[Amended 3-17-1983; 6-5-1986]
[Amended 12-19-1996 by Ord. No. 96-14]
A.
Establishment; terms.
(1)
A Board of Adjustment is hereby established consisting
of seven members and two alternate members. 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.
(2)
Terms.
(a)
The terms of the members shall be as follows:
[1]
Two regular members shall be appointed for four-year
terms effective January 1, 1987.
[2]
One regular member shall be appointed effective
January 1, 1987, for a one-year term.
[3]
One regular member shall be appointed January
1, 1988, for a four-year term.
[4]
Two regular members shall be appointed effective
January 1, 1989, for four-year terms.
[5]
Two regular members shall be appointed effective
January 1, 1989, for one-year terms.
[6]
Two regular members shall be appointed effective
January 1, 1990, for four-year terms.
(b)
Thereafter the term of each regular member shall
be four years.
B.
Chairman, Vice Chairman and Secretary; duties and
compensation.
[Amended 5-10-2012 by Ord. No. 2012-06]
(1)
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. The Chairman shall
conduct all public meetings and shall serve without compensation.
The Vice Chairman shall assume the duties of the Chairman in his or
her absence and shall also serve without compensation. The Secretary
shall maintain all notes, records and minutes of all meetings, prepare
all meeting agendas, receive and assemble all development applications,
correspond and communicate with all applicants and Board members,
and prepare reports and other correspondence or materials at the direction
of the Board. All shall serve until December 31 of the year of their
appointment or until such time that their terms shall expire as a
matter of law and/or their successors are appointed.
(2)
The
Board of Adjustment Secretary shall receive compensation as set by
the Township Committee in the Salary Ordinance.
C.
No member of the Zoning Board of Adjustment may hold
any elective office or position under the municipality.
D.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only. The vacancy shall
be filled by appointment by the Mayor, subject to confirmation by
the Township Committee.
F.
The term of office of each of the alternate members
shall be for two years, except that the initial terms of such alternate
members shall be one year and two years, as designated by the appointing
authority. Alternate members shall be designated at the time of appointment
by the authority appointing them as "Alternate No. 1" and "Alternate
No. 2." Alternate members shall be appointed by the same appointing
authority as regular members.
G.
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 of Adjustment may employ, or contract
for, and fix the compensation of legal counsel, experts and other
staff and services as it shall deem necessary, not exceeding, exclusive
of gifts or grants, the amount appropriated by the Township Committee
for its use.
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
this chapter or the Municipal Map. 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. In addition thereto, 13 copies of said notice shall
be filed with the Secretary of the Board.
B.
A developer may file 13 copies of an application for
development with the Board of Adjustment for action under any of its
powers without prior application to an administrative officer.
C.
At the time of filing the appeal or application, but
in no event less than 14 days prior to the date set for hearing, the
applicant shall also file all plot plans, maps or other papers required
by virtue of the provisions of the ordinances of the Township of South
Hackensack. The applicant shall obtain all necessary forms from the
Secretary of the Board.
[Amended 9-9-2004 by Ord. No. 2004-13]
A.
The Board of Adjustment shall render a decision not
later than 120 days after the date an appeal is taken from the decision
of an administrative officer or the submission of a complete application
for development to the Board of Adjustment pursuant to the Municipal
Land Use Act.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
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 applicant.
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 the
Board shall have all the powers of the administrative officer from
whom the appeal is taken. An appeal 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 was
taken certifies to the Board, after the notice of appeal shall have
been filed with him or her, that by reason of facts stated in the
certificate a stay would, in his or her 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.
A.
The Board of Adjustment shall have the power to:
(1)
Decide appeals where it is alleged by an applicant
that there is error in any order, requirement, decision or refusal
by an administrative officer based on or made in the enforcement of
this chapter.
(2)
Decide requests for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which the Board is authorized to pass by any zoning or official map ordinance in accordance with the Municipal Land Use Law.
(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 N.J.S.A. 40:55D-62 et seq. 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; where in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law and this chapter would be advanced by a deviation from the requirements of this chapter and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq.; provided, however, that no variance from those departures enumerated in Subsection A(4) 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-60.
(4)
In particular cases and for special reasons, grant
a variance to allow departure from regulations pursuant to N.J.S.A.
40:55D-62 et seq. and/or this chapter to permit a use or principal
structure in a district restricted against such use or principal structure,
an expansion of a nonconforming use, deviation from a specification
or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a
conditional use, an increase in the permitted floor area ratio as
defined in N.J.S.A. 40:55D-4, an increase in the permitted density
as defined in 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. A variance under this
subsection shall be granted only by affirmative vote of at least five
members.
