[1]
Editor's Note: For the establishment and organization of the Zoning Board of Adjustment, see Ch. 4, Administration of Government, § 4-35.
A. 
The Zoning Board of Adjustment is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
(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 official based on or made in the enforcement of Chapter 205, Zoning.
(2) 
To hear and decide requests for interpretation of the Zoning Map or Chapter 205, Zoning, or for decisions upon other special questions upon which the Board is authorized to pass by Chapter 205, Zoning, or Official Map Ordinance, if adopted.
(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 in Chapter 205, Zoning, would result in peculiar and exceptional practical difficulties to, or 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; or where in an application or appeal relating to a specific piece of property the purposes of Chapter 205, Zoning, would be advanced by a deviation from Chapter 205, Zoning, requirements and the benefits of the deviation would substantially out with any detriment, to grant a variance to allow departure from Chapter 205, Zoning, regulations; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection, and provided 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 § 22-1G.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
To grant a variance.[2]
(a) 
In particular cases for special reasons, to grant a variance to allow departure from Chapter 205, Zoning, regulations to permit:
[1] 
A use or principal structure in a district restricted against such use or principal structure;
[2] 
An expansion of a nonconforming use,
[3] 
Deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use;
[4] 
An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4;
[5] 
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; or
[6] 
A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.
(b) 
A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
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.
(6) 
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.
(7) 
To grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval 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 Subsection A(4) of this section. Before taking any action with respect to a subdivision or site plan application submitted under the subsection, the Zoning Board of Adjustment may refer said application to the Planning Board as permitted by N.J.S.A. 40:55D-26 for its report and recommendation as to whether the subdivision or site plan application should be approved. The Planning Board shall transmit its report and recommendation to the Zoning Board of Adjustment within 35 days of receipt thereof. The Planning Board recommendation may be rejected only by a majority of the full membership of the Zoning Board of Adjustment. Said referral shall not toll the time for the Zoning Board of Adjustment to act with respect to said application(s).
[Amended 11-7-1984 by Ord. No. 1984-18]
B. 
No variance or other relief may be granted under the provisions of Subsection A(1), (2), (3) or (4) of this section unless said variance or other relief may be granted without substantial detriment to the public good and will not impair the intent and purpose of the zoning plan and Chapter 205, Zoning. Any application under any subsection of 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 shall act.
[Amended 9-16-1981 by Ord. No. 1981-15]
A. 
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of a township official based on or made in the enforcement of Chapter 205, Zoning, or Official Map. Each appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal was taken, together with three copies of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds for said appeal. The official from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Three copies of an application for the exercise of the Board's power pursuant to § 22-6A(2), (3), (4), (5), (6) or (7) shall be filed with the Secretary of the Zoning Board of Adjustment.
C. 
At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for the hearing, the applicant shall also file all relevant plot plans, maps or other papers. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board. The applicant shall file the required fees in accordance with the fee schedule and standards adopted by the Township Council by resolution.
D. 
An appeal shall stay the decision appealed from unless the official from whose decision the appeal is taken certifies to the Board of Adjustment 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 otherwise than by an order of the Superior Court of New Jersey upon notice to the official from whom the appeal is taken and on due cause shown.
E. 
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 official from whom the appeal was taken.
Any variance from the terms of Chapter 205, Zoning, granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or a specified use of any premises shall expire unless such construction, alteration or use shall have been actually commenced on or in each and every structure permitted by said variance within six months from the date of authorization by the Board of Adjustment and diligently pursued to completion; except, however, that the running of this period 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 the termination in any matter of such appeal or proceeding.
A. 
Board of Adjustment shall render its decision not later than 120 days after the date:
(1) 
An appeal is taken pursuant to § 22-6A(1); or
(2) 
A complete application for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit is submitted to the Board, pursuant to the provisions of § 22-6A(3), (4), (5), (6) or (7).
B. 
Failure of the Board to render such 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. In the event that the Board fails to so act on a complete application for development, the Building Services Coordinator shall issue a certificate on request to the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Clerk for purposes of filing subdivision plats.
[Amended 7-6-1977 by Ord. No. 1977-12]
A. 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Township 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.
B. 
An application under § 22-6 et seq. may be referred to any appropriate person or agency, including the Planning Board, pursuant to § 22-1F for its report, provided that such reference shall not exceed the period of time within which the Zoning Board of Adjustment shall act.