A.Establishment. The Planning Board presently in existence pursuant to P.L. 1975, c. 291, and Ordinance No. 1624 is hereby continued to consist of nine members of the following four classes:
(1) Class I: the Mayor.
(2) Class fl: one of the officials of the Township other than a member of the Township Committee, to be appointed by the Mayor, provided that if, there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Toms River Regional Board of Education among the Class IV members or alternate members. [Amended 3-11-1980 by Ord. No. 1909]
(3) Class III: a member of the Township Committee, to be appointed by it.
(4) Class IV: six other citizens of the Township of Dover, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Toms River Regional Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there are among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
B. Terms.
(1) The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class 11 member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
(2) The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Toms River Regional Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
(3) The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four years after their appointment as determined by resolution of the Township Committee; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter all Class N members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
C. Conflicts. No member of the Planning Board shall be permitted to act on any matter which he has, either directly or indirectly, any personal or financial interest. In the event that the Planning Board shall lack a quorum of members eligible to act upon an application due to either direct or indirect personal or financial interests therein, regular members of the Board of Adjustment shall be called to serve as temporary members of the Planning Board, in order of seniority of continuous service to the Board of Adjustment, until there is a minimum number of members necessary to constitute a quorum to act upon the matter without any direct or indirect personal or financial interest therein. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice. [Amended 5-13-1992 by Ord. No. 2911-92]
D. Vacancies. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.
E. Removal. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Township Committee for cause.
F. Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary and Assistant Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
G. Planning Board Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint and fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.
H. Experts and staff. The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not exceed, however, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.
I. Powers and duties. The Planning 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. The Planning Board shall have the following powers and duties:
(1) To make and adopt and from time to time amend a Master Plan for the physical development of the municipality, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:5513-28.
(2) To administer site plan and land subdivision review in accordance with the provisions of this chapter and Article 6 of P.L. 1975, c. 291.
(3) To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.
(4) To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
(5) To consider and make report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the Township Committee pursuant to the provisions of N.J.S.A 40:55D-26b.
(6) To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(7) To assemble data on a continuing basis as part of a continuing planning process.
(8) To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the governing body pursuant to the provisions of N.J.S.A. 40:55D-29.
(9) When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(a) Variances, pursuant to N.J.S.A. 40:55D-70c, from lot area, dimensional, setback and yard requirements. [Amended 3-11-1980 by Ord. No. 1909]
(b) Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of permits for buildings or structures in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(c) Direction, pursuant to N.J.S.A. 40:55D-36, for issuance of permits for buildings or structures not related to a street.
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.
(10) To review of capital projects pursuant to N.J.S.A. 40:55C-31.
(11) To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the did and assistance of the Township Committee or other agencies or officers.
(12) The Township Committee may by ordinance provide for the reference of any matter or class of matters to the planning Board before final action thereon by a municipal body or municipal officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.
J. Time limits for approvals. [Amended 7-10-1979 by Ord. No. 186(1; 3-11-1980 by Ord. No. 1909; 6-11-1985 by Ord. No. 2329-85; 5-13-1992 by Ord. No. 2911-92]
(1) Minor subdivision.
(a) Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further period of time as may be consented to by the applicant.
(b) Approval of a minor subdivision shall expire 190 days from the date of adoption of the resolution of approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved minor subdivision if filed with the county recording officer, the Township Engineer and the Township Tax Assessor. Any such deed or plat shall be signed by the Chairman and Secretary of the Planning Board prior to acceptance for filing by the county recording officer.
(c) Effect of approval. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of adoption of the resolution of approval, provided that the approved minor subdivision shall have been duly recorded as provided herein.
(d) Extension of time for filing. The Planning Board may extend the one-hundred-ninety-day period for Fling a minor subdivision plat or deed pursuant to Subsection J(I)(b) above, if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued such approvals. Such extension shall be for a period of time equal to the period which the Planning Board finds that filing was delayed by the wait for the other approvals. The developer may apply for the extension either before or after what would otherwise be the date of expiration.
(e) Extension of approval. The Planning Board shall grant an extension to minor subdivision approval if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and the developer applied promptly for and diligently pursued these approvals. This period of extension shall be for a period of time not to exceed one year from what would otherwise be the expiration date. A developer shall apply for this extension before the later of what would otherwise be the date of expiration of minor subdivision approval or the lapse of 91 days from the date of the receipt by the developer of the last of the legally required approvals from other governmental entities.
