[Ord. #437; Ord. #572-80]
There shall be a board of adjustment (sometimes also referred
to as the zoning board) to be known as "The Hopewell Township Board
of Adjustment."
[Ord. #437; Ord. #554-80; Ord. #572-80]
There shall be seven regular members and two alternate members
who shall not hold any elective office or position under the township,
except that one member may also be a member of the planning board.
[Ord. #437; Ord. #554-80; Ord. #572-80]
Each regular member shall serve for a term of four years. The
initial terms of the members first appointed after August 1, 1976,
shall be so determined that to the greatest practicable extent, the
expiration of the terms of all regular members shall be distributed
evenly over the first four years after their appointment, provided
the initial term of no member shall exceed four years.
Alternate members shall be designated at the time of appointment
as "Alternate No. 1" and "Alternate No. 2" and shall be appointed
for a period of two years except that the expiration of such terms
shall be distributed evenly over the first two years after their appointment.
[Ord. #437; Ord. #554-80; Ord. #572-80]
The board of adjustment shall have the power to grant variances and other relief as provided in Chapter 17 and as otherwise provided by law.
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.
[Ord. #437; Ord. #572-80]
The board of adjustment shall annually elect a chairman and
a vice-chairman from its members and select a secretary and an assistant
secretary who may or may not be a member of the board of adjustment
or a municipal employee. Within the limits of appropriations made
available to it the board of adjustment may employ or contract for,
and fix the compensation of an attorney, other than the township attorney,
and experts and other staff and services as it shall deem necessary.
[Ord. #437; Ord. #572-80]
The board of adjustment shall adopt, and may amend, reasonable
rules and regulations, not inconsistent with any applicable ordinance
or other legal requirement, for the administration of its functions,
powers and duties. It shall furnish a copy thereof to any person upon
request and may charge a reasonable fee for such copy. Copies of all
such rules and regulations and amendments thereto shall be maintained
in the office of township administrator.
[Ord. #437; Ord. #572-80; Ord. #662-84, § 1]
The board of adjustment shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by the board. Regular meetings shall be scheduled not less than once a month and shall be held as scheduled unless cancelled for lack of applications for development to process. Special meetings may be called by the chairman, or on the request of any two members of the board provided that notice is given to its members and the public in accordance with applicable regulations. No action shall be taken at any meeting without a quorum being present. A quorum shall be the majority of the full authorized membership of the board. All actions shall be taken by a majority vote of a quorum except as otherwise specified by law. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of sections 17-5 or 17-53d shall be an action denying the application.
[Ord. #437; Ord. #572-80]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
board and of the persons appearing by attorney, the action taken by
the board, the findings, if any, made by it and reasons therefore.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the township administrator.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes for his use.
[Ord. #437; Ord. #572-80]
No member of the board of adjustment shall be permitted to act
on any matter in which he has, either directly or indirectly, any
personal or financial interest.
[Ord. #615-82]
Every application or appeal submitted to the zoning board of
adjustment shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application in order that formal action can
be taken with regard to the application or appeal.
