[Amended 10-20-1980 by Ord. No. 43-80]
A. A Zoning Board of Adjustment is hereby established,
pursuant to N.J.S.A. 40:55D-69 et seq., as amended. Said Board shall
consist of seven regular members, who shall be residents of the Township
of Washington appointed by the Mayor with the consent of the governing
body of the Township of Washington. Said Board also may have not more
than two alternate members, who shall be residents of the Township
of Washington to be appointed in a similar manner. Alternate members
shall be designated at the time of appointment as "Alternate No. 1"
and "Alternate No. 2." The terms of all members, whether regular of
alternate, shall run 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 members shall exceed four years
and that the initial term of no alternate members 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. 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, whether
regular or alternate, may hold any elective office or position under
the municipality.
C. A member, whether regular or alternate, may, after
public hearing if he requests it, be removed by the governing body
for cause.
D. A vacancy occurring otherwise than by expiration of
term shall be filled only for the unexpired term by appointment by
the Mayor with the consent of the governing body.
E. Alternate members may participate in discussions of
the proceedings and business of the Zoning Board of Adjustment 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 No.
1 shall vote.
[Amended 10-20-1980 by Ord. No. 43-80]
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 a 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.
The Board shall not authorize expenditures which
exceed, exclusive of gifts or grants, the amount appropriated by the
Township of Washington for its use.
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.
The Board of Adjustment shall have such powers
as are granted by law to:
A. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter
217, Zoning.
B. Hear and decide requests for interpretation of the Zoning Map or Chapter
217, Zoning, or for decisions upon other special questions upon which such Board is authorized by Chapter
217, Zoning, to pass.
C. Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property the strict application of any regulation in Chapter
217, Zoning, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property; grant upon an application or an appeal relating to such property a variance from such strict application so as to relieve such difficulties or hardship; 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 further provided 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 Subsection 47a of the Municipal Land Use Law of 1975, P.L. 1975, c. 291.
D. Grant a variance to allow a structure or use in a
district restricted against such structure or use in particular cases
and for special reasons, but only by the affirmative vote of at least
two-thirds of the full authorized membership of the Board. (Five votes
constitutes 2/3.)
(1) No variance or other relief may be granted under the provisions of this chapter 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 Chapter
217, Zoning. Any application under any subsection of this chapter may be referred 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 Zoning Board of Adjustment shall act.
[Amended 7-15-1985 by Ord. No. 27-85]
The Board of Adjustment shall render its decision
not later than 120 days from the date of submission of the complete
application to the Board pursuant to the provisions of N.J.S.A. 40:55D-70
and this chapter.