There is hereby established, pursuant to the Municipal Land
Use Law, in the Township of Barnegat a Board of Adjustment consisting
of seven (7) residents of the Township appointed by the Mayor with
the advice of the Committee.
[Amended 2-22-05 by Ord. No. 2005-09]
The Mayor, with the advice of the Township Committee, may appoint
four (4) alternates to the Board of Adjustment for the terms of two
(2) years. Such alternate members shall be designated by the Chairman
of the Board as "Alternate No. 1"; "Alternate No. 2"; "Alternate No.
3"; and "Alternate No. 4". The terms of the alternate members shall
serve in rotation during the absence or disqualification of any regular
member or members. The term of Alternate No. 1 shall run concurrently
with the term of Alternate No. 3. The term of Alternate No. 2 shall
run concurrently with the term of Alternate No. 4. In the event that
any alternate members of the Zoning Board of Adjustment need to cast
a vote on a particular matter, the votes shall be cast in priority
beginning with Alternate No. 1 through Alternate No. 4.
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall also select a Secretary, who may or may
not be either a Board member or municipal employee.
There may be an office of Attorney to the Board of Adjustment.
The Attorney to the Board of Adjustment shall be an attorney other
than the Municipal Attorney and whose term of office shall be one
(1) year commencing January 1. Appointment to this office made after
January 1 shall be limited to the calendar year. The Board shall not
authorize expenditures for such services which exceed, exclusive of
gifts or grants, the amount appropriated by the governing body for
such services.
The Board of Adjustment may also employ or contract for and
fix the compensation of 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 the Municipal Land Use Law
or amendments thereto or subsequent statutes applying, reverse or
affirm, wholly or partly, or 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.
The Board of Adjustment shall render its decision not later
than one hundred twenty (120) days after the date that an appeal is
taken from the decision of an administrative officer or not later
than one hundred twenty (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-72b. Failure of the Board to render a decision
within such one hundred twenty (120) day period or within such further
time as may be consented to by the applicant shall constitute a decision
favorable to the applicant.