[Added 12-7-2021 by Ord. No. 2021-17[1]]
From and after the effective date of the within section, all powers, duties, responsibilities, fees and application requirements of the Zoning Board of Adjustment shall be transferred to or applied to the Land Use Board of the Township of Holland pursuant to the provisions of N.J.S.A. 40:55d-25c. All references in the within Article XIX of the Code of the Township of Holland and within the Code of the Township of Holland referring to the Zoning Board of Adjustment of the Township of Holland shall hereafter apply to the Land Use Board of the Township.
[1]
Editor's Note: This ordinance also repealed former §
100-131, Establishment; composition, as amended.
[Amended 4-15-1980 by Ord. No. 80-6; 9-15-1987 by Ord. No. 1987-8; 12-7-2021 by Ord. No. 2021-17]
The Land Use Board shall have such powers as
are granted by law to:
A.
Hear and decide, by majority vote, appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Part 1, Zoning.
C.
Variance.
(1)
Extent.
(a)
Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of Part 1, Zoning, regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon, the developer of such property, grant, upon an application of such regulation relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.
(b)
Where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from Part 1, Zoning, requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from Part 1, Zoning, regulation.
(2)
No variance from those departures enumerated
in N.J.S.A. 40:55D-70d shall be granted under this subsection, and
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 has power to review a request for a
variance pursuant to N.J.S.A. 40:55D-60.
D.
Special cases.
(1)
In particular cases and for special reasons, grant a variance to allow departure from Part 1, Zoning, regulations to permit:
(a)
A use or principal structure in a district restricted
against such use or principal structure.
(b)
An expansion of a nonconforming use.
(c)
Deviation from a specification or standard pertaining
solely to a conditional use.
(d)
An increase in the permitted floor area ratio
as defined in N.J.S.A. 40:55D-4.
(e)
An increase in the permitted density as defined
in N.J.S.A. 40:55D-4, except as applied to the required lot area for
a lot or lots for detached one- or two- dwelling unit buildings, which
lot or lots are either an isolated undersized lot or lots resulting
from a minor subdivision.
(2)
A variance under this subsection shall be granted
only by affirmative vote of at least five members.
E.
Grant direction pursuant to N.J.S.A. 40:55D-34 for
issuance of a permit for a building or structure in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
F.
Grant direction pursuant to N.J.S.A. 40:55D-36 for
issuance of a permit for a building or structure not related to a
street.
No variance or other relief may be granted under the provisions of this article 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 Part 1, Zoning.
[Amended 12-7-2021 by Ord. No. 2021-17]
Any application under any subsection of this
article 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 Land Use Board shall act.
[Amended 12-7-2021 by Ord. No. 2021-17]
The Land Use Board shall render its decision
not later than 120 days after the date an appeal is taken from the
decision of an administrative officer or not later than 120 days after
the submission of a complete application for development to the Land
Use Board. 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.
In the granting of variances, pursuant to N.J.S.A.
40:55D-70c and d, the approving authority may condition the variance
granted on the obtaining of a building permit or zoning permit within
one year or other reasonable time specified thereafter.
[Added 12-7-2021 by Ord. No. 2021-17]
A.
Appeals
to the Land Use Board may be taken by any interested party affected
by any decision of any municipal building or zoning official based
on or made in the enforcement of the zoning regulations or the Official
Map. Such appeal shall be taken within 65 days by filing a notice
of appeal with the official from whom the appeal is taken, together
with the filing of three copies of said notice of appeal with the
Secretary of the Land Use Board. Said notice of appeal shall specify
the grounds of such appeal. The official 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.
A developer
may file an application for development with the Land Use Board for
action under any of its powers without prior application to any municipal
building or zoning official. Applications addressed to the original
jurisdiction of the Land Use Board without prior application to an
administrative officer shall be filed with the Secretary of the Zoning
Land Use Board. 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 Land Use Board.
The applicant shall obtain all necessary forms from the Secretary
of the Zoning Land Use Board. 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.
[Added 12-7-2021 by Ord. No. 2021-17]
Any variance from the terms of this chapter hereafter granted
by the Land Use Board 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 one year, unless expressly limited to a shorter period by the
terms of the variance as originally approved by the Land Use Board,
from the date of entry of the judgment or determination of the Land
Use Board; 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 Land Use Board to the governing body or to
a court of competent jurisdiction until the termination in any manner
of such appeal or proceeding or unless extended by the Land Use Board
upon the showing of good cause.
