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--- Document: Home or Property Modifications: Land Use Board Requirements Document ---
If you are planning a change to your house or property, do you need a
Variance or Land Use Board approval?
What is a Variance:
A Variance means permission to depart or deviate from the literal requirements of the Borough’s
zoning rules and requirements. See N.J.S.A. 40:55D-8.
The Borough’s Zoning Code can be found at: https://ecode360.com/11323401.
The Borough’s Site Plan Code can be found at: https://ecode360.com/11321712.
The Borough’s Subdivision Code can be found at: https://ecode360.com/11322776.
The Borough’s Land Use Board conducts hearings to determine whether proposed variances are
permitted under the Law.
Zoning Officer Review
If you are planning a change to your house or property, please consult the Borough’s Zoning
Officer, who will need to determine if the proposed change is “Conforming” (does not require a
variance), or “Non-Conforming” (requires a Variance from our Land Use Board).
Please be aware that even if your proposed property changes do not require a “variance” you
may still be required to present an application before the Land Use Board for another reason.
Please consult the Borough’s Zoning Officer and Land Use Clerk for assistance.
Whether your project is big or small, the first thing you need to do is have your project reviewed
by the River Edge Borough’s Zoning Officer, using the Application for Zoning Officer Review,
which can be downloaded from the River Edge website at:
h t t p s : / / w w w. r i v e r e d g e n j . o rg / m e d i a / B o r o u g h / F o r m s % 2 0 a n d % 2 0 P e r m i t s /
Z o n i n g % 2 0 O f f i c e r % 2 0 R e v i e w - F e n c e % 2 0 D r i v e w a y % 2 0 e t c /
Appilication_for_Zoning_Officer_Review.pdf
The Zoning Officer will need information about your proposed changes to determine the extent
to which any variance relief or Land Use Board approval may be required. Please include all
pertinent information about the proposed changes and any supporting documents with your
request for Zoning Officer Review.
Letter of Conformance or Letter of Non-Conformance
The Zoning Officer will then issue either a “Letter of Conformance” (variance and/or Land Use
Board approval is not required), or a “Letter of Non-Conformance” (variance and/or Land Use
Board approval is required).
Depending on the scale of the proposed project, you may need assistance from a lawyer and/or
other professionals (e.g., Surveyor, Engineer, Architect, Planner, etc.) to prepare your application
and/or present your application to the Land Use Board.
If you receive a Letter of Non-Conformance, you may file an application with the Land Use
Board to:
•
Appeal the Zoning Officer’s determination pursuant to N.J.S.A. 40:55D-70(a);
•
Request an interpretation pursuant to N.J.S.A. 40:55D-70(b);
•
Request subdivision or site plan approval pursuant to N.J.S.A. 40:55D-25;
•
Request the variance relief identified in the Letter of Non-Conformance pursuant to
N.J.S.A. 40:55D-70(c) or N.J.S.A. 40:55D-70(d).
Land Use Application Forms can be found at:
https://www.riveredgenj.org/BoroughFormsandPermits.
Please follow the instructions in the Residents/Business Guide to the Municipal Land Use
Board on the Borough website, to apply for a hearing before the Land Use Board at their next
available date.
Land Use Board Review
The Land Use Board is charged with the regulation of the Borough’s Land Use laws. The Land
Use Board conducts public hearings on applications, and only deals with issues related to the
property. The Board is a quasi-judicial body whose function is to apply the facts presented at the
hearing to the law and to decide whether the requested application or relief can be legally granted
or not. Each case is decided independently based on the evidence and testimony presented at
hearings. The Land Use Board is guided by the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 to -163, and the Borough Code to determine whether the Applicant has met all legal
standards.
The Borough’s Land Use Procedures can be found at: https://ecode360.com/11319414.