A. ESTABLISHMENT AND COMPOSITION
(1) A Zoning Board of Adjustment is hereby established pursuant to C.40:55D-69 et seq. consisting of seven (7) residents of the Township of Franklin appointed by the Township Council to serve for terms of four years. 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 years after their appointment; provided that the initial term of no member shall exceed four years. Thereafter, the terms of each member shall be for four years. Nothing in this ordinance shall, however, be construed to effect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.
(2) There shall also be appointed to the Zoning Board of Adjustment two alternate members who shall be designed by the Township Council as Alternate No. 1 and Alternate No. 2. Each alternate shall serve in rotation during the absence or disqualification of any regular member or members. The term of each alternate member shall be two years.
(3) No member of the Zoning Board may hold any elective office or position under the municipality.
B. REMOVAL AND VACANCIES
The members of said Board may be removed for cause upon written charges and after a public hearing by the Governing Body. Any vacancy on said Board shall be filled for the unexpired term of the member whose term shall become vacant.
C. OFFICERS
The Board of Adjustment shall elect a chairman and vice chairman from the Board members and shall also select a secretary who may or may not be a Board member or another municipal employee.
D. BOARD OF ADJUSTMENT ATTORNEY
There is hereby crated the off ice of attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall Annually appoint, 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.
E. 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, grants or escrow fees, the amount appropriated by the Township Council for its use.
F. 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 ordinance. 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. 2A:67A-1 et seq.) shall apply.
G. POWERS OF THE ZONING BOARD OF ADJUSTMENT
(1) The powers of the Zoning Board of Adjustment shall be in accordance with C.40:55D-69 et seq and amendments and supplements thereto, and with the provisions of this ordinance.
(2) It is further the intent of this ordinance to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, 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 ordinance, or any term, clause, sentence or word hereby, and the zoning map, in accordance with the general rules of construction applicable to legislative enactments.
(3) The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this ordinance in accordance with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this ordinance 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 said C. 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, copy of its rules and information as to how appeals or applications may properly be filed with the board for its decision.
H. APPEALS AND APPLICATIONS
(1) Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an Administrative Officer. Each appeal shall be taken within the twenty (20) days prescribed by the statute by filing a Notice of Appeal with the officer from whom the appeal was taken, together with three (3) copies of such 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 forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken. (Amended 12/13/88 by Ordinance #1445).
(2) 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 copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than ten days prior to the date set for hearing, the applicant shall also file all plat plans, map or other papers required by virtue of any provision of this ordinance 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.
(3) 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 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.
1. POWER TO REVERSE OR MODIFY DECISIONS
In exercising the above mentioned power, the Board of Adjustment may, in conformity with the provisions of C. 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, and to that end have all the powers of the administrative officer from whom the appeal was taken.
J. EXPIRATION OF VARIANCE
Any variance from the terms of this ordinance 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 be been actually commenced on each and every structure permitted by said variance, or less such permitted use has actually been commenced, within one year 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 Council, or to a court of competent jurisdiction, until the termination of any manner of such appeal or proceeding.
K. POWERS GRANTED BY LAW (Amended 10/16/92 by ordinance #1737)
The Board of Adjustment shall have the powers as are granted by law 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 official or Agency based on or made in the enforcement of the Zoning ordinance;
(2) Hear or decide requests for interpretation of the map or Zoning Ordinance, or for decisions upon which such board is authorized by the Zoning ordinance to pass;
(3) (a) WHERE:
[1] By reason of exceptional narrowness, shallowness or shape of a specific piece of property; or
[2] By reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or
[3] 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 C. 40:55D-62 at seq would result in peculiar and exceptional practical difficulties to, or 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 this act would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to C. 40.55D-62 et seq; provided, however, that no variance from those departures enumerated in Section 112-33K(4) 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 C. 40:55D- 60.
(4) In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to C. 40:55D-62 at 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 pertaining solely to a conditional use;
(d) An increase in the permitted floor area ratio;
(e) 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; or
(f) A height of a principal structure which exceeds by ten (10') feet or 10% the maximum height permitted in the district for a principal structure.
