[Amended 3-8-1988 by Ord.
No. MC 2849]
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall also, with the Planning Board, select a
Secretary who shall serve at the pleasure of the Boards and who shall
be designated as "Secretary to the Planning Board and Board of Adjustment."
There is hereby created the office of Zoning Board of Adjustment
Attorney. The Zoning Board of Adjustment may annually appoint and
agree upon the rate of compensation of the Zoning Board of Adjustment
Attorney, who shall be an attorney other than the Municipal Attorney.
The Zoning Board of Adjustment may also employ or contract for
the services of experts and other staff and services as it may deem
necessary.
The Board shall adopt and may amend such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter.
The Zoning Board of Adjustment shall have such powers as are
set forth in N.J.S.A. 40:55D-69 et seq. and amendments and supplements
thereto. It is 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,
or any term, clause, sentence or word hereof, and the Zoning Map,
in accordance with the general rules of construction applicable to
legislative enactments.
A. The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this chapter 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 this chapter
would work undue hardship.
B. In all cases, the Board shall follow the applicable provisions of
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.
In exercising the powers set forth herein, the Zoning Board
of Adjustment may reverse or affirm, wholly or in part, or may modify,
the action, order, requirement, decision, interpretation 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 one year from the date of publication of the notice 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 Zoning 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 Zoning Board of Adjustment shall have the following additional
powers:
A. To 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. To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for
a building or structure not related to a street.
C. To 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 et seq., or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a variance pursuant to §
365-19A(4). All such applications shall be referred to the Planning Board for its report, but such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act. The Planning Board shall render its report not later than 45 days after the date said application is referred to it by the Zoning Board of Adjustment.