A. 
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven residents of this Borough appointed by the Mayor with the approval by the Borough Council to service for terms of four 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 shall be distributed evenly over the first four years after their appointment; provided that the initial term of no member shall exceed four years. Nothing in this chapter 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 Borough.
C. 
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
D. 
In addition to the regular members of the Board of Adjustment aforesaid, there shall be appointed by the Mayor with approval by the Borough Council, two alternate members who shall be designated as Alternate No. 1 and Alternate No. 2. The terms of each alternate member shall be two years, except that the first term of office shall be so set to insure that only one such alternate member's term shall expire in any one year. A vacancy occurring otherwise than by expiration of the term shall be filled for the unexpired term only. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a secretary who may but need not be a Board member or another Borough 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 Borough 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 that exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council 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.
A. 
The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq. and amendments and supplements thereto, and with the provisions of this chapter.
B. 
It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter, of Chapter 560, Zoning, or any term, clause, sentence or word hereof, and the Zoning Map, in accordance with the general rules of construction, applicable to legislative enactments.
C. 
The Board may, in appropriate cases and subject to appropriate conditions and safeguards grant variances from the terms of Chapter 560, Zoning, in accordance with the general or specific rules contained herein, and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of Chapter 560, Zoning, would work undue hardship. The power and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in N.J.S.A. 40:55D-1 et seq. or subsequent statutes in such case made and provided, and it shall from time to time furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.
A. 
Appeals to the Board of Adjustment may be taken by any interested party. Each appeal shall be taken within the 20 days prescribed by N.J.S.A. 40:55D-72, as amended and/or supplemented from time to time, by filing a notice of appeal with the officer from whom the appeal was taken together with three copies of the notice with the secretary of the Board of Adjustment. The notice of appeal shall specify the grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B. 
Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer shall be filed with the secretary of the Zoning Board of Adjustment. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps, or other papers required by virtue of any provisions of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the secretary of the Zoning Board of Adjustment. The secretary of the Board shall inform the applicant of the steps to be taken to initiate proceeding and of the regular meeting dates of the Board.
C. 
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certified to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown, in accordance with the provisions of N.J.S.A. 40:55D-75, as amended and/or supplemented from time to time.
In exercising the above mentioned power, the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-74, as amended and/or supplemented from time to time, reverse or affirm wholly or partly or may modify the 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.
The Board of Adjustment shall have the powers as are granted by N.J.S.A. 40:55D-70, as amended and/or supplemented from time to time to:
A. 
Hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 560, Zoning.
B. 
Hear and decide request for interpretation of the map or Chapter 560, Zoning, or for decisions upon other special questions upon which such Board is authorized by the Zoning Chapter to decide.
C. 
Grant variances from the strict application of the zoning regulations where appropriate.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 345-18, have power given by law to:
A. 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the official map.
B. 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure which does not abut a street giving access to such building or structure.
C. 
Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 as amended and/or supplemented from time to time.
A. 
The Board of Adjustment shall render its decision not later than 120 days after the date:
(1) 
An appeal is taken from the decision of an administrative officer; or
(2) 
The submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b, as amended and/or supplemented from time to time.
B. 
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, pursuant to N.J.S.A. 40:55D-73b, as amended and/or supplemented from time to time.