A.
Findings. The Zoning Board of Adjustment was created
by ordinance pursuant to the terms of N.J.S.A. 40:55D-69. This aforementioned
statute mandates the creation of a Zoning Board of Adjustment upon
the adoption of a zoning ordinance unless the municipality is eligible
for, and exercises, the option of creating a nine-member Planning
Board to exercise all of the powers and duties of the Board of Adjustment
as provided by N.J.S.A. 40:55D-25c(1). The Township meets the criteria
established in N.J.S.A. 40:55D-25c(1) and has determined that it is
in the public’s best interest to abolish the Zoning Board to
Adjustment and allow the Planning Board to exercise its powers and
duties.
B.
Abolishment of Zoning Board of Adjustment; discharge
of members.
(1)
The Zoning Board of Adjustment is hereby abolished,
and all of the powers and duties granted by law to the Board are hereby
transferred to the Planning Board pursuant to the authority established
in N.J.S.A. 40:55D-25c(1).
(2)
All members, officers and employees of the Zoning
Board of Adjustment as of the effective date of this section shall
be discharged from their positions, offices or employment.
[1]
Editor's Note: This ordinance provided that
it take effect 10-1-2006.
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and select a Secretary, who may
be either a Board member or another Township employee.
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 Township Attorney.
The Zoning Board of Adjustment may also employ
or contact for and fix the compensation of 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 Township Committee for its use.
The Board shall adopt necessary rules and regulations
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.
The following shall apply:
A.
Basic powers. 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 the provisions of this chapter.
B.
Interpretation. 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 that 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 word
hereof, and the Zoning Map, in accordance with the general rules of
construction applicable to legislative enactments.
C.
Variances. 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,
so 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 c. 291, P.L. 1975,[1] or subsequent statutes in such case made and provided,
and shall 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.
The following shall apply:
A.
Appellant; time. Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of Chapter 190, Zoning, or the Official Map. Each appeal shall be taken within the 20 days prescribed by statute by filing a notice of appeal with the officer from whom the appeal was taken, together with five copies of the notice with the Secretary of the Board of Adjustment. The notice of appeal shall specify the grounds of the appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record on which the action appealed from is taken.
[Amended 3-12-2003 by Ord. No. 2003-1]
B.
Filing. Applications addressed to the original jurisdiction of the Board of Adjustment shall be filed with the administrative officer. Five copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 20 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. The requirements for a complete application for a variance are contained in § 74-41.
C.
Stays. 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 the 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
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.
A.
Any variance from the terms of this chapter hereafter
granted by the reviewing municipal body permitting erection or alteration
of any structure or permitting a specific use of any premises shall
expire by limitation unless the construction or alteration shall have
been actually commenced on every structure permitted by the variance
or unless the permitted use has actually commenced within nine months
from date of adoption of the resolution granting approval; except,
however, that the running of the period of limitation herein provided
shall be tolled from the date of filing of an appeal from the decision
of the Board of Adjustment to the Township Committee, in use variance
cases, or to a court of competent jurisdiction, until termination
of such appeal or proceeding.
B.
The reviewing municipal body may grant reasonable
extensions of the time limit set forth herein, upon showing of good
cause by the applicant. All requests for extensions under this section
shall be made in writing setting forth reasons for the request.
The Board of Adjustment shall have such powers
as are granted by law 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 Chapter 190, Zoning.
C.
Variances.
(1)
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 Chapter 190, Zoning, 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 the strict application of such regulation so as to relieve such difficulties or hardship;
(2)
Where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the requirements of Chapter 190, Zoning, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such regulations of Chapter 190, Zoning; provided, however, that no variance from those departures enumerated in N.J.S.A. 40:55D-70d 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-60a of the Municipal Land Use Law.
D.
In particular cases and for special reasons, grant a variance to allow departure from regulations set forth in Chapter 190, Zoning, 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, in which event applications would be made pursuant to Subsection C above. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
E.
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 Chapter 190, Zoning. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, N.J.S.A. 6:1-80 et seq., no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that Act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency other than 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.
The Zoning Board of Adjustment shall, in addition to powers specified in § 74-25, have power given by law to:
A.
Reserved areas. 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.
B.
Relationship to a street. Direct issuance of a permit
pursuant to N.J.S.A. 40:55D-36 for a building or structure not related
to a street.
C.
Others. Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit a separate application requesting the approval of a variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of a variance shall be conditioned upon the granting of all required subsequent approvals by the Board of Adjustment. No such subsequent approvals 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 Chapter 190, Zoning. The number of votes of Board members required to grant any such subsequent approvals shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid N.J.S.A. 40:55D-70d shall not be required.
[Amended 3-12-2003 by Ord. No. 2003-1]
A.
The Board of Adjustment shall render its decision
not later than 120 days after the date an appeal is taken from the
decision of an administrative officer or the date of certification
of completeness of an application for development to the Board of
Adjustment.
B.
The review committee of the Board shall certify the completeness of any application within 45 days of the date the application is filed with the administrative officer; otherwise the application shall be deemed complete. The date of certification of completeness of an application for development to the Board of Adjustment shall be determined in accordance with the provisions of § 74-37 of this chapter.
C.
The failure of the Board to render a decision within the applicable time period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant, and the applicant shall comply with the provisions of § 74-44.
D.
In the event that the developer elects to submit separate
consecutive applications for a use variance and then site plan approval,
subdivision approval or conditional use approval, respectively, the
one-hundred-twenty-day provision shall apply to the application for
approval of the variance, but the period for granting or denying any
subsequent approval shall be otherwise provided in this chapter.
On an application for development, no condition of approval shall be deemed satisfied until all deeds, easements, bonds and guarantees required to be submitted to the Township or to others as a condition of approval shall have been reviewed by the Township Engineer and the Attorney for the Zoning Board of Adjustment in accordance with the procedure set forth in § 74-14.
The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on provisions of Chapter 190, Zoning, which were the subject of variance requests and its recommendations for amendment or revision of Chapter 190, Zoning, if any. The Board of Adjustment shall send copies of the report and resolution to the governing body and Planning Board.
