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 the 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, 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
a court of competent jurisdiction until the termination in any manner
of such appeal or proceeding; except, further, that in the case of
a variance which also involved a subdivision or site plan approval,
the variance shall extend for the full period of preliminary or final
approval or any extension thereof pursuant to the Municipal Land Use
Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Should the applicant fail to obtain the necessary
permit or permits within such twelve-month period or, having obtained
same, should he fail to commence work thereunder within such twelve-month
period, it shall be conclusively presumed that the applicant has waived,
withdrawn and abandoned his application, and all permissions, variances
and permits shall be deemed automatically rescinded by said Board
of Adjustment.
[Added 11-5-2007 by Ord. No. 2007-99]
C.
Should the applicant commence construction or alteration
within said twelve-month period and fail to complete such construction
or alteration within said twenty-four-month period, the Board of Adjustment
may, upon 10 days’ notice in writing to the applicant, rescind
or revoke the granted variance or the issuance of the permit or permits,
or other action authorized, if the Board of Adjustment finds that
no good cause appears for the failure to complete within such twenty-four-month
period and if the Board of Adjustment further finds that conditions
have so altered or changed during the interval since the granting
of the variance, permit or action that revocation or rescission of
the action is justified.
[Added 11-5-2007 by Ord. No. 2007-99]
A.
The Board of Adjustment shall have the power:
(2)
To hear and decide requests for interpretation of
the Zoning Map or Ordinance or decisions upon other special questions
upon which such Board is authorized to pass by any Zoning or Official
Map Ordinance in accordance with the Act.
(3)
Where, by reason of exceptional narrowness, shallowness
or shape of a specific piece of property or by reason of exceptional
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 structures
lawfully existing thereon, the strict application of any regulation
pursuant to Article 8 of the Municipal Land Use Law[2] would result in peculiar and exceptional and undue hardship
upon the developer of such property, to 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.
[2]
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
(4)
Where, in an application or appeal relating to a specific piece of property, the purposes of the Act would be advanced by a deviation from the Zoning Ordinance requirement, and the benefit of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from regulations pursuant to Article 8 of the Municipal Land Use Law; provided, however, that no variance from those departures enumerated in Subsection A(5) of this section shall be granted under this subsection; 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 has power to review a request for a variance pursuant to N.J.S.A. 40:55D-60a.
(5)
In particular cases and for special reasons, to grant
a variance to allow departure from regulations pursuant to Article
8 of the Municipal Land Use Law to permit:
(a)
A use or principal structure in a district restricted
against such use or principal structure.
(b)
An expansion of a nonconforming use.
(c)
Deviation from a specification or standard pursuant
to N.J.S.A. 40:55D-67 pertaining solely to a conditional use.
(d)
An increase in the permitted floor area ratio,
as defined in N.J.S.A. 40:44D-4.
(e)
An increase in the permitted density, as defined
herein, except as applied to the required lot area for a lot or lots
for detached one or two-dwelling-unit buildings, which lot or lots
are either isolated, undersized lots or lots resulting from a minor
subdivision. A variance under this subsection shall be granted only
by affirmative vote of at least five members.
(f)
A height of a principal structure which exceeds
by 10 feet or 10% the maximum height permitted for a principal structure.
[Added 2-7-1995 by Ord. No. 95-17]
B.
If an application for development requests one or more variances but not a variance for a purpose enumerated in § 130-14A(5), the decision on the requested variance or variances shall be rendered under § 103-14A(3) and (4).
[Added 2-7-1995 by Ord. No. 95-17[3]]
C.
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 purpose of the Zone Plan and
Zoning Ordinances.[4] In respect of any airport hazard areas delineated under
the Air Safety and Hazardous Zoning Act of 1983, P.L. 1988, c. 260
(N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted
under the terms of this chapter permitting in 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.[5] An application under this chapter 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.
D.
The Board of Adjustment shall have the power to direct
issuance of a permit, pursuant to 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 on the Official Map, but
only by an affirmative vote of a majority of the full authorized membership
of the Board. The Board of Adjustment shall not exercise this power
if the proposed development requires approval by the Planning Board
of a subdivision, site plan or conditional use in conjunction with
which the Planning Board has power to direct the issuance of a permit
pursuant to N.J.S.A. 40:55D-60(b).
[Amended 2-7-1995 by Ord. No. 95-17]
E.
The Board of Adjustment shall have the power to direct
issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for a building
or structure not related to a street. The Board of Adjustment shall
not exercise this power if the proposed development requires approval
by the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board has power to direct the
issuance of a permit pursuant to N.J.S.A. 40:55D-60(c).
[Amended 2-7-1995 by Ord. No. 95-17]
F.
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 Article 6 of
the Municipal Land Use Law[6] 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 this chapter.
[6]
Editor's Note: See N.J.S.A. 40:55D-37 et seq.
G.
Any municipal variance approval which grants relief from the density or lot area requirements set forth in Chapter 211, Zoning, for the P, NC, NMC, R-3, R-4, R-90 or PV Zones shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance. Any residential development which is approved by variance in the Pinelands Area I, S, CO, HMC and ROS Zones shall require that Pinelands development credits be used for all dwelling units in such development.
[Added 8-16-1988 by Ord. No. 88-69; amended 2-21-1989 by Ord. No. 89-18; 11-24-1992 by Ord. No. 92-75]
[Added 11-5-2007 by Ord. No. 2007-99]
A.
The Board shall render its decision not later than
120 days after the date an appeal is taken from the decision of an
administrative officer or the submission of a complete application
for development to the Board.
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.
C.
In the event that the developer elects to submit separate
consecutive applications, the one-hundred-twenty-day provision 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. Failure of the Board to act within the prescribed
time period or within such further time as may be consented to by
the applicant shall constitute a decision favorable to the applicant.
D.
Failure of a motion to approve an application for
development to receive the number of votes required for approval shall
be deemed an action denying the application.
[1]
Editor's Note: Former § 130-15,
Right to appeal to Township Council, as amended, was repealed 3-4-2003
by Ord. No. 2003-23.
