[Added 12-29-1986 by Ord. No. 234[1]]
Any reference contained herein to a Zoning Board of Adjustment shall refer to the Planning Board, pursuant to N.J.S.A. 40:55D-25c.
[1]
Editor's Note: This ordinance also repealed former §§ 18-13, Board established; composition; terms, amended 1-14-80; 18-14, Officers; 18-15, Board of Adjustment Attorney: 18-76, Employment of experts and staff; and 18-17. Adoption of rules and regulations.
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, 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,[1] in accordance with the general rules of construction, applicable to legislative enactments.
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
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 Chapter 291 of the Laws of 1975,[2] 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.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the borough affected by any decision of the administrative officer. Each 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 was taken, together with three copies of such notice with the Secretary of the 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.
[Amended 1-14-1980]
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. 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 Board of Adjustment. The applicant shall obtain all the 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 provisions of Chapter 291 of the Laws of 1975[1] or amendments thereto or subsequent statutes applying, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and make such other 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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 nine 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.
[Amended 1-14-1980; 12-29-1986 by Ord. No. 234]
A. 
The Board of Adjustment shall have such powers as are granted by law 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 Chapter.[1]
[1]
Editor's Note: See Ch. 134, Zoning.
(2) 
Hear and decide requests for interpretation of the map or Zoning Chapter or for decisions upon other special questions upon which the Board is authorized to pass by provisions in the Zoning Chapter.
(3) 
Variances.
(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 pursuant to the Zoning 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 the 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 act 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 such regulations of the Zoning Chapter; provided, however, that no variance from those departures enumerated in 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 N.J.S.A. 40:55D-60a of the Municipal Land Use Law.
(4) 
In particular cases and for special reasons, grant a variance to allow departure from regulations set forth in the Zoning Chapter 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, in which event applications would be made pursuant to Subsection A(3) above. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.
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 Zone Plan and Zoning Chapter. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, N.J.S.A. 6:1-80 et seq., no variance or other relief may be granted under the terms of this section 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 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.
[Amended 1-14-1980]
The Zoning Board of Adjustment shall, in addition to the powers specified in § 18-22 of this chapter, have power given by law 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 in the Official Map; direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street; and 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 et seq. 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 Subsection d of § 57 of the Municipal Land Use Law (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 grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approvals 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.[1] The number of votes of Board members required to grant any such subsequent approvals shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid Subsection d of § 57 (N.J.S.A. 40:55D-70d) shall not be required.
[1]
Editor's Note: See Ch. 131, Zoning.
[Amended 1-14-1980]
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 date of certification of completeness of an application for development to the Board of Adjustment. The Board or administrative officer authorized by the Board to review and certify applications shall certify the completeness of any application within 45 days from the date the application is filed with the Borough Clerk or otherwise the application shall be deemed to be complete and shall immediately be so certified.
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.
C. 
In the event that the developer elects to submit separate consecutive applications for a use variance and site plan review respectively, the one-hundred-twenty-day provision shall apply to the application for approval of the variance; but the period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.