[Amended 4-18-2011 by Ord. No. 658]
A. There
is hereby established in the Borough a Zoning Board of Adjustment
consisting of seven members and up to two alternates appointed by
the Mayor with the consent of the Council.
B. No member
may hold an elective office or position under the Borough.
C. All members
shall be citizens of the Borough.
D. If more
than one alternate is appointed, he or she shall be designated as
"Alternate No. 1" and "Alternate No. 2" by the Borough Council at
the time of appointment.
[Added 4-18-2011 by Ord.
No. 658]
If the Zoning 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 Zoning 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
members 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 Chairperson of the Planning Board shall make the choice.
Vacancies occurring other than by expiration
of a term shall be filled by appointment for the unexpired term by
the Mayor with the consent of the Council.
The Zoning Board of Adjustment shall elect a
Chairperson and Vice Chairperson from its members and shall also select
a Secretary, who is a member of the Board.
The Zoning Board of Adjustment shall annually
appoint legal counsel, other than the Municipal Attorney, and may
employ or contract for other staff and services as it may deem necessary
and shall fix the compensation therefor; provided, however, that in
no case shall the compensation for legal counsel and the costs of
other staff and services exceed the amount appropriated by the governing
body for Zoning Board of Adjustment use, exclusive of gifts or grants.
The Board shall adopt such rules and regulations
not inconsistent with this chapter as may be necessary to carry into
effect the provisions and purposes of this chapter.
In addition to the powers specified in §
202-18 of this chapter or Chapter
350, Zoning, the Zoning Board of Adjustment shall have power to:
A. Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval when required in connection with a use variance properly before the Zoning Board of Adjustment pursuant to §
202-18A(4).
B. Grant variances from the requirements of law that
no permit shall be issued for any building or structure in the bed
of any street, public drainageway, flood control basin or public area
reserved on the Official Map.
(1) Such variances may be approved only if:
(a) Such variance is approved by a majority of the full authorized membership
of the Board.
(b) Unless a variance is granted, the parcel or parcels of land on which
the mapped street, drainageway, flood control basin or reserved area
is located cannot yield a reasonable return to the owner.
(c) The variance required will cause the least practicable increase in
the cost of opening the street or will tend to cause the least change
in the Official Map.
(2) The Board shall impose such reasonable requirements
as conditions for granting such a variance as will promote the health,
morals, safety and general welfare of the public.
C. Grant variances from the requirements of law that
no permit for the erection of any building or structure be issued
unless the lot abuts a street giving access to the proposed building
or structure. Such a variance shall be granted only if the enforcement
of such requirements of law would entail practical difficulties or
undue hardship or where the circumstances of the case do not require
the building or structure to be related to a street. Such variances
may be granted subject to conditions that will provide adequate access
for firefighting equipment, ambulances and other emergency vehicles
necessary for the protection of health and safety and that will protect
any future street layout shown on the Official Map or on a general
Circulation Plan Element of the Master Plan.
In exercising the above-mentioned powers, the
Zoning Board of Adjustment may, in conformity with the power granted
by law, reverse or affirm, wholly or partly, or 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.
An appeal from any decision of the Zoning Board
of Adjustment granting a use variance pursuant to the provisions of
N.J.S.A. 40:55D-17d may be taken to the governing body, provided that
such appeal shall be made within 10 days of the date of publication
of such final decision of the Zoning Board of Adjustment.
An appeal to the Zoning Board of Adjustment
or the governing body, as the case may be, stays all proceedings in
furtherance of the action in respect of which the decision appealed
from was made, unless the Construction Code Official certifies to
the Zoning Board of Adjustment or the governing body, as the case
may be, after the notice of appeal shall have been filed with the
Construction Code Official or Zoning Board of Adjustment, as the case
may be, that by reason of facts stated in the certificate a stay would,
in the opinion of the Construction Code Official or Zoning Board of
Adjustment, as the case may be, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court of New Jersey on application or notice to the
officer or Board from whom or which the appeal is taken and on good
cause shown.