A. 
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven regular members and two alternate members, appointed by the Borough Council. The regular members shall 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 term of no member shall exceed four years. Nothing in this chapter shall, however, be construed to affect the terms of any present members of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the terms for which they were appointed.
B. 
No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.
C. 
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
D. 
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 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 Chairman of the Planning Board shall make the choice.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
There shall be two alternate members of the Board of Adjustment appointed by the Borough Council. The alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. Notwithstanding the aforesaid, the initial terms of the members shall be arranged so as to accomplish the intent of this section.
B. 
The alternate members may participate in discussion proceedings but may not vote except in the absence or disqualification of a regular member. 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.
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 municipal employee.
A. 
A member may, after public hearing if he requests it, be removed by the Council for cause.
B. 
No member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
The Zoning Board of Adjustment may also employ, or contract for, and fix the compensation of legal counsel and such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of grants, the amount appropriated by the Governing Body 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, 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 so 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 shall in all cases follow the provisions applicable to it in said P.L. 1975, c 291,[1] 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 for applications may properly be filed with the Board for its decision thereon.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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 45 days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with 21 copies of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds of 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 Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment. The applicant shall complete all portions of the application form and, along with one copy of a plan, file with the Board of Adjustment Secretary no later than 45 days prior to the date set for the hearing. This initial application will be reviewed and returned with notations and/or suggestions for the applicant to prepare the final application. Within 15 days of the scheduled meeting, the following material must be submitted to the Board of Adjustment Secretary: 21 copies of the application, all plot plans, maps and other papers required by virtue of any provision of this chapter or any rule of the 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. The submission of an application for either preliminary or final approval shall be accompanied by a completed application form and the appropriate completed checklist as adopted as part of this chapter. (See Appendix A.[1])[2]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
An appeal stays all proceedings in furtherance of the action in respect to 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 a restraining order of 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 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 officer from whom the appeal was taken.
Any variance from the terms of this chapter hereafter granted by the Board of Adjustment permitting the erection or alteration of any structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within one year from the date of entry of the judgment or determination of the 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 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. 
The 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 this chapter.
(2) 
Hear and decide requests for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which such Board is authorized by this chapter to pass.
(3) 
Granting of variances.
(a) 
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 this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, grant a variance from such strict application so as to relieve such difficulties or hardship; 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 Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to the Section 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-60a.
(b) 
Grant variances as set forth in N.J.S.A. 40:55D-70d, i.e., use; expansion of nonconforming use; deviation from standard of a conditional use; increase in permitted floor area ratio; increase in permitted density; height of principal structure (10 feet or 10% of the permitted height), but only be the affirmative vote of at least 2/3 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 this chapter. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such references 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 § 195-26 of this chapter, have power given by law to:
(1) 
Direct the issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a public 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 the 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 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 Article 6 of P.L. 1975, c. 291,[1] 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 III, § 195-26A(3)(b), of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-37 et seq.
The 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. 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.