[Ord. No. 1992-1 § 2; Ord. No. 2001-15 § 5]
The Zoning Board of Adjustment shall have the powers listed
below in addition to other powers established by law. Since the powers
and jurisdiction of the Zoning Board of Adjustment have been delegated
to and imposed upon it by the Municipal Land Use Law (N.J.S.A. 40:55D-1
et seq.), the Zoning Board of Adjustment shall in all cases follow
the provisions applicable to it in said statute or subsequent statute(s)
in such case made and provided.
A. Error or Refusal. Hear and decide appeals where it is alleged by
the applicant that there is an error in any order, requirement, decision
or refusal made by an official based on or made in the enforcement
of the zoning provisions of this ordinance.
B. Exceptions or Interpretations. Hear and decide requests for interpretation
of the Zoning Map or the zoning provisions of this ordinance or for
decisions upon other special questions upon which the Board is authorized
to pass by any zoning provisions of this ordinance or by any duly
adopted Official Map.
C. General Bulk Variances.
1. Where (a) by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, or (b) by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or (c) 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 any regulation
of this ordinance 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 an appeal relating
to such property, a variance from such strict application of such
regulation so as to relieve such difficulties or hardship.
2. Where, in an application or appeal relating to a specific piece of
property the purposes of this ordinance would be advanced by a deviation
from the zoning requirements and the benefits of the deviation would
substantially outweigh any detriment, grant a variance to allow departure
from such zoning requirements.
3. No variance from those departures enumerated in § 702.D
hereinbelow (N.J.S.A. 40:55D-70[d]) shall be granted under this subsection;
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 has power to review
a request for a variance pursuant to § 705.J of this ordinance
(N.J.S.A. 40:55D-60[a]).
D. Use Variance, Variances From Conditional Use Standards, and Major
Specific Bulk Variances. In particular cases and for special reasons,
grant a variance to allow departure from the zoning provisions of
this ordinance to permit:
1. A use or principal structure in a district restricted against such
use or principal structure;
2. An expansion of a nonconforming use;
3. A deviation from a particular specification or standard set forth
in this ordinance as pertaining solely to a conditional use;
4. An increase in the permitted floor area ratio as defined in this
ordinance and in N.J.S.A. 40:55D-4;
5. An increase in the permitted density as defined in this ordinance,
and 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, in which event applications would be made
pursuant to § 702.C hereinabove; or
6. A height of a principal structure which exceeds by 10 feet or 10%
the maximum height permitted in the zoning district for the principal
structure.
A variance under this subsection shall be granted only by affirmative
vote of at least five members of the Board.
E. General Provisions.
1. No variance or other relief may be granted by the Board 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 the zoning provisions of this ordinance.
2. In respect of any airport hazard areas delineated under the "Air
Safety and Hazardous Zoning Act of 1983" (N.J.A.C. 6:1-80 et seq.),
no variance or other relief may be granted permitting the creation
or establishment of a nonconforming use which would be prohibited
under the standards promulgated pursuant to that act, except upon
issuance of a permit by the Commissioner of Transportation.
3. An application under this section may be referred by the Zoning Board
of Adjustment 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.
4. The Zoning Board of Adjustment, in granting any variance which by
law it is authorized to grant, may impose such conditions, in addition
to those required in this ordinance, as are necessary to assure that
the general purposes and intent of this ordinance are met. Such conditions
may include, but are not limited to, harmonious design of buildings,
maintenance of a sign or sound screen, the minimizing of noxious,
offensive or hazardous elements, preservation of natural features,
landscaping, and the posting of performance guarantees of the nature
required in this ordinance to assure compliance with the requirements
that will survive initial construction and the issuance of the Certificates
of Occupancy.
5. All variances shall expire within one year from the date of the variance
approval unless the owner shall have secured a construction permit
and shall have commenced construction in conformity with the variance
approval, including any conditions attached to the approval. For variances
which become the subject of litigation, the one-year period shall
commence on the date of the last reviewing court's decision to grant
the variance. For good cause shown, and after a hearing before the
Board on notice in the manner required for original variance applications,
the Zoning Board of Adjustment may extend the variance by resolution.
