A. A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven regular members and two alternate members, who are residents of Springfield Township, appointed by the Township Council. Alternate members shall be designated by the Township Council at the time of appointment as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in discussions of the proceedings but may not vote except in 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.

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

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, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years, and the term of each alternate member shall be two years.

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

A.member, after public hearing if the member requests it, may be removed for cause by the Township Council.

The Zoning Board of Adjustment shall elect a Chairperson and Vice Chairperson from its members and shall also select a secretary, who may or may not be a member of the Board or a Township employee.

There is hereby created the office of attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may employ or contract for legal counsel, provided that the Zoning Board of Adjustment may not employ the same attorney as retained by the Township Council. The Zoning Board of Adjustment may fix or agree upon the compensation of such attorney in an amount not exceeding the amount appropriated by Township Council for such purpose.

The Zoning Board of Adjustment may 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 and grants, the amount appropriated by the Township Council for its use.

The Zoning Board of Adjustment shall have the following powers and duties:

A. Hear and decide appeals where it is alleged by the appellant that there is error in any order, decision or refusal made by an administrative officer based on or made in the enforcement of the zoning ordinance pursuant to N.J.S.A. 40:55D-70(a).

B. Hear and decide requests for interpretation of the Zoning Map or Chapter 215, Zoning, or for decisions upon other special questions upon which the Board is authorized to pass by Chapter 215, Zoning, or Official Map Ordinance.

C. Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographical 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 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer or 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.

D. Where, in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law, the land development chapters of this Code or the Master Plan would be advanced by a deviation from the requirements of Chapter 215, Zoning, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such regulations pursuant to N.J.S.A. 40:55D-62 et seq., provided, however, that no variance from those departures enumerated in Subsection E 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 the power to review a request for a variance pursuant to N.J.S.A. 40:55D-60.

E. Variances.

(1) In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 et seq., to permit:

(a) A use or principal structure in a district restricted against such use or principal structure.

(b) An expansion of a nonconforming use.

(c) Deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use.

(d) An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4.

(e) An increase in the permitted density, as defined in N.J.S.A. 40:55D-4, 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.

(f) A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.

(2) A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.

(3) If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection E of this section, the decision on the requested variance or variances shall be rendered under Subsection D of this section.

F. No variance or other relief may be granted under the terms of Subsections A through E above, 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. An application under this subsection may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the time period within which the Zoning Board of Adjustment shall act.

G. Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-34, for a building or structure in the bed of any street or public drainageway, flood control basin or public area reserved on the Official Map.

H. Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for a building or structure not related to a street.

I. Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivisions 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. 40:55D-67, whenever the Zoning Board of Adjustment is reviewing an application for approval pursuant to Subsection E of this section. 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 grant of all required subsequent approvals by the Zoning 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 substantial impairment of the intent and purpose of the zone plan and Chapter 215, Zoning. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this Code for the approval in question and the special vote pursuant to Subsection E of this section shall not be required.

(1) Whenever an applicant for development requests relief pursuant to this subsection, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by the developer of a complete application to the administrative officer, 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 Code. Failure of the Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Zoning Board of Adjustment to act shall be issued upon request of the applicant. Such certificate 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 of the purpose of filing subdivision plats.

(2) Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or in the case of a site plan, the Township Zoning Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.

(3) An application under this subsection may be referred to any appropriate person or agency for its report, provided that such referral shall not extend the period of time within which the Zoning Board of Adjustment shall act.

J. Issuance of a certificate memorializing the nonconforming use as a preexisting use, not subject to particular zoning regulations, upon application of any prospective purchase, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists. Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof. The applicant shall have the burden of proof. Applications pursuant hereto may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming, or at any time to the Zoning Board of Adjustment. The Zoning Officer shall be entitled to demand and receive for such certificate issued by him/her a reasonable fee as set forth in Chapter 91, Fees, of this Code. Fees so collected shall be paid over to the Township Treasurer. Denial by the Zoning Officer shall be appealable to the Zoning Board of Adjustment, subject to the procedures for appeal outlined in § 18-20.

K. The Board may adopt such rules and regulation as it may deem necessary to carry into effect the provisions and purposes of the Municipal Land Use Law, these land development chapters and the Master Plan, including the issuance of subpoenas, the administration of oaths and the taking of testimony.

A. Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of a Township official based on or made in the enforcement of Chapter 215, Zoning, or the Official Map. Such appeal shall be taken within 20 days of filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of such notice with the secretary of the Zoning Board of Adjustment. The notice of appeal shall specify 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. Fifteen copies of an application for the exercise of the Zoning Board of Adjustment's powers pursuant to § 18-19C through I shall be filed with the secretary of the Zoning Board of Adjustment. [Amended 2-12-2003 by Ord. No. 2003-2]

C. No later than the 15th day of the month prior to the month of the next meeting the applicant shall file with the secretary of the Zoning Board of Adjustment a completed application, all relevant plot plans, maps, or other papers. The applicant shall obtain all necessary forms from the secretary. The secretary of the Board shall inform the applicant or appellant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board. [Amended 2-12-2003 by Ord. No. 2003-2]

D. An appeal to the Zoning 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 Zoning Board of Adjustment, after the notice of appeal shall have been filed with him/her, that, by reason of facts stated in the certificate, a stay would, in his/her 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 good cause shown.

E. The Zoning 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, have all the powers of the administrative officer from whom the appeal is taken.

Any variance from the terms of Chapter 215, Zoning, granted by the Zoning Board of Adjustment permitting the erection or alteration of the structure or structures or a specified use of any premises shall expire, unless such construction, alteration or use shall have been actually commenced on or in each and every structure permitted by such variance within six months from the date of the authorization by the Board, except, however, that the running of this period shall be tolled from the date of filing an appeal from the decision of the Board to the Township Council or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceedings.

A. The Zoning 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) The submission of a complete application for development to the Board.

B. Failure of the Board to render a decision within such one-hundred-twenty-day period, or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant. In the event that the Board fails to render a decision on a complete application for development, the secretary of the Board shall issue a certificate so stating, upon request of the applicant. Such certificate shall be sufficient, in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the County Clerk for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Zoning Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.