(5)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34
for a building or structure in the bed of a map street or public drainageway,
flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(6)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
B.
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 this chapter.
C.
It is the intent of this chapter to confer upon the
Zoning Board of Adjustment all of the powers that may be lawfully
conferred upon such Board by the statutory and decisional law of the
State of New Jersey.
D.
Any variance granted by the Board of Adjustment, except
use variances, bulk variances granted pursuant to site plan approval
and any other variances which have greater limitations pursuant to
the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et.seq.,
for the erection or alteration of any structure shall expire by limitation
unless such construction or alteration shall have been commenced within
one year of the date of publication of the notice of judgment or determination
by the Board of Adjustment. The running of said period of limitation
shall be stayed from the date of filing an appeal from the decision
of the Zoning Board of Adjustment to the Township Committee or to
a court of competent jurisdiction until the final determination in
any manner of such appeal.
[Added 12-15-2005 by Ord. No. 2005-14]
The Board of Adjustment shall refer any applications
submitted pursuant to N.J.S.A. 40:55D-76 to any appropriate person
or agency for its report, provided that such reference shall not extend
the period of time within which the Board of Adjustment shall act.
A.
Any interested party may appeal to the Township Committee any final decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d. The appeal must be made within 10 days of the date of the publication of the final decision as set forth in § 192-34 of the Code of the Township of South Hackensack. The appeal shall be made by serving the Township Clerk in person or by certified mail, with a notice of the appeal, specifying the grounds thereof and the name and address of the appellant and name and address of his or her attorney, if represented. Such appeal shall be decided by the Township Committee only upon the record established below.
B.
Notice of the meeting to review the record below shall
be given by the Township Committee by personal service or certified
mail to the appellant and to those entitled to notice of the decision
and to the Board of Adjustment at least 10 days prior to the date
of the meeting. The parties may submit oral and written argument on
the record at such meeting, and the Township Committee shall provide
for verbatim recording and transcripts.
C.
The appellant shall, within five days of date of service of the notice of appeal, arrange for a transcript for use by the Township Committee and pay a deposit as provided in Chapter 108, Fees, for the estimated cost of such transcript, whichever is less, or within 35 days of service of the notice of appeal submit a transcript as otherwise arranged by the Township Clerk. Failure to comply with this section will be considered a failure to prosecute, and the appeal will be dismissed. The Township Committee shall conclude a review of the record and render a decision within 95 days from the date of publication of the notice of the decision below, unless the applicant consents, in writing, to an extension of such period. Failure of the governing body to render a decision shall constitute a decision affirming the action below.
[Amended 12-19-1996 by Ord. No. 96-14]
D.
The Township Committee may reverse, remand or affirm,
with or without the imposition of conditions, the final decision of
the Board of Adjustment.
E.
The affirmative vote of a majority of the full authorized
membership of the Township Committee shall be necessary to reverse,
remand or affirm, with or without conditions, any final action of
the Board of Adjustment.
F.
An appeal to the Township Committee shall stay all
proceedings in furtherance of the action in respect to which the decision
appealed from was made, unless the Board from whose action the appeal
is taken certifies to the Township Committee, after the notice of
appeal shall have been filed with the Board of Adjustment, that by
reason of facts stated in the certificate a stay would, in its 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 on
application upon notice to the Board of Adjustment and on good cause
shown.
G.
The Township Committee shall mail a copy of the decision
to the appellant or, if represented, to his or her attorney without
separate charge, and for a reasonable charge to any interested party
who has requested it, not later than 10 days after the date of the
decision. A brief notice of the decision shall be published in the
official newspaper of the Township of South Hackensack; such publication
shall be arranged by the Township Clerk. The appellant shall pay publication
charges.
Said Board of Adjustment may, in appropriate
cases, make special exceptions to the terms of this chapter, in harmony
with its general purpose and intent, provided that no special exception
shall be made in respect to any premises or structure or the use thereof
unless the same abuts and is not more than 150 feet from the boundary
of any established district where such structure or use is authorized
by the terms of this chapter.
[Added 1-21-1994; amended 2-17-1994]
Except as to applications relating to owner
occupied one- and two-family dwellings, no application under any article
of this chapter or any other application as may be permitted or required
by law shall be either deemed complete or entertained unless and until
the applicant has filed with that application written certification
of the Collector that all taxes, assessments and other charges levied
by the Township against the premises which are the subject of the
application are currently paid in full.
