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 a municipal employee.
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint
and fix the compensation of or agree upon the rate of compensation
of the Zoning Board of Adjustment Attorney, provided that it does
not exceed the amount appropriated by the governing body for its 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 powers, 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 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.
[Amended 7-16-2013 by Ord. No. 1024]
A. 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
or conclusion 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, the variance shall extend for
the full period of preliminary approval.
B. Upon a showing of good cause and if the reason(s) for the grant of
a variance have not changed, the Zoning Board of Adjustment is authorized
to, upon notice to all entitled property owners and the publication
of a legal notice in the official newspaper of the Borough, grant
an extension of time on the duration of the variance for a period
to be determined by the Board of Adjustment but not to extend beyond
an additional year. The Board of Adjustment shall not grant more than
two such extensions of any variance approval.