A.
Establishment and composition.
(1)
A Board of Adjustment is hereby established pursuant to N.J.S.A.
40:55D-69 et seq., consisting of seven regular members who shall be
residents of the Village appointed by the Board of Commissioners to
serve for terms of four years from January 1 of the year of their
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 four 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. There shall also be appointed by the
Board of Commissioners two residents of the Village who shall serve
as alternate members of the Board for a term of two years each. The
alternate members first appointed shall be appointed one for one year
and the other for two years, with each term thereafter being for two
years. Alternate members shall, at the time of their appointment,
be designated as "Alternate No. 1" and "Alternate No. 2." 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.
(2)
No member of the Board of Adjustment may hold any elective office
or position in the Village.
(3)
A vacancy occurring otherwise than by expiration of the term shall
be filled for the unexpired term only.
B.
Board of adjustment authority.
(1)
No variance or other relief may be granted under the provisions of
this section unless granted without substantial detriment to the public
good and without substantially impairing the intent and purpose of
the Zone Plan and Zoning Ordinance.
(2)
The Board of Adjustment shall have powers to:
(a)
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 Zoning Ordinance (Chapter 96).
(b)
Hear and decide requests for interpretation of the Zoning Map
or Ordinance or for decisions upon which such Board is authorized
to pass by any zoning or official map ordinance in accordance with
this chapter.
(c)
Hardship and use variances.
[1]
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 an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
pursuant to Article VIII of this chapter 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; or
[2]
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 Zoning Ordinance (Chapter 96) requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article VIII of this chapter; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection, and provided that no variance from those departures enumerated in § 96A-7B(2)(d) of this section shall be granted under this subsection, 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 has power to review a request for a variance pursuant to § 96A-19.
[3]
A variance under this subsection shall be granted by affirmative
vote of the majority of the Board members in attendance at the hearing.
A tie vote shall be ruled as a denial of the variance request. Board
members who are absent from the hearing can subsequently vote on the
application at a future meeting provided they affirm that they have
listened to the tape recording or read the transcript of the previous
hearing.
(d)
Variance to allow departure from certain regulations.
[1]
In particular cases for special reasons, grant a variance to allow departure from regulations pursuant to § 96A-18 of this chapter to permit:
[a]
A use or principal structure in a district restricted
against such use or principal structure;
[b]
An expansion of a nonconforming use;
[c]
Deviation from a specification or standard pursuant
to Section 54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67) pertaining
solely to a conditional use;
[d]
An increase in the permitted floor area ratio as
defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4);
[e]
An increase in the permitted density as defined
in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4), 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
[f]
A height of a principal structure which exceeds
by 10 feet or 10% the minimum height permitted in the district for
a principal structure.
[2]
A variance under this subsection shall be granted only by affirmative
vote of at least five members, of the Board of Adjustment. The applicant
may defer the vote on any application if a full Board is not in attendance.
(e)
If an application for development requests one or more variances but not a variance for a purpose enumerated in § 96A-7B(2)(d) above in this section, the decision on the requested variance or variances shall be rendered under § 96A-7B(2)(c) of this section.
(f)
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 a 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 Zoning Ordinance. In respect to any airport safety zones delineated
under the Air Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A.
6:1-80 et seq.), no variance or other relief may be granted under
the terms of this section permitting the creation or establishment
of a nonconforming use which would be prohibited under standards promulgated
pursuant to that act except upon issuance of a permit by the Commissioner
of Transportation. An application under this section may be referred
to any appropriate person or agency for its report, provided that
such reference shall not extend the period of time within which the
Zoning Board of Adjustment shall act.
C.
Appeals and applications.
(1)
Appeals to the Board of Adjustment may be taken by any interested
party within 20 days of the action by the officer from whom the appeal
is taken. Three copies of the notice shall be filed with the Secretary
of the Board of Adjustment, specifying the grounds for the appeal.
The officer from whom the appeal is taken shall transmit to the Board
all the papers constituting the record.