Any extension may not exceed one year in duration and no more than
four extensions shall be permitted. To receive consideration, an application
for extension of a variance shall be made prior to the expiration
of the time limit sought to be extended. Anything herein to the contrary
notwithstanding, any variance granted with a site plan, subdivision,
and/or conditional use approval shall expire with the expiration of
the site plan, subdivision, and/or conditional use approval.
6. Any municipal variance approval which grants relief from the density
or lot area requirements set forth in §§ 403.D, 404.D,
405.D, 414.D, 415.D and 416.D for the GMS, GD, RGD-1, RS-1, HVR, VRD
or RHO Districts shall require that Pinelands Development Credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
7. Any variance or other approval for a residential use in the HC-1,
HC-2, CC, RC, PI or HVC Zones shall require that Pinelands Development
Credits be used for 50% of the authorized units for parcels under
10 acres in size; for 75% of the authorized units for parcels between
10 and 20 acres in size and for 100% of the authorized units for parcels
over 20 acres in size.
8. Any municipal variance or other approval for the development of a
nonresidential use not otherwise permitted in the GMS, GD, HVR or
VRD Zones shall require that Pinelands Development Credits be used
at 50% of the maximum rate permitted for Pinelands Development Credit
use in the zone in which the nonresidential use will be located for
parcels under 10 acres in size; at 75% of the maximum rate for parcels
between 10 and 20 acres in size; and at 100% of the maximum rate for
parcels over 20 acres in size. This requirement shall not apply to
a variance or other approval which authorizes the expansion of or
changes to existing nonresidential uses in accordance with N.J.A.C.
7:50-5.2.
F. Other Powers. The Zoning Board of Adjustment shall have such other
powers as prescribed by law, including, but not limited to, the following:
1. Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34
for the construction of a building or structure within the bed of
a mapped street or public drainageway, flood control basin or public
area as shown on a duly adopted Official Map, if an Official Map is
adopted by the Township, whenever one or more parcels of land within
said bed cannot yield a reasonable return to the owner unless a construction
permit is granted. The Board may grant such relief only by affirmative
vote of a majority of the full authorized membership of the Zoning
Board of Adjustment, ensuring that such relief will tend to cause
a minimum change of the Official Map and will not significantly add
to the cost of opening any proposed street. The Board shall impose
reasonable requirements as a condition of granting the construction
permit so as to promote the health, morals, safety and general welfare
of the public.
The Zoning Board of Adjustment shall not exercise the power
otherwise granted herein if the proposed development requires approval
by the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board has power to direct the
issuance of the permit pursuant to N.J.S.A. 40:55D-60b and Subsection
705.J.2 of this ordinance.
2. Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36
for the construction of a building or structure on a lot not abutting
a street which is shown on a duly adopted Official Map, if an Official
Map is adopted by the Township, or which is (a) an existing State,
County or municipal street or highway; or (b) a street shown upon
a plat approved by the municipal Planning Board; or (c) a street on
a plat duly filed in the office of the County Recording Officer. The
Board may grant such relief only when the enforcement of the statute
requirement that a building lot abut a street would entail practical
difficulty or unnecessary hardship, or where the circumstances of
the case do not require the building or structure to abut a street.
The Board shall impose requirements or conditions that will provide
adequate access for fire fighting equipment, ambulances and other
necessary emergency vehicles for the protection of the health and
safety and that will protect any future street layout on the Official
Map or on the Traffic Circulation Plan element of the municipal Master
Plan.
The Zoning Board of Adjustment shall not exercise the power
otherwise granted herein if the proposed development requires approval
by the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board has power to direct the
issuance of a permit pursuant to N.J.S.A. 40:55D-60c and Subsection
705.J.3 of this ordinance.
