A. 
Pursuant to P.L. 1975, c. 291,[1] there is hereby established a Zoning Board of Adjustment consisting of seven regular members, which may have not more than two alternate members. No regular or alternate member shall hold any elective office or position under the municipality.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Members of the Board shall be appointed by the Mayor. The terms of the members initially appointed shall run from January 1 preceding the date of appointment, with the terms of the regular members distributed as follows: one member for one year, two members for two years, two members for three years and two members for four years. Thereafter, the term of each member shall be four years. Alternate members shall be designated at the time of appointment by the Mayor appointing them as "Alternate No. 1" and "Alternate No. 2." The terms of alternate members shall be distributed evenly over the first two years after their appointment, provided that the initial term of no alternate member shall exceed two years. Thereafter, the term of each alternate member shall be two years.
C. 
No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
D. 
A member may, after public hearing if he requests it, be removed by the governing body for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
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.
The Zoning Board of Adjustment is authorized to adopt bylaws and other rules and regulations governing its procedural operation, which bylaws, rules and regulations shall be consistent with the provisions of this chapter and P.L. 1975, c. 291. The Board shall elect a Chairman and Vice Chairman from its members and select a Secretary, who may or may not be a member of the Board of Adjustment or a municipal employee.
A. 
The Board of Adjustment shall have the power 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 any municipal building or zoning official based on or made in the enforcement of the zoning regulations.
(2) 
Hear and decide requests for interpretation of the Zoning Map or zoning regulations or for decisions upon other special questions upon which such Board is authorized to pass by any zoning regulations or Official Map in accordance with this chapter.
[Amended 7-23-1984 by Ord. No. 245-84]
(3) 
Variances for exceptional conditions or to advance provisions.
[Amended 7-23-1984 by Ord. No. 245-84]
(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 zoning regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon application or appeal relating to such property, a variance from such 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 chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant variance to allow departure from regulations pursuant to Part 7 of this chapter; provided, however, that no variance from those departures enumerated in Subsection A(4) of this section 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 § 165-17D(1) of this chapter.
(4) 
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Part 7 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 Article XVIII pertaining solely to a conditional use, an increase in the permitted floor area ratio and an increase in the permitted density 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.
[Amended 7-23-1984 by Ord. No. 245-84]
(5) 
Give direction pursuant to Section 25 of P.L. 1975, c. 291,[1] 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 on an Official Map.
[1]
Editor's Note: See N.J.S.A. 40:55D-34.
(6) 
Give direction pursuant to Section 27 of P.L. 1975, c. 291,[2] for issuance of a permit for a building or structure not related to a street.
[2]
Editor's Note: See N.J.S.A. 40:55D-36.
(7) 
To grant, to the same extent and subject to the same restriction as the Planning Board, subdivision or site plan approval pursuant to Part 6 or conditional use approval pursuant to § 165-17C, whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to Subsection A(4) hereof. 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 a substantial impairment of the intent and purpose of the zone plan and zoning regulations. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid Subsection A(4) shall not be required.
B. 
No variance or other relief may be granted under the terms of Subsection A(1) through (4) hereof 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 regulations.
A. 
The governing body shall make provision in its budget and appropriate funds for the expenses of the Board of Adjustment.
B. 
The Board of Adjustment may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorney, and experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
A. 
Appeals to the Board of Adjustment may be taken by an interested party affected by any decision of any municipal building or zoning official based on or made in the enforcement of the zoning regulations or an Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal is taken, specifying the grounds of such appeal. The official from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B. 
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to any municipal building or zoning official.
C. 
Whenever an application for development requests relief pursuant to § 165-26A(7), the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Board 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 provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Secretary of the Board as to the failure of the Board of Adjustment to act shall be issued on the request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
D. 
Inquiries as to whether a proposed land use is permissible under the zoning regulations or Official Zoning Map shall be submitted in writing to the Board of Adjustment, which shall issue a written response within 45 days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.
A. 
The Board of Adjustment shall render a decision not later than 120 days after the date:
(1) 
An appeal is taken from the decision of an administrative officer; or
(2) 
Of the submission of a complete application for development to the Board of Adjustment pursuant to § 165-28 of this chapter.
B. 
Failure of the Board to render a decision within such period of 120 days or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
C. 
Whenever an application for development requests relief pursuant to § 165-26A(7), the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Board, or within such further time as may be consented to by the applicant. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Secretary of the Board 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 herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end shall have all the powers of the administrative officer from whom the appeal is taken.
An appeal to the Board of Adjustment shall stay 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 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 an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40: 27-6.6), in the case of a site plan, the Board of Adjustment shall condition any approval that it grants upon the timely receipt of a favorable report on the application by the County Planning Board or upon approval by the County Planning Board by its failure to report thereon within the required time.
[Amended 7-23-1984 by Ord. 245-84]
An application under this article may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
A member of the Board of Adjustment who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he has read such transcript or has listened to such recording.
Any exception or variation from this chapter granted by the Board to an applicant shall expire if no construction, alteration or conversion has been commenced within one year from the date of granting such variation or exception, unless otherwise provided in the resolution of the Board granting the exception or variation.