Under the Municipal Land Use Law (MLUL), Chapter 55D of the NJ State Revised Statutes, when a municipality adopts a zoning ordinance, it must also create a Zoning Board of Adjustment.

A Zoning Board of Adjustment shall consist of seven regular members and not more than four alternate members appointed by the Borough Council. All regular members and alternate members must be Borough residents. Regular members serve four year terms and Alternate members serve two year terms. No member may hold any elected office or position in the Borough. One regular member may be a Planning Board member.

The Board selects a Chair and a Vice-chair from its members and selects an Administrative Officer who may be a Board member or a municipal employee. The Board also appoints a Board Attorney, Board Engineer and Board Planner.

The Board of Adjustment has the power to grant variances from the zoning ordinance, when:

1. There are physical, topographical or legal constraints on a property which restrict its development in accordance with the zoning ordinance;
2. The proposed use is a benefit to the municipality or the public good; and
3. In particular cases, for special reasons.

The Board may also hear appeals from an Administrative Officer's decision and requests to interpret the zoning ordinance. The Board may grant site plan, subdivision, or conditional approvals in conjunction with any of its primary powers. Public notice is required for all types of applications to the Board of Adjustment. Applications and instructions for applying are available to download from the Borough website.

Frank Mottola
908-636-7635
fmottola@bernardsvilleboro.org