(2) Minor site plans.
(a) Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
(b) Effect of minor site plan approval. Minor site plan approval shall confer upon the applicant the right that the general terms and conditions upon which minor site plan approval is granted shall not be changed for a period of two years.
(c) Extension of approval. The Planning Board shall grant an extension if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental agencies and that the developer applied promptly for and diligently pursued these approvals. This period of extension shall be for a period of time not to exceed one year from what would otherwise be the expiration date. A developer shall apply for this extension before the later of what would otherwise be the date of expiration or lapse of 91 days of the date of receipt by the developer of the last legally required approvals from the other governmental entities.
(3) Preliminary site plan approval. Upon the submission to the Administrative Officer of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a completed application for a site plan which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
(4) Preliminary major subdivision approval. Upon submission of a complete application to the Administrative Officer for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application to the Administrative Officer for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.
(5) Effect of preliminary approval.
(a) Preliminary approval of a major subdivision or of a site plan shall, except as otherwise provided herein, confer upon the applicant the following rights for a three-year period from the date of adoption of the resolution of preliminary approval:
[1] That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layouts and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements, and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
[2] That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
[3] That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards shall govern.
(b) In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection J(5)(a)[1], [2] and [3] above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern.
(c) Whenever the Planning Board grants an extension for preliminary approval pursuant to Subsection J(5)(a)[3] or (b) above, and preliminary approval has expired before the date of the grant of the extension, the extension shall revive preliminary approval and date from what was otherwise the date of expiration. The developer may apply for the extension either before or after what would otherwise be the date of expiration.
(d) The Planning Board shall grant an extension to preliminary approval if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from proceeding with development because of delays in obtaining legally required approvals from other governmental entities and the developer applied promptly for and diligently pursued these approvals. This period of extension shall be for not more than one year from what would otherwise be the expiration date. The developer shall apply for this extension before the later of what would otherwise be the date of expiration of preliminary approval or less than 91 days from the date of receipt by the developer of the last of the legally required approvals from other governmental entities. Any extension granted pursuant to this subsection shall not preclude the power of the Planning Board to grant extensions pursuant to Subsection J(5)(a)[3] and/or (b) of this section.
(6) Final approval.
(a) Application for final subdivision or site plan approval shall be granted or denied within 45 days of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
(b) Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly flied by the developer with the county recording office, the Township Engineer and the Township Tax Assessor. The Planning Board may, for good cause shown, extend the period for recording an additional period not to exceed 190 days from the date of the signing of the plat. The Planning Board may extend the ninety-five- or one-hundred-ninety-day period if' the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and the developer applied promptly for and diligently pursued these approvals. Such extension shall be equal to the period of delay caused by the wait for the required approvals as determined by the Planning Board, and the developer may apply for such extension either before or after the original expiration date.
(7) Effect of final approval.
(a) The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer at preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date of the adoption of the resolution of final approval, provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the developer has followed the standards prescribed for final approval and in the case of a subdivision, has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of P.L. 1975 c. 291, the granting of final approval terminates the time period of the rights conferred by preliminary approval for the section granted final approval.
(b) In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant rights for such period of time longer than two years as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(c) Whenever the Planning Board grants extension to final approval pursuant to Subsection J(7)(a) or (7)(b) above, and Final approval has expired before the date of the grant of the extension, the extension shall revive final approval and date from what was otherwise the date of expiration. The developer may apply for the extension before or after what would otherwise be the date of expiration.
(d) The Planning Board shall grant an extension to final approval if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and the developer applied promptly for and diligently pursued these approvals. This period of extension shall be for not more than one year from what would otherwise be the date of expiration of final approval. The developer shall apply for this extension before the later of what would otherwise be the date of expiration of final approval or the lapse of 91 days from the date of receipt by the developer of the last legally required approvals from other governmental entities. Any extension granted pursuant to this subsection shall not preclude the power of the Planning Board to grant extensions pursuant to Subsection J(7)(a) or (7)(b).
