A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven residents
of the Township of Monroe appointed by the Township Council.
A.
A member shall serve for terms of four years from
January 1 of the year of his appointment. The terms of the members
first appointed shall be so determined that to the greatest practicable
extent the expiration of such terms shall be distributed evenly over
the first four years after their appointment, provided that the initial
term of any member shall not exceed four years. Thereafter, the term
of each member shall be for four years. Nothing in this chapter shall,
however, be construed to affect the term of any present member of
the Zoning Board of Adjustment, all of whom shall continue in office
until the completion of the term for which they were appointed.
B.
No member of the Zoning Board of Adjustment may hold
any elective office or position under the municipality.
C.
A vacancy occurring otherwise than by expiration of
term shall be filled by the Township Council for the unexpired term
only.
D.
No member may hold any elective office or position
under the municipality. No member of the Zoning 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 member of the Board who was absent for one
or more of the meetings at which a hearing was held shall be eligible
to vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript or recording
of the meeting from which he was absent and certifies, in writing,
to the Board that he has read such transcript or listened to such
recording.
A.
The Township Council may appoint two alternates to
the Zoning Board of Adjustment for terms of two years. Such alternate
members shall be designated by the Township Council as "Alternate
No. 1" and "Alternate No. 2."
B.
The terms of the alternate members shall be for two
years, except that the terms of alternate members shall be such that
the term of not more than one alternate member shall expire in any
one year; provided, however, that in no instance shall the terms of
the alternate members first appointed exceed two years. A vacancy
occurring otherwise than by expiration of term shall be filled by
the Township Council for the unexpired term only.
[Amended 5-17-1988 by Ord. No. O-12-88]
C.
No alternate member shall be permitted to act on any
matter in which he has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if he requests one, be removed by the governing body for cause.
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.
The Zoning Board of Adjustment shall elect a
Chairman and Vice Chairman from its members and shall select a Secretary
who may be a Board member or a municipal employee. The Zoning Board
of Adjustment may employ, or contract for, and fix the compensation
of legal counsel, other than the Municipal Attorney, a licensed planning
consultant and/or a licensed professional engineer and other staff
and services as it shall deem necessary, not exceeding, exclusive
of gifts or grants, the amount appropriated by the Township Council
for its use.
The Zoning Board of Adjustment shall adopt,
and may amend, reasonable rules and regulations, not inconsistent
with any applicable provisions of this chapter, for the administration
of its functions, powers and duties, and shall furnish a copy thereof
to any person upon request and may charge a reasonable fee for such
copy. Copies of all such rules and regulations and amendments thereto
shall be maintained in the office of the administrative officer (N.J.S.A.
40:55D-8a).
A.
The Zoning Board of Adjustment shall have the power
to:
(1)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the Zoning Officer based on or made in the enforcement of Article XIV of this chapter.
(2)
Hear and decide, in accordance with the provisions
of the Zoning Article of this chapter, requests for interpretation
of the Zoning Map or Zoning Article of this chapter or for decisions
upon other special questions upon which such Board is authorized to
pass by the zoning provisions of this chapter.
(3)
Request for variance.
[Amended 11-21-1984 by Ord. No. O-26-84]
(a)
Where, by reason of exceptional narrownesss, 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 Article XIV of this chapter 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.
(b)
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 Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article XIV of this chapter, provided, however, that no variance from those departures enumerated in Subsection A(3)(c) 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 § 175-21G of this chapter.
(c)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article XIV of 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 isolated undersized lots or lots resulting from a minor subdivision, or a height of a principal structure which exceeds by 10 feet or 10% of the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members.
[Amended 11-21-1984 by Ord. No. O-26-84; 7-21-1992 by O-27-92]
(4)
If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection A(3)(c) of this section, the decision on the requested variance or variances shall be rendered under Subsection A(3)(a) or Subsection A(3)(b) of this section.
[Added 7-21-1992 by Ord. No. O-27-92]
B.
No variance or other relief may be granted under the
terms of this subsection 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 Master Plan
and Zoning Ordinance. An application under this section may be referred
to any appropriate person or agency for its report, provided that
such reference shall not extend the period of time within which the
Zoning Board of Adjustment shall act.
[Amended 11-21-1984 by Ord. No. O-26-84]
C.
In exercising the above-mentioned power, the Zoning
Board of Adjustment may, in conformity with the provision of N.J.S.A.
40:55D-1 et seq. or amendments thereto or subsequent statutes applying
or the Pinelands Comprehensive Management Plan, reverse or affirm,
wholly or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from, and make such other
requirement, decision or determination as ought to be made, and to
that end have all powers of the official from whom the appeal was
taken.
[Amended 11-21-1984 by Ord. No. O-26-84]
D.
Any municipal variance approval which grants relief
from the density or lot area requirements set forth in the Schedule
of Limitations for the Regional Growth Zoning Districts shall require
that Pinelands development credits be used for all dwelling units
or lots in excess of that permitted without the variance. Any municipal
variance or other approval for the development of a residential use
in the RG-LI or RG-TC Districts shall require that Pinelands development
credits be used for 50% of the authorized units for parcels under
10 acres in size; for 75% of the authorized units for parcels between
10 and 20 acres in size; and for 100% of the authorized units for
parcels over 20 acres in size. Any municipal variance or other approval
for an approval of a nonresidential use not otherwise permitted in
the RG-20, RG-30, RG-40, RG-MR, RG-PR Districts shall require that
Pinelands development credits be used at 50% of the maximum rate permitted
for Pinelands development credit use in the zone in which nonresidential
use will be located for parcels under 10 acres in size; at 75% of
the maximum rate for parcels between 10 and 20 acres in size; and
at 100% of the maximum rate for parcels over 20 acres in size. This
requirement shall not apply to a variance or other approval which
authorizes the expansion of or changes to existing nonresidential
uses in accordance with N.J.A.C. 7:50-5.2.
