Borough of Runnemede, NJ Article II Zoning Board of Adjustment

[Amended 11-8-1995 by Ord. No. 95-16]

§ 230-14 Powers. [1]

A. The powers of the Joint Planning/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 Joint Planning/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,[2] or subsequent statutes in such cases 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.

[1] Editor's Note: Original § 73A-13, Elimination of Zoning Board of Adjustment; exercise of its functions and powers by Planning Board; original § 73A-13.1, Continuance of application for development submitted prior to establishment of single board; and original § 73A-17, Rules and regulations; which immediately preceded this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 230-15 Appeals and applications.

A. Appeals to the Joint Planning/Zoning 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 three copies of said notice with the Secretary of the Joint Planning/Zoning 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 Joint Planning/Zoning Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Joint Planning/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 provision of this chapter or any rule of the Joint Planning/Zoning Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Joint Planning/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.

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 Joint Planning/Zoning 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 a restraining order, which may be granted by the Joint Planning/Zoning 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.

§ 230-16 Power to reverse or modify decisions.

In exercising the above-mentioned power, the Joint Planning/Zoning Board of Adjustment may, in conformity with the provisions of P.L. 1975, c. 291,[1] or amendments thereto or subsequent statutes applying, reverse or affirm wholly or partly or may modify the order, 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: See N.J.S.A 40:55D-1 et seq.

§ 230-17 Expiration of variance.

Any variance from the terms of this chapter hereafter granted by the Joint Planning/Zoning 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 said variance or unless such permitted use has actually been commenced within nine months from the date of entry of the judgment or determination of the Joint Planning/Zoning 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 Joint Planning/Zoning 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.

§ 230-18 Powers granted by law.

A. The Joint Planning/Zoning Board of Adjustment shall have such powers as are granted by law to:

(1) 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 395, Zoning, of the Code of the Borough of Runnemede.

(2) Hear and decide requests for interpretation of the Zoning Map or Chapter 395, Zoning, or for decisions upon other special questions upon which such Board is authorized by Chapter 395, Zoning, to pass.

(3) 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 in Chapter 395, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property to 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, including a variance for a conditional use; 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 Joint Planning/Zoning Board of Adjustment of a subdivision, site plan or conditional use in conjunction with which the Joint Planning/Zoning Board of Adjustment shall review a request for a variance pursuant to the Subsection 47a of the Municipal Land Use Law of 1975, P.L. 1975, c. 291.[1]

[1] Editor's Note: See N.J.S.A. 40:55D-60.

(4) 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 five members of the full authorized membership of the Board.

B. No variance or other relief may be granted under the provisions 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 Chapter 395, Zoning. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Joint Planning/Zoning Board of Adjustment, for its report, provided that such reference shall not extend the period of time within which the Joint Planning/Zoning Board of Adjustment shall act.

§ 230-19 Additional powers.

A. The Joint Planning/Zoning Board of Adjustment shall in addition to the powers specified in § 230-18 of this article 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 a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.

B. The Joint Planning/Zoning Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Joint Planning/Zoning Board of Adjustment 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 Article II, § 230-18A(4), of this chapter. 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 Joint Planning/Zoning 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 Chapter 395, Zoning. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid § 230-18A(4) shall not be required.

§ 230-20 Time for decision.

A. The Joint Planning/Zoning Board of Adjustment 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 pursuant to the provisions of N.J.S.A. 40:55D-70b. In the event that the developer elects to submit separate consecutive applications, the aforesaid 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.

B. Failure of the Board to render a decision within the required period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

§ 230-21 Effect of denial.

Any application which is denied by the Joint Planning/Zoning Board of Adjustment shall not be again considered by the Board, except as provided herein and pursuant to Chapter 291 of the Laws of New Jersey 1975,[1] until two years' time lapses from the date of the Board's resolution of denial.

[1] Editor's Note: See N.J.S.A 40:55D-1 et seq.