[Added 2-6-1979 by Ord. No. 1954; amended 9-21-2004 by Ord. No.
2848]
A. Provision is hereby made for the appointment of not
more than four alternate members. Alternate members shall be designated
by the Chairman as "Alternate No. 1," "Alternate No. 2," "Alternate
No. 3," and "Alternate No. 4" and shall serve in rotation during the
absence or disqualification of any regular member or members. The
term of each alternate member shall be two years.
B. Alternate members may participate in all matters but
may not vote except in the absence of or disqualification of a regular
member. Participation of alternate members shall not be deemed to
increase the size of the Zoning Board of Adjustment established hereby.
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 members shall
vote in the order of their numerical designations.
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, 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.
In exercising the above-mentioned power, the
Board of Adjustment may, in conformity with the 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 order, requirement,
decision or determination as ought to be made, and to that end have
all the powers of the Zoning 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 said variance, 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
of such appeal or proceeding.