[Amended 2-8-1990 by Ord. No. 1099]
A. There is hereby established a Board of Adjustment
consisting of seven residents of the Borough of Palisades Park, appointed
by the Mayor and Council. No member of the Board of Adjustment shall
hold any municipal elective office or position nor shall any such
member be permitted to act on any matter in which he or she has, directly
or indirectly, any personal or financial interest.
B. There is hereby established the positions of four
alternate members, who shall also be residents of Palisades Park.
Such alternate members of the Board of Adjustment shall not hold any
municipal elective office or position nor shall any such member be
permitted to act on any matter in which he or she has, directly or
indirectly, any personal or financial interest.
[Amended 8-16-2005 by Ord. No. 1451]
[Amended 2-8-1990 by Ord. No. 1099; 8-16-2005 by Ord. No.
1451]
A. The term of each member shall be four years. Nothing
in this chapter shall, however, be construed to affect the terms of
any present members of the Zoning Board of Adjustment, all of whom
shall continue in office until the completion of the terms for which
they were appointed.
B. Alternate members shall be designated at the time
of appointment as "Alternate No. 1," "Alternate No. 2," "Alternate
No. 3" and "Alternate No. 4."
C. At the time of the initial appointment, one alternate
member shall be appointed for two years and one shall be appointed
for one year. Thereafter, the term of each alternate member shall
be for two years.
D. 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, then the alternate with the next lowest designation.
Vacancies occurring otherwise than by the expiration
of terms shall be filled for the unexpired terms only. Such appointments
shall be made in the same manner as full-term appointments are made.
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall also select a Secretary,
who may or may not be a member of the Board or a municipal employee.
There is hereby created the office of Attorney
to the Zoning Board of Adjustment. The Zoning Board of Adjustment
may annually appoint, fix the compensation of or agree upon the rate
of compensation of the Zoning Board of Adjustment Attorney, who shall
be an attorney other than the Municipal Attorney.
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.
The Zoning Board of Adjustment shall, in addition to the powers specified in §
167-22, have the power given by law to:
A. 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.
B. Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
C. 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 the Municipal Land Use Law or conditional
use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed
development requires approval by the Board of Adjustment of a variance
pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit
a separate application requesting approval of the variance and a subsequent
application for any required approval of a subdivision, site plan
or conditional use. The separate approval of the variance shall be
conditioned upon the grant of all required subsequent approvals by
the Board of Adjustment. No such subsequent approval shall be granted
unless such approval can be granted without substantial detriment
to the public good and without substantial impairment of the intent
and purpose of the zone plan and Zoning Ordinance. The number of votes of Board members required to grant
any such subsequent approval shall be as otherwise provided in the
Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) for the approval
in question, and the special vote pursuant to N.J.S.A. 40:55D-70d
shall not be required.
[Amended 11-8-1984 by Ord. No. 1006]
An appeal to the Zoning Board of Adjustment
may be taken by an interested party affected by a decision of the
administrative officer of the municipality based on or made in the
enforcement of the Zoning Ordinance or Official Map. Such appeal shall
be taken within 20 days by filing a notice of appeal with the officer
from whom the appeal was taken, together with 12 copies of said notice
with the Secretary of the Board of Adjustment. Said notice of appeal
shall specify the ordinances for said appeal. The officer from whom
the appeal is taken shall forthwith transmit to the Board all papers
constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action in respect
to which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the 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 cases, 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 due cause shown.
In exercising the above-mentioned powers, the
Board of Adjustment may, in conformity with the provisions of N.J.S.A.
40:55D-74, reverse or affirm, wholly or in part, or may modify the
action, order, requirement, decision, interpretation or determination
appealed from and, to that end, have all the powers of the officer
from whom the appeal was taken.