A.
Composition. A Zoning Board of Adjustment is hereby
established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of
seven residents of the Town of West New York appointed by the governing
body to serve for terms of four years from the first day 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 member of the Zoning 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 Zoning Board of Adjustment may hold
any elective office or position under the municipality.
C.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
D.
Alternate members. Two other citizens of the municipality
shall be appointed by the Mayor to be alternate members to the Zoning
Board of Adjustment. Alternate members shall hold no other municipal
office and shall meet the qualifications of general members of the
office. Alternate members may participate in discussions of the proceedings
but may not vote, except in the absence or disqualification of any
class of member of the Board Adjustment. A vote shall not be delayed
in order that the regular member may vote instead of the alternate
member. Alternates shall be designated as Alternate No. 1 and Alternate
No. 2 at the time of their appointment. In the event that a choice
must be made as to which member is to vote, Alternate No. 1 shall
vote in the absence of one member if Alternate No. 1 is present. If
two members are absent Alternate No. 1 and Alternate No. 2 may vote.
In the event that Alternate No. 1 is absent and Alternate No. 2 is
present, Alternate No. 2 shall vote. The term of office for an alternate
member shall be three years from the date of his/her appointment.
[Added 8-13-2003 by Ord. No. 10-03]
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 Board member or another municipal employee.
The Zoning Board of Adjustment may also employ
or contract for and fix the compensation of such experts and other
staff and services as it may deem necessary. The Board shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
The Board 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 Zoning 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.
The Zoning Board of Adjustment shall have such powers
as are granted by law to:
(1)
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 414, Zoning.
(3)
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 in Chapter 414, Zoning, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to grant upon an application or an appeal relating to such property, a variance from such strict application, so as to relieve such difficulties or hardship; 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 further provided that the proposed development does not require approval by the Planning Board of 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 of the Municipal Land Use Law of 1975 (c. 291, P.L. 1975).
(4)
Grant a variance to allow a structure or use in a
district restricted against such structure or use in particular cases
and for special reasons, but only by the affirmative vote of at least
2/3 of the full authorized membership of the Board.
(5)
No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Chapter 414, Zoning. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
C.
The Zoning Board of Adjustment shall in addition to the powers specified in Subsections A and B have power given by law to:
(1)
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.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
(3)
The Zoning Board of Adjustment shall have the power
to grant, to the same extent and subject to the same restrictions
as the Planning Board, subdivision or site plan approval pursuant
to Article 6 of c. 291, P.L. 1975[1] or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a use variance pursuant to Subsection C.
[1]
Editor's Note: N.J.S.A. 40:55D-37 et seq.
D.
An application under this section may be referred
to any appropriate person or agency, including the Planning Board,
pursuant to N.J.S.A. 40:55D-26, for its report, provided that such
reference shall not extend the period of time within which the Zoning
Board of Adjustment shall act.
A.
Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved, interested party, or by an officer, department, board or bureau of the municipality affected by any decision of the administrative officer, based upon or made in the enforcement of Chapter 414, Zoning, or Official Map. Each appeal shall be taken within the 65 days prescribed by the 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 Town Clerk. 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 all the papers constituting the record upon which the action appealed from was taken.
B.
A developer may file an application for development
with the Board of Adjustment for action under any of its powers without
prior application to an administrative officer. 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 Board of Adjustment. Eight 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 provision 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 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 stays 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
Zoning 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 case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of Adjustment
or by the Superior Court of New Jersey on application or notice to
the officer from whom the appeal is taken and on good cause shown.
Public notice on any application for variances
shall be given in accordance with N.J.S.A. 40:55D-12.
In exercising the above-mentioned power, the
Board of Adjustment may, in conformity with the provisions of c. 291,
P.L. 1975[1] or amendments thereto or subsequent statutes applying,
reverse or affirm, wholly or partly, or may modify the order, requirements,
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.
[1]
Editor's Note: N.J.S.A. 40:55D-1 et seq.
Any variance from the terms of this chapter
hereafter granted by the Zoning Board of Adjustment 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 nine months
from the date of entry of the judgment or determination of the Board
of Adjustment; except, however, that the running 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.
A.
The Zoning 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-70(b).
B.
Failure of the Board to render a decision within such
one-hundred-twenty-day period or within such further time as may be
consented to by the applicant shall constitute a decision favorable
to the applicant.
Whenever review or approval of the application
by the County Planning Board is required by Section 5 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Municipal Board of Adjustment shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time.
