[Amended 12-19-1996 by Ord. No. 96-14]
A. Establishment; terms.
(1) A Board of Adjustment is hereby established consisting
of seven members and two alternate members. A member may, after public
hearing if he requests it, be removed by the governing body for cause.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
(2) Terms.
(a)
The terms of the members shall be as follows:
[1]
Two regular members shall be appointed for four-year
terms effective January 1, 1987.
[2]
One regular member shall be appointed effective
January 1, 1987, for a one-year term.
[3]
One regular member shall be appointed January
1, 1988, for a four-year term.
[4]
Two regular members shall be appointed effective
January 1, 1989, for four-year terms.
[5]
Two regular members shall be appointed effective
January 1, 1989, for one-year terms.
[6]
Two regular members shall be appointed effective
January 1, 1990, for four-year terms.
(b)
Thereafter the term of each regular member shall
be four years.
B. Chairman, Vice Chairman and Secretary; duties and
compensation.
[Amended 5-10-2012 by Ord. No. 2012-06]
(1) The
Board of Adjustment shall elect a Chairman and Vice Chairman from
its members and select a Secretary who may or may not be a member
of the Board of Adjustment or a municipal employee. The Chairman shall
conduct all public meetings and shall serve without compensation.
The Vice Chairman shall assume the duties of the Chairman in his or
her absence and shall also serve without compensation. The Secretary
shall maintain all notes, records and minutes of all meetings, prepare
all meeting agendas, receive and assemble all development applications,
correspond and communicate with all applicants and Board members,
and prepare reports and other correspondence or materials at the direction
of the Board. All shall serve until December 31 of the year of their
appointment or until such time that their terms shall expire as a
matter of law and/or their successors are appointed.
(2) The
Board of Adjustment Secretary shall receive compensation as set by
the Township Committee in the Salary Ordinance.
C. No member of the Zoning Board of Adjustment may hold
any elective office or position under the municipality.
D. 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 Township Committee.
E. There is hereby established pursuant to P.L. 1979,
c. 216, alternate members for the Township of South Hackensack
Board of Adjustment. There shall be two alternate members for the
Township of South Hackensack Board of Adjustment.
F. 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 designated 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 appointing
authority as regular members.
G. 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 may employ, or contract
for, and fix the compensation of legal counsel, experts and other
staff and services as it shall deem necessary, not exceeding, exclusive
of gifts or grants, the amount appropriated by the Township Committee
for its use.
The Board of Adjustment may reverse or affirm,
wholly or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from, and to that end the
Board shall have all the powers of the administrative officer from
whom the appeal is taken. An appeal shall stay all proceedings in
furtherance of the action in respect to which the decision appealed
from was made unless the officer from whose action the appeal was
taken certifies to the Board, after the notice of appeal shall have
been filed with him or her, that by reason of facts stated in the
certificate a stay would, in his or her opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court upon notice to the officer
from whom the appeal is taken and on due cause shown.
The Board of Adjustment shall refer any applications
submitted pursuant to N.J.S.A. 40:55D-76 to any appropriate person
or agency for its report, provided that such reference shall not extend
the period of time within which the Board of Adjustment shall act.
Said Board of Adjustment may, in appropriate
cases, make special exceptions to the terms of this chapter, in harmony
with its general purpose and intent, provided that no special exception
shall be made in respect to any premises or structure or the use thereof
unless the same abuts and is not more than 150 feet from the boundary
of any established district where such structure or use is authorized
by the terms of this chapter.
[Added 1-21-1994; amended 2-17-1994]
Except as to applications relating to owner
occupied one- and two-family dwellings, no application under any article
of this chapter or any other application as may be permitted or required
by law shall be either deemed complete or entertained unless and until
the applicant has filed with that application written certification
of the Collector that all taxes, assessments and other charges levied
by the Township against the premises which are the subject of the
application are currently paid in full.