[1]
Editor's Note: Ord. No. 2-2008 eliminated the Zoning Board
of Adjustment. Section I of such ordinance provided the following:
"Pursuant to the New Jersey Municipal Land use Law at N.J.S.A. 40:55D-25(c),
the Mullica Township Zoning Board of Adjustment is hereby abolished
and the duties and powers of said board shall be hereinafter vested
in the Mullica Township Planning Board. The Planning Board shall thus
exercise, to the same extent and subject to the same restrictions,
all of the powers of said Board of Adjustment, but the Class I and
Class III members shall not participate in the consideration of applications
for development which involve relief pursuant to Subsection (d) of
Section 58 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70)."
A.
Pursuant to the provisions of N.J.S.A. 40:55D-69, Zoning Board of
Adjustment, also known as the Board of Adjustment, is hereby established
and shall consist of seven members.
B.
The members of the Board of Adjustment shall be appointed by the
Township Committee. The terms of the members first appointed under
this chapter 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. Thereafter, the term
of each member shall be four years. No member shall be permitted to
act on any matter in which he has, either directly or indirectly,
any personal or financial interest. A member may, after public hearing
if he requests it, be removed by the Township Committee for cause.
A vacancy occurring otherwise than by expiration of a term shall be
filled for the unexpired term only. A member shall serve for a term
of four years from January 1 of the year of his/her 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 any member shall not exceed four
years. Thereafter, the term of each member' shall be for four years.
Nothing in this chapter shall, however, be construed to affect the
term of any present member of the Zoning Board of Adjustment, all
of whom shall continue in office until the completion of the term
for which they were appointed.
C.
The Board of Adjustment shall elect a chairman and vice chairman
from its members and select a secretary who may or may not be a member
of the Board of Adjustment or a municipal employee.
D.
No member of the Zoning Board of Adjustment may hold any elective
office or position in the municipality.
A member of the Board who was absent from one or more of the
meetings at which a hearing was held shall be eligible to vote on
the matter upon which the hearing was conducted, notwithstanding his/her
absence from one or more meetings; provided, however, that such Board
member has available to him the transcript or recording of the meeting
from which he/she was absent and certifies, in writing, to the Board
that he/she has read such transcript or listened to such recording.
A.
The Township Committee may appoint two alternates to the Zoning Board
of Adjustment for terms of two years. Such alternate members shall
be designated by the Township Committee as "Alternate No. 1" and "Alternate
No. 2."
B.
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. A vacancy occurring otherwise
than by expiration of term shall be filled by the Mayor for the unexpired
term only.
C.
No alternate member shall be permitted to act on any matter in which
he/she has either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing if he/she
requests one, be removed by the governing body for cause.
D.
Alternate members may participate in discussions of the 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 is to vote, Alternate No. 1 shall
vote.
The Board of Adjustment shall have the power to:
A.
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by construction official or zoning officer based on or made in the enforcement of Article XII, Zoning Districts and Permitted Uses, of this chapter.
B.
Hear and decide in accordance with the provisions of the zoning articles
of this chapter, requests for interpretation of the zoning map or
zoning articles of this chapter or for decisions upon other special
questions upon which such board is authorized to pass by the zoning
or official map articles of this chapter.
C.
Where by reason of exceptional narrowness, shallowness or shape of specific piece of property, or by reason of exceptional topographic condition, or by reason of other extraordinary and exceptional situation or condition of such piece of property the strict application of any regulation pursuant to Article XII, Zoning Districts and Permitted Uses, of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant, upon an application or appeal relating to such property, a variance from such strict application of such regulation 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 provided further 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 § 144-17, Ancillary powers, of this chapter.
(1)
Any municipal variance approval which grants relief from the density
or lot area requirements set forth in Schedule of District Regulations[1] for a residential or principal nonresidential use in the
NV, NVC, EVC, SV, EV, WV or PT Districts shall require that Pinelands
Development Credits be used for all dwelling units or lots in the
excess of that permitted without the variance.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
D.
Grant variance to allow a structure or use in a district restricted
against such structure in particular cases and for special reasons,
but only by an affirmative vote of at least two-thirds of the full
authorized membership of the Board.
(1)
No variance or other relief may be granted under the terms 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 the purpose of the zone plan and Zoning Ordinance. An application under this section may be referred to any appropriate person or agency, including the Planning Board pursuant to Subsection F of § 144-29, Other powers of Board of Adjustment, of this chapter, for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
The Board of Adjustment may employ, or contract for, and fix
the compensation of legal counsel, other than the municipal attorney,
a license planning consultant, a licensed engineer, and other staff
and services as it shall deem necessary, not exceeding, exclusive
of gifts or grants, the amount appropriated by the Township for its
use.
A.
Appeals to the Board of Adjustments may be taken by any interested
party affected by any decision of the Zoning Officer of the Township
based on or made in the enforcement of the Zoning Ordinance or Official
Map. Such appeal shall be taken within 20 days by filing an appeal
with the Zoning Officer specifying the grounds of such appeal. The
officer from whom the appeal is taken shall immediately transmit to
the Board all the papers constituting the record upon which the action
appealed from was taken.
