[Amended 6-16-2010 by Ord. No. 12-2010]
[Amended 6-16-2010 by Ord. No. 12-2010]
The Planning Board, as constituted in Article V in this chapter, shall exercise, to the same extent and subject to the same restrictions, all powers of the Board of Adjustment, but the Class I and the Class III Members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d of Section 57 of P.L. 1975, c. 291, N.J.S.A. 40:55D-70. All other references in this chapter to the "Zoning Board of Adjustment" or the "Board of Adjustment" shall mean the Planning Board.
[Added 11-8-78 by Ord. No. 1015; repealed 6-16-2010 by Ord. No.
12-2010]
[Repealed 6-16-2010 by Ord. No. 12-2010]
[Repealed 6-16-2010 by Ord. No. 12-2010]
[Repealed 6-16-2010 by Ord. No. 12-2010]
[Repealed 6-16-2010 by Ord. No. 12-2010]
A.
The powers of the Planning Board acting as the Zoning Board of Adjustment
shall be in accordance with N.J.S.A. 40:55D-69 et seq. and amendments
and supplements thereto and with the provisions of this chapter.
B.
It is further the intent of this chapter to confer upon the Planning
Board acting as the Zoning Board of Adjustment as full and complete
powers as may lawfully be conferred upon such Board, including, not
by way of limitation, the authority, in connection with any case,
action or proceeding before the Board, to interpret and construe the
provisions of this chapter or any term, clause, sentence or word hereof
and the Zoning Map in accordance with the general rules of construction
applicable to legislative enactments.
C.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this chapter in
accordance with the general or specific rules contained herein and
with the general rules hereby laid down, that equity shall be done
in cases where the strict construction of the provisions of this chapter
would work undue hardship. The powers and duties of the Board having
been delegated to and imposed upon it by statute, the Board shall
in all cases follow the provisions applicable to it in said P.L. 1975,
291 N.J.S.A. 40:55D-1 et seq.) or subsequent statutes in such case
made and provided, and it shall from time to time furnish to any person
requesting the same a copy of its rules and information as to how
appeals or applications may properly be filed with the Board for its
decision thereon.
A.
Appeals to the Planning Board acting as the Board of Adjustment may
be taken by any person aggrieved or by an officer, department, board
or bureau of the municipality affected by any decision of the Administrative
Officer. Each appeal shall be taken within the 20 days prescribed
by the statute by filing a notice of appeal with the officer from
whom the appeal is taken, together with three copies of said notice
with the Secretary of the Planning Board. 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.
[Amended 4-3-85 by Ord. No. 1125]
B.
Applications addressed to the original jurisdiction of the Planning
Board acting as the Board of Adjustment without prior application
to the Administrative Officer shall be filed with the Secretary of
the Board. Three copies of the application shall be filed. At the
time of filing the appeal or application, 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. The applicant
shall obtain all necessary forms from the Secretary of the Planning
Board. 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.
[Amended 4-3-85 by Ord. No. 1125]
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 Board 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
other than by an order of the Superior Court of New Jersey upon notice
to the officer from whom the appeal is taken and on due cause shown.
In exercising the above-mentioned power, the Board may, in conformity
with the provisions of P.L. 1975, c. 291, N.J.S.A. 40:55 D-1 et seq.,
or amendments thereto or subsequent statutes applying, reverse or
affirm, wholly or partly, or may modify the order, requirement, decision
or determination appealed from, and make such order, 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 Board 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 nine months from the date of entry of the judgment or determination
of the Board; 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 to the governing body or to a court
of competent jurisdiction until the termination in any manner of such
appeal or proceeding.
A.
The Planning Board acting as the 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 the Zoning Officer or 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 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, to 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 a subdivision, site plan or conditional
use in conjunction with which the Planning Board shall review a request
for a variance pursuant to Subsection 47a of the Municipal Land Use
Law of 1975, P.L. 1975, c. 291. (N.J.S.A. 40:55D-60)
(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 five members
of the Board. (N.J.S.A 40:55 D-70)
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 Zoning Ordinance.
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 within which the Board shall act.
A.
The Board shall, in addition to the powers specified in Section 53-43, have power given by law to:
(1)
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 drainageway,
flood control basin or public area reserved on the Official Map.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
B.
The Board 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 P.L. 1975, c. 291, N.J.S.A. 40:55D-37 et seq., or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to Section 53-43A (4).
The Planning Board acting as the Board of Adjustment shall render
its decision not later than 120 days after the date an appeal is taken
from the decision of the Zoning Officer or an administrative officer
or after the submission of a complete application for development
to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b. 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.