[Amended 10-20-1980 by Ord. No. 43-80]
A.
The Board shall adopt such rules of procedure not
inconsistent with the provisions of the Revised Statutes of New Jersey
and local ordinances, as it may deem necessary to the proper performance
of its duties and the proper exercise of its powers.
B.
Powers.
(1)
The Board of Adjustment shall have the power
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 officer based on or made in the
enforcement of this chapter.
(b)
Hear and decide in accordance with the provisions
of any such ordinance, requests for interpretation of this chapter
or the Zoning Map or for decisions upon other special questions upon
which such Board is authorized to pass by any Zoning or Official Map
Ordinance in accordance with this chapter.
(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 situation or condition of such piece of property, the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, 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; provided however, that no variance shall be granted under this section to allow a structure or use in a district restricted against such structure or use, and provided further that the proposed development does not require approval by the Planning Board of a subdivision, a site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to § 217-129 of this chapter.
(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 affirmative vote of at
least 2/3 of the full authorized membership of the Board.
(2)
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 ordinance. An application under this section 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.
The Board of Adjustment shall have the power
to:
A.
Direct issuance of a permit pursuant to N.J.S.A. 40:50-54
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;
B.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street; or
C.
Grant, to the same extent and subject to the same
restrictions as the Planning Board, subdivision, site plan or conditional
use approval whenever the Board of Adjustment is reviewing an application
for approval of a variance pursuant to N.J.S.A. 40:55D-70d.
The Board of Adjustment may employ, or contract
for, and fix the compensation for legal counsel other than the Township
Attorney and experts and other staff and services, as it shall deem
necessary, not exceeding, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
A.
The Board of Adjustment shall, by its rules, fix the
time and place for holding its regular meetings for business authorized
to be conducted by the Board. Regular meetings shall be scheduled
unless canceled for lack of applications for development to process.
The Board may provide for special meetings, at the call of the Chairman,
or on the request of any two of its members, which shall be held on
notice to its members and the public in accordance with Township regulations.
No action shall be taken at any meeting without a quorum being present.
All actions shall be taken by a majority vote of a quorum present
except as follows:
B.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with Township regulations.
C.
Minutes of every regular or special meeting shall
be kept and shall include the names of the persons appearing and addressing
the Board and of the persons appearing by attorney, the action taken
by the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Board. Any interested
party shall have the right to compel production of the minutes for
use as evidence in any legal proceedings concerning the subject matter
of such minutes. Such interested party may be charged a reasonable
fee for reproduction of the minutes for his use.
A.
Appeals to the Board of Adjustment may be taken by
any interested party affected by any decision of an administrative
officer of the Township based on or made in the enforcement of this
chapter or Official Map. Such appeal shall be taken within 65 days
of the decision of the administrative officer 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 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.
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, 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 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.
A.
Upon the filing of any appeal as hereinafter provided,
or other application in any matter of proceeding over which the Board
of Adjustment shall have jurisdiction by law or ordinance, the Board
shall hold a hearing on such appeal or application.
B.
The Board of Adjustment shall cause notice of the
time and place of the hearing to be given to the appellant or applicant
and a similar notice stating the purpose of the hearing to be published
in the official newspaper of the Township at least 10 days prior to
the hearing. All maps and documents pertaining to the hearing shall
be on file and available for inspection at least 10 days prior to
the date of the hearing at the offices of the Board during normal
business hours.
C.
Notice of a hearing shall be given to the owner of
all real property, as shown on the current tax duplicate, located
within 200 feet in all directions of the property which is the subject
of such hearing. Notice shall be given by serving a copy thereof on
the property owner as shown on said current tax duplicate or his agent
in charge of the property or by mailing a copy thereof by certified
mail to the property owner at his address as shown on said current
tax duplicate. Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
D.
Upon the written request of an applicant, the Tax
Assessor shall, within seven days, make and certify a list from said
current tax duplicates of names and addresses of owners to whom the
applicant is required to give notice. The applicant shall be entitled
to rely upon the information contained in such list, and failure to
give notice to any owner not on the list shall not invalidate any
hearing or proceeding. The sum of $10 shall be charged for such list.
E.
Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
F.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application adjacent
to an existing county road or proposed road shown on the Official
County Map or on the County Master Plan, adjoining other county land
or situated within 200 feet of a municipal boundary.
