There shall be a Public Advocate to the Board
of Adjustment, and a Public Advocate to the Planning Board, both of
whom shall be attorneys at law admitted to practice law in New Jersey,
and who shall serve in one, but not both, positions.
The position of Alternate Public Advocate is
hereby established to create a pool of attorneys who may serve as
an alternate in the event of conflict, scheduling difficulties, or
other just cause. There shall be no more than two Alternate Public
Advocates in total.
The Public Advocate for the Board of Adjustment
and the Public Advocate for the Planning Board shall be appointed
by the Borough Council and shall report administratively to the Borough
Attorney.
Substantial public importance shall be defined,
or limited to, applications where the applicant is seeking relief
in any one of the following areas:
A. Applicant is seeking a use variance.
B. Applicant is seeking a major subdivision.
C. Applicant seeks three or more variances.
D. Applicant seeks a variance for parking.
E. Applicant seeks a variance within a special improvement
district.
F. Application of any nature involving property which
is contiguous to, or proximate to, land located in any district adjoining
parkland, wetlands, or a facility owned by the municipality or the
Board of Education.
G. Any application in which the applicant seeks to vacate
a street, road, right-of-way or similarly defined thoroughfare.
H. Any application in which the applicant seeks to create
a street, road, right-of-way or similarly defined thoroughfare, even
if on private property not then to be made a Borough street or road.
I. Application where a variance for density is being
sought.
J. Application that has been bifurcated and where one
part of the bifurcated application seeks relief set forth in these
subsections.
K. Applicant's parcel is within 200 feet of a state highway
or county road.
L. A developer's agreement is either contemplated by
the respective Board or its counsel, or is likely to result on the
basis of the past practice of the Board or the nature of the application,
as the Public Advocate shall determine from time to time, provided
the application also affects the health, safety or general welfare
of the Borough of Paramus or its population, as the Public Advocate,
or as provided by ordinance, so determines.
It is the intent of the Council of Paramus that
the resources of the Public Advocate be devoted to the maximum extent
possible to ensuring adequate representation of the interests of those
residents whose interests would otherwise be inadequately represented
in matters within the jurisdiction of the Planning and Zoning Boards,
and to represent those interests or rights arising from the Constitution
of the United States, decisions of court, common law, or other laws
of the United States or of this state, inhering in the citizens of
this state or in a broad class of such citizens.
The Public Advocate may employ expert witnesses
and pay appropriate compensation and expenses to employ the witnesses.
The Public Advocate, as allowed by law, shall authorize and approve
related necessary expenses of the Public Advocate. An escrow account
shall be instituted by the Chief Financial officer for the payment
of the expert witnesses and payment for that account. The escrow account
shall be compensated as described in the Borough Land Use Ordinance. Experts shall be taken, when available, from the pool
of experts first established by the Borough Council of Paramus and,
in the event of conflict, from other approved sources subject to the
Borough's usual emoluments.
The Public Advocate shall not appear before
the Borough's Planning Board or Zoning Board of Adjustment on any
application other than those enumerated herein.
The term of the Public Advocate shall expire
annually on December 31.
The Public Advocate to each such Board may attend
each work session, executive session, closed session, and public session
of the Board of Adjustment and the Planning Board. The Public Advocate
shall be entitled to speak, but not vote, at any such session that
he or she attends. The Public Advocate may enter items into the permanent
record of such Board upon application and approval of the Chair, and
if not approved by the Chair or a majority of the Board, shall be
entitled to make an offer of proof for the record, and/or fully describe
that for which inclusion is sought. The Public Advocate shall be provided
with the calendar for the Board as soon as the same is provisionally
complete, a brief summary of the nature of each application (as is
presently sent to each member of the applicable Board), the completed
file of each applicant, including a copy of the application, survey
and/or plans, and copies of all exhibits used, or to be used in connection
with any application, subject to the rules of the applicable Board.
It shall be the responsibility of the applicant to provide the Public
Advocate with a duplicate original application, together with all
supporting documents, and copies of the exhibits used or to be used.
If the Public Advocate shall require the use of a transcript, it shall
be at the expense of the applicant and shall be produced electronically
if requested, or on paper, and a copy also provided to the Board's
Attorney for his or her personal use.
If the Public Advocate is not timely provided
with the documentation required by this chapter to be provided by
the applicant, the Public Advocate may request, in writing or on oral
application, that the matter be carried to the next meeting of the
applicable Board, the time therefor to be charged against the applicant.
Any additional cost therefor, including review fees by other Borough
professionals or appointees, shall be chargeable to the applicant's
escrow deposit, and shall be paid by the applicant prior to memorialization
of any determination by the Board and/or the granting of any permit
authorized by law.
All resolutions of the Board of Adjustment and
the Planning Board shall provide that before they shall have effect,
all escrow fees and bills, including those of the Public Advocate,
shall be paid by the applicant.