[Added 8-15-1978 by Ord.
No. 4463-78]
Pursuant to the provisions of Chapter
37 of the Laws of New Jersey 1978, approved June 19, 1978, there are hereby created and established two positions as alternate
members of the Zoning Board of Adjustment, to be appointed by the governing
body, whose terms shall be for two years. Said alternate members shall be
designated by the Chairman as "Alternate No. 1" and "Alternate No. 2" and
shall serve in rotation during the absence or disqualification of any regular
member or members.
The Zoning Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and select a Secretary, who may or may not be a member of
the Zoning Board of Adjustment or a municipal employee.
The Zoning Board of Adjustment may 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, however, 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.
[Amended 7-5-1977 by Ord.
No. 4409-77]
A. Hearings before the Zoning Board of Adjustment shall
be conducted pursuant to and in accordance with N.J.S.A. 40:55D-10.
B. Notice of applications and hearings before the Zoning
Board of Adjustment will be given pursuant to and in accordance with N.J.S.A.
40:55D-11, 40:55D-12 and 40:55D-13, as may be applicable.
C. When any hearing before the Zoning Board of Adjustment
shall carry over two or more meetings, a member of said Board who was absent
for one or more of the meetings shall be eligible to vote on the matter or
matters upon which the hearing was conducted, notwithstanding his absence
from one or more of the meetings; provided, however, that such Board member
has available to him a transcript or recording of the meeting from which he
was absent and certifies in writing to the Board that he has read such transcript
or listened to such recording.
Pursuant to the provisions of N.J.S.A. 40:55D-74, the Zoning Board of
Adjustment may reverse or affirm, wholly or in part, or 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.
Whenever review or approval of the application by the County Planning
Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3),
in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.6), in the case of a site plan, the Municipal Board of Adjustment
shall condition any approval that it grants upon timely receipt of a favorable
report on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the required
time.