If an application for development requests one or more variances but not a variance for a purpose enumerated in section 112-33K(4), the decision on the requested variance or variances shall be rendered under Section 112-33K(3).
(5) 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 the purpose of the Zone Plan and Zoning ordinance. Any application under 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 Zoning Board of Adjustment shall act;
(6) In respect to any airport safety zones delineated under the Air Safety and Zoning Act of 1983, P.L. 1983, C 260 (C.6:1-80 et seq.), no variance or other relief may be granted under the terms of this Section, permitting the creation or establishment of a nonconforming use which would be prohibited under 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.
L. ADDITIONAL POWERS
The Zoning Board of Adjustment shall, in addition to the powers specified in Section 112-33K of this ordinance, have power given by law to:
(1) Direct issuance of a permit pursuant to C. 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.
(2) Direct issuance of a permit pursuant to C. 40:55D-36 for a building or structure not related to a street.
(3) The Board of Adjustment shall have the power to grant to the same extent and subject to the same site plan approval pursuant to C. 40:55D-37 et seq. or conditional use approval pursuant to C. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance.
M. TIME FOR DECISION
(1) The Board of Adjustment shall render its decision not later than 120 days after the date:
(a) An appeal is taken from the decision of any administrative officer, or
(b) The submission of a complete application for development to the Board pursuant to the provisions of C. 40:55D-72b.
(2) Failure of the Board. to render a decision within such 120 day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
N. APPEALS TO ZONING BOARD OF ADJUSTMENT
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of the zoning ordinance or official map. Such appeal shall be taken within 65 days by filing a notice of appeal in the manner set forth in Section 112-33H of this ordinance, and in accordance with the provisions of C. 40:55D-69 et seq.
0. APPEALS FROM ZONING BOARD OF ADJUSTMENT TO TOWNSHIP COUNCIL
Any party desiring to appeal the decision of the Zoning Board of Adjustment where it has approved or granted a use variance pursuant to the provisions of Section 112-33K(3) of this Ordinance may appeal to the Township council provided such appeal shall be made within ten days of the date of publication of such final decision of the Zoning Board of Adjustment.
(1) For the purposes of an application pursuant to the provisions of C. 40:55-70d, wherein the applicant has elected to submit a separate application for any required approval of a subdivision, site plan or conditional use pursuant to C. 40:55d-76b, the following information and documents shall be necessary to constitute a complete application for the use variance:
(2) Twenty (20) copies of a map prepared by a Licensed Surveyor or Licensed Engineer of the State of New Jersey showing the following information:
(a) The name of the applicant and owner, the correct block and lot numbers, the legal title box, including the name, address and seal of the person preparing the plan, a north point, scale and date of plan;
(b) All property lines of the subject property plotted from deed descriptions;
(c) All adjacent lots with block and lot numbers, names of owners and approximate location of structures on such adjacent lots;
(d) All required setbacks under existing zoning and proposed setbacks;
(e) All existing and proposed street right-of-way lines, pavement widths and improvements ontract;
(f) Key map, scale, north arrow and legend;
(g) All street intersections within 5001 of any property line of the subject premises and the distance to such intersections;
(h) All zone boundary lines;
(i) All proposed methods of vehicular ingress and egress from the subject site to public streets, showing proposed widths and radii and distances from the nearest residential street in both directions;
(j) The location and design of proposed off-street parking;
(k) The location of existing woodlands, indicating those to be preserved;
(l) General topographic and drainage data based on coast and geodetic maps, as well as approximate size and location of detention facilities;
(m) Lot Data Table per Schedules 11 A III of the Development Ordinance;
(n) The method of providing sanitary sewer and water at capacities sufficient to serve the proposed- project, indicating points of connection to existing utilities;
(o) Deed restrictions, covenants, easements and/or rights-of-way pertaining to the subject lot.
