There is hereby established a Board of Adjustment consisting of seven residents of the City of Englewood. Two residents of the City of Englewood shall be appointed and designated as alternative members of the Board of Adjustment. No member of the Board of Adjustment may hold an elective office or position under the municipality. The appointments shall be made by the Mayor, subject to the consent and confirmation of the City Council. If the Mayor fails to make such appointment within 30 days after the expiration of a member's or alternate member's term or creation of a vacancy, or if the City Council fails to confirm such appointment after the expiration of said 30 days, the City Council shall make such appointment.
Alternate members of the Board of Adjustment shall be designated by the Chairperson as "Alternate No. 1" and "Alternate No. 2" and may attend and participate in all meetings of the Board. Such alternate members shall vote in rotation during the absence or disqualification of any regular member or members.
The term of each member shall be for four years. The term of each alternate member shall be for two years.
Regular members of the Board of Adjustment holding office on the effective date of this chapter shall continue in office until completion of their three-year terms as provided under prior law.
The term of the sixth member, who is not holding office as a regular member on the effective date of this chapter, shall be for one year; the term of the seventh member shall be for two years. All other appointments made after the effective date hereof shall be for four years.
All terms shall commence on January 1 of the year in which the appointment is made.
Vacancies occurring otherwise than by expiration of term shall be filled by appointment for the unexpired term.
The Board of Adjustment shall elect a Chairperson and Vice Chairperson from its members and shall also select a Secretary who may or may not be a member of the Board or a municipal employee.
There is hereby created the office of Attorney to the Board of Adjustment. The Board of Adjustment may annually appoint, fix the compensation of or agree upon the rate of compensation of the Board of Adjustment Attorney, who shall be an attorney other than the Municipal Attorney, provided that such compensation shall not exceed the amount appropriated by the City Council.
[Amended 6-29-2004 by Ord. No. 04-17]
The 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, however, exceed, exclusive of gifts, grants and contributions, including developers escrows, the amount appropriated by the governing body for its use, as certified by the Chief Financial Officer.
The Board of Adjustment shall have the powers granted by N.J.S.A. 40:55D-70.
In addition to the powers specified in § 250-26 of this article, the Board of Adjustment shall have all the powers and duties listed and enumerated in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), including, specifically, the following powers and duties:
To grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval when required in connection with a use variance properly before the Board of Adjustment pursuant to Subsection d of N.J.S.A. 40:55D-70.
To grant variances from the requirements of law that no permit shall be issued for any building or structure in the bed of any street, public drainageway, flood control basin or public area reserved on the Official Map. Such variances may be approved only if:
Such variance is approved by a majority of the fully authorized membership of the Board;
Unless a variance is granted, the parcel or parcels of land on which the mapped street, drainageway, flood control basin or reserved area is located cannot yield a reasonable return to the owner; and
The variance required will cause the least practicable increase in the cost of opening the street or will tend to cause the least change in the Official Map. The Board shall impose such reasonable requirements as conditions for granting such a variance as will promote the health, morals, safety and general welfare of the public.
To grant variances from the requirements of law that no permit for the erection of any building or structure be issued unless the lot abuts a street giving access to the proposed building or structure. Such a variance shall be granted only if the enforcement of such requirements of law would entail practical difficulties or undue hardship or where the circumstances of the case do not require the building or structure to be related to a street. Such variances may be granted subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Master Plan.
The Board shall adopt such bylaws, rules and regulations not inconsistent with this chapter as may be necessary to carry into effect the provisions and purposes of this chapter.
Four members shall constitute a quorum for the transaction of business; provided, however, that a smaller number may adjourn a meeting. Except as otherwise provided by law, the approval of any application for development by the Board of Adjustment shall require the affirmative vote of a majority of those present and voting, but in no event less than three affirmative votes.