A.
A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69, which shall consist of seven regular
members and two alternate members. All members shall be residents
of the Township and shall be appointed by the Council. No member of
the Zoning Board of Adjustment may hold any elective office or position
in the Township government.
B.
Alternate members shall be designated at the time
of appointment by the Council as "Alternate No. 1" and "Alternate
No. 2."
C.
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, they
shall vote in rotation. Participation of alternate members shall not
be deemed to increase the size of the Zoning Board of Adjustment established
by ordinance pursuant to N.J.S.A. 40:55D-69.[1]
A.
Regular members. The term of each regular member shall
be four years. The terms of the members first appointed under this
chapter shall be so determined that, to the greatest extent practicable,
the expiration of such term shall be distributed evenly over the first
four years after their appointment, provided that the initial term
shall not exceed four years.
B.
Alternate members. The term of each alternate member
shall be two years, except that the terms of the alternate members
shall expire in alternate years.
If a vacancy occurs other than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
The Zoning Board of Adjustment shall elect a
Chairperson and Vice Chairperson from among its members and shall
also select a Secretary, who may be a Board member or a Township employee.
The Secretary shall be the administrative officer of the Board.
The Zoning Board of Adjustment may annually
appoint and, subject to the appropriation of funds, 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 contract for and fix the compensation of such experts and other
staff and services as it may deem necessary.
If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited by N.J.S.A.
40:55D-69 from acting on a matter due to the member's personal or
financial interest therein, Class IV members of the Planning Board
shall be called upon to serve, for that matter only, as temporary
members of the Board of Adjustment. The Class IV members of the Planning
Board shall be called upon to serve in order of seniority of continuous
service to the Planning Board until there are the minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between Class IV members of equal seniority,
the Chairperson of the Planning Board shall make the choice.
The Zoning Board of Adjustment shall not authorize
expenditures which exceed, exclusive of gifts and grants, the amount
appropriated by the Township Council for its use.
A.
The Zoning Board of Adjustment shall have the following
powers:
(1)
To hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 285, Zoning.
(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 pursuant to Chapter 285, Zoning, of this Code 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 of such regulation 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 N.J.S.A. 40:55D-60a.
(4)
In particular cases and for special reasons, to grant a variance [a variance under this Subsection A(4) shall be granted only by affirmative vote of at least five members] to allow departure from regulations, pursuant to Chapter 285, Zoning, of this Code to permit:
(a)
A use or principal structure in a district restricted
against such use or principal structure.
(b)
An expansion of a nonconforming use.
(c)
Deviation from a specification or standard pursuant
to N.J.S.A. 40:55D-67, pertaining solely to a conditional use.
(d)
An increase in the permitted floor area ratio,
as defined in N.J.S.A. 40:55D-4.
(e)
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.
(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-35, 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, pursuant to N.J.S.A. 40:55D-37 through 40:55D-59, 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.
B.
No variance or other relief may be granted under the provisions of Subsections A(1) through (4) of this section unless such variance or other relief can be granted without substantial detriment to the public good and shall not substantially impair the intent and purpose of the zone plan and Chapter 285, Zoning.
C.
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 grant of all required subsequent approvals 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 zone plan and the Chapter 285, Zoning. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for the approval in question, and the special vote, pursuant to Subsection A(4) of this section, shall not be required. Any application under any provision of this subsection 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.
D.
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.
A.
Appeals to the Zoning 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 285, Zoning, or Official Map. Each appeal shall be taken within the 20 days prescribed by N.J.S.A. 40:55D-72(a) by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of such notice with the Secretary of the Zoning Board of Adjustment. Such 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 Zoning 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 Zoning 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 to the Board shall stay 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 Zoning Board of Adjustment after the notice of appeal shall
have been filed with him/her that by reason of facts stated in the
certificate a stay would, in his/her 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
Zoning 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 for good cause shown.
D.
An appeal or application to the Zoning Board of Adjustment
shall be complete for purposes of commencing the applicable time period
for action by the Board when so certified by the Board or its authorized
designee. In the event that the Board or designee does not certify
the application to be complete within 45 days of the date of its submission,
the application shall be deemed complete upon expiration of the forty-five-day
period for purposes of commencing the applicable time period unless:
(1)
The application lacks information in the form and
substance required by the checklist for the particular type of application,
which list of requirements and forms shall be provided to the applicant;
and
(2)
The Zoning Board of Adjustment, or its designee, has
notified the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application. The applicant may
request that one or more of the submission requirements be waived,
in which event the Zoning Board of Adjustment shall grant or deny
the request within 45 days. Nothing herein shall be construed as diminishing
the applicant's obligation to prove in the application process that
he/she is entitled to approval of the application. The Zoning Board
of Adjustment may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the ordinance or any revisions in the accompanying documents,
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Zoning Board of Adjustment.
The Zoning 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 make
such other requirement, decision or determination as ought to be made,
and to that end have all powers of the officer from whom the appeal
was taken.
The Zoning Board of Adjustment shall render its decision no later than 120 days after the date an appeal is taken from the decision of an administrative official, or the submission of a complete application for development to the Board, pursuant to the provisions of N.J.S.A. 40:55D-70(b). In the event that the developer elects to submit separate consecutive applications in accordance with the provisions of § 125-20A(7), the aforesaid provisions 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. Failure of the Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application.
[Amended 3-13-2008 by Ord. No. 11-2008]
Any interested party may appeal to the Superior
Court of New Jersey any final decision of the Zoning Board of Adjustment
approving an application for development pursuant to N.J.S.A. 40:55D-70(d).
Such time period for appeal shall be in accordance with the rules
governing the courts of the State of New Jersey.
