A.
A Board of Adjustment is hereby established pursuant to N.J.S.A.
40:55D-69 et seq., consisting of seven residents of the Borough of
Demarest appointed by the Mayor and subject to confirmation by the
Council to serve for terms of four years from January 1 of the year
of their appointment. The terms of the members first appointed shall
be so determined that to the greatest practicable extent the expiration
of such terms shall be distributed evenly over the first four years
after their appointment, provided that the initial term of no member
shall exceed four years. Thereafter, the term of each member shall
be for four years. Nothing in this chapter shall, however, be construed
to affect the term of any present members of the Board of Adjustment,
all of whom shall continue in office until the completion of the term
for which they were appointed.
B.
No member of the Board of Adjustment may hold any elective office
or position under the municipality. A vacancy occurring otherwise
than by expiration of term shall be filled for the unexpired term
only. The vacancy shall be filled by appointment by the Mayor subject
to confirmation by the Council.
C.
There are hereby established two alternate members for the Borough
of Demarest Board of Adjustment.
D.
The term of office of each of the alternate members shall be for
two years, except that the initial terms of such alternate members
shall be one year and two years, as designed by the appointing authority.
Alternate members shall be designated at the time of appointment by
the authority appointing them as "Alternate No. 1" and "Alternate
No. 2." Alternate members shall be appointed by the same authority
as regular members.
E.
Alternate members may participate in discussions of the proceedings
but may not vote, except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall also select a Secretary, who may be either
a member of the Board of Adjustment or a municipal employee designated
by it.
There is hereby created the office of Board of Adjustment Attorney.
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.
The Board shall not authorize expenditures which exceed, exclusive
of gifts, the amount appropriated by the governing body for its use.
The Board of Adjustment may employ or contract for and fix the
compensation of such experts and other staff and services as it may
deem necessary. The Board of Adjustment shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for its use.
The Board of Adjustment shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A.
The powers of the Board of Adjustment shall be in accordance with
N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto,
and with the provisions of this chapter.
B.
It is further the intent of this chapter to confer upon the Board
of Adjustment as full and complete powers as may lawfully be conferred
upon such Board, including, not by way of limitation, the authority,
in connection with any case, action or proceedings before the Board
of Adjustment, to interpret and construe the provisions of this chapter,
or any term, clause, sentence or word hereof, and the Zoning Map,
in accordance with the general rules of construction, applicable to
legislative enactments.
C.
The Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of Chapter 175, Zoning, in accordance with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Board of Adjustment having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in the Municipal Land Use Law, as amended or supplemented, in such case made and provided, and it shall from time to time furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board of Adjustment for its decision thereon.
A.
Appeals to the Board of Adjustment may be taken by an interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of Chapter 175, Zoning, or Official Map. Each appeal shall be taken within 20 days prescribed by statute by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
B.
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an administrative officer
shall be filed with the Secretary of the Zoning Board of Adjustment.
Four copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provisions of
this chapter or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the Secretary of the Zoning
Board of Adjustment. The Secretary of the Board of Adjustment shall
inform the applicant of the steps to be taken to initiate proceedings
and of the regular meeting dates of the Board.
C.
An appeal to the Board of Adjustment shall stay all proceedings in
furtherance of the action in respect of which the decision appealed
from was made, unless the officer from whom the appeal is taken certifies
to the Board of Adjustment after the notice of appeal shall have been
filed with him that by reason of facts stated in the certificate a
stay would, in his opinion, cause imminent peril to life or property.
In such cases, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of Adjustment
or the Superior Court of New Jersey on application or notice to the
officer from whom the appeal is taken and on due cause shown.
In exercising the above-mentioned power, the Board of Adjustment
may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from and make such
other requirement, decision or determination as ought to be made,
and to that end have all the powers of the administrative officer
from whom the appeal was taken.
Any variance granted by the Board of Adjustment or Planning
Board permitting the erection or alteration of any structure or structures
or permitting a specified use of any premises shall expire by limitation
unless such construction or alteration shall have been actually commenced
on each and every structure permitted by said variance, or unless
such permitted use has actually been commenced, within one year from
the date of publication of the notice of the judgment or determination
of the Board of Adjustment or Planning Board; except, however, that
the running of the period of limitation herein provided shall be tolled
from the date of filing an appeal from the decision of the Board of
Adjustment to the governing body, or to a court of competent jurisdiction,
until the termination in any manner of such appeal or proceeding.
The Board of Adjustment shall have such powers as are granted
by law to:
A.
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 175, Zoning.
C.
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property or by reason of exceptional topographic
conditions, or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation pursuant to N.J.S.A. 40:55D-62 to N.J.S.A. 40:55D-68
would result in peculiar and exceptional practical difficulties to
or exceptional and undue hardship upon the developer of such property,
grant, upon an application or an appeal relating to such property,
a variance from such strict application of such regulation so as to
relieve such difficulties or hardship, including a variance for a
conditional use; provided, however, that no variance shall be granted
under this subsection to allow a structure or use in a district restricted
against such structure or use, and provided further that the proposed
development does not require approval by the Planning Board of a subdivision,
site plan or conditional use in conjunction with which the Planning
Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60.
D.
In particular cases and for special reasons, grant a variance to
allow departure from regulations pursuant to N.J.S.A. 40:55D-62 to
N.J.S.A. 40:55D-68, including but not limited to allowing a structure
or use in a district restricted against such structure or use, but
only by affirmative vote of at least five members.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 27-21, have the power by law to:
A.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
B.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
The Board of Adjustment shall render its decision not later
than 120 days after the date an appeal is taken from the decision
of an administrative officer, or the submission of a complete application
for development to the Board pursuant to the provisions of N.J.S.A.
40:55D-72b. Failure of the Board to render a decision within such
120-day period or within such further time as may be consented to
by the applicant shall constitute a decision favorable to the applicant.
