[HISTORY: Adopted by the Mayor and Council of the Borough of Hasbrouck Heights 8-9-2005 by Ord. No. 2100. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 72, Zoning Board of Adjustment, adopted 2-13-2001 by Ord. No. 1917, which had abolished the Board of Adjustment. This ordinance, which reestablished the Board of Adjustment, was approved at referendum November 2005.
A Zoning Board of Adjustment is hereby reestablished pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven regular members and two alternate members, all of whom shall be appointed by the governing body. All members and alternate members shall be municipal residents. The regular members shall serve for terms of four years from January 1 of the year of their appointment, except that the terms of the members first appointed shall be as follows: two members for four years; two members for three years; two members for two years; and one member for one year. The alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years.
No member of the Zoning Board of Adjustment may hold any elective office in the Borough or any official position in the administration of the Borough.
A vacancy occurring other than by expiration of term shall be filled for the unexpired term only.
The alternate members may participate in discussion proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
The Zoning Board of Adjustment shall elect a Chairman and Vice Chairman from its members; its Secretary shall be the Secretary of the Construction Office of the Borough of Hasbrouck Heights.
A member, after public hearing if that member so requests, may be removed by the Borough Council for cause.
There is hereby created the Office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall annually appoint the Attorney, who shall be other than the Borough Attorney. The Board shall not authorize expenditures for such purposes which exceed either: a) the sum appropriated by the governing body and certified by the Chief Financial Officer to be available for its use; or b) the sum provided for in escrows certified by the Chief Financial Officer to be on deposit.
The Zoning Board of Adjustment may also employ or contract for, and fix the compensation of, such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures for such purposes which exceed either: a) the sum appropriated by the governing body and certified by the Chief Financial Officer to be available for its use; or b) the sum provided for in escrows certified by the Chief Financial Officer to be on deposit.
At least annually at its first meeting of the year or as soon thereafter as possible, the Zoning Board of Adjustment shall adopt and thereafter, as it deems necessary, amend and supplement rules and regulations governing its organization, administration, procedures and other matters deemed necessary for its effective and efficient operation not inconsistent with law or ordinance. In the absence of the adoption of such rules and regulations, then the Zoning Board of Adjustment shall be governed by the model rules of the current edition of New Jersey Zoning and Land Use Administration. The Zoning Board of Adjustment shall furthermore recommend to the governing body an "application checklist" and thereafter recommend any amendments and supplements thereto as it deems necessary and appropriate for adoption by ordinance as required by N.J.S.A. 40:55D-10.3. Such rules and regulations shall include a schedule of fees and estimates of escrows to abide costs and such check list shall condition completeness of any application upon the payment of the applicable fees and escrow deposits. The schedule of estimated escrows shall be subject to the approval of the Chief Financial Officer of the Borough and shall be collected, held, and disbursed in accordance with law, ordinance and any regulation that the said Chief Financial Officer may establish. In the absence of the adoption thereof, there is hereby adopted the Model Check List for Submissions of the current edition of the New Jersey Zoning and Land Use Administration.
The Zoning Board of Adjustment shall have all powers granted to it by law.
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval or conditional use approval whenever the Board is reviewing an application for approval of a variance or other relief pursuant to N.J.S.A. 40:55D-70(d).
An appeal from any decision of the Zoning Board of Adjustment to grant an application pursuant to the provisions of N.J.S.A. 40:55D-70(d) may be taken to the governing, body, provided that such appeal shall be made pursuant to and in compliance with N.J.S.A. 40:55D-17.