A. 
There is hereby established, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., in the Township of Little Egg Harbor, a Planning Board of nine members, consisting of Class I, Class II, Class III and Class IV members.
B. 
Class I, Class II, Class III and Class IV members shall be appointed in accordance with the requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-23, as amended.
C. 
Terms of office. The terms of office of the members of the Planning Board shall be as set forth in N.J.S.A. 40:55D-23, as amended.
D. 
Alternate members. The Mayor may appoint two alternates to the Planning Board. Alternate members shall be designated at the time of appointment by the Mayor as Alternate No. 1 and Alternate No. 2. The terms of alternate members shall be as set forth in N.J.S.A. 40:55D-23.1, as amended.
E. 
All appointments of Class IV members and alternates to the Planning Board shall commence as of January 1 of the year of appointment and shall terminate on December 31 of the last year of the term of the appointment.
A. 
The Attorney to the Planning Board shall be an Attorney other than the Municipal Attorney and shall be appointed by the Planning Board for a term of one year commencing January 1. Appointment to such office made after January 1 of any year shall be limited to the calendar year, and such term shall terminate on December 31 of the year of appointment. The Attorney to the Board shall receive such compensation as shall be fixed by contract between the Attorney and the Board.
B. 
The Planning Board may also employ or contract for and fix the compensation of experts and other staff and services as it may deem necessary.
C. 
The Board shall not authorize expenditures, which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
The Planning Board is authorized to adopt by-laws governing its procedural operation. It shall also have the following powers and duties:
A. 
To make and adopt and from time to time reexamine and/or amend a Master Plan for the physical development of the Township in accordance with the provisions of N.J.S.A. 40:55D-28 and 40:55D-89.
B. 
To exercise subdivision control and site plan review in accordance with the provisions of this chapter and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq., and to grant deminimis exceptions to the adopted Residential Site Improvement Standards (RSIS).
C. 
To consider and make a report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26a, and also to pass upon other matters specifically referred to the Planning Board by the Zoning Board of Adjustment, pursuant to the provisions of N.J.S.A. 40:55D-26b.
D. 
Variances and issuance of permits.
(1) 
Powers.
(a) 
Whenever the proposed development requires the approval, pursuant to this chapter, of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, to grant, to the same extent and subject to the same restrictions as the Board of Adjustment, variances pursuant to Subsection 57c[1] of the Municipal Land Use Law, provided that for applications in the Pinelands Area, variances granted which constitute waivers from the Comprehensive Management Plan shall be submitted to the Pinelands Commission for review and action only after consideration and approval by the Planning Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-57.
(b) 
In accordance with the provisions of N.J.S.A. 40:55D-34, to direct the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(c) 
In accordance with the provisions of N.J.S.A. 40:55D-36, to direct the issuance of a permit for a building or structure not related to a street.
(2) 
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be. The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon the grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial impairment of the intent and purpose of the Zone Plan and Zoning Ordinances.[2]
[2]
Editor's Note: This chapter.
A. 
The Board shall adopt 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.S.A. 2A:67A-1 et seq.) shall apply.
B. 
When any hearing before a Planning Board shall carry over 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 a transcript or recording of the meeting from which he was absent and certifies, in writing, to the Board that he has read such transcript or listened to such recording.
[Amended 5-10-2007 by Ord. No. 2007-009]
A. 
There is hereby established in the Township of Little Egg Harbor, pursuant to the Municipal Land Use Law, a Board of Adjustment consisting of seven members appointed by the Township Committee.
B. 
The Zoning Board of Adjustment shall not have more than four alternate members, whom shall be appointed by the Township Committee. Alternate members shall be designated at the time of appointment by the Township Committee as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4."
C. 
The terms of the members first appointed under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term or a regular member shall not exceed four years and that the initial term of an alternate member shall not 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. The terms of not more than two alternate members shall expire in any one year. All regular members and any alternate members shall be residents of the Township of Little Egg Harbor.
D. 
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
E. 
The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall select a Secretary, who may or may not be either a Board member or a municipal employee.
A. 
There may be an Office of Attorney to the Board of Adjustment. The Attorney to the Board of Adjustment shall be an Attorney other than the Municipal Attorney and whose term of office shall be one year, commencing January 1. Appointments to this office made after January 1 shall be limited and shall terminate on the following December 31. The Board may employ the services of an Attorney and pay such compensation as shall be fixed by contract between the Attorney and the Zoning Board of Adjustment.
B. 
The Board shall not authorize expenditures, which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use. The Township Committee shall make provisions in its budget and appropriate funds for the expenses of the Board.
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.S.A. 2A:67A-1 et seq.) shall apply.
[Amended 5-10-2001 by Ord. No. 2001-08]
A. 