G.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
adjacent to a state highway.
H.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning of a hearing on an application which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Subsection B of this section.
I.
The applicant shall file an affidavit of proof of
service with the Board at the time of the hearing.
Any notice made by certified mail shall be deemed
complete upon mailing.
[Amended 7-15-1985 by Ord. No. 27-85; 7-20-1992 by Ord. No. 12-92; 2-19-1996 by Ord. No. 4-96]
A.
Upon the filing of any application to the Zoning Board
of Adjustment by any person other than an officer, department, board
or agency of the Township, the applicant shall pay the following fees
and review deposits:
[Amended 6-17-2002 by Ord. No. 23-02; 4-18-2011 by Ord. No. 03-11]
(1)
Fees covering administration and overhead:
|
Type of Application
|
Fee
| |
|---|---|---|
|
Appeals (N.J.S.A. 40:55D-70a)
|
$100
| |
|
Interpretations (N.J.S.A. 40:55D-70b)
|
$100
| |
|
Bulk variances (N.J.S.A. 40:55D-70c)
| ||
|
Residential
|
$250
| |
|
Nonresidential
|
$500
| |
|
Use variances (N.J.S.A. 40:55D-70d)
|
$750
| |
|
Permit (N.J.S.A. 40:55D-34 and 40:55D-35)
|
$150
| |
|
Extension of time for variance, per lot
|
$100
|
(2)
Review deposits covering the cost of engineering,
legal, professional planning and other expert review and documentation
and disbursements:
[Amended 9-21-2015 by Ord. No. 09-15]
|
Type of Application
|
Fee
| |
|---|---|---|
|
Appeals (N.J.S.A. 40:55D-70a)
|
$1,000 per lot
| |
|
Interpretations (N.J.S.A. 40:55D-70b)
|
$1,000 per lot
| |
|
Bulk variances (N.J.S.A. 40:55D-70c)
| ||
|
Residential
|
$2,000 per lot
| |
|
Nonresidential
|
$3,000 per lot
| |
|
Use variances (N.J.S.A. 40:55D-70d)
| ||
|
Residential
|
$2,000 per lot
| |
|
Nonresidential
|
$10,000 per lot
| |
|
Permit (N.J.S.A. 40:55D-34 and 40:55D-35)
|
$1,500 per lot
| |
|
Extension of time for variance
|
$100 per lot
|
C.
Tabulation and appeal of review fees.
(1)
The Chief Financial Officer shall tabulate the
costs of the Engineer, planner and attorneys, their staffs and any
outside consultants required when an application is of a nature beyond
the scope of the expertise of the professionals normally utilized
by the Township, for a proper review and documentation pursuant to
vouchers submitted by the professionals identifying the personnel
performing the service, and stating the date the services were performed,
the hours spent to one-fourth-hour increments, the hourly rate and
the expenses incurred. All charges and fees shall be established by
resolution of the governing body. Expenses shall be actual out-of-pocket
expenses of any such professionals or consultants, including normal
and typical expenses incurred in processing applications. Vouchers
shall be submitted monthly to the Chief Financial Officer with a copy
to the developer. These costs shall be deducted from the engineering/planning/legal
review fee escrow deposit and paid to the professionals by the Chief
Financial Officer. Where the reasonable and necessary review costs
exceed or are anticipated to exceed the review fee deposit, the developer
shall pay the additional amount prior to the signing of any plat.
Failure to remit the additional required deposit within 15 days of
the request shall render the application incomplete, and no further
proceedings or action shall be taken by the Zoning Board of Adjustment
until after compliance.
(2)
The Chief Financial Officer shall prepare and
send to the developer a statement which shall include an accounting
of funds listing all deposits, interest earnings, disbursements and
the cumulative balance of the escrow account. This statement shall
be provided quarterly, if monthly charges are $1,000 or less, or monthly,
if monthly charges exceed $1,000.
(3)
After the final plat has been signed, the developer
shall send written notice, by certified mail, to the Chief Financial
Officer, the Zoning Board of Adjustment, the Township Engineer and
other relevant professional that the application is completed. After
receipt of such notice, the Engineer and/or other professional shall
submit a final voucher to the Chief Financial Officer within 30 days
with a copy to the developer. The Chief Financial Officer shall render
a written final accounting to the developer on the status of the escrow
within 45 days of receipt of the final bill, together with any balance
remaining in the account, including interest in accordance with N.J.S.A.
