[Ord. #585, § 302B]
The Zoning Board of Adjustment shall elect a Chairman and Vice Chairman from among its regular members and shall also select a Secretary who may be either a Board member or a municipal employee.
[Ord. #585, § 302C]
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 for the Zoning Board of Adjustment Attorney, who shall be an Attorney other than the Township Attorney.
[Ord. #585, § 302D]
The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and 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.
[Ord. #585, § 302E]
The Zoning Board of Adjustment shall make available to the Environmental Commission for its review and comment an informational copy of every development plan submitted to the Zoning Board of Adjustment. Failure of the Zoning Board of Adjustment to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[Ord. #585, § 302F]
The Board shall adopt such rules and regulations as may be necessary to effectuate the provisions and purposes of this chapter. The rules and regulations shall provide that the Board review, on the record, the reports and recommendations of each municipal officer or agency with respect to each development plan referred to them by the terms of this chapter.
[Ord. #585, § 302G]
Whenever the Zoning Board of Adjustment is reviewing an application for approval of a development plan and/or a conditional use in connection with a variance pursuant to Subsection 21-5.11, paragraph d of this chapter, it shall follow the same procedures required of the Planning Board by the terms of this chapter, unless otherwise specified.
[Ord. #585, § 302H]
Applications addressed to the original jurisdiction of the Zoning Board of Adjustment without prior application to the Construction Code Enforcement Official and Zoning Enforcement Officer shall be filed with the Board Secretary. Three copies of the application shall be filed after the fifteenth day of the calendar month preceding the regularly scheduled monthly meeting of the Board, but not later than the first day of the calendar month in which such meeting is to be held. At the time of filing the application, the applicant shall also file all plans, maps or other papers required by virtue of any provisions of this chapter. The applicant shall obtain all necessary forms from the Board Secretary who shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
[Ord. #1429, 5-29-2001, amended]
Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved, or by any officer, department, Board or bureau of the municipality affected by any decision of the Construction Code Enforcement Official and Zoning Enforcement Officer made in the enforcement of this chapter or the Official Map. 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 the notice with the Board Secretary. The notice of appeal shall specify the grounds for appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
[Ord. #1429, 5-29-2001, amended]
An appeal to the Zoning Board of Adjustment stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whose action the appeal is taken certifies to the Zoning 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 other than by order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.
[Ord. #585, § 302I]
In exercising the above mentioned power, the Zoning Board of Adjustment may 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 officer from whose decision the appeal was taken.
[Ord. #585, § 302J; Ord. #1644, 6-24-2003, amended; Ord. #1804, 8-9-2005, amended; Ord. #2241, 9-24-2013, amended]
[Ord. #585, 302K; Ord. #700, §§ 5-6]
The Zoning Board of Adjustment shall have the power to:
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 the zoning regulations of this chapter.
Hear and decide requests for interpretations of the Zoning Map or zoning regulations of this chapter, or for decisions upon other special questions as authorized by this chapter.
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 any zoning regulations 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;
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 requirements of this chapter and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from zoning regulations of this chapter; provided however, that no variance from those departures enumerated in Paragraph d of this subsection shall be granted under this paragraph; 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 Subsection 21-4.7, paragraph f of this chapter.
[Ord. #1429, 5-29-2001, amended]
In particular cases and for special reasons, grant a variance to allow departure from zoning regulations 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 pursuant to Section 21-12 of this chapter pertaining solely to a conditional use.
An increase in the permitted floor area ratio as defined in Section 21-3 of this chapter.
An increase in the permitted density as defined in Section 21-3 of this chapter 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 of the Board of Adjustment.
[Ord. #585, § 302L; Ord. #700, § 7]
The Zoning Board of Adjustment shall, in addition to the powers specified in Subsection 21-5.11 of this chapter, have the power given by law to:
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.
Direct issuance of a permit for a building or structure not related to a street.
Grant, to the same extent and subject to the same restrictions as the Planning Board, development plan and/or conditional use approval whenever the Board is reviewing an application for approval of a variance pursuant to Subsection 21-5.11, paragraph d of this chapter; provided, however, that the exercise of this power shall be limited to that lot (or lots) for which a variance is requested, upon which a proposed variant use, structure or condition is to be situated. Whenever the Zoning Board of Adjustment shall exercise this power, it shall follow the same procedures required of the Planning Board by the terms of this chapter.
[Ord. #585, § 302M]
The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a development plan and/or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approval by the Zoning Board of Adjustment, and no such subsequent approval(s) shall be granted unless such approval(s) 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 requirements of this chapter. The number of votes required to grant any such subsequent approval(s) shall be as provided in this chapter for approvals by the Planning Board.