(e) Any application for extension of final approval shall be made in conformance with the notice requirements of N.J.S.A. 40:55D-12 and a public hearing shall be held thereon. At such public hearing the applicant shall have the burden of coming forward with reasons why the final approval shall be extended for the requested period of time or in case of an extension pursuant to Subsection J(7)(d) above, the developer's pursuit of other required approvals and the periods of time which the development was delayed by wait for other governmental approvals.
(8) Combined preliminary and final major subdivision or major site plan approval.
(a) An applicant may request and the Planning Board may consent to accept an application for development for combined preliminary and final major subdivision or major site plan approval, provided that:
[1] The proposed development is not to be constructed in sections or stages.
[21 The applicant pays the application fees and provides all submissions required for both preliminary and final applications.
[3] Any notice of hearing requirements applicable to the preliminary plat stage are complied with.
(b) Any approval granted by the Planning Board on such combined application shall confer upon the applicant all the rights set forth in this section for final approval.
(9) Conditional uses. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Administrative Officer or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use shall also include site plan review pursuant to Article VI of this chapter. The time period for approval of conditional uses by the Planning Board shall apply u. such site plan review.
(10) Review in lieu of Board of Adjustment. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60 and § 348-3.11(9) of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Applications for variances and conditional uses and/or directives for issuance of a building permit shall be heard by the Board in conjunction with the hearing on a minor subdivision, minor site plan, subdivision plat or site plan. The applicant may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. Separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approvals shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zoning Plan and Zoning Ordinances.
(11) Failure to act. Failure of the Planning Board 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 Planning Board 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.
K. Advisory Committee. The Mayor may appoint one or more persons as a Citizens' Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vole or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.
L. Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
M. Simultaneous review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.
N. Continuance of hearing. When any hearing before the Planning Board shall carry over one or more meetings, a member of the Board who was absent for one or more of the meetings 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 a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording. [Amended 3-11-1980 by Ord. No. 1909]
O. Pursuant to N.J.S.A. 40:55D-23.1, P.L. 1979, c. 216, there are hereby created the positions of two alternate members of the Planning Board, who shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members. The alternate members shall serve for terms of two years from the date of appointment; provided, however, that in the event that two alternate members are appointed initially, their initial terms shall be one and two years, respectively. Such alternate members shall be designated by the Mayor as "Alternate No. 1" and "Alternate No. 2." A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only. The alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any Class. A vole shall not be delayed in order that a regular member may vole 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. [Added 2-11-1980 by Ord. No. 1905; amended 3-11-1980 by Ord. No. 1909]
A. Establishment. The Zoning Board of Adjustment presently in existence pursuant to P.L. 1975, c. 291, and Ordinance No. 1624 is hereby continued. The Zoning Board of Adjustment shall consist of seven regular members and may have not more than two alternate members. Alternate members shall be designated at the time of appointment by the authority appointing them as "Alternate No. 1" and "Alternate No. 2." The terms of the members first appointed under this act 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. No member may hold any elective office or position under the municipality. 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 vole, Alternate No. 1 shall vote. [Amended 3-I1-1980 by Ord. No. 1909]
B. Terms. The members of the Board of Adjustment shall continue in office until their respective terms expire.
C. Conflicts. 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, and no member may hold elective office or position under the municipality. If the Board of Adjustment lacks a quorum because so many of its regular and alternate members are prohibited from acting on a matter due to their personal or financial interest therein, Class IV members of the planning Board shall be called upon to serve for this matter only as temporary members of the Board of Adjustment in order of seniority of continuous service to the planning Board until there are a minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, either direct or indirect If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice. [Amended 5-13-1992 by Ord. No. 2911-92]
D. Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only, as here and above provided.
E. Removal. A member may, after public hearing if he requests one, be removed by the Township Committee for cause.
F. Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary who may or may not be a Board member or another municipal employee.
G. Board of Adjustment Attorney. 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 Municipal Attorney.
H. Experts and staff. The Zoning Board of Adjustment may also 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 or grants, the amount appropriated by the Township Committee for its use.
