[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[1] 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.
[1]
Editor's Note: "This Act" refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
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.
A.
The Board of Adjustment shall employ or contract for
the services of a Board of Adjustment Attorney, other than the Municipal
Attorney, and for the services of such other and additional experts,
staff and services as it shall deem necessary and appropriate for
the performance by it of its duties and functions.
B.
The Board of Adjustment may fix the compensation of
or agree upon the compensation or other remuneration to be paid to
such Attorney, experts and staff. Such amount shall not exceed the
amount appropriated by the Township Council for the use of the Board
of Adjustment.
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:
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]
A.
Appeals to the Board of Adjustment may be taken by
any interested party affected by any decision of an administrative
officer of the municipality based on or made in the enforcement of
the Zoning Ordinance or Official Map.[1] Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken. Public notice of hearings on appeals filed pursuant to N.J.S.A. 40:55D-70a shall be required, and the applicant shall comply with the notice requirements set forth in § 225-32B through F below. All notices shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file affidavits of proof of service and publication with the Board of Adjustment.
[Amended 2-26-1980 by Ord. No. 80:3; 8-8-1989 by Ord. No. 89:49]
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.
Stay of proceedings by appeal; exception. An appeal
to the Board of Adjustment shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made,
unless the officer from whose action the appeal is taken certifies
to the Board of Adjustment, 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 upon notice to the officer from whom the appeal
is taken and on due cause shown.
D.
No application shall be deemed complete unless, in addition to any other requirements contained in this chapter, the items, information and documentation listed in the applicable checklists at § 225-12B are submitted to the Board, together with the completed checklist(s). The applicant may request, in writing, that one or more of the submission requirements be waived, in which event the Board shall grant or deny the request within 45 days of submission of the written request. An application for development shall be complete for purposes of commencing the applicable time period for action by the Board, when so certified by the Board or its authorized committee or designee.
[Amended 8-15-2006 by Ord. No. 2006:17]
E.
Modification on appeal. The Board of Adjustment may
reverse or affirm, wholly or in part, or may modify the action, order,
requirement, decision, interpretation or determination appealed from
and to that end have all the powers of the Zoning Officer from whom
the appeal is taken.
[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.
[1]
Editor's Note: Former § 225-26, Recording of hearings,
as amended, was repealed 10-19-2010 by Ord. No. 2010:28.
[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.
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.
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.
J.
(Reserved)
