Zoning Board of Adjustment
Full Member: 4-year term – FOUR appointments by the Council
Alternate: 2-year term – TWO appointments by the Council
Township Code 54-6.2 Membership; Appointment
Qualifications for and appointment as members of the Zoning Board of Adjustment shall be as follows:
a. No member may hold any elective office or position under the municipality.
b. All members shall be citizens of the Township of Rockaway.
c. All members shall be appointed by the Township Council.
d. Alternate members shall be designated as “Alternate no. 1”, “Alternate No. 2,” “Alternate No. 3,” and “Alternate No. 4” by the Township Council at the time of appointment.
Township Code 54-6.4 Powers and Duties of the Zoning Board of Adjustment
The Zoning Board of Adjustment shall follow the provisions of the Municipal Land Use Law and this chapter, and accordingly shall have authority to:
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 an administrative officer based on or made in the enforcement of the zoning regulations;
b. Hear and decide requests for interpretation of the Zoning Map or zoning regulations or for decisions upon other special questions upon which the Board is authorized to pass by any zoning regulation or official map regulation, in accordance with this chapter and the Municipal Land Use Law;
c. Hear and decide requests for variances. Notwithstanding the above, the Zoning Board of Adjustment shall not have the power to hear and decide variances if the application also requires subdivision, site plan or conditional use approval, unless the application involves a “D” variance;
d. Exercise control over and review of subdivisions, site plans and conditional uses, only when such applications involved a “D” variance;
e. Direct the issuance of building permits for buildings or structures in certain areas shown on an Official Map, unless such building permits also require subdivision, site plan or conditional use approval;
f. Direct the issuance of building permits for buildings or structures on a lot not related to a street, unless such building permits also require subdivision, site plan or conditional use approval; and
g. Prepare at least once a year, a report for the Township Council and Planning Board, based upon its review of its decisions on applications and appeals for variances since any previous report. The report shall be adopted by resolution of the Zoning Board of Adjustment, and shall comment on the zoning regulations which were the subject of variance requests, and shall make recommendations for any amendments to the zoning regulations that the Board may deem appropriate based upon prior variance applications.
