[Amended 11-14-1978; 4-12-2005 by Ord. No.
2005-9; 10-12-2021 by Ord. No. 2021-28]
Pursuant to N.J.S.A. 40:55D-25(c)(2), the Borough of Bradley
Beach has created a nine-member Planning Board, which Planning Board
shall have the right to exercise, to the same extent and subject to
the same restrictions, all the powers of a Zoning Board of Adjustment.
[Amended 10-12-2021 by Ord. No. 2021-28]
The Class I and Class III members of the Planning
Board shall not participate in the consideration of applications for
development which involve relief pursuant to N.J.S.A. 40:55D-70.
There is hereby created the office of Attorney
to the Zoning Board of Adjustment. The Zoning Board of Adjustment
may annually appoint, fix the compensation of or agree upon the rate
of compensation of the Zoning Board of Adjustment Attorney, who shall
be an attorney other than the Municipal Attorney.
The Zoning 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. The Board shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. 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.
A.
The powers of the Zoning Board of Adjustment shall
be in accordance with N.J.S.A. 40:55D-69 et seq. and amendments and
supplements thereto and with the provisions of this chapter.
B.
It is further the intent of this chapter to confer
upon the Zoning Board of Adjustment as full and complete powers as
may lawfully be conferred upon such Board, including, not by way of
limitation, the authority, in connection with any case, action or
proceeding before the Board, to interpret and construe the provisions
of this chapter, or any term, clause, sentence or work hereof, and
the Zoning Map, in accordance with the general rules of construction
applicable to legislative enactments.
C.
The Board may, in appropriate cases and subject to
appropriate conditions and safeguards, grant variances from the terms
of this chapter in accordance with the general or specific rules contained
herein, and with the general rules hereby laid down that equity shall
be done in cases where the strict construction of the provisions of
this chapter would work undue hardship. The powers and duties of the
Board having been delegated to and imposed upon it by statute, the
Board shall in all cases follow the provisions applicable to it in
said c. 291, P.L. 1975,[1] or subsequent statutes in such case made and provided,
and it shall from time to time furnish to any person requesting the
same a copy of its rules and information as to how appeals or applications
may properly be filed with the Board for its decision thereon.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Appeals to the Board of Adjustment may be taken by
any person aggrieved or by an officer, department, board, or bureau
of the municipality affected by any decision of the administrative
officer. Each appeal shall be taken within the 65 days prescribed
by the statute by filing a notice of appeal with the officer from
whom the appeal was taken, together with three copies of the notice
with the Secretary of the Board of Adjustment. The notice of appeal
shall specify the grounds for the appeal. The officer 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.
B.
Applications addressed to the original jurisdiction
of the Board of Adjustment without prior application to an administrative
officer shall be filed with the Secretary of the Zoning Board of Adjustment.
Three copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps, or other papers required by virtue of any provision of
this chapter or any rule of the Board of Adjustment. 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.
C.
An appeal stays all proceedings in furtherance of
the action in respect of which the decision appealed from was made,
unless the officer from whom 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 otherwise than by a restraining
order which may be granted by the Board of Adjustment or by the Superior
Court of New Jersey on application or notice to the officer from whom
the appeal is taken and on due cause shown.
In exercising the above-mentioned power, the
Board of Adjustment may, in conformity with the provisions of c. 291,
P.L. 1975,[1] or amendments thereto or subsequent statutes applying,
reverse or affirm wholly or partly or may modify the order, requirement,
decision, or determination appealed from, and make such other requirement,
decision or determination as ought to be made, and to that end have
all the powers of the administrative officer from whom the appeal
was taken.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Any variance from the terms of this chapter
hereafter granted by the Board of Adjustment permitting the erection
or alteration of any structure or structures, or permitting a specified
use of any premises shall expire by limitation unless such construction
or alteration shall have been actually commenced on each and every
structure permitted by the variance, or unless such permitted use
has actually been commenced, within nine months from the date of entry
of the judgement or determination of the Board of Adjustment; except,
however, that the running of the period of limitation herein provided
shall be tolled from the date of filing an appeal from the decision
of the Board of Adjustment to the governing body, or to a court of
competent jurisdiction, until the termination in any manner of such
appeal or proceeding.
A.
The Board of Adjustment shall have such powers as
are granted by law to:
(2)
Hear and decide requests for interpretation of the
Map or Zoning Ordinance, or for decisions upon other special questions
upon which such Board is authorized by the Zoning Ordinance to pass.
(3)
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 regulation in the Zoning Ordinance would result in peculiar
and exceptional practical difficulties to, or exceptional and undue
hardship, upon the owner of such property, to grant, upon an application
or an appeal relating to such property, a variance from such strict
application, so as to relieve such difficulties or hardship; provided,
however, that no variance shall be granted under this subsection to
allow a structure or use in a district restricted against such structure
or use; and further provided 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 pursuant to the Section 47a of the
Municipal Land Use Law of 1975, c. 291, P.L. 1975.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-60a.
(4)
Grant a variance to allow a structure or use in a
district restricted against such structure or use in particular cases
and for special reasons, but only by the affirmative vote of at least
two-thirds of the full authorized membership of the Board.
B.
No variance or other relief may be granted under the
provisions 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 purpose of the zone plan and
Zoning Ordinance. 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 of Adjustment
shall act.
A.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 60-23, have power given by law to:
(1)
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.
(2)
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.
The Board of Adjustment shall have the power to grant,
to the same extent and subject to the same restrictions as the Planning
Board, subdivision or site plan approval pursuant to Article 6 of
c. 291, P.L. 1975,[1] 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 § 60-23D.
[1]
Editor's Note: See N.J.S.A. 40:55D-37 et seq.
A.
The Board of Adjustment shall render its decision
not later than 120 days after the date:
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.
