There is hereby established, pursuant to Section 57, P.L. 1975, c. 291 (N.J.R.S. 40:55D-69a), a Zoning Board of Adjustment, also known as the "Zoning Board" or the "Board of Adjustment".
The Board shall consist of seven (7) members and not more than four (41 alternate members who shall be residents of the Township of East Brunswick. Alternate members shall be designated at the time of authority appointing them as "Alternate No. 1," "Alternate No. 2," "Alternate 3" and "Alternate 4" as appropriate.
Alternate members may participate in discussions of the proceedings, but may not vote, except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the zoning board of adjustment established by ordinance of the governing ,body pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69). 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 members shall vote in the order of their numerical designations.
If the Board of Adjustment lacks a quorum because of any of its regular or alternate members is prohibited by section 56 of P.L. 1975, .c.291 (C.40:55D-69) from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to at upon the mater without any personal or financial interest therein, whether direct or indirect. If a choice has to be made. between Class IV members or equal seniority, the chairman of the Planning Board shall make the choice.
The members of the Board of Adjustment shall be appointed by the Township Council. The terms of the members first appointed under this chapter 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 (4) years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment; provided that the initial tern of no regular members shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each member shall be four (4) years; and the term of each alternate member shall be two years. The terms of not more than two alternate members shall expire in anyone year.
A.vacancy occurring otherwise than by expiration of a tern shall be filled for the unexpired term only. A member may, after public hearing if he requests it, be removed by the Township Council for cause.
**Webmasters Note: The previous sections, 132-16 through 132-19, have been amended as per Ordinance No. 05-03.
A. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and select a Secretary who may or may not be a member of the Board of Adjustment or a municipal employee.
B. The Board of Adjustment may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorney. 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 Council for its use.
C. The Board of Adjustment shall adopt such rules and regulations as may be necessary to carry into effect the powers granted to it by this chapter.
[Amended 6-10-92 by Ord. No. 92-19]
The Board of Adjustment shall have the power to:
A. Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by the Director of Planning and Engineering or his designee, based on or made in the enforcement of the zoning ordinance.
B. Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance, or for decisions upon other special questions upon which such Board is authorized to pass by the Zoning Ordinance or Official Map ordinance in accordance with this act.
C. 1. Where
(a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or
(b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or
(c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or structures lawfully existing thereon, the strict application of any zoning regulation 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;
2. 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 N.J.S.A. 40:55D-62 et seq. provided, however, that no variance from those departures enumerated in subsection d. 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 N.J.S.A. C. 40:55D-60a.
D. In particular cases and for special reasons grant a variance to allow departure from regulations pursuant to N.J.S.A.40:55D-62-68, 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 C:40:55D-67 pertaining solely to a conditional use,
(4) an increase in the permitted floor area ratio as defined in C.40:55D-4,
(5) an increase in the permitted density as defined in C.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 or
(6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members.
If an application for development requests one or more variances but not a variance for a purpose enumerated in subsection d. of this section, the decision on the requested variance or variances shall be rendered under subsection c. of this section.
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. In respect of any airport hazard area delineated under the 'Air Safety and Hazardous Zoning Act of 1983, N.J.S. 6:1-80", no variance or other relief may be granted under the terms of this Section permitting the creation or establishment of a non-conforming 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. [
Amended 6-10-92 by Ord. No. 92-19]
E. Grant to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to this chapter or conditional use approval pursuant to this chapter whenever the Board of Adjustment is reviewing an application for approval of a use variance pursuant to Subsection (d) above.
F. Render advisory opinions regarding the interpretation, application and enforcement of the Zoning Ordinance upon request of the Planning Board, the Director of Planning and Engineering or his designee or other township officials.
A. Appeals to the Board of Adjustment may be taken by an interested party affected by any decision of the Director of the Department of Planning and Engineering or his designee(s) or the Zoning Officer of the Township of East Brunswick, based on or made in the enforcement of the Zoning Ordinance. Such appeal shall be taken within twenty (20) days by filing a notice of appeal with the Director of the Department of Planning and Engineering or his designee(s), specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all papers constituting the record upon which the action appealed from was taken.
B. 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 Manager of the Department of Planning and Engineering, from whose action 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 other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and upon due cause shown.
C. The 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 Director of the Department of Planning and Engineering or his designee(s), from whom the appeal is taken.
[Amended 6-10-92 by Ord. No. 92-19]
A. Any interested party may appeal to the Township Council any final decision of the Board of Adjustment approving an application for development pursuant to Subsection d. of P.L.1975, c. 291 (C.40:55D-70) of the Municipal Land Use Law. Such appeal shall be made within ten (10) days of the date of publication of such final decision. The appeal to the Township Council shall be made by serving the Township Clerk and the applicant, in person or by certified mail, with a notice of appeal specifying the grounds therefor and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Township Council only upon the record established before the Board of Adjustment.
[Amended 6-10-92 by Ord. No. 92-19]
B. Notice of the meeting to review the record below shall be given by the Township Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to this chapter and to the Board from which the appeal is taken, at least ten (IO) days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Township Council shall provide for verbatim recording and transcript of such meeting pursuant to this chapter.
C. The appellant shall,
1. Within 5 days of service of the notice of the appeal pursuant to Subsection a hereof, arrange for a transcript pursuant to Subsection f. of section 6 of P.L.1975, c.291 (C.40:55D-1 0) for uses by the Township Council and pay a deposit of $50 or the estimated cost of transcription, whichever is less, or [Amended 6-10-92 by Ord. No. 92-19]
2. Within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Municipal Clerk; otherwise, the appeal may be dismissed for failure to prosecute.
The Township Council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision pursuant to subsection i. of section 6 P.L.1975, c.291 (C.40:55D-10) of N.J.S.A. unless the applicant consents in writing to the extension of such period. Failure of the Township Council to hold a hearing and conclude a review of the record below and to render a decision with such specified period shall constitute a decision affirming the action of the Board. [Amended 610-92 by Ord. No. 92-19]
D. The Township Council may reverse, remand or affirm, with or without the imposition of conditions, the final decision of the Board of Adjustment approving a variance pursuant to N.J.S.A. 40:55D-70(d).
E. The affirmative vote of a majority of the full authorized membership of the Township Council shall be necessary to reverse or remand to the Board of Adjustment or to impose conditions on or alter conditions to any final action of the Board of Adjustment. Otherwise the final act of the Board of Adjustment shall be deemed to be affirmed; a tie vote of the governing body shall constitute affirmance of the decision of the Board of Adjustment. [Amended 6-10-92 by Ord. No. 92-19]
F. An appeal to the Township Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the Township Council, after the notice of appeal shall have been filed with such Board, that by reason of facts stated in the certificate a stay would, in its 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 on application and upon notice to the Board from whom the appeal is taken and on good cause shown.
G. The Township Council shall mail a copy of the decision to the applicant or, if represented, then to his attorney, without separate charge and, for a fee as specified in this chapter, to any interested party who has requested it, not later than ten (I 0) days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the township or in a newspaper of general circulation in the township. Such publication shall be arranged by the Township Clerk, provided that the applicant may arrange such publication it he so desires. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication. whether arranged by the municipality or the applicant.
H. Nothing herein shall be constructed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
