Pursuant to the provisions of N.J.S.A. 40:55D-1
et seq., the Municipal Land Use Law, a Zoning Board of Adjustment,
which shall consist of seven members, is hereby established.
[Amended 6-5-1980 by Ord. No. 10-80]
A. Membership; officers.
[Amended 3-26-1992 by Ord. No. 92-18]
(1) The members of the Zoning Board of Adjustment shall
be appointed by the Mayor, with the advice and consent of the Township
Committee, 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 practical 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. No member may hold any elective office or
position under the municipality. A vacancy occurring by expiration
of term shall be filled for the unexpired term only. The Board of
Adjustment shall, at its annual reorganization meeting, elect a Chairman
and Vice Chairman from its members and select a Secretary who may
or may not be a member of the Board of Adjustment or a municipal employee.
(2) There are hereby created the positions of two alternate
members of the Board of Adjustment. Said alternate members shall be
appointed by the Mayor, with the advice and consent of the Township
Committee, and shall be designated as "Alternate No. 1" and "Alternate
No. 2." The terms of the alternate members shall be for two years.
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.
B. There is hereby created the office of Attorney to
the Zoning Board of Adjustment, who shall be an attorney other than
the Municipal Attorney. The 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.
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 Zoning Board of Adjustment shall, in addition to the powers specified in the foregoing §
335-85, have the power to:
A. Direct issuance of a permit, pursuant to N.J.S.A.
40:55D-34, for building a structure in the bed of a mapped street
or public drainageway, flood-control basin or public area reserved
on the Official Map.
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. Grant, to the same extent and subject to the same
restrictions as the Planning Board, subdivision or site plan approval,
pursuant to N.J.S.A. 40:55D-37 et seq., or conditional use approval,
pursuant to N.J.S.A. 40:55D-67, when there is an application before
the Board of Adjustment for a special reasons variance, pursuant to
N.J.S.A. 40:55D-70d. However, prior to any final action by the Board
of Adjustment, said Board may, upon receipt of any application requesting
subdivision, site plan or conditional use approval, forward a copy
of said application, together with any relevant documents to the Planning
Board Secretary for referral to the Planning Board. Such referral
to the Planning Board shall not extend the time for action by the
Board of Adjustment.
[Amended 3-26-1992 by Ord. No. 92-18]
Any interested party may appeal to the governing body any final decision of the Board of Adjustment approving an application for a special reasons variance granted pursuant to N.J.S.A. 40:55D-70 and §
335-85A(4) above. Any such appeal shall be pursuant to the provisions of N.J.S.A. 40:55D-17. Within the Pinelands Area, the procedures set forth in Article
XVII of this chapter shall be followed.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter.
All actions of the Board of Adjustment shall
be in accordance with the requirements as established in N.J.S.A.
40:55D-9a. When any hearing before the Board of Adjustment 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 a 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.