[Amended 1-23-1979 by Ord. No. 645]
A. Composition.
(1) The Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven permanent members
and two alternates, who shall be residents of the Borough of Caldwell appointed
by the Mayor and with the consent and approval of the Borough Council.
(2) The permanent members shall serve for terms of four years
from January 1 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 as determined by resolution of the governing
body, provided that the initial term of no member shall exceed four years.
Thereafter, the terms of each member shall be for four years.
(3) The terms of the alternate members, who shall be designated
as "Alternate Number 1" and "Alternate Number 2," shall be for two years from
January 1 from the year of their appointment. The terms of the alternate members
first appointed shall be so determined that to the greatest practicable extent
the expiration of such term shall be distributed evenly over the first two
years after their appointment as determined by resolution of the governing
body, provided that the initial term of no alternate member shall exceed two
years. The alternate members shall serve in rotation during the absence or
disqualification of any regular member or members. Alternate members may participate
in all discussions of the Board, but may not vote except in the absence or
disqualification of a regular member.
(4) 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 permanent member or alternate member of the Zoning
Board of Adjustment may hold any elected office or position under the municipality.
C. A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term only by appointment by the Mayor with
the approval and consent of the Borough Council.
D. Immediately upon adoption of this chapter, the Municipal
Clerk shall file a copy of this chapter with the County Planning Board as
required by law.
The Board of Adjustment shall elect a Chairman and Vice Chairman from
its members and shall also select a Secretary, who may either be a member
of the Board of Adjustment or a municipal employee designated by it.
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
Board shall not exceed the amount appropriated by the governing body in fixing
the compensation of the Attorney to the Zoning Board of Adjustment.
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.
In exercising the above-mentioned power, the Board of Adjustment may,
in conformity with provisions of c. 291, P.L. 1975, or amendments thereto or subsequent statutes applying, reverse
or affirm wholly or partly, or may modify the order, requirement, 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.
Any variance from the terms of this chapter hereafter granted by the
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 this chapter or unless
such permitted use has actually been commenced within one year from the date
of publication of the notice of the judgment or determination of the Board
of Adjustment; except, however, that the running of the 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 or such appeal
or proceeding.
The Board of Adjustment shall have such powers as are granted by law
to:
A. 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
250, Zoning.
B. Hear and decide requests for interpretation of the Map or Chapter
250, Zoning, or for decisions upon other special questions upon which such Board is authorized by Chapter
250, Zoning, to pass.
C. Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in Chapter
250, 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 hardships; 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 a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to Subsection 47a of the Municipal Land Use Law of 1975, Chapter 291, P.L. 1975 (N.J.S.A.40:55D-50a).
D. Variances.
(1) 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.
(2) 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
250, 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.