The Zoning Board of Adjustment shall annually
elect a Chairman and Vice Chairman from its members and shall also
select a Secretary, who may be either 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.
In addition 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
Zoning Board of Adjustment may, in conformity with the provisions
of P.L. 1975, c. 291, or amendments thereto, reverse or affirm wholly
or in part 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 nine months
from the date of entry of the judgment or determination of the Zoning
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, except that in the case
of a variance which also involves a subdivision or site plan approval,
the variance shall extend for the full period of preliminary approval
pursuant to N.J.S.A. 40:55D-49.