[Added 12-14-1978 by Ord. No. 78-26]
Two alternate members of the Zoning Board of
Adjustment are hereby established. Alternate members shall be designated
by the Chairman "Alternate No. 1" and "Alternate No. 2" and shall
serve in rotation during the absence or disqualification of any regular
member or members. The term of each alternate member shall be two
years. Alternate members shall be appointed by the same appointing
authority as regular members.
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall also select a Secretary
who may be either a Board member or another municipal employee.
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 Borough Attorney but shall be a member
of the Borough Legal Department, supervised by 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, inclusive of 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 article. 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 N.J.S.A.
40:55D-1 et seq., 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 Zoning Official or Construction Official from
whom the appeal was taken.
Any variance from the terms of this article
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 12 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.