[Added 10-3-1988 by Ord. No. O-21-88; amended 5-21-1990 by Ord. No. O-11-90; 12-17-1990 by Ord. No. O-31-90; 2-15-1993 by Ord. No. O-5-93; 8-14-2001 by Ord. No. O-22-2001]
[Amended 11-21-1984 by Ord. No. O-26-84]
The Zoning Board of Adjustment shall, in addition to the powers specified in § 175-30 of this article, have power given by law to:
A.
Upon application of the requirements of §§ 175-28, 175-32, 175-33A(1) and G, 175-30B and 175-33F of this chapter (N.J.S.A. 40:55D-71 through 55D-75) to:
(1)
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 (N.J.S.A. 40:55D-32
and 55D-34). An affirmative vote of a majority of the full authorized
membership of the Zoning Board of Adjustment is required.
(2)
Direct issuance of a permit for a building or structure
not related to a street (N.J.S.A. 40:55D-36).
(3)
The Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to § 175-21G of this chapter.
[Added 7-21-1992 by Ord. No. O-27-92]
B.
Subdivision, site plan and conditional use approval.
(1)
The Zoning Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision, site plan, or conditional use approval pursuant to Article V of this chapter but only when the proposed development requires approval by the Board of Adjustment of a variance pursuant to § 175-30A(3)(c) of this chapter (N.J.S.A. 40:55D-70d). 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 the granting of all required subsequent approval by the Zoning 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 Master Plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid § 175-30A(3)(c) shall not be required.
(2)
Whenever the Zoning Board of Adjustment considers an application for development in accordance with the provisions of Subsection B(1) above, said application for subdivision, site plan or conditional use approval may be referred to the Planning Board for its report and recommendation. Section 175-33E of this chapter shall apply.
[Amended 11-21-1984 by Ord. No. O-26-84]
A.
Appeals to the Zoning Board of Adjustment may be taken
by any interested party affected by a decision of the Zoning Officer
of the Township based on or made in the enforcement of the Zoning
Ordinance or Official Map. Such appeal shall be taken within 20 days
by filing a notice of appeal with the Zoning Officer specifying the
grounds of such appeal. The officer from whom the appeal is taken
shall immediately transmit to the Zoning Board of Adjustment all the
papers constituting the record upon which the action appealed from
was taken.
B.
A developer may file an application for development
with the Zoning Board of Adjustment for action under any of its powers
without prior application to the Zoning Officer or any other administrative
officer.
[Amended 11-21-1984 by Ord. No. O-26-84]
A.
Appeals and applications.
(1)
The Zoning 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 other administrative officer, or the submission of a complete application for development to the Zoning Board of Adjustment pursuant to the provisions of § 175-32B of this chapter (N.J.S.A. 40:55D-72b).
(2)
Failure of the Zoning Board of Adjustment 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.
B.
Variances.
(1)
Whenever an application for development requests relief pursuant to § 175-31B, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid time period 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 (N.J.S.A. 40:55D-1 et seq.).
(2)
Failure of the Zoning Board of Adjustment to act within
the period prescribed shall constitute approval of the application
and a certificate of the Board Secretary as to the failure of the
Zoning Board of Adjustment to act shall be issued on request of the
applicant. Said certificate shall be sufficient in lieu of the written
endorsement or other evidence of approval, herein required, and shall
be so accepted by the county recording officer for purposes of filing
subdivision plats.
C.
Whenever review or approval by the County Planning
Board of the application is required in the case of a subdivision
(N.J.S.A. 40:27-6.3), or in the case of a site plan (N.J.S.A. 40:27-6.6),
the Zoning 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 by its failure to report thereon within
the required time.
E.
An application to the Zoning Board of Adjustment made
in accordance with the powers delegated to said Board in accordance
with this chapter, may be referred to any appropriate person or agency
for its report. Such reference shall not extend the period of time
within which the Zoning Board of Adjustment shall act. The Zoning
Board of Adjustment shall set a deadline of not less than 100 days
for receipt of a report from the person or agency referred to. The
Zoning Board of Adjustment shall take no action on the application
until either receipt of requested report or the expiration aforementioned
time period.
F.
An appeal to the Zoning Board of Adjustment shall
stay all proceedings in furtherance of the action in respect to which
the decision appealed from was made unless the Zoning Officer, from
whose action the appeal is taken, certifies to the Zoning Board of
Adjustment, after the notice of appeal shall have been filed with
him, that by reason of facts stated in his certification 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.
G.
Inquiries whether a proposed land use is permissible
under the Zoning Ordinance or Official Zoning Map shall be submitted,
in writing, to the Board of Adjustment which shall issue a written
response within 45 days after the next meeting following receipt of
the request or within such additional time as may be consented to
by the inquirer.