I. Rules and regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.
J. Powers of Zoning Board of Adjustment. 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 an administrative officer based on or made in the enforcement of the Zoning Ordinance. [Amended 3-11-1985 by Ord. No. 1909; 6-11-1985 by Ord. No. 2329-85]
(a) Appeals to the Board of Adjustment may be taken by any interested party. Each appeal shall be taken within the 20 days prescribed by N.J.S.A. 40:55D-72 by filing a notice of appeal with the office from whom the appeal was taken, together with three copies of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds for said appeal. The officer 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) An appeal stays all proceedings in furtherance of the action in respect to 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 cases, 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.
(c) The Board of Adjustment may, in conformity with the provisions of P.L. 1975, c. 291, 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 administrative officer from whom the appeal was taken.
(2) Hear and decide requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which such board is authorized to pass by any Zoning or Official Map Ordinance in accordance with this Act. [Amended 6-11-1985 by Ord. No. 2329-85]
(3) General variances. [Amended 3-11-1980 by Ord. No. 1909; 6-11-1985 by Ord.
No. 2329-85]
(a) Where, by reason of exceptional narrowness, shallowness or shape of a specific 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 Article 8 of the Act would result in peculiar and 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.
(b) Where, in an application or appeal relating to a specific piece of property, the purposes of the Act would be advanced by a deviation from the zoning ordinance requirement and the benefit of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article 8 of the Act;'( provided, however, that no variance from those departures enumerated in Subsection J(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 Subsection 47a of the Act (N.J.S.A. 40:55D-60a).
(4)Additional variances. [Amended 3-11-1980 by Ord. No. 1909; 6-11-1985 by Ord. No. 2329-85]
(a) In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article 8 of the Act to permit:
[1] A use or principal structure in a district restricted against such use or principal structure.
[2] An expansion of a nonconforming use.
[3] Deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use.
[4] An increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4).
[5] An increase in the permitted density as defined in Section 3.1 of P.L. 1975, c. 291 (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. A variance under this subsection shall be granted only by affirmative vote of at least five members, in the case of a municipal board, or 2/3 of the full authorized membership, in the case of a regional board pursuant to Article 10 of the Act.
[6] Height of a principal structure which exceeds by the greater of 10 feet or 10% the maximum height permitted in the zone district for a principal structure. [Added 5-13-1992 by Ord. No. 2911-92]
(b) No variance or other relief may be granted under the terms of this section 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 ordinances. In respect of any airport hazard areas delineated under the Air Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under tile terms of this section permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act except upon issuance of a permit by the Commissioner of Transportation. An application under this section 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.
(5)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 drainage way, flood control basin or public area reserved on the Official Map, except if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit. [Amended 5-13-1992 by Ord. No. 2911-92]
(6)Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street except if the proposed development requires approval by Planning Board of a subdivision, site plan or conditional use in conjunction with the Planning Board has power to direct the issuance of a permit [Amended 5-13-1992 by Ord. No. 2911-92]
K. Referral, The Board of Adjustment may, at its option, refer an application 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. [Amended 6-11-1985 by Ord. No. 2329-85]
L. Time for decision. The Board of Adjustment shall render its decision not later than 120 days after the date that an appeal is taken from the decision of a municipal officer or of the submission of a complete application for development to the Administrative Officer. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the applicant for approval of the variance. The period for granting or denying any subsequent approval shall be otherwise provided in this act. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to 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. [Amended 3-11-1980 by Ord. No. 1909]
M. Appeal to the governing body. Any interested party may appeal to the Township Committee any final decision of the Board of Adjustment approving an application for development subject to Article III, § 348-3.2J(4), of this chapter, pursuant to the provisions of N.J.S.A. 40:5513-17. An affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse or remand to the Board of Adjustment or to impose or alter conditions to any final action of the Board of Adjustment. Otherwise, the final action of the Board of Adjustment shall be deemed to be affirmed; a tie vote of the governing body shall constitute affirmation of the decision of the Board of Adjustment. [Amended 2-23-1988 by Ord. No. 2548-88; 5-13-1992 by Ord. No. 2911-92]
N. Expiration of variance. Any variance hereafter granted by the Board of 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 said variance, or unless such development has actually been commenced, within a time period specified by the Board of Adjustment from the date of publication of the notice 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 Committee, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding. Where subdivision or site plan approval is required, the period of time for commencement of the development specified by the Board of Adjustment shall be the same as the period of time for which other rights are conferred upon the applicant by such subdivision or site plan approval pursuant to the provisions of this chapter.
