A Zoning Board of Adjustment is hereby established, pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven residents of the Borough of Saddle River appointed by the Mayor with the advice and consent of the Council to serve for terms of four years from January 1 of the year of their appointment.
A. 
The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Thereafter, the term of each member shall be for four years.
B. 
Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.
C. 
The Mayor, with the advice and consent of the Council, shall appoint two alternate members to the Zoning Board of Adjustment, to serve for terms of two years, except that, on initial appointment, Alternate 1 shall be appointed for a term of two years and Alternate 2 shall be appointed for a term of one year.
[Added 12-10-1984 by Ord. No. 411-C]
D. 
No member of the Zoning Board of Adjustment may hold any elective office or position under the Borough of Saddle River.
E. 
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary, who may or may not be a Board member or another municipal employee.
There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint, fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Municipal Attorney.
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 which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A. 
The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto, and with the provisions of this chapter.
B. 
It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, but not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter, or any term, clause, sentence or word hereof, and the Zoning Map in accordance with the general rules of construction applicable to legislative enactments.
C. 
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this chapter in accordance with the general or specific rules contained herein and with the general rules hereby laid down so that equity shall be done in cases where the strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in said P.L. 1975, c. 291, [1] or subsequent statutes in such case made and provided, and it shall from time to time furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
Appeals to the Board of Adjustment may be taken by any interested party. Each appeal shall be taken within the 20 days prescribed by statute by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of said notice of appeal. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
[Amended 2-22-1994 by Ord. No. 600-C]
B. 
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
C. 
Notice for hearings on appeals or requests for interpretation. In addition to notice required pursuant to N.J.S.A. 40:55D-1 et seq., an applicant appealing an administrative officer's decision pursuant to N.J.S.A. 40:55D-70(a) or a request for an interpretation pursuant to N.J.S.A. 40:55D-70(b) or a request for an extension of time for a variance granted pursuant to § 37-31B shall provide notice of the hearing in accordance with the provisions of N.J.S.A. 40:55D-12.
[Added 9-15-2014 by Ord. No. 14-899-C]
Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
In exercising the abovementioned power, the Board of Adjustment may, in conformity with the provisions of P.L. 1975, c. 291,[1] or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made and to that end shall have all the powers of the administrative officer from whom the appeal was taken.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
Any variance from the terms of this chapter hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced within one year from the date of publication of the notice of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
B. 
The Board of Adjustment may grant an extension of time for a variance granted pursuant to § 37-31A above for a period of time determined by the Board, but not to exceed one year from what would otherwise have been the expiration date, if the developer provides evidence to the satisfaction of the Board that the developer was barred or delayed from proceeding with the development because of delays in obtaining legally required approvals from other governmental agencies or for good cause.[1]
[Added 9-15-2014 by Ord. No. 14-899-C]
[1]
Editor's Note: Former Sections 10 and 11, Powers granted by law and Additional powers, which immediately followed this section, were deleted 2-22-1994 by Ord. No. 600-C.
A. 
The Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or the date of the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72.
[Amended 2-22-1994 by Ord. No. 600-C]
B. 
Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.