[Amended 11-8-1995 by Ord. No. 95-16]
A.Â
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.Â
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.Â
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).
A.Â
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.Â
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.Â
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.
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.
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.
A.Â
The Joint Planning/Zoning Board of Adjustment shall
have such powers as are granted by law to:
(1)Â
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.
(3)Â
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)Â
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.Â
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.
A.Â
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)Â
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)Â
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.Â
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.
A.Â
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.Â
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.
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.