(2)
Applications to the Board of Adjustment without prior application
to an administrative officer shall be filed with the Secretary of
the Zoning Board of Adjustment. Three copies of the application shall
be filed along with all plot plans, maps or other papers required
by this chapter or rule of the Board of Adjustment.
(3)
An appeal stays all proceedings unless the officer from whom the
appeal is taken certifies to the Board of Adjustment that, by reason
of facts stated in the 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 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 due cause shown.
(4)
Any application may be referred to any person or agency for its report,
provided such reference shall not extend the period of time within
which the Board of Adjustment shall act.
D.
Power to reverse or modify decisions. The Board of Adjustment may
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.
E.
Time for decision. Unless a longer period is consented to by the
applicant, 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 no later than 120 days after the submission
of a complete application for development without prior applications
to an administrative officer. If the developer elects to submit separate
consecutive applications for a use variance followed by other subdivision,
site plan or conditional use approvals, the aforesaid provision shall
apply to the application for approval of the use variance. The period
for granting or denying any subsequent approval(s) shall be as otherwise
provided in this chapter. Failure of the Board to render a decision
within the period prescribed or within such further time as may be
consented to by the applicant shall constitute a decision favorable
to the applicant.
F.
Expiration of a variance. In the granting of hardship and use variances,
a time limit of one year from the date of the variance approval shall
be set, within which time the owner shall secure a building permit;
otherwise, the variance granted shall be null and void. The approving
authority may, for good cause shown, extend the period for securing
a building permit for an additional period not exceeding one year.
A.
There is hereby established pursuant to P.L. 1975, c. 291, in the
Village of Ridgefield Park, a Planning Board of nine members consisting
of the following four classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the municipality other than a member
of the governing body, to be appointed by the Mayor, provided that,
if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
member if there is both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV or alternate
members of the Planning Board.
(3)
Class III: a member of the governing body, to be appointed by the
governing body.
(4)
Class IV: six other citizens of the municipality to be appointed
as alternates, all such appointments to be made by the Mayor. The
members of Class IV shall hold no other municipal office, except that
one regular member may be a member of the Zoning Board of Adjustment
and one may be a member of the Board of Education. A member of the
Environmental Commission who is also a member of the Planning Board
as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board
member unless there be among the Class IV or alternate members of
the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education, in which case the member of
the Environmental Commission shall be deemed to be the Class II member
of the Planning Board.
B.
Terms.
(1)
The term of the member composing Class I shall correspond with his
official tenure. The terms of the members composing Class II and Class
III shall be for one year or terminate at the completion of their
respective terms of office, whichever occurs first, except for a Class
II member who is also a member of the Environmental Commission. The
term of a Class II or a Class IV member who is also a member of the
Environmental Commission shall be for three years or terminate at
the completion of his term of office as a member of the Environmental
Commission, whichever comes first. The term of a Class IV member who
is also a member of the Board of Adjustment or the Board of Education
shall terminate whenever he is no longer a member of such other body
or at the completion of his Class IV term, whichever comes first.
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that to the greatest practicable extent
the expiration of such terms shall be evenly distributed over the
first four years after their appointment as determined by resolution
of the governing body; provided, however, that no term of any member
shall exceed four years, and further provided that nothing herein
shall affect the terms of any present members of the Planning Board,
all of whom shall continue in office until the completion of the term
for which they were appointed. Thereafter, all Class IV members shall
be appointed for terms of four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
(2)
Alternate members shall be designated at the time of appointment
by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms
of the alternate members shall be for two years, except that the terms
of the alternate members shall be such that the term of not more than
one alternate member shall expire in any one year; provided, however,
that in no instance shall the terms of the alternate members first
appointed exceed two years. A vacancy occurring otherwise than by
expiration of term shall be filled by the Mayor for the unexpired
term only. No alternate member shall be permitted to act on any matter
in which he has, either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing if he requests
one, be removed by the governing body for cause. Alternate members
may participate in discussions of the proceedings but may not vote
except in the absence or disqualification of a regular member of any
class. 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.
C.
Vacancies. If a vacancy of any class shall occur otherwise than by
expiration of term, it shall be filled by appointment for the unexpired
term.
D.
