The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall also select a secretary
who may but need not be a Board member or another Borough 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 Borough 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 that exceed, exclusive of gifts or grants, the amount
appropriated by the Borough Council 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 the provisions of N.J.S.A.
40:55D-74, as amended and/or supplemented from time to time, reverse
or affirm wholly or partly or may modify the order, 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.
The Board of Adjustment shall have the powers
as are granted by N.J.S.A. 40:55D-70, as amended and/or supplemented
from time to time to:
A. Hear and decide appeals where it is alleged by the applicant 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
560, Zoning.
B. Hear and decide request for interpretation of the map or Chapter
560, Zoning, or for decisions upon other special questions upon which such Board is authorized by the Zoning Chapter to decide.
C. Grant variances from the strict application of the
zoning regulations where appropriate.
The Zoning Board of Adjustment shall, in addition to the powers specified in §
345-18, have 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 which does not abut a street giving access
to such building or structure.
C. Grant, to the same extent and subject to the same
restrictions as the Planning Board, subdivision or site plan approval
pursuant to N.J.S.A. 40:55D-37 as amended and/or supplemented from
time to time.