Pursuant to the provisions of Chapter 291, Laws of N.J. 1975,
Section 80b, the Board of Adjustment, as heretofore established, is
hereby continued.
[Amended by Ord. No. 16-92]
A.
The Board of Adjustment shall consist of seven regular members and
two alternate members, each to be appointed by the Township Council.
B.
Temporary members. If the Board of Adjustment lacks a quorum because
any of its regular or alternate members are prohibited by the Municipal
Land Use Law 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 Chairman of the Planning Board shall make the choice.
A.
The term of each regular member shall be four years; and the term
of each alternate member shall be two years. However, the terms of
the members first appointed shall be as follows:
(1)
One regular member for a term of one year;
(2)
Two regular members for a term of two years each;
(3)
Two regular members for a term of three years each;
(4)
Two regular members for a term of four years each;
(5)
One alternate member for a term of one year; and
(6)
One alternate member for a term of two years.
B.
Alternate members shall be designated at the time of appointment
by the Municipal Council as "Alternate Number 1" and "Alternate Number
2."
C.
No member may hold any elective office or position under the municipality.
No member of the Board of Adjustment shall be permitted to act on
any matter in which he has, either directly or indirectly, any personal
or financial interest. A member may, after public hearing if he requests
it, be removed by the Municipal Council for cause. A vacancy occurring
otherwise than by expiration of term shall be filled for the unexpired
term only.
D.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification 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 Number
1 shall vote.
The Zoning Board of Adjustment is authorized to adopt bylaws
and such other rules and regulations governing its procedural operation,
which bylaws, rules and regulations shall be consistent with the provisions
of this chapter and Chapter 291, Laws of N.J. 1975. The Board shall
elect a Chairman and Vice Chairman from its members and select a Secretary
who may or may not be a member of the Board of Adjustment or a municipal
employee.
[Amended by Ord. No. 16-92]
The Board of Adjustment shall have the power to:
A.
Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an Administrative Officer based on or made in the enforcement of Part 4, Zoning, of this chapter.
B.
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 to pass by any Zoning or Official Map ordinance,
in accordance with this chapter.
C.
Use 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 pursuant to Part 4, Zoning, of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application for 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 the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) would be advanced by a deviation from the requirements of Part 4, Zoning, of this chapter, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Part 4, Zoning, of this chapter; provided, however, that no variance from those departures enumerated in Subsection D of this section 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 § 600-53 of this chapter (N.J.S.A. 40:55D-60).
D.
Bulk variances.
(1)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Part 4, Zoning, of this chapter 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) deviation from a specification or standard pursuant to Article XXIX of this chapter pertaining solely to a conditional use; (4) an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; (5) 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; or (6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members.
E.
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 pursuant to N.J.S.A. 40:55D-32.
F.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
G.
The Board of Adjustment shall have the power 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 proposed development requires approval by the Board of Adjustment of a variance pursuant to Subsection d of N.J.S.A. 40:55D-70. 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 grant of all required subsequent approval by the 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 Part 4, Zoning, of this chapter. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this article for the approval in question, and the special vote pursuant to the aforesaid Subsection d of N.J.S.A. 40:55D-70 shall not be required.
The governing body shall make provision in its budget and appropriate
funds for the expenses of the Board of Adjustment. The Board of Adjustment
may employ, or contract for, and fix the compensation of legal counsel,
other than the municipal attorney, and experts and other staff and
services as it shall deem necessary, not exceeding, exclusive of gifts
and grants, the amount appropriated by the governing body for its
use.
A.
Appeals to the Board of Adjustment may be taken by an interested
party affected by any decision of an administrative officer of the
municipality based on or made in the enforcement of Part 4, Zoning,
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.
A developer may file an application for development with the Board
of Adjustment for action under any of its powers without prior application
to an administrative officer.
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.
C.
Relief of application for development; approval by County; referrals.
(1)
Whenever an application for development requests relief pursuant to Subsection B, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a completed application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this article. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
(2)
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision,
or N.J.S.A. 40:27-6.6, in the case of a site plan, the Board of Adjustment
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time.
(3)
An application under this section 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 Zoning Board of Adjustment
shall act.
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.
An appeal to the Board of Adjustment shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made unless the officer from whose action 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 case, proceedings shall not be stayed other than by an order
of the Superior Court upon notice to the officer from whom the appeal
is taken and on due cause shown.
The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on provisions of Part 4, Zoning, of this chapter, which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The Board of Adjustment shall send copies of the report and resolution to the governing body and Planning Board.