Powers and duties. The Planning Board shall exercise the following
powers and duties:
(1)
To make, adopt and amend a Master Plan for the physical development
of the municipality pursuant to the provisions of N.J.S.A. 40:55D-28.
(2)
To administer the provisions of the subdivision and site plan regulations
of this chapter.
(3)
To approve conditional use applications as authorized by state statute.
(4)
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
(5)
To assemble data on a continuing basis as part of a continuous planning
process.
(6)
To consider and report to the governing body within 35 days after
referral of any proposed development regulations submitted to it pursuant
to the provisions of N.J.S.A. 40:55D-26a and to pass upon other matters
referred to it by the governing body pursuant to the provisions of
N.J.S.A. 40:55-26b.
(7)
In reviewing applications for approval of subdivision plats, site
plans or conditional uses, to:
(a)
Grant variances pursuant to N.J.S.A. 40:55D-60 and 40:55D-70c
for lot area, lot dimensional, setback and yard requirements to the
same extent and subject to the same restrictions as the Board of Adjustment.
(b)
Direct the issuance of a permit for a building or structure
either not related to a street (N.J.S.A. 40:55D-36) or in the bed
of a mapped street or public drainageway, flood control basin or public
area reserved on the Official Map (N.J.S.A. 40:55D-32).
(c)
Whenever relief is requested pursuant to this subsection, notice
of the hearing on the application for development shall include reference
to the application for a variance.
(8)
To perform such other advisory duties as are assigned to it by ordinance
or resolution for the aid and assistance of the governing body or
other municipal agencies or officers.
(9)
To review and make recommendations on such matters as the location,
character or extent of capital projects, in accordance with N.J.S.A.
40:55D-31, to the governing body or other public agency having jurisdiction
of capital projects necessitating the expenditure of public funds.
E.
Applications. Applications to the Planning Board shall conform to
the appropriate provisions of this chapter.
F.
Referrals. In reviewing plats or any other matters referred to it,
the Board may submit the data to any agency or individual for review
and comment.
A.
Organization of Board. The Planning Board shall elect a Chairman
and Vice Chairman from the members of Class IV. The Board of Adjustment
shall elect a Chairman and Vice Chairman from its membership. Both
Boards shall select a Secretary and Assistant Secretary, who may or
may not be a member of the Board or a municipal employee.
B.
Attorney. There is hereby created the office of Planning Board Attorney
and the office of Attorney to the Board of Adjustment each Board may
annually appoint, fix the compensation of or agree upon the rate of
compensation of their respective Board Attorney, who shall be an attorney
other than the Municipal Attorney.
C.
Experts and staff. Both Boards may employ or contract for the services
of experts and other staff and services as they may deem necessary.
Neither Board shall authorize expenditures which exceed, exclusive
of the gifts or grants, an amount appropriated by the governing body
for its use. Payment to experts shall be in accordance with § 13
of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), as amended on September
17, 1995.
D.
Rules and regulations. Each Board shall adopt such rules and regulations
as are necessary to carry out its duties.
E.
Conflicts of interest. No member shall act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
Whenever any member shall disqualify himself, he shall not continue
to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
F.
Meetings.
(1)
Meetings shall be scheduled no less often than once a month, and
any meeting shall be held as scheduled unless canceled for lack of
applications for development to process.
(2)
Special meetings may be called by the Chairman or on the request
of any two Board members, provided there is notice to the members
and public in accordance with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a quorum being present.
All actions shall be by majority vote of the members of the Board
present at the meeting except where a specified portion of the full
authorized membership is required: N.J.S.A. 40:55D-9, 40:55D-26, 40:55D-34
and 40:55D-70d.
G.
Minutes. Minutes of regular and special meetings shall be kept and
shall include the names of persons appearing and addressing the Board
and of persons appearing by attorney; the action taken; the findings,
if any, and reasons therefor. The minutes shall be made available
for public inspection during normal business hours at the office of
the Village Clerk. Any interested party shall have the right to compel
production of the minutes and be charged a fee for their reproduction.
H.
Hearing.
(1)
Rules. Both Boards may make rules governing the conduct of hearings.