The powers of the 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 article.
B. 
It is further the intent of this article to confer upon the Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, but 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 the Zoning Regulations or any term, clause, sentence or word thereof 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 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 the Municipal Land Use Law 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.
D. 
In the case of variance applications, other than a "d" variance application under N.J.S.A. 40:55D-70, variances granted which constitute a waiver of requirements, standards or criteria contained in the Comprehensive Management Plan shall be submitted to the Pinelands Commission for review and action only after consideration and approval by the Board of Adjustment. In regard to a "d" variance application before the Board of Adjustment under N.J.S.A. 40:55D-70, the application shall not be deemed complete for hearing by the Board of Adjustment until such time as the applicant has produced a certificate of filing from the Pinelands Commission concerning the "d" variance application.
E. 
Any municipal variance approval which grants relief from the density or lot area requirements set forth in Article IV for a residential or principal nonresidential use in the Pinelands Village Zone shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of the permitted without the variance.
F. 
To exercise the powers and duties set forth in § 215-13.4A(15) with regard to historic resources in the Pinelands Area.
A. 
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the Zoning Officer or Building Official in accordance with N.J.S.A. 40:55D-72. The appellant shall file three copies of the notice of appeal with the Secretary of the Board of Adjustment. The notice of appeal shall specify the grounds for such appeal.
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.
C. 
An appeal to the Board of Adjustment shall stay all proceedings arising from the appealed action. See N.J.S.A. 40:55D-75 for full text and exceptions.
Any variance from the terms of this chapter hereafter granted by the 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 the variance or unless such permitted use has actually been commenced within one year 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; except, further, that in the case of a variance which also involved a subdivision or site plan approval, the variance shall extend for the full period of preliminary or final approval or any extension thereof pursuant to the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 5-10-2001 by Ord. No. 2001-08]
A. 
The Board of Adjustment shall have the power:
(1) 
To 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.[1]
[1]
Editor's Note: This chapter.
(2) 
To hear and decide requests for interpretation of the Zoning Map or Ordinance or decisions upon other special questions upon which such Board is authorized to pass by any Zoning or Official Map Ordinance in accordance with the Act.
(3) 
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 8 of the Municipal Land Use Law[2] would result in peculiar and exceptional and undue hardship upon the developer of such property, to 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.
[2]
Editor's Note: See N.J.S.A. 40:55D-62 to 40:55D-68.6.
(4) 
Where, in an application or appeal relating to a specific piece of property, the purposes of the Act would be advanced by a deviation from the Zoning Ordinance requirement, and the benefit of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from regulations pursuant to Article 8 of the Municipal Land Use Law[3]; provided, however, that no variance from those departures enumerated in Subsection A(5) 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 N.J.S.A. 40:55D-60a.
[3]
Editor's Note: See N.J.S.A. 40:55D-62 to 40:55D-68.6.
(5) 
In particular cases and for special reasons, to grant a variance to allow departure from regulations pursuant to Article 8 of the Municipal Land Use Law[4] 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 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 N.J.S.A. 40:44D-4.[5]
[5]
Editor's Note: So in original.
(e) 
An increase in the permitted density, as defined herein, 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 isolated, undersized lots or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by affirmative vote of at least five members.
(f) 
A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted for a principal structure.
[4]
Editor's Note: See N.J.S.A. 40:55D-62 to 40:55D-68.6.
B. 
If an application for development requests one or more variances but not a variance for a purpose enumerated in § 215-3.12A(5), the decision on the requested variance or variances shall be rendered under § 215-3.12A(3) and (4).
C. 
No variance or other relief may be granted under the terms 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. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, P.L. 1988, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this chapter permitting in the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this chapter 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.
D. 
The Board of Adjustment shall have the power to 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, but only by an affirmative vote of a majority of the full authorized membership of the Board. The Board of Adjustment shall not exercise this power if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60(b).
E. 
The Board of Adjustment shall have the power to direct issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for a building or structure not related to a street. The Board of Adjustment shall not exercise this power if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60(c).
F. 
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 the Municipal Land Use Law 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 this chapter.
G. 
Any municipal variance approval which grants relief from the density or lot area requirements set forth in Article IV for a residential or principal nonresidential use in the Pinelands Village Zone shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that permitted without the variance.
Except as otherwise provided for in N.J.S.A. 40:55D-31, the provisions of Chapter 15 shall not be applicable to the Township of Little Egg Harbor Township Municipal Utilities Authority. All other public agencies shall be bound by the provisions of Chapter 15 except when specifically exempted by applicable state law which supersedes this chapter. In such cases, the subject public agency shall comply with N.J.S.A. 40:55D-31 and shall submit an application for courtesy review by the appropriate Board.