The Board of Adjustment shall elect a Chairperson
and Vice Chairperson from among its members and shall also select
a Secretary who may or may not be either a Board member or a 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, subject to the appropriation of funds, fix
the 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 Part 1. 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.
[Amended 4-21-1980 by Ord. No. 8-80]
The Board of Adjustment shall render its decision
not later than 120 days after the date that an appeal is taken from
the decision of an administrative officer or 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-70b. In the event that the developer
elects to submit separate consecutive applications, the aforesaid
provision shall apply to the application for approval of the variance.
The period for granting or denying any subsequent approval shall be
as otherwise provided in this Part 1. Failure of the Board to render
a decision within the prescribed period or within such further time
as may be consented to by the applicant shall constitute a decision
favorable to the applicant.
The Board of Adjustment may reverse or affirm,
wholly or in part, or may 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.
Any variance 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 entry of the 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 Borough
Council, or to a court of competent jurisdiction, until the termination
in any manner of such appeal or proceeding.