A.
A Zoning Board of Adjustment is hereby established,
pursuant to N.J.S.A. 40:55D et seq., consisting of seven residents
of the Township appointed by the Township Committee 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 terms of no member shall exceed four years.
Thereafter, the term of each member shall be for four years. Nothing
in this chapter, however, shall be construed to affect the term of
any present members 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.
There shall be appointed to the Zoning Board of Adjustment
two alternate members who are residents of the Township. Such alternate
members shall be designated by the Chairman as "Alternate No. 1" and
"Alternate 2" and shall serve in rotation during the absence or disqualification
of any regular member or members. The term of each alternate member
shall be for two years from January 1 of the year of their appointment;
provided, however, that the initial terms of such alternate members
shall be for one and two years, respectively. Alternate members shall
be appointed by the same appointing authority as regular members.
Alternate members may participate in all matters but may not vote
except in the absence or disqualification of a regular member. Participation
of alternate members shall not be deemed to increase the size of the
Zoning Board of Adjustment established by ordinance. 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.
C.
No member of the Zoning Board of Adjustment may hold
any elective office or position under the Township.
D.
A vacancy occurring otherwise than be expiration of
term shall be filled for the unexpired term only.
E.
If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited by N.J.S.A.
40:55D-69 from acting on a matter due to the member's personal or
financial interest therein, Class IV members of the Planning Board
shall be called upon to serve, for that matter only, as temporary
members of the Board of Adjustment. The Class IV members of the Planning
Board shall be called upon to serve in order of seniority of continuous
service to the Planning Board until there are the minimum number of
persons necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between Class IV members of equal seniority,
the Chairman of the Planning Board shall make the choice.
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 Township 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 Township Attorney.
In addition, 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 Township Committee 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-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 or proceeding before the Board, including an application seeking only an interpretation of the zoning ordinance or map, to interpret and construe the provisions of Article VIII of this chapter, or any term, clause, sentence or word thereof, and the Zoning Map, in accordance with the general rules of construction, applicable to legislative enactment.
C.
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of Article VIII 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 N.J.S.A. 40:55D-1 et seq., 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 is decision thereon.
A.
Appeals to the 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 20 days prescribed
by the statute by filing a notice of appeal with the officer from
whom the appeal was taken, together with five copies of such notice
with the Secretary of the Board of Adjustment. Such notice of appeal
shall specify the grounds for the 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
office shall be filed with the Zoning Officer or designee. The appropriate
number of copies of the application as required by the checklist 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 Zoning Officer. 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.
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 case, proceedings shall not be stayed otherwise than by 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 appropriate fee shall be paid to the Board of
Adjustment upon the filing of any petition. All fees shall be turned
over to the Township Treasurer. Any stenographic transcripts required
by the petitioner or by the Board of Adjustment shall be paid for
by the petitioner in addition to the fee.
In exercising the above-mentioned power, the
Board of Adjustment may, in conformity with the provisions of N.J.S.A.
40:55D-1 et seq., 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 office from whom the appeal was
taken.
Any variance from the terms or provisions of Article VIII of this chapter granted by any municipal agency shall lapse unless the construction or alteration of any structure so authorized shall have been actually commenced on each and every structure so authorized or unless such permitted use has actually been commenced within nine months from the adoption of the resolution of the municipal agency granting such variance; except, however, that the running of said period of limitation herein provided shall be tolled from the date of filing of an appeal from the decision of the municipal agency to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding or until the expiry of two years from the date of final approval of any site plan or subdivision sought as part of the application to the municipal agency for such variance. An applicant may request an extension of such period by application to the municipal agency on notice in accordance with the provisions of § 240-35.
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 officer based on or made in the
enforcement of the zoning provisions of this chapter.
B.
Hear and decide requests for interpretation of the
map or zoning provisions of this chapter or for decision upon other
special questions upon which the Board is authorized to pass by provisions
in the zoning provisions of this chapter.
C.
Variances.
(1)
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 the zoning provisions 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.
(2)
Where, in an application or appeal relating to a specific
piece of property the purposes of this act would be advanced by a
deviation from the zoning ordinance requirements and the benefits
of the deviation would substantially outweigh any detriment, grant
a variance to allow departure from such regulations of the zoning
provisions of this chapter; provided, however, that the fact that
a proposed use is an inherently beneficial use shall not be dispositive
of a decision on a variance under this subsection and provided that
no variance from those departures enumerated in N.J.S.A. 40:55D-70d
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 of the Municipal Land Use
Law; and
D.
In particular cases and for special reasons, grant
a variance to allow departure from regulations set forth in the zoning
provisions of this chapter to permit:
(1)
A use or principal structure in a district restricted
against such use or principal structure;
(2)
An expansion of a nonconforming use;
(3)
Deviation from a specification or standard pursuant
to N.J.S.A. 40:55D-67 pertaining solely to a conditional use;
(4)
An increase in the permitted floor area ration, as
defined in N.J.S.A. 40:55D-4;
(5)
An increase in the permitted density, as defined in
N.J.S.A. 40:55D-4, 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 an isolated undersized lot or lots resulting
from a minor subdivision; or
(6)
A height of a principal structure which exceeds by
10 feet or 10% the maximum height permitted in the district for a
principal structure.
E.
A variance under this subsection shall be granted
only by the affirmative of at least five members of the Board.
F.
If an application for development requests one or more variances, but not a variance for the purpose hereinabove enumerated, the decision on the requested variance or variances shall be rendered under Subsection C of this section.
G.
No variance or other relief may be granted under the
terms of this section, including a variance or other relief involving
an inherently beneficial use, without a showing that 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. In respect of any airport hazard
areas delineated under the Air Safety and Hazardous Zoning Act of
1983, 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 permit by the Commissioner of Transportation. An application under
this section may be referred to any appropriate person or agency other
than 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 § 240-28 have power given by law to:
(1)
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.
(2)
Direct issuance of permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
(3)
Hear applications pursuant to N.J.S.A. 40:55D-68,
seeking to establish whether a specific use or structure is protected
as a nonconforming use or structure.
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 N.J.S.A. 40:55D-37
through N.J.S.A. 40:55D-58, or conditional use approval pursuant to
N.J.S.A. 40:55D-67, whenever the Board is reviewing an application
for approval of a variance pursuant to N.J.S.A. 40:55D-70. The developer
may elect to submit a separate application requesting approval of
the variance and a subsequent application for any required approval
of a subdivision, site plan or conditional use. The separate approval
of the variance shall be conditioned upon grant of all required subsequent
approvals by the Board of Adjustment. No such subsequent approval
shall be granted unless such approval can be granted without substantial
detriment to the public good and without substantial impairment of
the intent and purpose of the zone plan and zoning ordinance. The
number of votes of Board members required to grant any such subsequent
approval shall be as otherwise provided by law for the approval in
question, and the special vote pursuant to the aforesaid Subsection
d of N.J.S.A. 40:55D-70 shall not be required.
A.
The Board of Adjustment shall render its decision
not later than 120 days after the date:
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.
