[Amended 10-26-1978 by Ord. No. 78-15; 3-13-1986 by Ord. No. 86-6; 3-26-1992 by Ord. No. 92-5]
A. A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A.
40:55D-69, consisting of seven regular members and two alternate members,
all of whom shall be duly appointed by the Borough Council and shall
be residents of the Borough.
B. The terms of the regular members so appointed shall be for four years
from January 1 of the year of their appointment. The terms of the
alternate members so appointed shall be for two 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, in the case of regular members,
shall be distributed evenly over the first four years after their
appointment and, in the case of alternate members, shall be distributed
evenly over the first two years after their appointment, provided
that the initial term of no regular member shall exceed four years
and the initial term of no alternate member shall exceed two years.
Thereafter, the term of each regular member shall be four years and
the term of each alternate member shall be two years. Nothing in this
section shall, however, be construed to affect the term of any legally
appointed present member of the Zoning Board of Adjustment, all of
whom, so appointed, shall continue in office until the completion
of the term for which they were so appointed.
C. No member of the Zoning Board of Adjustment may hold any elective
office or position under the municipality.
D. A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
E. Alternate members shall be designated at the time of appointment
by the authority appointing them as "Alternate No. 1" and "Alternate
No. 2." Alternate members may participate in all matters but may not
vote except in the absence 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 by this section
pursuant to N.J.S.A. 40:55D-69. 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 Board shall not, however, exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for said position.
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 Investigation
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
In granting subdivision or site plan approval in connection with a use variance, the Board of Adjustment shall follow the same procedures as the Planning Board as contained in Article
II, §§
75-13 through
75-15.
Public notice on any application for variances shall be given
in accordance with N.J.S.A. 40:55D-12.
In exercising the above-mentioned power, the Board of Adjustment
may, in conformity with the provisions of P.L. 1975, c. 291, 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 Zoning 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 entry of the judgment or determination
of the Board of Adjustment; except, however, that in the case of a
use variance which also involves a subdivision or site plan, approval
of the variance shall extend for the full period of preliminary approval,
i.e., three years; and 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.
[Amended 12-20-1993 by Ord. No. 93-19]
The Board of Adjustment may refer any application to any appropriate
person or agency for its report, provided that such reference shall
not extend the period of time within which the Board of Adjustment
shall act.
Whenever review or approval of the application by the County
Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.3) in the case of a subdivision or Section 8 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.6) in the case of a site plan, the Municipal
Board of Adjustment shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board or approval by the County Planning Board by its failure
to report thereon within the required time. In the case of other variances,
the County Planning Board shall be notified of any application which
fronts on an existing or proposed county road, adjoins other county
land or is within 200 feet of a municipal boundary.