Pine Hill City Zoning Code
ARTICLE VI
Zoning Board of Adjustment 1
§ 23-6.1 Establishment and Composition; Terms of Office; Vacancies.
[Ord. No. 95-588 Art. VI]
a.
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven residents of the Borough of Pine Hill, appointed by the Borough Council, to serve for terms of four years from January 1 of the year of their appointment.
b.
There shall be two alternate members. Alternate members shall be designated by the Chairman of the Zoning Board of Adjustment as "Alternate No. 1" and "Alternate No. 2" and 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. Alternate members shall be appointed by the Borough Council.
c.
The terms of the members first appointed shall be so determined to the greatest practicable extent that the expiration of such terms shall be distributed, in the case of regular member, evenly over the first four 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. Nothing in this chapter shall, however, be construed to affect 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.
d.
No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.
e.
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
f.
No member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
g.
A member may, after public hearing if he requests it, be removed by the Borough Council for cause.
h.
No member of the Zoning Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if he requests it, be removed by the governing body for cause.
§ 23-6.2 Officers.
[Ord. No. 95-588 Art. VI]
The Zoning Board of Adjustment shall elect a Chairman and Vice Chairman from its members. The Administrative Officer or Secretary shall be appointed by the Mayor and may or may not be a Board member or municipal employee.
§ 23-6.3 Attorney.
[Ord. No. 95-588 Art. VI]
There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint and fix or agree upon the rate of compensation which shall not exceed that appropriated by the governing body, for the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Municipal Attorney.
§ 23-6.4 Experts and Staff.
[Ord. No. 95-588 Art. VI]
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 governing body for its use.
§ 23-6.5 Powers.
[Ord. No. 95-588 Art. VI]
a.
The Board of Adjustment shall have such powers as are granted by N.J.S.A. 40:55D-69 et seq. and amendments and supplements thereto and with the provisions of this chapter to:
1.
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 an administrative official or agency based on or made in the enforcement of this chapter.
2.
Hear and decide request for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which such Board is authorized to pass by this chapter.
3.
Where by reason of exceptional narrowness, shallowness or slope 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 this chapter 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, a 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 subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to this chapter.
4.
In particular cases and for special reasons, grant a variance to allow departure from any regulations pursuant to this chapter, including but not limited to, allowing a structure or use in a district restricted against such structure or use, but only by the affirmative vote of at least five members of the Board.
b.
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 this chapter. 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 which the Zoning Board of Adjustment shall act.
§ 23-6.6 Additional Powers.
[Ord. No. 95-588 Art. VI]
The Zoning Board of Adjustment shall, in addition to the powers specified in this chapter, 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 drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55-32.
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 Chapter 291 of the Laws of 1975 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to this chapter. The developer may elect to submit a separate application requesting approval of the variance and subsequent application for any required approval of the subdivision, site plan, or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zone Plan and Zoning Ordinance. The number of votes of Board members required to grant any subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to this chapter.
d.
Whenever an applicant for development requests relief pursuant to paragraph c of this subsection, the Zoning Board of Adjustment shall act in accordance with the following provisions:
1.
The Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Secretary of the Board of Adjustment or within such other time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, which shall be noted on a certificate by the Secretary of the Board of Adjustment as to the failure of the Board of Adjustment to act and which 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.
2.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 in the case of subdivision, or Section 8 of P.L. 1968, c. 285, in the case of a site plan, the Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report of the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.
3.
An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not exceed the period of time within which the Zoning Board of Adjustment shall act.
§ 23-6.7 Applications and Appeals to the Board of Adjustment.
[Ord. No. 95-588 Art. VI]
a.
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to any administrative officer.
b.
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an 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 20 days by filing a notice of appeal with the officer from whom the appeal was taken. 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 was taken.
§ 23-6.8 Application Procedures.
[Ord. No. 95-588 Art. VI]
a.
If an application for development is filed with the Board of Adjustment, whether or not an appeal from a decision of an administrative officer is also taken, the applicant shall submit three copies of his completed application to the Secretary of the Zoning Board of Adjustment. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set forth for hearing, the applicant shall also file all plot plans, maps of the papers required by virtue of any provisions of this chapter 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.
b.
The time for the Board's review shall not begin to run until the submission of a complete application with the fee specified in this chapter. Unless the applicant is informed in writing by the Secretary of the Board of Adjustment within 45 days of the actual submission of the application that it is incomplete, said application shall be deemed complete as of the date it was submitted.
c.
A complete application for development under this article shall consist of the following:
1.
A properly completed variance information application form.
2.
The required fee, as per this chapter.
d.
The Secretary of the Board of Adjustment shall distribute the application for review and report, and where required, approval as follows:
§ 23-6.9 Time Limit for Decision.
[Ord. No. 95-588 Art. VI]
a.
The Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or 120 days after the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72.
b.
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 applicant.
§ 23-6.10 Modification on Appeal.
[Ord. No. 95-588 Art. VI]
In exercising the above mentioned power, the Board of Adjustment may, in conformity with the provisions of P.L. 1975, c. 291 or amendments thereto or subsequent statutes applying, reverse or affirm wholly or partly or modify the order, requirements, decision or determination as ought to be made, and to that end shall have the powers of the administrative officer from whom the appeal was taken.
§ 23-6.11 Stay Proceedings by Appeal.
[Ord. No. 95-588 Art. VI]
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 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 order of the Superior Court of New Jersey on notice to the officer from whom the appeal is taken and on due cause shown.
§ 23-6.12 Denial.
[Ord. No. 95-588 Art. VI]
Any application which is denied by the Board of Adjustment shall not be again considered by the Board except as provided herein and pursuant to Chapter 291 of Laws of 1975, until two years' time lapses from the date of the Board's resolution of denial.
§ 23-6.13 Expiration of Variance.
[Ord. No. 95-588 Art. VI]
Any variance from the terms of this chapter with conditions attached which is hereafter granted by the Board of Adjustment 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 two years 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 governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.