A.
(1)
A Zoning Board of Adjustment is hereby established pursuant to N.J.R.S.
40:55D-69 et seq., consisting of seven residents of the Town of Secaucus
appointed by the governing body to serve for terms of four years from
January 1 of the year of the 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. Nothing in this chapter shall,
however, be construed to affect the terms of any present members of
the Zoning Board of Adjustment, all of whom shall continue in office
until the completion of the terms for which they were appointed.
[Amended 3-6-85 by Ord. No. 85-5]
(2)
Two other residents shall be appointed in the manner heretofore provided
for Board of Adjustment members and shall be known as Alternate No.
1 and Alternate No. 2. The initial term of Alternate No. 1 shall expire
on January 1 of the first year following appointment and the initial
term of Alternate No. 2 shall expire on January 1 of the second year
following appointment. Thereafter, alternate members shall be appointed
for terms of two years commencing on January 1 of the year in which
the appointment is made.
[Amended 3-6-85 by Ord. No. 85-6]
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 for the unexpired term only.
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall also select a Secretary who may be either
a Board member or another municipal employee.
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment shall annually
appoint or contract for and fix the compensation of the Zoning Board
of Adjustment Attorney, who shall be an attorney other than the Municipal
Attorney.
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.
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.R.S. 2A:67A-1 et seq.) shall apply.
A.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.R.S. 40:55D-69 et seq., and amendments and supplements thereto,
and with the provisions of this chapter.
B.
The Zoning 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 the Zoning Ordinance.
(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 the Zoning Ordinance 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 the Zoning Ordinance would result in peculiar and
exceptional practical difficulties to or exceptional and undue hardship
upon the owner of such property, 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 subdivision or conditional use in
conjunction with which the Planning Board shall review a request for
a variance pursuant to N.J.R.S. 40:55D-60 (the Municipal Land Use
Law of 1975).
(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.
C.
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 zone plan and Zoning Ordinance.
A.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 19-17 of this Article, have power given by law to:
(1)
Direct issuance of a permit pursuant to N.J.R.S. 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.R.S. 40:55D-36 for a
building or structure not related to a street.
(3)
Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision approval pursuant to Article 6 of c. 291, P.L. 1975, or conditional use approval pursuant to N.J.R.S. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to Article II, § 19-17B(4), of this chapter.
B.
Any application under any subsection of this section may be referred
to any appropriate person or agency, including the Planning Board,
pursuant to N.J.R.S. 40:55D-26, for its report, provided that such
reference shall not extend the period of time within which the Zoning
Board of Adjustment shall act.
A.
Appeals to the Zoning Board of Adjustment may be taken by any person
aggrieved, any interested party or an officer, department or board
of the municipality affected by any decision of the administrative
officer, based upon or made in the enforcement of the Zoning Ordinance
or Official Map. Each appeal shall be taken within the 65 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.
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. Applications addressed to the original
jurisdiction of the Board of Adjustment without prior application
to an administrative officer shall be filed with the Secretary of
the Board of Adjustment. 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 the 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 Secretary of the Zoning Board of Adjustment, The Secretary of
the Board 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 Zoning 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 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 good cause shown.
In exercising the above-mentioned power, the Board of Adjustment
may, in conformity with the provisions of the Municipal Land Use Law,
or amendments thereto or subsequent statutes applying, reverse or
affirm, wholly or partly, or modify the order, requirement, decision
or determination appealed from and make sure 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 this chapter hereafter granted
by the Zoning 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 18 months from the date of entry 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
the governing body or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
A.
The Zoning 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 not later than 120 days after the
date of the submission of a complete application for development to
the Board pursuant to the provisions of N.J.R.S. 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.