Closter City Zoning Code
ARTICLE XIX
Board of Adjustment
§ 200-81 Composition; terms.
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.
§ 200-82 Procedure rules; meetings; records.
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.
§ 200-83 Appeals.
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.
§ 200-84 Notices of appeal; serving.
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.
§ 200-85 Timely decision.
The Board of Adjustment shall render its decision within 60 days from the date of hearing.
§ 200-86 Additional powers.
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.