If a vacancy occurs other than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
The Zoning Board of Adjustment shall elect a
Chairperson and Vice Chairperson from among its members and shall
also select a Secretary, who may be a Board member or a Township employee.
The Secretary shall be the administrative officer of the Board.
The Zoning Board of Adjustment may annually
appoint and, subject to the appropriation of funds, 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 Township 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.
If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited by N.J.S.A.
40:55D-69 from acting on a matter due to the member's personal or
financial interest therein, Class IV members of the Planning Board
shall be called upon to serve, for that matter only, as temporary
members of the Board of Adjustment. The Class IV members of the Planning
Board shall be called upon to serve in order of seniority of continuous
service to the Planning Board until there are the minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between Class IV members of equal seniority,
the Chairperson of the Planning Board shall make the choice.
The Zoning Board of Adjustment shall not authorize
expenditures which exceed, exclusive of gifts and grants, the amount
appropriated by the Township Council for its use.
The Zoning 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 powers of the officer from whom the appeal
was taken.
The Zoning Board of Adjustment shall render its decision no later than 120 days after the date an appeal is taken from the decision of an administrative official, or the submission of a complete application for development to the Board, pursuant to the provisions of N.J.S.A. 40:55D-70(b). In the event that the developer elects to submit separate consecutive applications in accordance with the provisions of §
125-20A(7), the aforesaid provisions 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 chapter. Failure of the Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application.
[Amended 3-13-2008 by Ord. No. 11-2008]
Any interested party may appeal to the Superior
Court of New Jersey any final decision of the Zoning Board of Adjustment
approving an application for development pursuant to N.J.S.A. 40:55D-70(d).
Such time period for appeal shall be in accordance with the rules
governing the courts of the State of New Jersey.