[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Editor's Note: This ordinance also repealed former § 100-131, Establishment; composition, as amended.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.
B. 
Hear and decide, by majority vote, requests for interpretation of the Zoning Map or Part 1, Zoning, or for decisions upon other special questions upon which such Board is authorized by Part 1, Zoning, or this Part 2 to pass.
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.