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]
(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.
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.
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.
