[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.
A.
The powers of the Zoning 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 chapter.
B.
It is further the intent of this chapter to confer
upon the Zoning Board of Adjustment as full and complete powers as
may lawfully be conferred upon such Board, including, 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 this
chapter, or any term, clause, sentence or word hereof, 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 from the terms
of this chapter 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
said P.L. 1975, c. 291, 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.
A.
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of Chapter 217, Zoning, or the Official Map. 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 three copies of said notice with the Secretary of the Board of Adjustment. 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.
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 Zoning Board of Adjustment.
Copies of the application, together with all other information required
by the application, by checklist adopted by ordinance and by any of
the provisions of this chapter or any rule of the Board of Adjustment,
shall be filed with the Secretary of the Zoning Board of Adjustment.
Three 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 of the provisions
of this chapter or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the Secretary of the Zoning
Board of Adjustment. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board.
[Amended 7-15-1985 by Ord. No. 27-85]
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
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 cases, 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.
D.
The following application forms and checklists be
and are hereby established and adopted:
[Added 7-15-1985 by Ord. No. 27-85]
(1)
Washington Township Board of Adjustment Variance Application
Form, Part A - General Information.
(2)
Washington Township Board of Adjustment Variance Application
Form, Part B - Variance Checklist.[1]
[1]
Editor's Note: The Variance Application Forms,
Part A and Part B, is included at the end of this chapter.
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.
[1]
Editor’s Note: Former § 111-23, Expiration
of variance, was repealed 4-18-2011 by Ord. No. 03-11.
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.
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.
A.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 111-24, have the power given by law to:
(1)
Direct the 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.
(2)
Direct the issuance of a permit pursuant to 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 Article 6 of P.L. 1975, c. 291, 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 § 111-24D of this chapter.
[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.
