The regular members of the Zoning Board of Adjustment shall
serve for terms of four years from January 1 of the year of their
appointment. The terms of the members first appointed shall be so
determined that to the greatest practicable extent the expiration
of such terms shall be distributed evenly over the first four years
after their appointment, provided that the initial term of no member
shall exceed four years. Nothing in this chapter shall, however, be
construed to affect the terms of any present members of the Zoning
Board of Adjustment, all of whom shall continue in office until the
completion of the terms for which they were appointed.
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
A member may, after public hearing if he/she requests one, be
removed by the City Common Council for cause. A vacancy occurring
other than by expiration of term shall be filled for the unexpired
term only.
The Zoning Board of Adjustment shall annually elect a Chairperson
and Vice Chairperson from its members and a Secretary, who may or
may not be a member of the Board or a municipal employee.
Alternate members shall be appointed for a term of two years,
and at the time of their appointments shall be designated Alternate
No. 1, Alternate No. 2, Alternate No. 3 and Alternate No. 4, respectively.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, alternate members
shall vote in the order of their numerical designations.
The Zoning Board of Adjustment may annually appoint an attorney
at law of New Jersey, other than the Municipal Attorney, and experts
and other staff and services as it shall deem necessary, not exceeding,
exclusive of gifts and grants, the amount appropriated by the Common
Council for its use.
The applicant and any successor in interest shall be responsible
for installing and maintaining all required improvements. All conditions
of approval reflected in the memorializing resolution of approval
must be maintained in perpetuity.
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.
The Zoning Board of Adjustment shall, at least once a year,
review its decisions on appeals and applications for variances and
prepare and adopt by resolution a report of its findings on zoning
ordinance provisions which were the subject of variance requests and
its recommendations for zoning ordinance amendment(s) or revision(s),
if any. The Zoning Board of Adjustment shall send copies of the report
and resolution to the Common Council and the Planning Board.