SENATE, No. 1300

STATE OF NEW JERSEY

INTRODUCED JUNE 13, 1996

By Senator SINGER

An Act concerning zoning board membership in cases of disqualification for interest and amending P.L.1991, c. 256.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 20 of P.L.1991, c.256 (C.40:55D-69.1) is amended to read as follows:

    20. If the board of adjustment lacks a quorum because any of its regular or alternate members is prohibited by section 56 of P.L.1975, c.291 (C.40:55D-69) from acting on a matter due to the member's personal or financial interest therein, Class IV members of the planning board shall be called upon to serve, for that matter only, as temporary members of the board of adjustment. The Class IV members of the planning board shall be called upon to serve in order of seniority of continuous service to the planning board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect; except, however, that in the case of an application for a variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), until there are seven members without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the chairman of the planning board shall make the choice.

(cf: P.L.1991, c.256, s.20)

    2. This act shall take effect immediately.

STATEMENT

    This bill would clarify that when members of a zoning board of adjustment are disqualified because of a personal or financial interest in connection with an application for a use variance, the Class IV planning board members shall be called upon to serve, but only until there are seven members without any personal or financial interest therein, whether direct or indirect.

    It is the sponsor's intention in introducing this bill to allow for the achievement of a full complement of zoning board members in the case of an application for a "d variance." Under section 56 of P.L.1995, c.291 (40:55D-69), zoning boards consist of seven members; however, under subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), a variance shall be granted only by affirmative vote of at least five members. By clarifying that members shall be called upon to serve to bring the number up to seven members rather than a mere quorum, this bill assures that a zoning board will have sufficient members in the case of a d variance application, and in the case of disqualification for interest, to accommodate the increased quorum requirement without resulting in the necessity of having all members present be in support of the particular application.

Clarifies achievement of quorum by zoning board in cases of disqualification of members for financial interest.