A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq. and amendments thereto, consisting of seven residents of the Township of West Amwell appointed by the Township Committee.
A. 
The Zoning Board of Adjustment shall have two alternate members. Alternate members shall be designated at the time of appointment by the Township Committee as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate 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 two years after their appointment, provided that the initial term of no alternate member shall exceed two years.
B. 
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.
Each member shall serve for a term of four years from January 1 of the year of their 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 no member shall exceed 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.
A member may, after public hearing if he requests it, be removed by the governing body for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
A. 
At the Board's first meeting following January 1 of each year, the Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary who may be either a Board member or a municipal employee.
B. 
These officers shall serve for the calendar year and until their successors have been duly elected, or, in the case of the Secretary, until a successor has been appointed.
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 Board shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
A. 
In addition, the Zoning Board of Adjustment may also employ or contract for and fix the compensation of or agree to the rate of 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.
B. 
The Board may also employ experts to study, review and provide testimony on elements of a specific development application should it be determined that such additional professional expertise is necessary for the Board to make a judgment on an application. The cost of such professional services shall be paid by the applicant to the Township Treasurer and shall be placed in the appropriate account.
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 testimony, the provisions of the County and Municipal Investigation 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 thereto, and with the provisions of this chapter.
B. 
The 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 an administrative officer based on or made in the enforcement of the zoning ordinance.[1]
[1]
Editor's Note: See Part 4, Zoning, of this chapter.
(2) 
Hear and decide requests for interpretation of the zoning map or ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map ordinance.
(3) 
Variances pursuant to N.J.S.A. 40:55D-70c, from lot area, lot dimensional, setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.
(a) 
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 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 zoning 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 a departure from the zoning regulations; provided, however, that no "d" variance as described in Subsection B(4) 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 this chapter.
(4) 
In particular cases and for special reasons, grant a variance to allow departure from zoning regulations 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 pertaining solely to a conditional use, 4) an increase in the permitted floor area ratio, 5) an increase in the permitted density, 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. A variance under this subsection shall be granted only by affirmative vote of at least five members. No variance or other relief may be granted under the terms of this chapter unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning ordinance. In respect of any airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983," no variance or other relief may be granted under the terms of this chapter 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 for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
(5) 
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 of its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The Board of Adjustment shall send copies of this report and resolution to the Township Committee and Planning Board.
(6) 
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 or conditional use approval pursuant to Township ordinances whenever the proposed development requires approval by the Board of Adjustment of a "d" variance pursuant to Subsection B(4) of this section. 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 grant of all required subsequent approvals by the 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 zoning ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as required in this chapter, and the special vote for a "d" variance shall not be required.
(7) 
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.
(8) 
Direct issuance of a permit for a building or structure not related to a street.
A. 
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 Board of Adjustment. Eleven copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 14 days prior to the date set for the hearing, the applicant shall also file all 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.
B. 
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of the zoning ordinance or official map. Each appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal was taken, together with 11 copies of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
C. 
An appeal stays all proceedings in furtherance of the action in respect to 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 an order of the Superior Court of New Jersey upon 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 reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken.
A. 
The Board of Adjustment shall render its decision not later than 120 days after the date 1) an appeal is taken from the decision of an administrative officer, or 2) the submission of a complete application for development to the Board pursuant to N.J.S.A. 40:55D-72b. Failure of the Board to render a decision within such period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
B. 
In the event that the developer elects to submit separate consecutive applications, the aforesaid provision 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 section.
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 specific 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 said variance, or unless such permitted use has actually been commenced, within 18 months from the date of entry of the judgment 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.