Town of West New York, NJ
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2022-12-14
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Part II: General Legislation
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Chapter 414 Zoning
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Article XI Board of Commissioners
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Agreements, Joint
- Ch 4 Alcoholic Beverage Control Board
- Ch 5 Attendance Policy
- Ch 6 Authorities
- Ch 8 Automotive Maintenance and Repair, Division of
- Ch 10 Board of Education
- Ch 11 Civil Rights Commission
- Ch 13 Civil Service
- Ch 16 Community Development, Department of
- Ch 19 Construction Board of Appeals
- Ch 21 Construction Code Official
- Ch 24 Court, Municipal
- Ch 27 Drug-Free Zones
- Ch 30 Electrical Subcode Official
- Ch 31 Emergency Medical Services
- Ch 33 Environmental Commission
- Ch 36 Ethics, Code of
- Ch 39 Finances
- Ch 42 Fire Department
- Ch 46 Franchises
- Ch 49 Housing, Department of
- Ch 53 (Reserved)
- Ch 56 Law Department
- Ch 58 Library Board
- Ch 59 License Department
- Ch 62 Local Civil Defense Council
- Ch 66 (Reserved)
- Ch 69 Officers and Employees
- Ch 72 Parking Services Agency
- Ch 74 Pensions
- Ch 76 Personnel
- Ch 80 Police Department
- Ch 83 Police and Fire Department Affairs
- Ch 86 Public Affairs, Department of
- Ch 88 Purchasing
- Ch 90 Residency Requirements
- Ch 93 Salaries and Compensation
- Ch 95 Sanitation Division
- Ch 97 Swimming Pool Commission, Municipal
- Ch 98 Tenants Advocacy
- Ch 100 Urban Enterprise Zone
- Part II: General Legislation
- Ch 108 Air Pollution
- Ch 111 Alarm Systems
- Ch 114 Alcoholic Beverages
- Ch 117 Amusements
- Ch 121 Auctions and Auctioneers
- Ch 124 Automobile Service Stations
- Ch 125 Background Checks
- Ch 126 Bamboo
- Ch 127 Barbershops, Beauty Salons and Nail Salons
- Ch 130 Bicycles, Electric Bicycles and Scooters
- Ch 135 Building Construction Standards
- Ch 139 Buildings, Unfit
- Ch 142 Burglary Prevention
- Ch 145 Canopies and Awnings
- Ch 148 Certificates of Occupancy
- Ch 151 Checks, Returned
- Ch 154 Christmas Tree Sales
- Ch 158 Condominium Conversions
- Ch 161 Construction Codes, Uniform
- Ch 162 Construction Cranes
- Ch 164 Contractors, Registration of
- Ch 167 Curfew
- Ch 170 Defacement of Property
- Ch 174 Dogs and Other Animals
- Ch 178 Drug Paraphernalia
- Ch 181 Dumpsters/Construction Containers
- Ch 186 Fees
- Ch 189 Filming
- Ch 192 Firearms and Fireworks
- Ch 195 Fire Limits
- Ch 198 Fire Prevention
- Ch 200 First Responder Radio Communications
- Ch 201 Flea Markets
- Ch 204 Flood Damage Prevention
- Ch 207 Food Handling
- Ch 210 Fuel Devices and Suppliers
- Ch 215 Hazardous Materials
- Ch 218 Heating
- Ch 221 Housing, Affordable
- Ch 222 Identification Card Program
- Ch 223 Insurance
- Ch 227 Junk Dealers
- Ch 231 Land Use Procedures
- Ch 234 Laundries and Dry-Cleaning Establishments
- Ch 237 Limousines and Livery Vehicles
- Ch 242 Littering
- Ch 245 (Reserved)
- Ch 248 Massage Parlors
- Ch 251 Mechanical Standards
- Ch 254 Mobile or Street Food Vendors
- Ch 257 Mopeds
- Ch 260 Multiple Dwellings
- Ch 263 Newsracks
- Ch 266 Noise
- Ch 269 Nuisances
- Ch 273 Obscenity
- Ch 277 Parking
- Ch 280 Parking Lots, Municipal
- Ch 284 Peddling and Soliciting
- Ch 287 Plastic Coverings and Bags
- Ch 290 Plumbing Standards
- Ch 293 Police Protection
- Ch 296 Precious Metals
- Ch 299 Property Maintenance
- Ch 302 Public Property, Damage to
- Ch 304 Real Property
- Ch 306 Recycling
- Ch 309 Refrigerators, Abandoned
- Ch 310 Relocation Assistance
- Ch 312 Rent Control
- Ch 316 Rooming, Lodging and Boarding Houses
- Ch 319 Sales, Special
- Ch 322 Sanitation
- Ch 325 Screens, Protective
- Ch 327 Security Cameras
- Ch 328 Sewage Disposal, Individual
- Ch 329 Sewerage Authority, North Hudson
- Ch 331 Sewers
- Ch 335 Shows and Exhibitions
- Ch 338 Signs
- Ch 341 Skates, Skateboards, Roller Blades, In-Line Skates and Scooters
- Ch 344 Smoke Detectors
- Ch 345 Smoking
- Ch 348 Solid Waste Disposal
