The Board of Adjustment shall elect a Chairperson
and Vice Chairperson from its members and shall also select a Secretary
who shall be a municipal employee.
There is hereby created the office of Attorney
for the Board of Adjustment. The Board of Adjustment may annually
appoint and fix the compensation of or agree upon the rate of compensation
of the Board of Adjustment Attorney, who shall be an attorney other
than the Municipal Attorney or the Planning Board Attorney, and within
the appropriation made by the Township Committee.
The 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 (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 the
Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), or amendments
thereto or subsequent statutes applying thereto, reverse or affirm
wholly or partly or may modify the order, requirement, decision or
determination appealed from and make such other requirements, decision
or determination as ought to be made, and to that end have all the
powers of the officer from whom the appeal was taken.
Any variance from the terms of Chapter
95, Zoning, shall expire as set forth in §
95-68.1.
[Amended 2-13-1980 by Ord. No. 4-80]
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 official or the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70b. In the event that the developer elects to submit separate consecutive applications in accordance with the provisions of §
57-24B, the aforesaid provisions shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application.