[Amended 9-1-1981 by Ord. No. 853]
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 the Township of Wyckoff, each to be appointed by the Mayor, with
the approval of the Township Committee, to serve for a term of four
years from January 1 of the year of his 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
the initial term of no member shall exceed four years. Thereafter
the term of each member shall be for 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 municipality.
C. A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
D. The Mayor, with the approval of the Township Committee,
may also appoint two alternate members of the Zoning Board of Adjustment,
who shall each be appointed for a term of two years from January 1
of the year of his appointment. The alternate members shall be designated
by the Township Committee as "Alternate No. 1" and "Alternate No.
2" and shall serve in rotation during the absence or disqualification
of any regular member or members.
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall also select a Secretary,
who may be either a Board of Adjustment member or 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, provided
it does not exceed the amount appropriated by the governing body for
is use and it does not exceed the compensation set forth for the Zoning
Board of Adjustment Attorney in the Annual Salary Ordinance. The Zoning
Board of Adjustment Attorney 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, or amendments thereto or subsequent statutes applying
thereto, reverse or affirm, wholly or in part, or may modify the action,
order, requirement, decision, interpretation or determination appealed
from, and to that end have all the powers of the administrative officer
from whom the appeal is taken.
Any variance 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 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, and also except,
however, 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.