A.
A Zoning Board of Adjustment is established pursuant to N.J.S.A.
40:55D-69 et seq., consisting of seven members, all of whom shall
be residents of the Township of Irvington, appointed by the Municipal
Council to serve terms of four years from date of their appointment.
Additionally, there shall be appointed two alternate members, designated
as "Alternate 1" and "Alternate 2." Each alternate shall serve for
a period of two years, and both shall be residents of Irvington. Alternate
members may participate in discussions of the proceedings but may
not vote except in the absence 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 1" shall vote. Nothing in this chapter
shall, however, be construed to affect the term of any present members
and any present alternate members of the Zoning Board of Adjustment,
all of whom shall continue in office and complete the terms to which
they were appointed.
[Amended 4-26-1988 by Ord. No. MC 2854; 10-11-1988 by Ord. No. MC 2868; 1-29-1991 by Ord. No. MC 2919; 12-23-1991 by Ord. No. MC 2934; 8-11-1992 by Ord. No.
MC 2953]
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.
[Amended 3-8-1988 by Ord.
No. MC 2849]
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall also, with the Planning Board, select a
Secretary who shall serve at the pleasure of the Boards and who shall
be designated as "Secretary to the Planning Board and Board of Adjustment."
There is hereby created the office of Zoning Board of Adjustment
Attorney. The Zoning Board of Adjustment may annually appoint and
agree upon the rate of compensation of the Zoning Board of Adjustment
Attorney, who shall be an attorney other than the Municipal Attorney.
The Zoning Board of Adjustment may also employ or contract for
the services of experts and other staff and services as it may deem
necessary.
The Board shall adopt and may amend such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter.
The Zoning Board of Adjustment shall have such powers as are
set forth in N.J.S.A. 40:55D-69 et seq. and amendments and supplements
thereto. It is 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.
A.
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, that equity shall be done
in cases where the strict construction of the provisions of this chapter
would work undue hardship.
B.
In all cases, the Board shall follow the applicable provisions of
N.J.S.A. 40:55D-1 et seq. 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 or applications may properly be filed with the Board.
A.
Appeals to the Zoning Board of Adjustment may be taken by any interested
party affected by any decision of the Building Inspector based on
or made in the enforcement of the Zoning Ordinance[1] or Official Map. An appeal shall be taken within 20 days
prescribed by law by filing a notice of appeal with the officer from
whom the appeal is taken, together with three copies of said notice
with the Secretary to the Planning Board and Board of Adjustment.
Said notice of appeal shall specify the grounds for 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.
[Amended 3-8-1988 by Ord.
No. MC 2849[2]]
B.
Applications addressed to the original jurisdiction of the Zoning
Board of Adjustment without prior application to the Building Inspector
shall be filed with the Secretary to the Planning Board and Board
of Adjustment. Eight 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 the 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 Board. The applicant
shall obtain all necessary forms from the Secretary to the Planning
Board and Board of Adjustment. The Secretary to the Planning Board
and Board of Adjustment shall inform the applicant of the steps to
be taken to initiate proceedings and of the regular meeting dates
of the Board.
[Amended 3-8-1988 by Ord.
No. MC 2849]
C.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Zoning 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 cases, proceedings
shall not be stayed other than by an order of the Superior Court.
In exercising the powers set forth herein, the Zoning 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 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 Zoning Board of Adjustment, 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 from the date of publication of the notice of the
judgment or determination of the Zoning 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 Zoning 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 Zoning Board of Adjustment shall have such powers as are granted
by law to:
(2)
Hear and decide requests for interpretation of the Zoning Map or
Ordinance or for decisions upon other special questions upon which
such Board is authorized by the Zoning Ordinance to pass.
(3)
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 the Zoning Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, to grant, upon an application or an appeal relating to such property, 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 provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use pursuant to § 365-7H.
(4)
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by 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 Zoning Ordinance.
Any application under any subsection of this section may be referred
to any appropriate person or municipal agency for its report, provided
that such reference shall not extend the period of time within which
the Zoning Board of Adjustment shall act.
The Zoning Board of Adjustment shall have the following additional
powers:
A.
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for
a building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
B.
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for
a building or structure not related to a street.
C.
To grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 et seq., or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a variance pursuant to § 365-19A(4). All such applications shall be referred to the Planning Board for its report, but such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act. The Planning Board shall render its report not later than 45 days after the date said application is referred to it by the Zoning Board of Adjustment.
A.
The Zoning 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-72b.
B.
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.
