[Amended 2-26-1980 by Ord. No. 80:3]
A. There is hereby established in the Township of Parsippany-Troy
Hills a Zoning Board of Adjustment consisting of seven regular members,
who shall serve for terms of four years from January 1 of the year
of their appointment, and two alternate members, who shall be residents
of the Township of Parsippany-Troy Hills appointed by the Township
Council. Alternate members shall be designated at the time of appointment
by the authority appointing them as "Alternate No. 1" and "Alternate
No. 2."
B. Terms. The terms of the members first appointed under
this Act 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
terms of no regular member shall exceed four years and that the initial
term of no alternate member shall 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. No member may hold any elective
office or position under the municipality. No member of the Board
of Adjustment shall be permitted to act on any matter in which he
has, either directly or indirectly, any personal or financial interest.
A member may, after public hearing if he requests it, be removed by
the governing body for cause. A vacancy occurring otherwise than by
expiration of term shall be filled for the unexpired term only.
C. The Board of Adjustment shall 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.
D. 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.
The Board shall adopt such rules and regulations
as may be necessary and appropriate to its functions. 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.
The Board of Adjustment shall have the power
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.
B. Hear and decide, in accordance with the provisions
of any such ordinance, requests for interpretation of the Zoning Map
or Zoning Ordinance or for decisions upon other special questions
upon which such Board is authorized to pass by any zoning or official
map ordinance.
C. Grant variances.
[Amended 2-26-1980 by Ord. No. 80:3]
(1) 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 zoning regulation 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 a conditional use; provided, however, that
no variance shall be granted under this section 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.
(2) In particular cases and for special reasons, grant
a variance to allow departure from regulations pursuant to Article
9 of the Municipal Land Use Law, 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, in
the case of a municipal board, or 2/3 of the full authorized membership,
in the case of a regional board, pursuant to Article 10 of the Municipal
Land Use Law.
(3) 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 the purpose of the zone plan
and Zoning Ordinance. 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.
D. Direct 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 on the Official Map, upon the affirmative
vote of a majority of the full authorized membership of the Board
of Adjustment.
E. Direct issuance of a permit for a building or structure
not related to a street, upon the affirmative vote of a majority of
the full authorized membership of the Board of Adjustment.
F. Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval or conditional use approval whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to Subsection
C(2). 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 Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided for the approval in question, and the special vote pursuant to the aforesaid Subsection
C(2) shall not be required.
[Amended 2-26-1980 by Ord. No. 80:3]
[Amended 2-26-1980 by Ord. No. 80:3]
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 not later than 120 days after the
date of the submission of a completed application for development
to the Board. 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 application. 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. Whenever review or approval of the application by
the County Planning Board is required in the case of a subdivision
or site plan, the 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. An application
under this article 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.
[Amended 12-19-2021 by Ord. No. 2021:24]
Any use variance relief granted by the Board of Adjustment pursuant
to N.J.S.A. 40:55D-70d shall expire unless a zoning permit shall have
been applied for within 180 days from the date of publication of the
final decision, unless such time is extended upon application and
for good cause shown. The running of the period of limitation shall
be tolled from the date of filing an appeal from the decision of the
Board of Adjustment to the Township Council or to a court of competent
jurisdiction, until termination in any manner of such appeal or proceeding.
[Amended 10-25-1977; 6-9-1981 by Ord. No. 81:17; 8-14-1990 by Ord. No. 90:57; 4-28-2009 by Ord. No. 2009:15]
Upon the filing of an appeal or an application
for development, as the case may be, the following fees shall be paid
to the Secretary of the Board of Adjustment:
A. Upon the filing of an application for development pursuant to §
225-22B and
C(1) of this chapter:
[Amended 12-19-2021 by Ord. No. 2021:24; 7-19-2022 by Ord. No. 2022:17]
(1) Construction of not more than 400 square feet:
(2) Construction of 400 or more square feet:
C. Upon the filing of an application for development
in a case involving an undersized residential lot: a fee of $150.
D. Upon the filing of an application for development
involving an undersized commercial lot: a fee of $200.
E. Upon the filing of an appeal pursuant to §
225-22A of this chapter:
F. Upon the filing of an application for a development pursuant to §
225-22C(2) of this chapter:
[Amended 7-19-2022 by Ord. No. 2022:17]
H. In cases where the applicant seeks multiple variances,
only one fee will be required, which will be the highest fee for any
one type of relief requested.
I. Upon the filing of an application for development involving subdivision or site plan approval, the applicant shall, in addition, pay the applicable fees contained in §
225-17.
K. For a building permit request which is in conflict
with the Official Map:
L. Concept plan: $250. The escrow fee shall be $750.