A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq. and amendments thereto, consisting
of seven residents of the Township of West Amwell appointed by the
Township Committee.
Each member shall serve for a term 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 term of
any present member of the Zoning Board of Adjustment, all of whom
shall continue in office until the completion of the term for which
they were appointed.
A member may, after public hearing if he requests
it, be removed by the governing body for cause. A vacancy occurring
otherwise than by expiration of term shall be filled for the unexpired
term only.
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 Board shall
not 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 testimony, the provisions of the County and Municipal Investigation
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 reverse or affirm, wholly or in part, or may
modify the action, order, requirement, decision, interpretation or
determination appealed from and to that end have all the powers of
the administrative officer from whom the appeal is 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 specific
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 18 months from the date of entry
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.