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 Borough of Barnegat Light each to be appointed by the Council
to serve for terms of four years from January 1 of the year of their
appointment.
B.
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 Part 1 shall, however, be construed
to affect the term of any present members of the Zoning Board of Adjustment,
all of whom shall continue in office until the completion of the term
for which they were appointed.
C.
No member of the Zoning Board of Adjustment may hold
any elective office or position under the municipality.
D.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
[Added 9-22-1983 by Ord. No. 83-1; amended 7-16-1997 by Ord. No.
97-8]
Pursuant to the terms of N.J.S.A. 40:55D-69,
the Council shall appoint two alternate members to the Zoning Board
of Adjustment who shall be designated by the Council 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; provided, however,
that upon the initial appointment of the two alternate members, one
such alternate member shall be, for the term of his or her initial
appointment only, appointed for a one-year term.
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 and 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 Part 1. 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.
[Added 7-16-1997 by Ord. No. 97-8]
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 Chairman of the Planning Board shall make the choice.
B.
It is further the intent of this Part 1 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 Part 1, 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 Part 1 in accordance with the general or specific rules contained herein and with the general rules hereby laid down so that equity shall be done in cases where the strict construction of the provisions of this Part 1 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 by, or by an officer, department, board or bureau
of the municipality 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 seven copies of said notice
with the Borough Clerk. 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 the papers constituting the record upon
which the action appealed from was taken.
[Amended 7-16-1997 by Ord. No. 97-8]
B.
Applications addressed to the original jurisdiction
of the Board of Adjustment without prior application to an administrative
officer shall be filed with the Borough Clerk of the Borough of Barnegat
Light. Seven 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 Part 1 or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the Borough Clerk. The Borough
Clerk shall inform the applicant of the steps to be taken to initiate
proceedings 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 P.L.
1975, c. 291, or amendments thereto[1] 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 Part 1 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.
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 official or agency based on or made in the enforcement of Chapter 215, 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 by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in Chapter 215, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application 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 variance pursuant to Section 47a of the Municipal Land Use Law of 1975, Chapter 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-60.
(4)
Grant a variance to allow a structure or use in a
district restricted against such structure or use in particular cases
and for special reasons, but only by the affirmative vote of at least
2/3 of the full authorized membership 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 Chapter 215, Zoning.
C.
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 § 21-22 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 Article 6 of
P.L. 1975, c. 291,[1] or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval for a use variance pursuant to § 21-22A(4) of this Part 1.
[1]
Editor's Note: See N.J.S.A. 40:55D-37 et seq.
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-76b.
[Amended 7-16-1997 by Ord. No. 97-8]
B.
Failure of the Board to render a decision within such
one-hundred-day period or within such further time as may be consented
to by the applicant shall constitute a decision favorable to the applicant.