B.
An applicant may file an application for development with the Board
of Adjustment for action under any of its powers without prior application
to the Zoning Officer.
C.
If an application for development is filed with the Board of Adjustment,
whether or not an appeal from a decision of the Zoning Officer is
also taken, the applicant shall submit 12 copies of his/her completed
application to the secretary of the Board of Adjustment. The time
for the Board's review shall not begin to run until the submission
of a complete application with the required fee. Unless the applicant
is informed in writing by the secretary of the Board of Adjustment
within 45 days of the actual submission of the application that it
is incomplete, said application shall be deemed complete as of the
date it was submitted.
D.
A complete submission for development under this article shall consist
of the following:
(1)
A properly completed variance information application form.
(3)
If subdivision and/or site plan and/or conditional use approval is also sought as part of an application for a variance pursuant to Subsection B of § 144-23, Powers, of this chapter, the application shall conform to the procedures of Article VIII, § 144-51, Pinelands Area Procedures; applicability, and include the information and documents required pursuant to the provisions of Article VIII, § 144-52, Submittal procedure, of this chapter.
(4)
Where a subdivision and/or site plan approval is not required, a
plat plan will be presented, drawn to scale of not less than 100 feet
to the inch, on one or more sheets, illustrating existing structures
and the proposed construction, reconstruction, remodeling, alteration
or moving and including the following:
(a)
Property boundary lines and dimensions of the property and any
significant topographic or physical features of the property;
(b)
A copy of the current deed for the property;
(c)
The location, size, use and arrangement of proposed buildings
and of existing buildings which will remain, if any, including height
in stories and feet, floor area ratio, total floor area, total square
feet of ground area coverage and number and size of dwelling units,
by number of bedrooms;
(d)
Minimum yard dimensions and, where relevant, relations of yard
dimensions to the height of any building structure;
(e)
The location, dimensions and number of all driveways, entrances,
curb cuts, parking stalls, loading spaces and access aisles and the
total lot coverage of all parking, loading, driveway and aisle areas;
(f)
The location, and height of fences or screen plantings and the
type or kind of building materials or plantings to be used for fencing
or screening;
(g)
The location, designation and total area of all usable open
space;
(h)
The location, use and size of structures and other land uses
within 200 feet of the boundaries of the subject property;
(i)
A clear designation of the features of the proposed development
or use which requires a variance and the extent of the variance requested;
and
(j)
Any other information that may be required to be shown on the
site plan by the Board of Adjustment to determine that the application
is in compliance with the codes and ordinances of the Township.
E.
The secretary of the Board of Adjustment shall distribute the application
for review and report and, where required, approval as follows:
A.
The Board of Adjustment shall render a decision not later than 120 days after the date an appeal is taken from the decision of the Zoning officer; or the submission of a complete application for development to the Board of Adjustment pursuant to Article V, § 144-25, Appeals and applications, of this chapter.
B.
Failure of the Board to render a decision within such 120 days period
or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
The Board of Adjustment may reverse or affirm, wholly or in
part, or may modify the action, order, requirement, decision, interpretation
or determination appealed from and to that extent have all the powers
of the administrative officer from whom the appeal is taken.
An appeal to the Board of Adjustment shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made unless the municipal official from whose action 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/her opinion, cause
imminent peril to life or property. In such case, proceeding shall
not be stayed other than by an order of the Superior Court upon notice
to the officer from whom the appeal is taken and on due cause shown.
A.
Sections 144-25 through 144-28 of this chapter shall apply to the power of the Board of Adjustment to:
(1)
Direct issuance of a permit pursuant to Article III, Subsection B of § 144-12, Official Map, of this chapter for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to Article III, Subsection A of § 144-12, Official Map, of this chapter; or
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 VIII, Development Review and Approval, and Article XI, Design, Performance and Evaluation Standards, of this chapter whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to Subsection D of § 144-23, Powers, of this chapter.
C.
Whenever an application for development requests relief pursuant to Subsection B of this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a applicant of a complete application to the secretary of the Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application and a certificate of the secretary of the Board of Adjustment as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
D.
Whenever review or approval of the application by the County Planning
Board is required by Section 5 of P.L. 1968, c. 285,[1] in the case of a subdivision, or Section 8 of P.L. 1968,
c. 285,[2] in the case of a site plan, the Board of Adjustment shall
condition any approval that it grants upon timely receipt of a favorable
report on the application by the County Planning Board.
E.
An application under this section may be referred to any appropriate
person or agency for its report, provided that such reference shall
not extend the period of time within which the Zoning Board of Adjustment
shall act.
F.
The Board of Adjustment may refer any application for subdivision
or site plan approval under this section to the Planning Board for
its report before it takes final action thereon. Such reference shall
not extend the time for action by the Board of Adjustment, whether
or not the Planning Board has submitted its report. Whenever the Planning
Board shall have made a recommendation regarding a matter authorized
by this chapter to the Board of Adjustment, such recommendation may
be rejected only by a majority of the full authorized membership of
the Board of Adjustment.
