[Amended 6-10-1987 by Ord. No. 5-13-87]
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 two
alternate members who are residents of the Borough of Haledon, appointed by
the Mayor to serve for terms of four years from January 1 of the year of their
appointment. Alternate members shall be designated at the time of their appointment,
by the authority appointing them, as "Alternate Number 1" and "Alternate Number
2." The terms of the members first appointed shall be so determined that,
to the greatest practicable extent, the expiration of such terms shall be
distributed evenly over the first four years after their appointment, provided
that the initial term of no member shall exceed four years. Thereafter the
term of each member shall be for four years. Nothing in this article shall,
however, be construed to affect the term of any present member of the Zoning
Board of Adjustment, all of whom shall continue in office until the completion
of the term for which they were appointed.
B. No member of the Zoning Board of Adjustment may hold
any elective office or position under the municipality.
C. 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 position of Attorney to the Zoning Board
of Adjustment. The Zoning Board of Adjustment may annually appoint 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 P.L. 1975, c. 291 (N.J.S.A. 40:55D-1
et seq.), 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 administrative 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
of 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.
The Board of Adjustment shall render its decision not later than 120
days after the date an appeal is taken from the decision of an administrative
officer or the submission of a complete application for development to the
Board pursuant to the provisions of N.J.S.A. 40:55D-70b. Failure of the Board
to render a decision within such one-hundred-twenty-day period or within such
further time as may be consented to by the applicant shall constitute a decision
favorable to the applicant.