A.
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 Galloway appointed by the Council to serve for
terms 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.
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 or alternate 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 for the unexpired term only. Any vacancy occurring
in any one of the alternate positions on the said Board shall be filled
only for an unexpired period through and including December 1, 1976,
it being the intention that the Board be converted to a seven-man
Board, as provided by law, as soon as practicable.
D.
The governing body shall appoint not more than two
alternate members who shall be designated as "Alternate No. 1" and
"Alternate No. 2" and who shall serve in rotation during the absence
or disqualification of any regular member or members. The term of
each alternate member shall be two years.
[Added 2-5-1979 by Ord. No. 577]
E.
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.
[Added 3-17-1980 by Ord. No. 615]
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 another municipal 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 Municipal 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. The Board shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
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 of testimony, the provisions of the County and Municipal
Investigations 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 and
supplements thereto, and with the provisions of this chapter.
B.
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, including, but 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.
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 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 said Ch. 291, P.L. 1975, or subsequent statutes in such case made and provided, and it shall from time to time 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.
A.
Appeals to the Board of Adjustment may be taken by
any interested party affected by any decision of an administrative
officer of the municipality based on or made in the enforcement of
the Zoning Ordinance or Official Map. Such appeal shall be taken within
the 20 days prescribed by the statute by filing a notice of appeal
with the officer from whom the appeal is taken specifying the grounds
of such appeal on the forms required and provided by said Board, if
any, together with nine copies thereof of said notice with the Secretary
of the Board of Adjustment. The officer from whom the appeal is taken
shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed was taken.
[Amended 3-17-1980 by Ord. No. 615]
B.
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 Zoning Board of Adjustment.
Nine 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 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 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 due cause shown.
In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provision of Ch. 291, P.L. 1975, or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
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 specified
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 six 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.
A.
The Board of Adjustment shall have such powers as
are granted by law to:
(2)
Hear and decide requests for interpretation of the
map or Zoning Ordinance, or for decisions upon other special questions
upon which such Board is authorized by the Zoning Ordinance to pass.
(3)
Where, by reason of exceptional narrowness, shallowness
or shape of a specific piece of property, or by reason of exceptional
topographic conditions, or by reason of other extraordinary and exceptional
situation or condition of such piece of property, the strict application
of any regulation in the Zoning Ordinance 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 so as to relieve such difficulties or hardships, including
a variance for a conditional use; provided, however, that no variance
shall be granted under this subsection to allow a structured 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.
[Amended 3-17-1980 by Ord. No. 615]
(4)
In particular cases and for special reasons, grant
a variance to allow departure from zoning regulations, including but
not limited to allowing a structure or use in a district restricted
against such structure or use, but only by affirmative vote of at
least five members.
[Amended 3-17-1980 by Ord. No. 615]
B.
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 Zoning Plan
and Zoning Ordinance. Any application under any subsection of this
section may be referred to any appropriate person or agency, including
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.
A.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 59-22 of this article, have power given by law to:
(1)
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.
(2)
Direct issuance of a permit, pursuant to N.J.S.A.
40:55D-36, for a building or structure not related to a street.
B.
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 pursuant to N.J.S.A. 40:55D-37
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.
[Amended 3-17-1980 by Ord. No. 615]
(1)
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 otherwise provided for the approval in question, and the special vote pursuant to N.J.S.A. 40:55D-70d and § 59-22 of this chapter shall not be required.
(2)
Whenever an application for development requests relief
pursuant to this subsection, the Board of Adjustment shall grant or
deny approval of the application within 120 days after submission
by the 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 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. Failure of the
Board of Adjustment to act within the period prescribed shall constitute
approval of the application, and a certificate of the administrative
officer as to the failure of the Board of Adjustment to act shall
be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other evidence of approval and
shall be so accepted by the county recording officer for the purposes
of filing subdivision plats.
(3)
An application under this subsection may be referred
to any appropriate person or agency, including 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.
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 submission of a complete
application for development to the Board, pursuant to the provisions
of N.J.S.A. 40:55D-70b.
B.
Failure of the Board 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.