- Ch 352 Streets and Sidewalks
- Ch 355 Strikebreakers
- Ch 358 Subdivision of Land
- Ch 361 Swimming Pools
- Ch 364 Taxation
- Ch 367 Taxicabs
- Ch 370 Telephones
- Ch 374 Tort Claims
- Ch 377 Towing
- Ch 379 Tree Removal
- Ch 380 Utility Poles and Underground Facilities
- Ch 380A Vacation Rentals, Short-Term
- Ch 381 Vehicles, Abandoned
- Ch 382 Vehicle Boot Pilot Program
- Ch 384 Vehicles and Traffic
- Ch 387 Vehicles, Motor-Driven
- Ch 391 Vehicles, Storage of
- Ch 394 Vending Machines, Food
- Ch 398 Vibration
- Ch 401 Water
- Ch 403 Waterfronts
- Ch 406 Weapons
- Ch 409 Weeds
- Ch 414 Zoning
- Ch 414 Art XI Board of Commissioners
- § 414-67 Powers and duties.
- Disposition List
- Ch DL Disposition List
A.
Intent.
(1)
It is the intent of this article that all questions
of interpretation and enforcement shall first be presented to the
Construction Official (the administrative official) and that such
questions shall be presented to the Board of Adjustment only on appeal
from the decision of such administrative official and that recourse
from the decision of the Board of Adjustment shall be to the courts
as provided by law.
(2)
It is further the intent of this article that the
duties of the Board of Commissioners in connection with this article
shall not include hearing and deciding questions of interpretation
and enforcement that may arise. The procedure for deciding such questions
shall be as stated in this section and elsewhere in this chapter.
B.
Under this article the Board of Commissioners shall
have only the duties of:
(1)
Considering and adopting or rejecting proposed amendments
or the repeal of this chapter as provided by law.
(2)
Establishing a schedule of fees and charges as stated
elsewhere in this chapter.
(3)
Acting on use variances after approval by the Board
of Adjustment.
(4)
Acting on all other final decisions of the Board of
Adjustment or Planning Board on any other class of application for
development. Any such appeal shall be made within 10 days of the date
of the publication of such final decision. The appeal to the Board
of Commissioners shall be made by serving the Town Clerk in person
or by certified mail with a notice of appeal specifying the grounds
thereof and the name and address of the appellant and his attorney,
if represented. Such appeal shall be decided by the Board of Commissioners
only upon the record established before the Planning Board or Board
of Adjustment.
C.
Action by Board of Commissioners.
(1)
Notice of the meeting to review the record below shall
be given by the Board of Commissioners by personal service or certified
mail to the appellant, to those entitled to notice and to the board
from which the appeal is taken, at least 10 days prior to the date
of the meeting. The parties may submit oral or written arguments on
the record at such meeting.
(2)
The Board of Commissioners shall conclude a review
of the record below not later than 45 days from the date of receipt
of the transcript of the hearing, unless the appellant consents in
writing to an extension of such period. The applicant shall arrange
for a transcript for use by the Board of Commissioners. Failure of
the Board of Commissioners to hold a hearing and conclude a review
of the record below and to render a decision within such specified
period, without such written consent by the appellant, shall constitute
a decision affirming the action of the Board.
(3)
The Board of Commissioners may reverse, remand or
affirm, wholly or in part, or may modify the final decision of the
Planning Board or Board of Adjustment, as the case may be. The affirmative
vote of a majority of the full authorized membership of the Board
of Commissioners shall be necessary to reverse, remand or modify any
final decision of either board.
(4)
The Board of Commissioners shall mail a copy of the
decision to the applicant or, if represented, then to his attorney,
without separate charge and, for a reasonable charge, to any interested
party who has requested it, not later than 10 days after the date
of the decision.
