A.
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A.
40:55D-69 et seq., consisting of seven residents of the Borough of
South Plainfield appointed by the Council to serve for terms of four
years from January 1 of the year of their appointment. The terms of
the members first appointed shall be so determined that, to the greatest
practicable extent, the expiration of such terms shall be distributed
evenly over the first four years after their appointment, provided
that the initial term of no member shall exceed four years. Thereafter,
the term of each member shall be for four years.
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 by appointment as above provided for the unexpired term only.
The Board of Adjustment shall elect a Chairperson and Vice Chairperson
from its members and shall also select a Secretary, who may or may
not be a Board member or another municipal employee.
The Zoning Board of Adjustment may annually appoint, fix the
compensation of or agree upon the rate of compensation of the Zoning
Board of Adjustment Attorney, who shall be an attorney other than
the Municipal Attorney or Planning Board Attorney. The Board shall
not, however, exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for its use for such purpose.
The Zoning Board of Adjustment may also employ or contract for
and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for its use for such purpose.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto,
and with the provisions of this chapter.
B.
It is further 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 the Zoning Ordinance
or any term, clause, sentence or word thereof and the Zoning Map,
in accordance with the general rules of construction applicable to
legislative enactments.
C.
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of Chapter 540, Zoning, in accordance with the general or specific rules contained herein and with the general rules hereby laid down so that equity shall be done in cases where the strict construction of the provision of the Zoning Ordinance would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in said Chapter 291, P.L. 1975, 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 for its decision thereon.
A.
Appeals to the Board of Adjustment may be taken by any interested
party. Each appeal shall be taken within the 20 days prescribed by
the statute by filing a notice of appeal with the officer from whom
the appeal was taken, together with three copies of said notice with
the Secretary of the 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.[1]
B.
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an administrative officer
shall be filed with the municipal Zoning Officer. 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 Board of Adjustment. The applicant shall obtain all
necessary forms from the municipal Zoning Officer. The municipal Zoning
Officer shall inform the applicant of the steps to be taken to initiate
proceedings and of the regular meeting dates of the Board.
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 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 otherwise than by a restraining order, which may
be granted by the Board of Adjustment or by the Superior Court of
New Jersey on application or notice to the officer from whom the appeal
is taken and on due cause shown.
In exercising the above-mentioned power, the Board of Adjustment
may, in conformity with the provisions of Chapter 291, P.L. 1975,
or amendments thereto or subsequent statutes applying, reverse or
affirm, wholly or partly, or may modify the order, requirement, decision
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 Chapter 540, Zoning, hereafter granted by the 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 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 Board of Adjustment to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
A.
The Board of Adjustment shall have such powers as are granted by
law to:
(1)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 540, Zoning.
(2)
Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance or for decisions upon other special questions upon which such Board is authorized by Chapter 540, Zoning, 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 Chapter 540, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner 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 further provided 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 shall review a request for a variance pursuant to Section 47A of the Municipal Land Use Law of 1975, Chapter 291, P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-60a.
(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 Master Plan and Zoning Ordinance.
Any application under any subsection of this section may be referred
to any appropriate person or agency, including the Planning Board,
for its report, provided that such reference shall not extend the
period of time within which the Zoning Board of Adjustment shall act.[2]
[Amended 10-3-1996 by Ord. No. 1433]
A.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 515-24 of this article, have power given by law to:
(1)
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.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
B.
The Board of Adjustment shall have the power to grant, subject to
the same restrictions as the Planning Board, subdivision or site plan
approval pursuant to Article 6 of Chapter 291, P.L. 1975,[1] or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a use variance pursuant to Article V, § 515-24A(4), of this chapter. The Board of Adjustment shall, pursuant to N.J.S.A. 40:55D-10.1, also have the power to conduct, subject to the same restrictions as the Planning Board, an informal review of a concept plan for a development which will require a use variance and either subdivision approval or site plan approval, for which the developer intends to prepare and submit an application for development.
[1]
Editor's Note: See N.J.S.A. 40:55D-37 et seq.
A.
The 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-70b.
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.
