The Zoning Board

The Municipal Land-Use Law (MLUL) is the legislative foundation of Zoning Boards of Adjustments in the State of New Jersey. It defines the powers and responsibilities of boards and is essential to their functions and decisions. Below is general information regarding zoning boards.

Powers of zoning board
Minor subdivisions means a subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision, provided that such subdivision does not involve a planned development, any new street, or the extension of any off-tract improvement. Otherwise, the subdivision is considered a major subdivision.

The zoning board shall accordingly exercise its power to:

• 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 ordinance;
• Hear and decide requests for interpretation of the zoning map or ordinance or for decisions upon other special questions upon which such board is authorized to pass by any zoning or official map ordinance;
• grant a "c" variance
• grant a "d" variance (5 affirmative votes by the board required)

Zoning board membership
The zoning board of adjustment shall consist of seven regular members and may have not more than two alternate members:

• Regular members
• Two (2) alternates, designated Alternate No.1 and Alternate No. 2

No member may hold any elective office or position under the municipality. In the event the board of adjustment lacks a quorum (the majority of the full authorized membership), class IV member from the planning board can be called upon to serve in order of seniority.