[Amended 7-23-2019 by Ord. No. 19-09]
A.
There is hereby established a Board of Adjustment consisting of seven
residents of the City of Englewood. Four 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 a 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.
B.
Alternate members of the Board of Adjustment shall be designated
by the Chairperson as "Alternate No. 1," "Alternate No. 2," "Alternate
3" and "Alternate 4" 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.
A.
The term of each member shall be for four years. The term of each
alternate member shall be for two years.
B.
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.
C.
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.
D.
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:
A.
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.
B.
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:
(1)
Such variance is approved by a majority of the fully authorized membership
of the Board;
(2)
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
(3)
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.
C.
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.
