There is hereby established pursuant to the Municipal Land Use Law, in the Township of Wayne, a Board of Adjustment consisting of seven (7) regular members and four (4) alternate members appointed by the Municipal Council. Alternate members shall be designated by the Council as "Alternate No 1", "Alternate No 2", "Alternate No 3" and "Alternate No 4 and " shall serve in rotation in the absence or disqualification of any regular member or members

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 57-2006

A.The terms of the regular members shall be for four (4) years commencing 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 Thereafter the term of each member shall be for four (4) years Nothing in this section shall, however, be construed to affect the terms of any present members of the Board of Adjustment, all of whom shall continue in office until the completion of the terms for which they were appointed

B.The term of the alternate members shall be for two (2) years commencing January 1 of the year of their appointment. The terms of not more than two Alternate members shall expire in any one year. The initial term of Alternate #3 shall be for two (2) years retroactive to January 1 of the year of his/ her appointment. The initial term of Alternate #4 shall be for one (1)year commencing January 1 of the year of his/ her appointment. Thereafter, the terms of Alternate #3 and Alternate #4 shall be for (2) years.

**Webmasters Note: The previous subsection (B) has been amended as per Ordinance No. 57- 2006

C.No member or alternate member of the Board of Adjustment may hold any elective office or position under the municipality

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

The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary who may or may riot be either a Board member or municipal employee

There shall be an office of Attorney to the Board of Adjustment. The Attorney to the Board of Adjustment shall be an attorney, other than the Municipal Attorney, whose term of office shall be for one (1) year commencing January 1 Appointment to this office made after January I shall be limited to the calendar year The Board may employ the services of an Attorney and pay such compensation as may be fixed by such Board, subject to the approval of the Council

The Board of Adjustment may also employ or contract for and fix the compensation of 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 Municipal Council for its use

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.

A.The powers of the 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 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 the zoning regulations or any term, clause, sentence or word thereof and the Zoning Map, in accordance with the general rules of construction applicable to legislative enactments.

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 rule 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 unposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in said Municipal Land Use Law, 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

A. Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the Zoning Officer or Building Official of the municipality based on or made in the enforcement of the zoning regulations or Official Map, respectively Such 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 said notice, with the Secretary of the Board of Adjustment Said notice of appeal shall specify the grounds for such 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. [Amended 7-7-82 by Ord. No 42-1982]

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 an administrative officer.

C. 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 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

D. A corporation or partnership applying for a variance to construct a multiple Dwelling of twenty-five (25) or more family units shall list the names and addresses of all stockholders or individual partners owning at least ten percent (10%) of its stock of any class or at least ten percent (10 %) of the interest in the partnership, as the case may be [Added 7-7-82 by Ord No. 42-1982]

E. If a corporation or partnership owns ten percent (10%) or more of the stock of a corporation, or ten percent or greater interest in a partnership subject to disclosure pursuant to § 134-28D, that corporation or partnership shall list the names and addresses of its stockholders holding ten percent (10%) or more of its stock or of ten percent or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent-ownership criterion established in this Act have been listed [Added 77-82 by Ord. No 42-1982]

F.The municipal agency shall not approve the application of any corporation or partnership which does not comply with this Act [Added 7-7-82 by Ord. No. 42-1982]

G. Any corporation or partnership which conceals the names of the stockholders owning ten percent (10%) or more of its stock or of the individual partners owning a ten percent or greater interest in the partnership, as the case may be, shall be subject to a fine of one thousand dollars ($1,000 to ten thousand dollars ($10,000 ) [Added 7-7-82 by Ord No 42-1982]

Any variance from the terms of this chapter 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 permitted use has actually been commenced, within one (1) year 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 Municipal Council or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding, except further, in the case of a variance which also involves a subdivision or site plan approval, the variance shall extend for the full period of preliminary or final approval or any extension thereof pursuant to the Municipal Land Use Law

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 the Zoning Officer based on or made in the enforcement of the zoning regulations

B. 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 by the zoning regulations to pass

C. Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or 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 the zoning regulations would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship, upon the owner of such property, grant, upon an application or an appeal relating to such property, EL variance from such strict application so as to relieve such difficulties or hardship, including a variance for a conditional use, provided, however, that no variance shall be granted under this subsection 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 Section 47a of the Municipal Land Use Law' [Amended 7-7-82 by Ord. No. 42-1982]

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 five (5) members of the full authorized membership of the Board [Amended 7-7-82 by Ord. No. 42-1982]

E. No variance or other relief may be granted under the provisions 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 regulations Any application under any subsection of this section 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 Board of Adjustment shall act.

The Board of Adjustment shall, in addition to the powers specified in § 134-31 of this Article, have power given by law to

A.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, but only by an affirmative vote of a majority of the full authorized membership of the Board.

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

C.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 Article 6 of the Municipal Land Use Law, or conditional use approval pursuant to N J S A 40 55D-67, whenever the Board is reviewing an application for approval of a use variance pursuant to § 134-31 of this chapter Pursuant to N J S A 40 55D-76, the applicant may elect to submit a separate application requesting approval of the use variance prior to submitting the necessary applications for subdivision, site plan or conditional use approval where the latter applications are necessary in conjunction with said use variance [Amended 7-7-82 by Ord No 42-1982]

A.The Board of Adjustment shall render its decision not later than one hundred twenty (120) days after the date an appeal is taken from the decision of an administrative officer or not later than one hundred twenty (120) days after the date of the submission of a complete application for development to the Board pursuant to the provisions of N.JSA 40 55D-72b In the event that the applicant 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 the approval for the subsequent application shall be as otherwise provided in this chapter [Amended 7-7-82 by Ord No 42-1982]

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