The Land Use Board shall exercise, to the same extent and subject
to the same restrictions, all the powers of a Board of Adjustment,
pursuant to N.J.S.A. 40:55D-25(C).
The Land Use Board shall adopt such rules and regulations as
may be necessary to carry into effect the provisions and purposes
of this article. 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.
Where the application for development involves relief pursuant
to Subsection d of N.J.S.A. 40:55D-70 (a "d" variance), the Class
I and Class III members shall be legislatively excluded from participation
and voting. An alternate member shall not sit for the aforementioned
Class I and Class III members whenever the Board considers relief
pursuant to Subsection d of N.J.S.A. 40:55D-70. This reduction in
voting membership preserves the statutory scheme of N.J.S.A. 40:55D-70
requiring the affirmative vote of five members of the statutory seven-member
Board to grant a "d" variance.
In exercising the above-mentioned power, the Land Use Board
acting as the Zoning 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 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 Land Use Board acting as 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 Land Use Board acting as 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 Land Use Board acting as 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.