West Orange City Zoning Code
§ 25-47.8
Other Powers and Duties.
[Ord. No. 2357-12 § 25-47.8]
The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69, as amended and lamented, and in accordance with the provisions of this chapter.
a.
The Board shall adopt, and make available to applicants requesting the same, rules and regulations to facilitate carrying the provisions of this chapter into effect. The Zoning Board of Adjustment shall be authorized to charge a reasonable fee for each copy of such rules and regulations. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq. shall apply.
b.
The Board shall have the power to 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.
c.
The Board shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building not related to a street.
d.
The Board 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 N.J.S.A. 40:55D-67 in conjunction with Zoning Board of Adjustment review of an application for approval of a use variance pursuant to this chapter.
e.
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of the zoning regulations in accordance with the general and specific rules contained herein, and with the general rules that equity shall be done in cases where the strict construction of the provisions of the zoning regulations would work undue hardship. The Board having derived its existence and powers from the enabling statute, the Board shall in all cases, follow all provisions of N.J.S.A. 40:55D-1 et seq., and all subsequent amendments applicable to it.
f.
It is the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, but not limited to the authority, in connection with any case or proceeding before the Board, to interpret and construe the provisions, including any word, term, clause or sentence, of this chapter, the zoning regulations and the Zoning Map in accordance with the general rules of construction applicable to legislative enactments.
g.
The Board shall have the power to grant a soil removal permit in connection with an application for variance approval.
