[Amended 11-14-1978; 4-12-2005 by Ord. No.
2005-9; 10-12-2021 by Ord. No. 2021-28]
Pursuant to N.J.S.A. 40:55D-25(c)(2), the Borough of Bradley
Beach has created a nine-member Planning Board, which Planning Board
shall have the right to exercise, to the same extent and subject to
the same restrictions, all the powers of a Zoning Board of Adjustment.
[Amended 10-12-2021 by Ord. No. 2021-28]
The Class I and Class III members of the Planning
Board shall not participate in the consideration of applications for
development which involve relief pursuant to N.J.S.A. 40:55D-70.
There is hereby created the office of Attorney
to the Zoning Board of Adjustment. The Zoning Board of Adjustment
may annually appoint, 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 Municipal 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 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 c. 291,
P.L. 1975, 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 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 the variance, or unless such permitted use
has actually been commenced, within nine months from the date of entry
of the judgement 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.