40:55D-53.1.
(4)
Within 15 days of the tabulation of review costs
and notification of the developer by the Chief Financial Officer,
the developer shall have the right to appeal said tabulation by so
notifying the Township Committee, in writing, with copies to the Chief
Financial Officer, the Zoning Board of Adjustment and any relevant
professional, provided that any additional fees or amounts required
by the Zoning Board of Adjustment to be paid prior to the signing
of any plat or certificate of occupancy must be paid by the developer
prior to the bringing of any such appeal. Upon receipt of any such
appeal, the Zoning Board of Adjustment shall review the same and make
a recommendation thereon to the Township Committee within 45 days.
The Township Committee shall then decide the proper review fee to
be charged, based upon information provided by both the developer
and the Zoning Board of Adjustment. If the matter is not resolved
to the satisfaction of the developer, the developer may appeal to
the County Construction Board of Appeals, established under P.L. 1975,
c. 217 (N.J.S.A. 52:27D-127), any charge to an escrow account or a
deposit by any municipal professional or consultant pursuant to the
procedure set forth in N.J.S.A. 40:55D-53.2.
D.
The Board shall provide for the verbatim recording
of the proceedings by electronic means. A transcript, or duplicate
recording in lieu thereof, shall be furnished, on request, to any
interested party, at his expense.
A.
The Board of Adjustment shall render a 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 a use variance.
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 reverse or affirm,
wholly or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from and to that end have
all the powers of the administrative officer from whom the appeal
is taken.
Temporary permits may be authorized by the Board
of Adjustment after a hearing for a period not to exceed one year
for nonconforming uses incidental to construction projects on the
same premises and including such uses as storage of building supplies
and machinery and the assembly of building materials. The temporary
certificate of occupancy issued under this section shall be for not
longer than a one-year period. However, such permit may be renewed
by the Board of Adjustment annually after a hearing.
[Amended 7-21-2003 by Ord. No. 23-03; 4-18-2011 by Ord. No.
03-11]
A.
A "c"
variance granted by the Board of Adjustment in accordance with N.J.S.A.
40:55D-70(c) (but excepting any approval for a "c" variance which
also involves "d" variance relief) permitting the erection or alteration
of any structure or structures shall expire five years from the date
of the publication of the notice of the determination of the Board
of Adjustment unless such construction or alteration shall have been
actually commenced and completed on each and every structure permitted
by said variance. For good cause, the Board of Adjustment may, upon
application, in writing, stating the reasons therefore, extend the
five-year period.
B.
A "d"
variance granted by the Board of Adjustment in accordance with N.J.S.A.
40:55D-70(d) permitting a specified use of any premises shall expire
three years from the date of the publication of the notice of the
determination of the Board of Adjustment unless such permitted use
has actually been commenced and completed. For good cause, the Board
of Adjustment may, upon application, in writing, stating the reasons
therefore, extend the three-year period.
C.
If any
design exceptions have been granted in accordance with N.J.S.A. 40:55D-51
in connection with either a "c" or a "d" variance, such design exceptions
shall expire with the expiration of the variance.
D.
The running
of the periods of limitation provided above 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.
E.
Except
for permits issued pursuant to a "c" or "d" variance, if the issuance
of a permit is finally approved or other action by the appellant or
applicant is authorized, the necessary permit shall be secured and
the authorized action of construction begun within one year after
the date when the other action by the appellant or applicant is authorized,
and the structure, building or alteration, as the case may be, shall
be completed within three years of said date. For good cause, the
Board of Adjustment may, upon application, in writing, stating the
reasons therefor, extend the one-year or the three-year period.
F.
Should the appellant or applicant fail to obtain the necessary permit or permits within such periods prescribed in Subsections A through E above, or having obtained the same should he fail to commence or complete work thereunder within such periods prescribed in Subsections A through E above, or within such periods as may be extended by the Board of Adjustment, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn and abandoned his appeal or his application, and all permissions, permits and variances granted to him shall be deemed automatically rescinded by the Board of Adjustment.
