[Ord. No. 95-588 Art. VI]
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
Pine Hill, appointed by the Borough Council, to serve for terms of
four years from January 1 of the year of their appointment.
b.
There shall be two alternate members. Alternate members shall be
designated by the Chairman of the Zoning Board of Adjustment as "Alternate
No. 1" and "Alternate No. 2" and shall serve in rotation during the
absence or disqualification of any regular member or members. The
term of each alternate member shall be two years. Alternate members
shall be appointed by the Borough Council.
c.
The terms of the members first appointed shall be so determined to
the greatest practicable extent that the expiration of such terms
shall be distributed, in the case of regular member, evenly over the
first four years after their appointment, provided that the initial
term of no regular member shall exceed four years and that the initial
term of no alternate member shall exceed two years. Thereafter, the
term of each regular member shall be four years, and the term of each
alternate member shall be two years. Nothing in this chapter shall,
however, be construed to affect the term of any present member of
the Zoning Board of Adjustment, all of whom shall continue in office
until the completion of the term for which they were appointed.
d.
No member of the Zoning Board of Adjustment may hold any elective
office or position under the municipality.
e.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
f.
No member shall be permitted to act on any matter in which he has,
either directly or indirectly, any personal or financial interest.
g.
A member may, after public hearing if he requests it, be removed
by the Borough Council for cause.
h.
No member of the Zoning 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 governing body for cause.
[Ord. No. 95-588 Art. VI]
The Zoning Board of Adjustment shall elect a Chairman and Vice
Chairman from its members. The Administrative Officer or Secretary
shall be appointed by the Mayor and may or may not be a Board member
or municipal employee.
[Ord. No. 95-588 Art. VI]
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint
and fix or agree upon the rate of compensation which shall not exceed
that appropriated by the governing body, for the Zoning Board of Adjustment
Attorney, who shall be an attorney other than the Municipal Attorney.
[Ord. No. 95-588 Art. VI]
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.
[Ord. No. 95-588 Art. VI]
a.
The Board of Adjustment shall have such powers as are granted by
N.J.S.A. 40:55D-69 et seq. and amendments and supplements thereto
and with the provisions of this chapter to:
1.
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 official or agency based on or made in the enforcement
of this chapter.
2.
Hear and decide request for interpretation of the Zoning Map or this
chapter or for decisions upon other special questions upon which such
Board is authorized to pass by this chapter.
3.
Where by reason of exceptional narrowness, shallowness or slope 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 this chapter 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, including a variance for a
conditional use, 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,
site plan or conditional use in conjunction with which the Planning
Board shall review a request for a variance pursuant to this chapter.
4.
In particular cases and for special reasons, grant a variance to
allow departure from any regulations pursuant to this chapter, including
but not limited to, allowing a structure or use in a district restricted
against such structure or use, but only by the affirmative vote of
at least five members 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 zone plan and this chapter. 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 which the Zoning Board of Adjustment shall act.
[Ord. No. 95-588 Art. VI]
The Zoning Board of Adjustment shall, in addition to the powers
specified in this chapter, have power given by law to:
a.
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 drainage
way, flood control basin or public area reserved pursuant to N.J.S.A.
40:55-32.
b.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
c.
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 Article 6 of Chapter
291 of the Laws of 1975 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 this chapter. The developer
may elect to submit a separate application requesting approval of
the variance and subsequent application for any required approval
of the subdivision, site plan, or conditional use. The separate approval
of the variance shall be conditioned upon grant of all required subsequent
approvals 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 Zoning Ordinance. The
number of votes of Board members required to grant any subsequent
approval shall be as otherwise provided in this chapter for the approval
in question, and the special vote pursuant to this chapter.
d.
Whenever an applicant for development requests relief pursuant to
paragraph c of this subsection, the Zoning Board of Adjustment shall
act in accordance with the following provisions:
1.
The Board of Adjustment shall grant or deny approval of the application
within 120 days after submission by a developer of a complete application
to the Secretary of the Board of Adjustment or within such other 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 chapter. Failure of the Board of Adjustment
to act within the period prescribed shall constitute approval of the
application, which shall be noted on a certificate by the Secretary
of the Board of Adjustment as to the failure of the Board of Adjustment
to act and which 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 Section 5 of P.L. 1968, c. 285 in the case of
subdivision, or Section 8 of P.L. 1968, c. 285, 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 of 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 exceed the period of time within which the Zoning Board of Adjustment
shall act.
[Ord. No. 95-588 Art. VI]
a.
A developer may file an application for development with the Board
of Adjustment for action under any of its powers without prior application
to any administrative officer.
b.
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of an administrative officer of the
municipality based on or made in the enforcement of the Zoning Ordinance
or Official Map. Such appeal shall be taken within 20 days by filing
a notice of appeal with the officer from whom the appeal was taken.
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.
[Ord. No. 95-588 Art. VI]
a.
If an application for development is filed with the Board of Adjustment,
whether or not an appeal from a decision of an administrative officer
is also taken, the applicant shall submit three copies of his completed
application to the Secretary of the Zoning Board of Adjustment. At
the time of filing the appeal or application, but in no event less
than 10 days prior to the date set forth for hearing, the applicant
shall also file all plot plans, maps of the papers required by virtue
of any provisions 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.
b.
The time for the Board's review shall not begin to run until the
submission of a complete application with the fee specified in this
chapter. Unless the applicant is informed in writing by the Secretary
of the Board of Adjustment within 45 days of the actual submission
of the application that it is incomplete, said application shall be
deemed complete as of the date it was submitted.
c.
A complete application for development under this article shall consist
of the following:
1.
A properly completed variance information application form.
2.
The required fee, as per this chapter.
d.
The Secretary of the Board of Adjustment shall distribute the application
for review and report, and where required, approval as follows:
[Ord. No. 95-588 Art. VI]
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 120 days after the submission of a complete
application for development to the Board pursuant to the provisions
of N.J.S.A. 40:55D-72.
b.
Failure of the Board to render a decision within such 120-day period
or within such further time as may be consented to by the applicant
shall constitute a decision favorable to applicant.
[Ord. No. 95-588 Art. VI]
In exercising the above mentioned power, the Board of Adjustment
may, in conformity with the provisions of P.L. 1975, c. 291 or amendments
thereto or subsequent statutes applying, reverse or affirm wholly
or partly or modify the order, requirements, decision or determination
as ought to be made, and to that end shall have the powers of the
administrative officer from whom the appeal was taken.
[Ord. No. 95-588 Art. VI]
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 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 order of the Superior Court
of New Jersey on notice to the officer from whom the appeal is taken
and on due cause shown.
[Ord. No. 95-588 Art. VI]
Any application which is denied by the Board of Adjustment shall
not be again considered by the Board except as provided herein and
pursuant to Chapter 291 of Laws of 1975, until two years' time lapses
from the date of the Board's resolution of denial.
[Ord. No. 95-588 Art. VI]
Any variance from the terms of this chapter with conditions
attached which is hereafter granted by the Board of Adjustment 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 two years 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.
