As permitted in the Municipal Land Use Law (N.J.S.A. 40:55D-25(c)
the Borough of Spotswood, having a population of 15,000 persons or
less, herein provides that the nine-member Planning Board created
above in this subsection shall be authorized to exercise, to the same
extent and subject to the same restrictions, all powers of a Zoning
Board of Adjustment as specified below. Since the powers and jurisdiction
of the Zoning Board of Adjustment have been delegated to it by the
Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Planning Board
shall in all cases follow the provisions applicable to it in said
statute. Additionally, no Class I or Class III member shall participate
in an application for any "D" variance found in the Municipal Land
Use Law (N.J.S.A. 40:55D-70(d) et seq.
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 chapter.
B. Exceptions or interpretations. Hear and decide requests for interpretation
of the Zoning Map or the Zoning Ordinance or for decisions upon other
special questions upon which the Board is authorized to pass by any
zoning provisions of this chapter or by any duly adopted Official
Map.
C. General bulk variances.
(1)
Where the strict application of any regulation of this chapter
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon, the developer of a property,
grant, upon an application or an appeal relating to the property,
a variance from the strict application of such regulation so as to
relieve such difficulties or hardship, based upon one or more of the
following three reasons:
(a)
Exceptional narrowness, shallowness or shape of a specific piece
of property; or
(b)
Exceptional topographic conditions or physical features uniquely
affecting a specific piece of property; or
(c)
An extraordinary and exceptional situation uniquely affecting
a specific piece of property or the structures lawfully existing thereon.
(2)
Where, in an application or appeal relating to a specific piece
of property, the purposes of this chapter 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.
D. Use variances, variances from conditional use standards.
(1)
In particular cases and for special reasons, grant a variance
to allow departure from the zoning provisions of this chapter to permit:
(a)
A use or principal structure in a zoning district restricted
against such use or principal structure;
(b)
An expansion of a nonconforming use;
(c)
A deviation from a particular specification or standard set
forth in this chapter as pertaining solely to a conditional use;
(d)
An increase in the permitted floor area ratio as defined in
this chapter and in N.J.S.A. 40:55D-4;
(e)
An increase in the permitted density as defined in this chapter 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 §
120-304 hereinabove; or
(f)
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the zoning district for a principal
structure.
(2)
A variance under this subsection shall be granted only by affirmative
vote of at least five members of the Planning Board. Additionally,
no Class I or Class III member shall participate in an application
for any variance found in the Municipal Land Use Law (N.J.S.A. 40:55D-70(d)
et seq.
E. General provisions.
(1)
No variance or other relief may be granted by the Planning Board
under the terms of this chapter unless such variance or other relief
can be granted without substantial detriment to the public good and
without substantial impairment to the intent and purpose of the zone
plan and the zoning provisions of this chapter.
(2)
An application under this subsection of the chapter may be referred
by the Planning Board to any appropriate person or agency for its
report, provided that such reference shall not extend the period of
time within which the Planning Board shall act.
(3)
The Planning Board, in granting any variance which by law it
is authorized to grant, may impose such conditions, in addition to
those required in this chapter, as are necessary to assure that the
general purposes and intent of this chapter are met.
(4)
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,
provided that the following exceptions shall apply:
(a)
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.
(b)
For good cause shown, and after a hearing before the Board on
notice in the manner required for original variance applications,
the Planning Board may extend the variance by resolution. Any extension
may not exceed one year in duration and no more than four such 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.
(c)
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.
F. Other powers. The Planning Board 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 Borough, 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 Planning Board, 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.
(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 Borough, or which is an existing
state, county or municipal street or highway; or a street shown upon
a plat approved by the municipal Planning Board; or 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 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.
(3)
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 Planning Board. No such subsequent
approval shall be granted unless such approval can be granted without
substantial detriment to the public good and without substantial impairment
to the intent and purpose of the zone plan and the zoning provisions
of this chapter. The number of votes of Board members required to
grant such subsequent approval shall be as otherwise provided in this
chapter for the approval in question.
(4)
Simultaneous review. The Planning Board shall have the power
to act upon subdivision, conditional use, site plan or variance applications
simultaneously without the applicant making further application for
hearings. The longest time period for action by the Board, whether
it is for subdivision, conditional use, site plan or variance approval,
shall apply. Whenever approval of a conditional use or variance is
requested by the applicant in conjunction with a site plan or subdivision
application, notice of the hearing on the plan shall include reference
to the request for such conditional use or variance.
Any decision of the Planning Board when acting upon an application
for development and any decision of the Borough 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 Borough
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 indicated in this chapter.
B. The Administrative Officer shall cause a brief notice of every final
decision of the Planning Board or Borough Council, as the case may
be, to be published in an official newspaper of the Borough. The notice
shall be sent to an official newspaper for publication within 10 days
of the date of any such decision and the cost for the notice shall
be charged to the applicant's escrow account.
C. A copy of the decision shall also be filed in the office of the Administrative
Officer, who shall make a copy of such filed decision available to
any interested party upon payment of the fee as indicated in this
chapter.