a. A Zoning Board of Adjustment is hereby established, pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven (7) residents of the Township appointed by the Township Council to serve for terms of four (4) years from January 1 of the year of their appointment. 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 (4) years after their appointment, provided that the initial terms of no member shall exceed four (4) years. Thereafter the term of each member shall be for four (4) years. Nothing in this Chapter shall, however, be construed to affect the terms 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.

b. No member of the Zoning Board of Adjustment may hold any elective office or position in the Township.

c. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

d. There shall also be appointed two (2) alternate members. Alternate members shall be designated by the Chairman Alternate No. 1 and Alternate No. 2 and shall serve in rotation during the absence or disqualification of any regular member or members. The term of each alternate shall be two (2) years. The initial terms of alternates shall be one (1) and two (2) years, respectively. (Ord. #587; Ord. #643; 1976 Code § 37-13)

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 Township employee. (Ord. #587; Ord. #643; 1976 Code § 37-14)

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 Township Attorney. (Ord. #587; Ord. #643; 1976 Code § 37-15)

The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and authorize expenditures which shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Council. (Ord. #587; Ord. #643; 1976 Code § 37-16)

The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this Chapter. 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. (Ord. #587; Ord. #643; 1976 Code § 37-17)

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, but 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, in accordance with the general rules of construction, applicable to legislative enactment's.

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 N.J.S.A. 40:55D-1 et seq. 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. (Ord. #587; Ord. #643; 1976 Code §37-18)

a. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the Township affected by any decision of the administrative officer. Each appeal shall be taken within twenty (20) days by filing a notice of appeal with the officer from whom the appeal was taken, together with three (3) copies of the notice with the Secretary of the Board of Adjustment. 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 the papers constituting the record upon which the action appealed from was taken.

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 (3) copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than ten (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 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. (Ord. #587; Ord. #643; 1976 Code §37-19; Ord. #1313, §7)

In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq. 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, #643; 1976 Code §37-20)

Any variance from the 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 the variance, or unless such permitted use has actually been commenced, within two (2) years 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 Township Council or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding. (Ord. #587; Ord. #643; 1976 Code §3721)

The Board of Adjustment shall have such powers as are granted by law to:

a. 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 XXIV, Zoning. If, in the case of an appeal made pursuant to this paragraph a., the Board of Adjustment determines there is an error in any order, requirement, decision or refusal made by the administrative officer pursuant to a report submitted by the Historic Preservation Commission, then the Board of Adjustment shall include the reasons for its determination in the findings of its decision thereon.

b. Hear and decide requests for interpretation of the maps or Chapter XXIV, Zoning, or for decisions upon other special questions upon which such Board is authorized by Chapter XXIV, Zoning, to pass.

c. Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, 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 XXIV, Zoning, would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, to 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 paragraph 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 a variance, pursuant to N.J.S.A. 40:55D-60a.

d. 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 two-thirds (2/3) of the full authorized membership of the Board.

e. No variance or other relief may be granted under the provisions of this subsection 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 XXIV, Zoning. Any application under any paragraph 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. (Ord. #587; Ord. #643; 1976 Code §37-22; Ord. #1313, §8)

a. The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 21-2.10 of this section, have the 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. with the County Planning Board as required by law. The Clerk shall also file with the County Planning Board copies of all other ordinances of the Municipality relating to land use, such as the Subdivision, Zoning and Site Plan Review Ordinances. (Ord. #587; Ord. #643; 1976 Code §37-43)

**Webmasters Note: The previous 12-2.6 through 12.2.11 is current as per Supplement No. 9.

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 N.J.S.A. 40:55D-37 et seq., or conditional use approval, pursuant to N.J.S.A. 40:55D67, whenever the Board is reviewing an application for approval of a use variance pursuant to subsection 212.10, paragraph d. (Ord. #587; Ord. #643; 1976 Code § 37-23)

a. The Board of Adjustment shall render its decision not later than one hundred twenty (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, pursuant to the provisions of N.J.S.A. 40:55D-70b.

b. Failure of the Board to render a decision within such one-hundred-twenty (120) day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant. (Ord. #587; Ord. #643; 1976 Code § 37-24)