NOTICE to APPLICANTS

In every New Jersey Community, every application for variance before a Municipal Land Use Board is subject to provisions of New Jersey State Land Use Act. Be advised, a Variance is a request for development or construction that is otherwise prohibited by local ordinance adopted pursuant to State Land Use Act.

An Applicant should have no expectation, nor should an Applicant believe there is a "right" that an application and plan for Variance presented to the local Land Use Board be approved in its entirety. Prior to, or during the application process, citizen members of the Land Use Board are expressly prohibited by law from discussing a proposed variance with the applicant or the applicant's professionals.

Each application deem complete will receive a hearing open to the public. Separate and apart from the elected Governing Body, the Land Use Board functions as a quasi-judicial body whose decisions are subject to appeal in the Superior Court of the State of New Jersey. If an Applicant is unfamiliar with the NJ Land Use Law, the Applicant should consult an Attorney.

The Applicant must present the Board with the legal proofs of "hardship" for granting the variance sought. The proofs of "hardship" are specifically prescribed in the LAW and responsibility of the Applicant, not the citizen-members of the Board, to identify and articulate.

An Applicant should always be prepared to discuss alternatives or alterations to the plans presented. The Board has no legal authorization to issue a building permit. Every approval, decision of the Board, is subject to a 45 day citizen appeal.

Appeals Go To: Ocean County Planning Board-129 Hooper Ave. P.O. Box 2191 Toms River, NJ 08754 732-929-2054.