New Jersey Superior Court Appellate Division May 18, 2000 (Isihos Bros. Partnership v. Township of Franklin)

McDonnell, J.S.C.

In this zoning appeal, the court holds that the Board of Adjustment did not have authority to require a use variance pursuant to N.J.S.A. 40:55D-70(d) for a subsurface sewage disposal system (“septic system”) which had been approved by the Department of Environmental Protection (“DEP”).