The Board of Adjustment shall have the power to:
A. Error or Refusal: 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 officer based on or made in the
enforcement of the Unified Development Ordinance.
B. Exceptions or Interpretations: Hear and decide, in accordance with
the provisions of this chapter, requests for interpretation of the
Zoning Map or for decisions upon other special questions upon which
the Board is authorized to pass, by any ordinance or Official Map.
C. Variance of Area or Yard Requirements: Where, by reason of exceptional
narrowness, shallowness or shape of a specific piece of property;
or by reason of exceptional topographic conditions; or physical features
uniquely affecting a specific piece of property; or by reason of other
extraordinary and exceptional situation or condition of such piece
of property or the structures thereon, the strict application of any
regulation of this chapter would result in peculiar and exceptional
practical difficulties or to 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 any difficulties or hardships;
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 ordinance requirements and the benefits of the deviation
would substantially outweigh any detriment, grant a variance to allow
departure from the zoning regulations; provided, however, that a proposed
use is an inherently beneficial use shall not be dispositive of a
decision on a variance under this section and provided 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
in conjunction with which the Planning Board shall review a request
for a variance pursuant to this chapter.
D. Variance of Use Regulations: In particular cases and for special
reasons grant a variance to permit (1) a structure or use in a district
restricted against such structure or use; (2) an expansion of a nonconforming
use; (3) deviation from a specification or standard pertaining solely
to a conditional use; (4) an increase in the permitted floor area
ratio; (5) an increase in the permitted density, 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 ten (10') feet
or 10% the maximum height permitted in the district for a principal
structure. A variance under this section shall be granted only by
affirmative vote of 2/3 of the full authorized membership of the Board.
E. If an application for development requests one or more variances
but not a variance for purpose enumerated in Subsection D of this
section, the decision on the requested variance or variances shall
be rendered under Subsection C of this section.
F. General Provision: No variance or other relief may be granted under
the terms of this section including a variance or other relief involving
an inherently beneficial use, without showing that 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 this chapter. Any application to the Board of Adjustment
under 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.
G. Other Powers: The Board of Adjustment shall have such other powers
as prescribed by law, by affirmative vote of a majority of the full
authorized membership of the Board, including but not limited to,
the following:
1. By direct issuance of a building permit 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 Ordinance of the municipality whenever one or
more parcels of land within said bed cannot yield a reasonable return
to the owner unless a building permit is granted. The Board shall
impose reasonable requirements as a condition of granting the building
permit as to promote the health, morals, safety and general welfare
of the public.
The Board of Adjustment shall not exercise the power otherwise
granted by this section if the proposed development requires approval
by the Planning Board of a subdivision, plan or conditional use in
conjunction with which the Planning Board has power to direct the
issuance of permit pursuant to N.J.S.A. 40:55D-60.
2. Direct issuance of a building permit for construction of a building
or structure on a lot not abutting a street which is shown on a duly
adopted Official Map of the Municipality or which is (1) an existing
State, County or municipal street or highway; or (2) a street shown
upon a plat approved by the Municipal Planning Board; or (3) a street
on a plat duly filed in the office of the County Recording Officer.
Before any such permit shall be issued, (1) such street shall have
been certified to be suitably improved to the satisfaction of the
Township Committee, or such suitable improvement shall have been assured
by means of a performance guarantee, in accordance with standards
and specifications for road improvements approved by the Township
Committee, as adequate in respect to the public health, safety, and
general welfare of the special circumstance of the particular street
and (2) if applicable, it shall have been established that the proposed
access conforms with the standards of the State Highway Access Management
Code adopted pursuant to the State Highway Access Management Act of
1989. The Board may grant such relief only where enforcement of the
statute requirement that a building lot abut a street would entail
practical difficult or unnecessary hardship, or where circumstances
of the case do not require the building or structure to abut a street.
The Board shall impose requirements of conditions that will provide
adequate access for fire fighting equipment, ambulances and other
emergency vehicles necessary for the protection of health and safety
and will protect any future street layout shown on the Official Map
or on the general circulation plan element of the Municipal Master
Plan.
3. 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 plan approval or conditional use approval whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to §
18-301 of this chapter; provided, however, that the exercise of subdivision and/or plan review by the Zoning Board of Adjustment shall be restricted to that lot (or lots) upon which the proposed variant use is to be situated.
H. Inquiries as to whether a proposed land use is permissible under
this chapter shall be submitted in writing to the Board of Adjustment
which shall issue a written response within 45 days after the next
meeting following receipt of the request or within such additional
time as may be consented to by the inquirer.
The Planning Board shall have the powers listed below in addition
to other powers established by law:
A. Prepare, maintain and administer the Master Plan for the physical
development of the Township, including any areas outside its boundaries
which, in the Board's judgment, bear essential relation to the planning
of the Township.
B. Administer the provisions of this chapter.
C. Participate in the preparation and review of programs or plans required
by State or Federal law or regulations.
D. Assemble data on a continuing basis as part of a continuous planning
process.
E. Prepare a capital improvements program if authorized by the Township
Committee.
F. Consider and make report to the governing body 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 governing body.
G. The Planning Board shall have such other powers as prescribed by
law, including, but not limited to, the power to grant the following
variances, to the same extent and subject to the same restrictions
as the Zoning Board of Adjustment, when the Planning Board is reviewing
applications for approval of subdivisions, plans or conditions uses:
1. Variances pursuant to §
18-301C of this chapter from lot area, lot dimension, setback and yard requirements; provided that relief pursuant to this subsection from lot area requirements shall not be granted if there is an increase in the permitted density requiring a variance pursuant to §
18-301D.
2. Direction pursuant to § 18-301G1 of this chapter 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; and
3. Direction pursuant to § 18-301G2 of this chapter for issuance
of a permit for a building or structure on a lot not abutting a street.
Notice of the hearing on an amendment to this chapter proposing
a change to the classification or boundaries of a zoning district,
exclusive of classification or boundary changes recommended in a periodic
general reexamination of the Master Plan by the Planning Board pursuant
to Section 76 of P.L.1975, c.291 (C.40:55D-89), shall be given prior
to adoption in accordance with the provisions of Section 2 of P.L.1995,
c.249 (C.40:55D-62.1). A protest against any proposed amendment or
revision of a zoning ordinance may be filed with the Municipal Clerk,
signed by the owners of 20% or more of the area either (1) of the
lots or land included in such proposed change, or (2) of the lots
or land extending 200 feet in all directions there from inclusive
of street space, whether within or without the municipality. Such
amendment or revision shall not become effective following the filing
of such protest except by the favorable vote of 2/3 of all the members
of the governing body of the municipality.
Notice of any decision of the Planning Board or Zoning Board
of Adjustment when acting upon an application for development and
any decision of the governing body when voting upon an appeal shall
be given in the following manner:
A. A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant or appellant, or, if represented,
to their 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 required fee.
B. A brief notice of the decision shall be published in the official
newspaper of the Township. The cost for such publication shall be
charged to the applicant and arranged by either the Secretary of the
Planning Board or Zoning Board of Adjustment. The notice shall be
sent to the official newspaper for publication within 10 days of the
date of 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
and shall also make the copy of the decision available for public
inspection during normal business hours.