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1. KENNETH TRUMPORE, CHAIRMAN |
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2. JUDITH A. KRACHT, VICE CHAIRMAN |
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3. MICHAEL J. RAHILL, OPEN SPACE REP |
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4. ROBERT REHE |
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5. GEORGE MALANGA |
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6. LINDA HAWKINS |
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7. LUIS BALZAC |
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8. WILLIAM HAGGERTY, ESQ. OF DOLAN & DOLAN, BOARD ATTORNEY |
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9. JOHN RUSCHKE OF HATCH MOTT MACDONALD, BOARD ENGINEER |
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10. MARK JENKINS, ALTERNATE |
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11. CHARLES T. MCGROARTY OF BANISCH ASSOCIATES, INC., BOARD PLANNER |
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12.
WILLIAM DONEGAN, Zoning Officer |
973
770-1200, Ext. 134 |
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PLANNING/ZONING SECRETARY GENIE WISS 111 RIVER STYX ROAD HOPATCONG, NJ 07843 |
973 770-1200 EXT 133 gwiss@hopatcong.org |
For contact information for Board members, please call or email Zoning Board Secretary Eugenia Wiss
Meetings are held on the 2nd Wednesday of each month
at 7:30 P.M. in the Hopatcong Mun. Building.
FOR THE BOROUGH OF HOPATCONG
BOARD OF ADJUSTMENT - 2008 
POWERS OF THE ZONING BOARD OF ADJUSTMENT
As provided in Chapter 28 of the Code of the Borough of Hopatcong in accordance with the State Municipal Land Use Law, the powers of the Board are:
28-23. Powers granted by law.
A. The Board
of Adjustment shall have such powers as are granted by law:
(1) 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 official
or agency based on or made in the enforcement of Chapter 242, Zoning.
(2) To hear
and decide requests for interpretation of the map or Chapter 242, Zoning, or for
decisions upon other special questions upon which such Board is authorized by
Chapter 242, Zoning, to pass.
(3) 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 situation or condition of such piece of
property, the strict application of any regulation in Chapter 242, Zoning, would
result in peculiar and exceptional practical difficulties to, or exceptional and
undue hardship upon, the developer of such property, to 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, including a
variance for a conditional use; 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, and provided further that the proposed development does
not require approval by the Planning Board of a subdivision, site plan or conditional
use in conjunction with which the Planning Board shall review a request for a
variance pursuant to N.J.S.A. 40:55D-60a, the Municipal Land Use Law of 1975,
as amended.
(4) In particular
cases and for special reasons, to grant a variance to allow departure from regulations
set forth in Chapter 242, Zoning, including but not limited to allowing a structure
or use in a district restricted against such structure or use, but only by affirmative
vote of at least five members of the Board.
B. No variance
or other relief may be granted under the provisions of this section unless such
variance or other relief can be granted without substantial detriment to the public
good and will not substantially impair the intent and purpose of the zone plan
and Chapter 242, Zoning. Any application under any subsection of this section
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 of Adjustment shall act.
§ 28-24. Additional
powers.
The Zoning Board of Adjustment shall, in addition to
the powers specified in § 28-23, have power given by law to:
A. 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.
B. Direct
issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for a building or structure
not related to a street.
C. 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-37 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to Subsection d of Section 57 of the Municipal Land Use Law (N.J.S.A. 40:55D-70). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon the granting of all required subsequent approvals by the Board of Adjustment. No such subsequent approvals shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment to the intent and purpose of the zone plan and Chapter 242, Zoning. The number of votes of Board members required to grant any such subsequent approvals shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid Subsection d of Section 57 (N.J.S.A. 40:55D-70d) shall not be required.
Zoning Officer
973-770-1200
EXT 134
The function of the Zoning Laws is to promote and protect the public health,
safety, morals, and general welfare of the community. The Zoning Officer determines
what can and cannot be done to individual pieces of property with regards to property
maintenance and construction as it relates to the Zoning Laws. If such improvements
are not permitted by the Zoning Officer, an application to the Zoning Board of
Adjustment may be made in order to deviate from the Zoning Laws.