[HISTORY: Adopted by the Mayor and Council of the Borough
of Oradell 7-28-2009 by Ord. No. 09-05. Amendments noted where applicable.]
The Mayor and Council of the Borough of Oradell may appoint
one or more Public Advocates to the Zoning Board of Adjustment who
shall be attorneys at law admitted to practice law in the State of
New Jersey.
The Public Advocate for the Board of Adjustment shall be appointed
by the Mayor with the advice and consent of the Borough Council and
shall report administratively to the Borough Attorney. The Public
Advocate will be appointed to represent the public on a specific application
pending before the Board.
A.
The Public Advocate to the Board of Adjustment may appear before
such Board, and before such federal, state, county and municipal agencies
and/or courts, as the circumstances warrant, in order to represent
and advocate the public interest, not individual interests, in proceedings
of substantial importance which he or she shall determine, in his
or her sole discretion, warrant representation and advocacy, subject
to this chapter.
B.
Such advocate shall review applications initially determined by objective
criteria to potentially involve the Public Advocate; review and prepare
documents and inspections of developments under construction to the
extent that this chapter determines it to be beyond the scope of the
expertise of the professionals normally utilized by the municipality,
or as may otherwise be provided for by law. To the extent that such
Public Advocate is required to review applications, prepare documents
or otherwise perform services, it shall be at the cost and expense
of the applicant. The rate for municipal work set by the Borough Council
from time to time shall apply and be payable by voucher.
C.
Each payment charged to the deposit for review of applications, review
and preparation of documents and inspection of improvements shall
be pursuant to a voucher from the professional, which voucher shall
identify the personnel performing the service, and for each date the
services are performed, the hours spent, to one-tenth-hour increments,
the hourly rate and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with schedules and procedures established
by the Chief Financial Officer of the municipality.
Substantial public importance shall be defined, or limited to,
applications where the applicant is seeking relief in any one of the
following areas:
A.
The applicant is seeking a use variance.
B.
The applicant is seeking a major subdivision.
C.
The applicant seeks three or more variances.
D.
The applicant seeks a variance for parking.
E.
Application of any nature involving property which is contiguous
to, or proximate to, land located in any district adjoining parkland,
wetlands or a facility owned by the municipality or the Board of Education.
F.
Any application in which the applicant seeks to vacate a street,
road, right-of-way or similarly defined thoroughfare.
G.
Any application in which the applicant seeks to create a street,
road, right-of-way or similarly defined thoroughfare, even if on private
property not then to be made a Borough street or road.
H.
Application where a variance for density is being sought.
I.
Application that has been bifurcated and where one part of the bifurcated
application seeks relief set forth in these subsections.
J.
The applicant's parcel is within 200 feet of a state highway
or county road.
K.
A developer's agreement is either contemplated by the respective
Board or its counsel, or is likely to result on the basis of the past
practice of the Board or the nature of the application, as the Public
Advocate shall determine from time to time, provided the application
also affects the health, safety or general welfare of the Borough
of Oradell or its population, as the Public Advocate, or as provided
by ordinance, so determines.
The Public Advocate shall fully participate in any matter before
the Board when a majority of the Council so directs.
It is the intent of the Mayor and Council of the Borough of
Oradell that the resources of the Public Advocate be devoted, to the
maximum extent possible, to ensuring adequate representation of the
interests of those residents whose interests would otherwise be inadequately
represented in matters within the jurisdiction of the Zoning Board
of Adjustment and to representing those interests or rights arising
from the Constitution of the United States, decisions of court, common
law or other laws of the United States or of this state, inhering
in the citizens of this state or in a broad class of such citizens.
A.
The Public Advocate shall be appointed by the Mayor with the advice
and consent of the Borough Council, but shall not operate in any manner
under the direction or control of the Mayor and Borough Council, except
as to its financing and as otherwise stated herein.
B.
The Public Advocate shall exercise his or her discretion as to the
importance and the extent of the public interest and whether that
interest would be adequately represented and advocated without his
or her action.
C.
It is intended that the creation of the position of Public Advocate
shall be to ensure that a full, fair and balanced record be made in
such matters of substantial public importance, with all of the competent
evidence bearing upon the issues being presented to the Zoning Board
of Adjustment, tested as to its relevancy, competency, materiality
and credibility, so that such Board and such other federal, state,
county and municipal agencies, the Borough Mayor and Council (as applicable)
and the courts (whether trial or appellate) will have the benefit
of a fully developed record of the proceedings containing all of the
testimony, and evidence, of a fair, unbiased and impartial decision
in accordance with all of the applicable laws and rules and to insure
that the public interest, and not individual interests, will be adequately
represented and better served.
A.
When the interests of consumers differ, the Public Advocate shall
give priority to representing the interests of consumers in the following
order:
B.
This subsection does not require the Public Advocate to represent
the interests of a consumer or group of consumers if the Public Advocate
determines that such representation is adverse to the overall interests
of the using and consuming public.
The Public Advocate may employ expert witnesses only upon approval
of such expenditures by the Borough Administrator.
The Public Advocate shall not appear before the Borough's
Zoning Board of Adjustment on any application other than those specifically
authorized by the Mayor and Council.
Compensation to the Public Advocate shall be paid as provided
for in the municipal budget under the Legal Department and as approved
by resolution of the Borough Council.
The Public Advocate may attend each public meeting of the Board
of Adjustment, as permitted by law, during which the application for
which he or she was appointed is to be discussed. The Public Advocate
shall be entitled to speak, but not vote, at any such meeting that
he or she attends. The Public Advocate may enter items into the permanent
record of the Board upon application and approval of the Chair, and
if not approved by the Chair or a majority of the Board, he or she
shall be entitled to make an offer of proof for the record and/or
fully describe that for which inclusion is sought. The Public Advocate
shall be provided with the completed file of the application for which
he or she was appointed, including a copy of the survey and/or plans,
and copies of all exhibits used, or to be used in connection with
any application, subject to the rules of the Board. It shall be the
responsibility of the applicant to provide the Public Advocate with
a duplicate original application, together with all supporting documents,
and copies of the exhibits used or to be used.
If the Public Advocate is not timely provided with the documentation
required by this chapter to be provided by the applicant, the Public
Advocate may request, in writing or on oral application, that the
matter be carried to the next meeting of the applicable Board, the
time therefor to be charged against the applicant. Any additional
cost therefor, including review fees by other Borough professionals
or appointees, shall be chargeable to the applicant's escrow
deposit and shall be paid by the applicant prior to memorialization
of any determination by the Board and/or the granting of any permit
authorized by law.
