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.
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.
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.