Under the Municipal Land Use Law (MLUL), Chapter 55D of the New Jersey Revised State 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 chairman and a vice-chairman 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, a Board Engineer, a Board Planner, and a Court Stenographer.

The Board of Adjustment has the power to grant a variance from the Borough ordinances, when:

  1. there is physical or topographical or legal constraints on a property which keep it from being developed according to the ordinances;
  2. the proposed use is a benefit to the municipality or the public good;
  3. and, in particular cases for special reasons.

The Board may also interpret the zoning ordinance. The Board may grant site plan or subdivision approvals or conditional use approvals associated with any of its primary powers.