[Added 1-25-83 by Ord. No. 1-83]
A. The Zoning Board of Adjustment, in addition to its seven (7) regular
members, shall also consist of two (2) alternate members. The alternate
members shall be appointed by the Mayor and Council in the same manner
as the Mayor and Council appoints regular members.
B. The terms of office of the alternate members shall be for two years.
The initial appointment shall be made so that the term of not more
than one alternate member shall expire in any one year.
[Amended 8-22-00 by Ord. No. 14-00]
C. Alternate members may participate in all matters but may not vote,
except in absence or disqualification of a regular member. Participation
of alternate members shall not be deemed an increase in the size of
the Zoning Board of Adjustment. A vote of the Zoning Board of Adjustment
shall not be delayed in order that a regular member may vote in place
of an alternate member. Should there be a choice as to which alternate
member is to vote, Alternate No. 1 shall vote.
[Amended 8-22-00 by Ord. No. 14-00]
[Amended 8-22-00 by Ord. No. 14-00]
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its regular members and shall also select a Secretary, who may
or may not be a Board member or municipal employee.
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint
and 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 Borough Attorney.
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 ordinance.
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 c. 291, P.L. 1975, 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 ordinance 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 (1) 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.
[Amended 2-12-85 by Ord. No. 2-85]
The Board of Adjustment shall render its decision not later than one hundred twenty (120) days after the date an appeal is taken from the decision of an administrative officer, or one hundred twenty (120) days after the submission of a complete application (as defined in §
97-47) 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.