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.
D. 
In the Pinelands Area of Monroe Township, notwithstanding the provisions of this section, local approvals granted as a result of the approving authority's failure to act within the prescribed time period shall not become effective until the requirements of § 175-42D and E are met.
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.
(1) 
The Zoning Board of Adjustment need not follow any report or recommendation received as a result of referral to another person or agency.
(2) 
Copies of any resolution pertaining to an application that has been referred shall be sent to all referral agencies or persons.
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.