A.
A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven regular
members and four alternate members, appointed by the Mayor with the
advice and consent of the Borough Council, none of whom shall hold
any elective office or appointive position under the Borough of Closter.
[Amended 3-9-2005 by Ord. No. 2005-931]
B.
The members of the Board of Adjustment as heretofore
established shall constitute the regular members of said Board, and
the terms of said members are hereby continued until the respective
dates of expiration of the terms to which said members were appointed.
Subsequent appointments of regular members, except to fill vacancies
occurring during a term, shall be made for terms of three years, commencing
January 1 of the year in which the appointment is made.
C.
The four alternate members first appointed to the
Board of Adjustment shall be appointed to terms as follows: Two alternate
members shall be appointed to a term of one year, each term to commence
on January 1 of the year in which said alternate members are appointed
and two alternate members shall be appointed to a term of two years,
each term to commence on January 1 of the year in which said alternate
members are appointed. Subsequent appointments of alternate members,
except to fill vacancies occurring during a term, shall be for a term
of two years, to take effect January 1 of the year in which the alternate
member is appointed. The terms of not more than two alternate members
shall expire in any one year.
[Amended 3-9-2005 by Ord. No. 2005-931]
D.
All vacancies in office on the Board of Adjustment
arising from or created by any cause other than expiration of term
of office shall be filled for the unexpired term only. Such vacancies
shall be filled in the manner hereinafter provided for making appointments.
E.
Regular and alternate members of the Board of Adjustment
shall be appointed pursuant to and in accordance with the procedures
provided by New Jersey law.
[Amended 3-9-2005 by Ord. No. 2005-931]
F.
Regular and alternate members of the Board of Adjustment
shall be removable for cause by the Borough Council of the Borough
of Closter upon written charges and after public hearing.
G.
The Chairman of the Zoning Board of Adjustment shall
designate the alternate members as "Alternate No. 1," "Alternate No.
2," Alternate No. 3" and "Alternate No. 4." The alternate members
shall serve in rotation, whenever possible, during the absence or
disqualification of any regular member or members of the Board. In
no case, however, shall more than seven members of the Board hear,
act upon or determine any matter appealed or presented to the Board
for its official action; provided however, that the presence of alternate
members shall not affect or disturb quorum, voting or other procedural
requirements when any case is heard by the seven regular members of
the Board.
[Amended 3-9-2005 by Ord. No. 2005-931]
H.
Unless it is otherwise expressly provided or there
is something in the subject or context repugnant to such construction,
the terms "Board of Adjustment" and "Board," when used in this chapter,
shall be deemed to mean any combination of regular and alternate members
constituting the Board on any given occasion.
The Board of Adjustment shall adopt such rules
and regulations as it may deem necessary to govern its procedure.
Meetings of the Board shall be held at the call of the Chairman and
at such other times as the Board may determine. The Chairman of the
Board or, in his or her absence, the Acting Chairman shall have power
to issue subpoenas for the attendance of witnesses and the production
of records and may administer oaths. Upon the failure of any person
to answer in response to a subpoena of such officer, application may
be made to the Supreme Court or any Justice thereof for an order compelling
the attendance of such witnesses. All meetings of the Board shall
be open to the public. The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact and shall keep records of its
examinations and other official actions, all of which shall be immediately
filed in the office of the Board and shall be a public record.
Appeals to the Board of Adjustment may be taken
by any person aggrieved or by any officer, department or board of
the Borough of Closter affected by any decision of the Zoning Officer.
Such appeal shall be taken within a reasonable time, as provided by
the rules of the Board, by filing with the Board of Adjustment and
Zoning Officer a notice of appeal specifying the grounds thereof.
The Zoning Officer shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
An appeal shall stay all proceedings and the
Board of Adjustment shall fix a reasonable time for the hearing, giving
due notice to the applicant. Said applicant shall, at least five days
prior to the time for hearing, give personal notice to all owners
of property within 200 feet of the property to be affected by the
appeal. Personal notice shall be by handing the notice to the property
owner or by leaving a copy at the owner's usual place of abode when
the property owner is a resident of the Borough of Closter. Where
the property owner is a nonresident of the Borough, notice shall be
by registered mail to the address shown on the most recent tax list
of the Borough or the last known address of said owner. Service on
one partner shall be sufficient for a partnership, and service upon
an officer shall be sufficient for service on a corporation. At the
time of the hearing, the appellant shall file an affidavit following
proper serving of notice. Any party may appear at the hearing, in
person or by agent or attorney.
The Board of Adjustment shall render its decision
within 60 days from the date of hearing.
In addition to the above powers and duties,
the Board of Adjustment shall have the power to hear and decide cases
and assume the powers granted to them by the Laws of the State of
New Jersey as set forth in N.J.S.A. 40:55D-36 to 40:55D-46, and all
other laws now in existence or to be hereafter enacted pertaining
to said Board of Adjustment and its powers and duties.
