The Board of Adjustment shall elect a Chairperson and Vice Chairperson
from its members and shall also select a Secretary, who may or may
not be a Board member or another municipal employee.
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 or Planning Board Attorney. The Board shall
not, however, exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for its use for such purpose.
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 for such purpose.
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 Chapter 291, P.L. 1975,
or amendments thereto or subsequent statutes applying, reverse or
affirm, wholly or partly, 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 Chapter
540, Zoning, 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 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 a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
[Amended 10-3-1996 by Ord. No. 1433]
A. The Zoning Board of Adjustment shall, in addition to the powers specified in §
515-24 of this article, have power given by law to:
(1) 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.
(2) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
B. The Board of Adjustment shall have the power to grant, subject to
the same restrictions as the Planning Board, subdivision or site plan
approval pursuant to Article 6 of Chapter 291, P.L. 1975, or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a use variance pursuant to Article
V, §
515-24A(4), of this chapter. The Board of Adjustment shall, pursuant to N.J.S.A. 40:55D-10.1, also have the power to conduct, subject to the same restrictions as the Planning Board, an informal review of a concept plan for a development which will require a use variance and either subdivision approval or site plan approval, for which the developer intends to prepare and submit an application for development.