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]
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.
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.
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.
