[Amended by Ord. No. 2005-41]
A. There shall be established a Zoning Board of Adjustment pursuant to and having powers and duties as set forth in §§
209-28 through
209-34.
B. Appointments.
(1) Pursuant to N.J.S.A. 40:55D-69, the Ocean Township Zoning Board of
Adjustment shall consist of seven regular members and two alternate
members. All regular members and any alternate members shall be municipal
residents. No member of the Zoning Board of Adjustment may hold any
other elective office or position under the municipality. No member
of the Board of Adjustment shall be permitted to act on any manner
in which he/she has, either directly or indirectly, any personal or
financial interest. A member may, after public hearing, if he/she
requests it, be removed by the governing body for cause. A vacancy
occurring otherwise than by expiration of term shall be filled for
the unexpired term only.
(2) The Board of Adjustment shall elect a Chairperson and Vice Chairperson
from its regular members and select a Secretary, who may or may not
be a member of the Board of Adjustment or a municipal employee.
(3) Alternate members may participate in all matters but may not vote
except in the absence or disqualification of a regular member. Participation
of alternate members shall not be deemed to increase the size of the
Zoning Board of Adjustment established by ordinance of the governing
body, pursuant to N.J.S.A. 40:55D-69. A vote shall not be delayed
in order that a regular member may vote instead of an alternate member.
In the event a choice must be made as to which alternate member is
to vote, alternate members shall vote in order of their numerical
designations. The initial terms of the member of the Ocean Township
Zoning Board of Adjustment shall be as follows:
(a)
Two members shall be appointed for initial terms of one year,
which term shall expire on December 31, 2006.
(b)
Two members shall be appointed to an initial term of two years
expiring on December 31, 2007.
(c)
Two members shall be appointed for a three-year term expiring
on December 31, 2008.
(d)
One member shall be appointed to an initial term of four years
expiring on December 31, 2009.
(4) It is being the intention of this provision to insure, to the greatest
practicable extent, that the expiration of such terms has been distributed
evenly over the first four years. All appointments thereafter for
the Zoning Board of Adjustment shall be for a term of four years in
accordance with the provisions of N.J.S.A. 40:55D-69.
(a)
Initial term of Alternate No. 1 shall be for a period of one
year, expiring on December 31, 2006.
(b)
Initial term of Alternate No. 2 shall be for a two-year term,
expiring on December 31, 2007.
(5) Thereafter, all appointments to the position of alternate member
of the Board shall be for a period of two years such that not more
than one alternate member shall expire in any one year.
[Amended by Ord. No. 2002-28]
A. Appeals to the Board of Adjustment. Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of Chapter
410, Zoning, of the Code of the Township of Ocean or the Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken 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. Applications to be filed with the Building Official. All applications
for development within the jurisdiction of the Board of Adjustment
pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., shall be
filed with the Building Official of the Township.
C. Application to the Board of Adjustment. A developer may file an application
for development with the Board of Adjustment for action under any
of its powers without prior application to the Building Official of
the Township.
D. Application forms. The applicant shall obtain all forms from the
Building Official of the Township or the Secretary of the Board of
Adjustment and shall follow the procedures set by the rules and regulations
of the board.
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 end have all the powers
of the administrative officer from whom the appeal is taken.
Any final decision of the Zoning Board of Adjustment of the
Township pursuant to an application submitted under N.J.S.A. 40:55D-70d,
commonly termed a "use" or "special reasons" variance, shall be considered
a final decision of the Zoning Board of Adjustment of the Township
and any interested party in order to appeal that final decision of
the Ocean Township Zoning Board of Adjustment, shall not be allowed
to appeal such decision to the Township Committee of the Township,
but rather shall appeal such final decision to the Superior Court
of New Jersey, Law Division.
If the Board of Adjustment lacks a quorum because any of its
regular or alternate members is prohibited by Section 56 of P.L. 1975,
c.291 (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 chairperson of the Planning Board shall make the choice.