The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall also elect a Secretary, who may or may
not be a Board member or another municipal employee.
A Board of Adjustment Attorney shall be appointed in the manner,
for the term and for such compensation as may be established by ordinance.
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, reverse or affirm, wholly
or partly, or 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 Board of Adjustment permitting the erection or alteration of
any 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 notice 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.
The Board of Adjustment shall render its decision not later
than 120 days after the date that an appeal is taken from the decision
of an administrative officer or not later than 120 days after the
submission of a complete application for development to the Board
pursuant to the provisions of N.J.S.A. 40:55D-70b. 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.