Westville City Zoning Code
ARTICLE IV
Zoning Board of Adjustment
§ 205-28 Establishment; composition.
There is hereby established pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) a Zoning Board of Adjustment (also referred to as the "Zoning Board"), consisting of seven members who shall not hold any elective office or position within the Borough and who shall serve without pay. The members of the Board shall be appointed by the Mayor and Council.
§ 205-29 Terms of office; vacancies; alternates.
A.
B.
The Borough Council may also appoint two alternate members of said Board to serve without pay for the term of three years. Said alternates shall be designated by the Chairman of said Board as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members.
§ 205-30 Organization; experts and staff.
The Zoning Board is authorized to adopt bylaws and such other rules and regulations governing its procedural operation, which bylaws, rules and regulations governing its procedural operation shall be consistent with the provisions of this chapter and P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The Board shall elect a Chairman and Vice Chairman from its members and select a Secretary who may or may not be a member of the Zoning Board or a municipal employee, and create and fill such other offices as established by ordinance. It may employ, or contract for, and fix the compensation of legal counsel, other than the Municipal Attorney, and experts, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
§ 205-31 Powers and duties.
The Zoning Board of Adjustment shall have the following powers and duties:
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 administrative officer or zoning official based on or made in the enforcement of the zoning regulations.
B.
Hear and decide, in accordance with the provisions of the zoning regulations, requests for interpretation of the Zoning Map or zoning regulation or for decisions upon other special questions upon which such Board is authorized to pass by any zoning regulation or Official Map in accordance with this chapter.
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 situations or conditions of such piece of property, 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; 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.
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 2/3 of the full authorized membership of the Board.
F.
Give direction pursuant to Section 25 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-34) for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved on an official map.
G.
Give direction pursuant to Section 27 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-36) for issuance of a permit for a building or structure not related to a street.
§ 205-32 Referral of applications.
Any application to the Zoning Board 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 shall act. The Planning Board shall make and transmit to the Zoning Board, within 35 days after referral, a report including its recommendations. Failure of the Planning Board to transmit its report within 35 days shall free the Zoning Board from the requirements of this section. Whenever the Planning Board has made a recommendation, such recommendation may only be rejected by a majority of the full authorized membership of the Zoning Board.
§ 205-33 Appeals and applications.
A.
Appeals to the Zoning Board may be taken by any interested party affected by any decision of the administrative officer or zoning official based on or made in the enforcement of the zoning regulations or Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal with the official from whom the appeal is taken specifying the grounds of such appeal. The official 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.
B.
A developer may file an application for development with the Zoning Board for action under any of its powers without prior application to any municipal building or zoning official.
C.
If an application for development is filed with the Board of Adjustment, whether or not an appeal from a decision of the Construction Official is also taken, the applicant shall submit 10 copies of his completed application to the secretary of the Board of Adjustment. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. 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.
§ 205-34 Time for decision.
A.
The Zoning Board shall render a decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer; or the submission of a complete application for development to the Zoning Board pursuant to § 205-33B of this chapter.
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.
§ 205-35 Modification on appeal.
The Zoning Board 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 administrative officer from whom the appeal is taken.
§ 205-36 Stay of proceedings by appeal.
An appeal to the Zoning Board shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Zoning Board, 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 of New Jersey upon notice to the officer from whom the appeal is taken and for due cause shown.
§ 205-37 Vote necessary for decision.
The final disposition of any matter by the Board shall require the concurring vote of four of its members, except as provided in § 205-31D.
§ 205-38 Expiration of variance.
Any variance granted by the Board to an applicant shall expire if no construction, alteration or conversion has been commenced within one year from the date of granting such variance, unless otherwise provided in the resolution of the Board granting the variance; provided, however, that the running of the period of limitation herein shall be tolled from the date of filing an appeal from that decision of the Zoning Board to the governing body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.