A. 
Establishment. The Zoning Board of Adjustment, heretofore established, is continued.
B. 
Appointment. Pursuant to N.J.S.A. 40:55D-69, the Zoning Board of Adjustment shall consist of seven members and two alternate members who shall not hold any elective office or position in the Township. Each shall be appointed by the Township Committee for a term of four years, in the case of regular members, and two years in the case of an alternate member, running from January 1 of the year appointed. The terms shall be arranged so as to provide that no more than two terms expire in any one year. Vacancies shall be filled by appointment by the Township Committee for the unexpired term.
C. 
Removal. All members of the Zoning Board of Adjustment shall be subject to removal for cause upon written charges after notice of such charges and public hearing by the Township Committee.
D. 
Alternates. 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 No. 1 shall vote.
E. 
Service by Planning Board members. If the Zoning Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-69 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 Zoning 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 Chair of the Planning Board shall make the choice.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No member of the Zoning Board of Adjustment shall receive any compensation for his or her services on the Board.
A. 
The Zoning Board of Adjustment shall have the power 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 the administrative officer based on or made in the enforcement of Part 3, Zoning, of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
Hear and decide, in accordance with the provisions of Part 3, Zoning, of this chapter, requests for interpretation of the Zoning Map or Part 3, Zoning, 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.
(3) 
Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation pursuant to Article 8 of the Municipal Land Use Law, N.J.S.A. 40:55D-62 et seq., would result in peculiar and exceptional practical difficulties to, or 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 such difficulties or hardship, including a variance for 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 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 Section 47a of the Municipal Land Use Law, N.J.S.A. 40:55D-60a.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4) 
In particular cases and for special reasons, grant a variance to allow departure from Article 8 of the Municipal Land Use Law, N.J.S.A. 40:55D-62 et seq., including, but not limited to, allowing a structure or use in a district restricted against such structure or use, but only by affirmative vote of at least five members. No variance or other relief may be granted under the terms of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and Part 3, Zoning, of this chapter. An application under this subsection may be referred to any appropriate person or agency, including the Planning Board pursuant to Section 17 of the Municipal Land Use Law, N.J.S.A. 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5) 
Where the enforcement of § 296-139E would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street, the Zoning Board of Adjustment may, upon application or appeal, vary the application of § 296-139E and direct the issuance of a permit subject to conditions that will provide adequate access for firefighting, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on the General Circulation Plan Element of the Township Master Plan.
(6) 
Direct issuance of permit pursuant to Section 25 of the Municipal Land Use Law, 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 Section 23 of the Municipal Land Use Law, N.J.S.A. 40:55D-32.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(7) 
Direct issuance of a permit pursuant to Subsection A(5) of this section for a building or structure not related to a street.
(8) 
Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Articles X and XI of this chapter or conditional use approval pursuant to Article 8 of the Municipal Land Use Law, N.J.S.A. 40:55D-62 et seq., whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to Subsection A(4) of this section. 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 approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial impairment of the intent and purpose of the zone plan and Part 3, 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 chapter for the approval in question, and the special vote pursuant to Subsection A(4) of this section shall not be required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Whenever an application for development requests relief pursuant to Subsection A(1) through (4) of this section, the Zoning 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 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 chapter. Failure of the Zoning Board of Adjustment to act within the period described shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Zoning 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.
C. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Zoning 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.
D. 
An application 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.
A. 
Appeals. Appeals to the Zoning Board of Adjustment may be taken by an interested party affected by any decision of the administrative officer of the Township based on or made in the enforcement of Part 3, Zoning, of this chapter 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 papers constituting the record upon which the action appealed from was taken.
B. 
Application by developer. A developer may file an application for development with the Zoning Board of Adjustment for action under any of its powers without prior application to the administrative officer.
An appeal to the Zoning 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 Zoning Board of Adjustment after the notice of appeal shall have been filed with him or her that, by reason of facts stated in the certificate, a stay would, in his or her 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 Zoning 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 shall have all the powers of the administrative officer from whom the appeal is taken.[1]
[1]
Editor's Note: Original § 16.04.070, Appeals to Township Committee, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Inquiries as to whether a proposed land use is permissible under Part 3, Zoning, of this chapter or the Official Zoning Map shall be submitted in writing to the Zoning 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.