The Zoning Board of Adjustment shall have the
power to:
A. Error or refusal. Hear and decide appeals where it
is alleged by the applicant that there is an error in any order, requirement,
decision or refusal made by a Township official based on or made in
the enforcement or the zoning provisions of this chapter.
B. Exceptions or interpretations. Hear and decide requests
for interpretation of the Zoning Map or the zoning provisions of this
chapter or for decisions upon other special questions upon which the
Board is authorized to pass by any zoning provisions of this chapter
or by any duly adopted Official Map.
C. General bulk variances.
(1) 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;
(2) 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 requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning requirements; provided, however, that no variance from those departures enumerated in Subsection
D hereinbelow (N.J.S.A. 40:55D-70d) 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 §
148-93H of this chapter (N.J.S.A. 40:55D-60a).
D. Use variance, variances from conditional use standards and major specific bulk variances. In particular cases and for special reasons, grant a variance to allow departure from the zoning provisions 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 set forth in this chapter as pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in §
148-9 of this chapter and in N.J.S.A. 40:55D-4; an increase in the permitted density as defined in Article
IV or Article
V of this chapter, as the case may be, and 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 or a height of a principal structure which exceeds by 10 feet or 10% 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 of the Board.
E. If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection
D of this section, the decision on the requested variance or variances shall be rendered under Subsection
C of this section.
F. General provisions. No variance or other relief may
be granted under the terms 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
zone plan and the zoning provisions of this chapter. An application
under this section may be referred to any appropriate person or agency,
other than 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.
G. Other powers. The Zoning Board of Adjustment shall
have such other powers as prescribed by law, including but not limited
to the following:
(1) Direct issuance of a construction permit pursuant
to N.J.S.A. 40:55D-34 for the construction of a building or structure
within the bed of a mapped street or public drainageway, flood control
basin or public area as shown on a duly adopted Official Map of the
municipality whenever one or more parcels of land within said bed
cannot yield a reasonable return to the owner unless a construction
permit is granted. The Board may grant such relief only by affirmative
vote of a majority of the full authorized membership of the Zoning
Board of Adjustment, ensuring that such relief will tend to cause
a minimum change of the Official Map and will not significantly add
to the cost of opening any proposed street. The Board shall impose
reasonable requirements as a condition of granting the construction
permit so as to promote the health, morals, safety and general welfare
of the public. 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 Subdivision b of N.J.S.A. 40:55D-60.
(2) Direct issuance of a construction permit pursuant
to N.J.S.A. 40:55D-36 for the construction of a building or structure
on a lot not abutting a street which is shown on a duly adopted Official
Map of the municipality or which is an existing state, county or municipal
street or highway; or a street shown upon a plat approved by the Municipal
Planning Board; or a street on a plat duty filed in the office of
the County Recording Officer. The Board may grant such relief only
when the enforcement of the statute requirement that a building lot
abut a street would entail practical difficulty or unnecessary hardship
or where the circumstances of the case do not require the building
or structure to abut a street. The Board shall impose requirements
or conditions that will provide adequate access for fire-fighting
equipment, ambulances and other necessary emergency vehicles for the
protection of the health and safety and that will protect any future
street layout on the Official Map or on the general circulation plan
element of the Municipal Master Plan. 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 Subdivision
c of N.J.S.A. 40:55D-60.
(3) 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 whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to Subsection
D 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 a 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 zoning provisions of this chapter. The number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in this chapter for the approval in question and the special vote pursuant to Subsection
D of this section shall not be required.
H. Annual report on variances. The Zoning 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 revisions, if any. The Zoning Board of Adjustment shall
send copies of the report and resolution to the governing body and
Planning Board.
The Planning Board shall have the powers listed
below in addition to other powers established by law:
A. Make, adopt and, from time to time, amend a Master
Plan for the physical development of the Township, including any areas
outside its boundaries which, in the Board's judgment, bear essential
relationship to the planning of the Township.
B. Administer the subdivision and site plan review provisions
of this chapter in accordance with the applicable provisions of said
chapter.
C. Hear and decide applications for conditional uses
in accordance with the applicable provisions of this chapter.
D. Participate in the preparation and review of programs
or plans required by state or federal law or regulation.
E. Assemble data on a continuing basis as part of a continuous
planning process.
F. Annually, at the request of the Township Committee,
prepare a program of municipal capital improvements projects projected
over a term of six years and recommend the same to the Township Committee.
G. Consider and report to the Township Committee within
35 days after referral as to any proposed development regulation submitted
to it and also pass upon other matters specifically referred to the
Planning Board by the Township Committee.
H. Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to §
148-90D of this chapter (N.J.S.A. 40:55D-70d), to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(1) Variances pursuant to §
148-90C of this chapter (N.J.S.A. 40:55D-70c).
(2) Direction pursuant to §
148-90G(1) of this chapter (N.J.S.A. 40:55D-34) for 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 pursuant to N.J.S.A. 40:55D-32.
(3) Direction pursuant to §
148-90G(2) of this chapter (N.J.S.A. 40:55D-36) for issuance of a permit for a building or structure not related to a street.
I. Whenever relief is requested pursuant to this section,
notice of the hearing on the application for development shall include
reference to the request for a variance or direction for issuance
of a permit, as the case may be.
J. The developer may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval for
a subdivision, site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditioned upon grant of all required subsequent approvals by the
Planning Board. No such subsequent approval shall be granted unless
the 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 zoning provisions of this chapter.
Any decision of the Planning Board or the Zoning
Board of Adjustment when acting upon an application for development
and any decision of the Township Committee when acting upon an appeal
shall be given notice in the following manner:
A. A copy of the decision shall be mailed by the appropriate
Township authority within 10 days of the date of decision to the applicant
or appellant, or if represented, then to his attorney, without separate
charge. A copy of the decision shall also be mailed within 10 days
to any interested party who has requested it and who has paid the
fee prescribed by the Township authority for such service.
B. The Administrative Officer shall cause a brief notice
of every decision of the Planning Board, Zoning Board of Adjustment
or Township Committee, as the case may be, to be published in the
official newspaper of Readington Township, the cost of such publication
to be charged to the applicant's escrow account. Such notice shall
be sent to the official newspaper within 10 days of the date of the
decision.
C. A copy of the decision shall also be filed in the office of the Administrative Officer, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Township, as indicated in §
148-104 of this chapter.