Conference/Public Meeting Agendas/Documents — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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 Ordinance 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 Ordinance 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 chapter and the Zoning Map in accordance with the general rules of construction applicable to legislative enactments. (Ord. No. 904-88 § 25-8.3H) g. The Board shall have the power to grant a soil removal permit in connection with an application for variance approval. 25-47.9 Direct Application and Appeals. a. Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Zoning Officer, appointed pursuant to the zoning chapter based upon or made in the enforcement of the zoning chapter or official

ken by any interested party affected by any decision of the Zoning Officer, appointed pursuant to the zoning chapter based upon or made in the enforcement of the zoning chapter or official map. Such appeal shall be taken within sixty-five (65) days by filing a notice of appeal with the Zoning Officer. The notice of appeal shall specify the grounds for the appeal. Upon receipt of the notice of appeal, the Zoning Officer shall forthwith transmit to the Secretary of the Zoning Board of Adjustment all papers constituting the record upon which the action appealed from was taken. b. An application for development may be filed directly with the Secretary of the Zoning Board of Adjustment for action under any of its powers without prior application to the Zoning Officer. Applicants shall file at least that number of copies of the application and the required fees as prescribed by the rules and regulations of the Zoning Board of Adjustment. Applicants shall file all other plans, maps, sketches or other documents as prescribed by the rules and regulations of the Zoning Board of Adjustment. Applicants shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Zoning Board of Adjustment shall inform applicants of the steps to be taken to initiate applications, and of the regular meeting dates of the Board. c. An appeal to the Zoning Board of Adjustment constitutes an automatic stay of all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Zoning Officer certifies to the Secretary of the Zoning 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 or her opinion, cause imminent perilod to life or property. In such case, 221