3. The Zoning Board of Adjustment shall have the power to grant, to
the same extent and subject to the same restrictions as the Planning
Board, subdivision, site plan or conditional use approval whenever
the proposed development requires approval by the Zoning Board of
Adjustment of a variance pursuant to § 702.D of this ordinance.
The developer may elect to submit a separate application requesting
approval of the variance and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance shall be conditioned upon a grant of all
required subsequent approvals by the Zoning Board of Adjustment. No
such subsequent approval shall be granted unless such approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and the zoning provisions of this ordinance. The number of votes of
Board members required to grant such subsequent approval shall be
as otherwise provided in this ordinance for the approval in question,
and the special vote pursuant to § 702.D of this ordinance
shall not be required.
[Ord. No. 1992-1 § 2]
The Planning Board shall have the powers listed below in addition
to other powers established by law. Since the powers and jurisdiction
of the Planning Board have been delegated to and imposed upon it by
the Municipal Land Use Law (N.J.S.A. 40:55D-I et seq.), the Planning
Board shall in all cases follow the provisions applicable to it in
said statute or subsequent statute(s) in such case made and provided.
A. Make, adopt and, from time to time, amend a Master Plan for the physical
development of the Township, including any areas outside its boundaries
which, in the Board's judgement, bear essential relationship to the
planning of the Township.
B. Administer the Subdivision and Site Plan Review provisions of the
Land Development Ordinance in accordance with the applicable provisions
of said Ordinance and with the applicable provisions of the Pinelands
Protection Act (N.J.S.A. 13:18A-1 et seq.).
C. Hear and decide applications for conditional uses in accordance with
the applicable provisions of this ordinance.
D. Participate in the preparation and review of programs or plans required
by State or Federal law or regulation.
E. Assemble data on a continuing basis as part of a continuous planning
process.
F. Annually, at the request of the Township Council, prepare a program
of municipal capital improvements projects projected over a term of
six years and recommend same to the Township Council.
G. Consider and report to the Township Council within 35 days after
referral as to any proposed development regulation submitted to it
and also pass upon other matters specifically referred to the Planning
Board by the Township Council.
H. Make available to the Historic Preservation Commission an informational
copy of every site plan and/or subdivision application submitted to
the Board for development in historic zoning districts or on historic
sites designated in the Medford Village Historic Preservation And
Growth Plan.
I. Perform such other advisory duties as are assigned to it by Ordinance
or resolution of the governing body for the aid and assistance of
the governing body or other agencies and officers.
J. Whenever a proposed development requires approval of a subdivision,
site plan or conditional use, but not a variance pursuant to § 702.D
of this ordinance (N.J.S.A. 40:55D-70[d]), to grant to the same extent
and subject to the same restrictions as the Zoning Board of Adjustment:
1. Variances pursuant to § 702.C of this ordinance (N.J.S.A.
40:55D-70[c]).
2. Direction pursuant to Subsection 702.F.1 of this ordinance (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.
3. Direction pursuant to Subsection 702.F.2 of this ordinance (N.J.S.A.
40:55D-36) for issuance of a permit for a building or structure not
related to a street.
Whenever relief is requested pursuant to this section, notice
of the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit,
as the case may be.
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit,
and a subsequent application for any required approval for a subdivision,
site plan, or conditional use. The separate approval of the variance
or direction of the issuance of a permit, shall be conditioned upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and the zoning provisions of this ordinance.
[Ord. No. 1992-1 § 2; Ord. No. 1997-8 § 1; Ord. No. 1998-6 § 1]
Any interested party has the right to appeal any final decision
of the Zoning Board of Adjustment to a court of competent jurisdiction
according to law.
[Ord. No. 1992-1 § 2]
Any decision of the Planning Board or the Zoning Board of Adjustment
when acting upon an application for development and any decision of
the Township Council when acting upon an appeal shall be given notice
in the following manner:
A. A copy of the decision shall be mailed by the appropriate Township
authority within 10 days of the date of decision to the applicant
or appellant, or, if represented, then to his attorney, without separate
charge. A copy of the decision shall also be mailed within 10 days
to any interested party who has requested it and who has paid the
fee prescribed by the Township authority for such service.