The rules shall be consistent with N.J.S.A. 40:55D-1 et seq. and this
chapter. The approving authority may waive the required notices and
hearing for minor and exempt subdivisions and minor and exempt site
plans except where a variance or conditional use is part of the application.
(2)
Oaths. The presiding officer or such person as he may designate shall
have the power to administer oaths or issue subpoenas to compel the
attendance of witnesses and the production of relevant evidence, including
witnesses and documents presented by the parties, and the provisions
of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply.
(3)
Testimony. The testimony of all witnesses shall be taken under oath
or affirmation by the presiding officer, and the right of cross-examination
shall be permitted to all interested parties through their attorneys,
if represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
(4)
Evidence. Technical rules of evidence shall not be applicable but
irrelevant, immaterial or unduly repetitious evidence may be excluded.
(5)
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
Each Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense. The charge
for a copy of the transcript shall not be more than the maximum permitted
in N.J.S.A. 2A:11-15, and the transcript shall be certified in writing
by the transcriber to be accurate.
(6)
Certified court reporter. If an applicant desires a certified court
reporter, the cost of taking testimony and transcribing it and providing
a copy of the transcript to the approving authority shall be at the
expense of the applicant, who shall also arrange for the reporter's
attendance.
(7)
When any hearing before either Board shall carry to two or more meetings,
a member of the Board who was absent for one or more of the meetings
shall be eligible to vote on the matter upon which the hearing was
conducted, notwithstanding his absence from one or more of the meetings;
provided, however, that such Board member has available to him the
transcript or recording of all the hearing from which he was absent
and certifies in writing to the Board that he has read such transcript
or listened to such recording.
(8)
All corporations filing an application before the Planning Board
shall, at the public hearing, be represented by an attorney licensed
to practice law in New Jersey or have all the principals and officers
of the corporation present at the meeting. All corporations appearing
before the Board of Adjustment shall be represented by an attorney
licensed to practice law in New Jersey, or officers and partners of
the corporation or partnership shall produce documentation of authorization
for them to act for said corporation or partnership.
(9)
Each decision on any application shall be reduced to writing as specified
in N.J.S.A. 40:55D-10g and shall include findings of facts and conclusions
based thereon. Failure of a motion to approve an application for development
to receive the number of votes required for approval shall be deemed
an action denying the application, and a resolution of memorialization
shall be adopted to that effect in accordance with N.J.S.A. 40:55D-10g.
Adoption of a resolution of memorialization shall not alter the time
period required for rendering a decision, shall be adopted by a majority
of the members of the approving authority who voted for the action
on the application and no other member, and shall be deemed a memorialization
of an action taken and not to be an action of the approving authority.
Failure to adopt such a resolution of memorialization within 45 days
of rendering a decision on an application shall result in the approval
of the application.
(10)
A copy of the decision shall be mailed by the approving authority
within 10 days of the date of the decision to the applicant, or if
represented by an attorney, then to the attorney, and a copy shall
also be filed in the office of the Administrative Officer. A brief
notice of the decision shall also be published, which shall be arranged
by the Administrative Officer. The period of time in which an appeal
of the decision may be made shall run from the first publication of
the decision.
I.
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Planning Board or to the Zoning Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due
or diligent on the property which is the subject of any such application,
or, if it is shown that taxes or assessments are delinquent on the
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments
or the making of adequate provision for the payment thereof in such
manner that the Village will be adequately protected.
Any appeal for a variance to allow a structure or use in a district
restricted against such structure or use shall have one copy forwarded
to the Planning Board by the Administrative Officer, together with
a notice of the hearing date. The Planning Board shall review the
material and may make recommendations at the public hearing. The Planning
Board's recommendations may contain, among other things, its
opinion as to the compatibility of the proposal to the Master Plan;
applications which may have been or are currently being processed
by the Planning Board for similar uses elsewhere in the Village; land
use, traffic and other data considered by the Planning Board to be
relevant to the application; and what conditions, if any, it would
recommend be imposed on the applicant to improve compatibility with
the Master Plan and Zoning Ordinance should the Board of Adjustment
grant the variance.
