No member of the Zoning Board of Adjustment may hold any elective office
or position under the municipality.
A vacancy occurring otherwise than by expiration of term shall be filled
for the unexpired term only.
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 Board
member or another municipal employee.
There is hereby created the office of Attorney to the Zoning Board of
Adjustment. The Zoning Board of Adjustment may annually appoint and 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.
No member of the Zoning Board of Adjustment shall act on any matter
in which he has, either directly or indirectly, any personal or financial
interest. Whenever any such member shall disqualify himself from acting on
a particular matter, he shall not continue to sit with the Board on the hearing
of such matter nor participate in any discussion or decision relating thereto.
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the Board and of
the persons appearing by an attorney, the action taken by the Board, the findings,
if any, made by it and reasons therefor. The minutes shall thereafter be made
available for public inspection during normal business hours at the office
of the Municipal Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged a
fee for reproduction of the minutes for his use as provided for in the rules
of the Board.
Fees for applications or for the rendering of any service by the Zoning
Board of Adjustment or any member of its administrative staff, which are not
otherwise provided by ordinance, may be provided for and adopted as part of
the rules of the Board, and copies of said rules or of the separate fee schedule
shall be available to the public. Any existing fee for such services already
provided for by administrative rules or by resolution or ordinance shall remain
the same.