B. A brief notice of every final decision shall be published in the
official newspaper of the Township. Such publications shall be arranged
by the Secretary of the Planning Board, the Secretary of the Zoning
Board of Adjustment, or the Township Clerk, as the case may be, without
separate charge to the applicant. The notice shall be sent to an official
newspaper for publication within 10 days of the date of any such decision.
C. A copy of the decision shall also be filed in the office of the Township
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the Township.
D. Regarding any decision approving or denying an application for development
in the Pinelands Area of the Township, notice of the decision shall
be given to the Executive Director of the Pinelands Commission by
certified mail within five days of the decision. Such notice shall
be in such form as the Executive Director shall from time to time
specify, but shall contain at least the information required pursuant
to N.J.A.C. 7:50-4.18(c).
[Ord. No. 1992-1 § 2]
The Historic Preservation Commission shall have the powers listed
below in addition to other powers established by law:
A. Prepare a survey of historic sites and/or historic district areas
within the municipality in accordance with criteria identified in
the survey report, including but not limited to the following:
1. That the site or district is associated with events that have made
a significant contribution to the broad patterns of our history; or
2. That the site or district is associated with the lives of persons
significant in our past; or
3. That the site or district embodies the distinctive characteristics
of a type, period, or method of construction, or that represent the
work of a master, or that possess high artistic values, or that represent
a significant and distinguishable entity whose components may lack
individual distinction; or
4. That the site or district has yielded, or may be likely to yield,
information important in prehistory or history.
B. Make recommendations to the Planning Board on the historic preservation
element of the Master Plan and on the implementations for preservation
of historic sites for any other Master Plan elements.
C. Advise the Planning Board on the inclusion of historic sites in the
recommended capital improvement program.
D. Advise the Planning Board and Zoning Board of Adjustment on applications
for development pursuant to N.J.S.A. 40:55D-110.
E. Provide written reports pursuant to N.J.S.A. 40-55D-111 and § 806.C
of this ordinance on the application of the Zoning Ordinance provisions
concerning historic preservation.
F. Carry out such other advisory, educational, and informational functions
as will promote historic preservation in the Township.
G. Issue certificates of appropriateness for the activities described
in § 806.D of this ordinance.
[Ord. No. 1999-22 §§ 1-3]
A. This ordinance creates a new Chapter 711 of the Medford Township
Land Development Ordinance entitled Citizens Architectural Advisory
Committee.
B. There shall be a Citizens Architectural Advisory Committee, to consist
of five members appointed by and serve at the pleasure of the Mayor
of Medford Township. The Citizens Architectural Advisory Committee
shall undertake responsibility for architectural review of all development
applications involving site plan review, and assist and/or collaborate
with the Medford Township Planning Board and Medford Township Zoning
Board of Adjustment in their duties, which shall include but is not
limited to:
1. Advising the Planning Board on the architectural element of the Master
Plan;
2. Advising the Planning Board and Zoning Board of Adjustment on applications
for development.
3. Carrying out such other advisory, educational and informational functions
as will promote architecture design and aesthetic considerations in
the municipality.
The Planning Board and Zoning Board of Adjustment, as the case
may be, shall receive and review the report and recommendations of
the Citizens Architectural Advisory Committee, consistent with N.J.S.A.
40:55D-27, and shall give said recommendations due deference.
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C. The Citizens Architectural Advisory Committee is hereby created consisting
of five members appointed by the Mayor. All members shall serve for
a period of three years, except that of those first appointed, where
two members shall serve for a period of three years; two members shall
serve for a period of two years; and one member shall serve for a
period of one year. Upon the expiration of a members term, the member
may be reappointed to subsequent terms at the discretion of the Mayor.