(3) Twenty (20) copies of existing and proposed dimensioned floor plans;
(4) Twenty (20) copies of a dimensioned rendering or elevations of the buildings;
(5) A copy of the letter sent to the below listed agencies transmitting a copy of the application and proposed plan and requesting their approval of the application:
(a) D & R Canal Commission;
(b) Somerset County Planning Board
(6) The Board may request such additional information, not set forth above, as is reasonably necessary to make an informed decision provided same is not barred by C. 40:55D-1 et seq.
Q. HARDSHIP VARIANCE (Added 10/13/92 by Ordinance #1738)
(1) For the purposes of an application pursuant to the provisions of C. 40:55D-70c, wherein the applicant is not required to submit an application for subdivision, site plan or conditional use, and where the application is for the construction of a new single family or two-family dwelling, the following information and documents shall be necessary to constitute a complete application for the variance.:
(a) Twenty (20) copies of a map prepared by a Licensed Surveyor or Licensed Engineer of the State of New Jersey containing the following information:
[1] The name of the applicant and owner, the correct block and lot numbers, the legal title box, including the name, address and seal of the person preparing the plan, a north point, scale and date of plan;
[2] All property lines of the subject property plotted from deed descriptions;
[3] All required setbacks under existing zoning and proposed setback distances;
[4] All adjacent lots with block and lot numbers, names of owners and approximate location of structures on such adjacent lots;
[5] Key map, scale, north arrow and legend;
[6] All zone boundary lines;
[7] All existing and proposed structures;
[8] All storm sewers, water lines, sanitary sewer lines, electric lines and telephone poles on site;
[9] The location of existing wooded areas or substantial trees indicating those to be preserved;
[10] General topographic and drainage data of sufficient detail to determine the general slope and natural drainage of the land;
[11] Lot data table per Schedules II & III of the Development ordinance;
[12] The method of providing 'sanitary sewer and water at capacities sufficient to serve the proposed project indicating points of connection with existing utilities;
[13] The location of any wells and/or septic systems within 100' of property lines;
[14] Wetlands, if any, on the subject lot.
(b) Twenty (20) copies of existing and proposed dimensioned floor plans;
(c) Twenty (20) copies of a dimensioned rendering or elevations of the buildings;
(d) A copy of the letter sent to the below listed agencies transmitting a copy of the application and proposed plan and requesting their approval of the application:
[1] D & R Canal commission
[2] Somerset County Planning Board
(2) For the purposes of an application pursuant to the provision of C. 40:55D-70c, wherein the applicant is not required to submit an application for subdivision, site plan or conditional use, and where the application is for an addition to or expansion of an existing single family or two-
family dwelling, the following information and documents shall be necessary to constitute a complete application for the variance:
(a) Twenty (20) copies of a map prepared by a Licensed surveyor or Licensed Engineer of the State of New Jersey; or a legible plot plan, to scale and in accordance with an accurate boundary line survey, amended by the Applicant and containing the following information:
[1] The name of the applicant and owner, the correct block and lot numbers, the legal title box, including the name, address and seal of the person preparing the plan (if applicable) , a north point, scale and date of plan;
[2] All property lines of the subject property plotted from deed descriptions;
[3] All required setbacks under existing zoning and all proposed and existing setback distances;
[4] All adjacent lots with block and lot numbers, names of owners and approximate location of structures on such adjacent lots;
[5] The location and dimensions of all existing and proposed structures;
[6] The location of existing wooded areas or substantial trees indicating those to be preserved;
[7] General. topographic and drainage data of sufficient detail to determine the general slope and natural drainage of the land;
[8] The location of any wells and/or septic systems within 100' of property lines;
[9] Lot date table per Schedules 11 A III of the Development Ordinance.
(b) Twenty (20) copies of existing and proposed dimensioned floor plans;
(c) Twenty (20) copies of a dimensioned rendering or elevations of the buildings;
(d) A copy of the letter sent to the below listed agencies transmitting a copy of the application and proposed plan and requesting their approval of the application:
[1] D & R canal commission;
[2] Somerset County Planning Board
