[HISTORY: Adopted by the Mayor and Council
of the Borough of Hasbrouck Heights 8-9-2005 by Ord. No. 2100.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed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.
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. The Zoning Board of Adjustment of the Borough of Hasbrouck Heights as the same has been duly constituted and presently exists as provided herein shall continue to exercise those powers, duties, authority and jurisdiction hitherto lawfully granted to it only in respect to any application or matter coming within its jurisdiction that has been fully and completely submitted to it as required by applicable laws, ordinances and its rules and regulations and certified to be complete by its Secretary before the date of final adoption of this subsection and until such applications or such other matters have been fully completed, until any possible appeals from the decisions on any applications or matters so having come or so coming before it by that date have been exhausted and any matters remanded to it from such appeals have been concluded and until any time limits have expired on any appeals from any decisions on applications so having come or so coming before it by that date or decisions on matters remanded to it. Any other applications or other matters which would have otherwise been within its jurisdiction but which are not so filed and certified by its Secretary to be complete as aforesaid by that date shall be within the sole jurisdiction of the Planning Board of the Borough of Hasbrouck Heights in accordance with Chapter 51 of this Code as the same is amended and supplemented by this ordinance.[1] The Board of Adjustment shall no longer exist upon the
completion of all applications and other matters that duly came within
its jurisdiction before the final adoption of this subsection
[Amended 1-26-2021 by Ord. No. 2476]
B.
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.
C.
A vacancy occurring other than by expiration of term
shall be filled for the unexpired term only.
D.
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.
A.
The Zoning Board of Adjustment shall have all powers
granted to it by law.
B.
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.
