The terms of the members first appointed under
this Act shall be so determined that, to the greatest practicable
extent, the expiration of such terms shall be distributed, in the
case of regular members, evenly over the first four years after their
appointment and in the case of alternate members, evenly over the
first two years after their appointment, provided that the initial
term of no regular members shall exceed four years; and the term of
each alternate member shall be two years.
[Amended 2-8-2011 by Ord. No. 1859-11]
A. A vacancy
occurring otherwise than by expiration of term shall be filled for
the unexpired term only. Any member of the Zoning Board of Adjustment
who shall, during a calendar year, be absent for three consecutive
regularly scheduled meetings of the Board to which he or she has been
appointed shall be subject to removal by the City Council in accordance
with the provisions of this section. The Secretary to the Zoning Board
of Adjustment shall be required to report to the Council three consecutive
absences in the calendar year by any Board member, and when requested
to do by the Council, the Board member who missed three consecutive
regularly scheduled meetings during the calendar year shall submit
a written explanation for each of his or her absences. Any Board member
may also be removed by the Council for cause in accordance with the
provisions of this section.
B. In the
event that the Council determines preliminarily that there have been
three consecutive absences from regularly scheduled meetings by any
appointed Board member, and that the absences are without "reasonable
justification" as defined herein, or that cause otherwise exists for
the removal of such Board member, the Council shall have the right
to introduce a resolution to institute removal proceedings. No member
of the Board shall be removed based on his or her absence at a regularly
scheduled meeting where there was a reasonable justification for the
absence. "Reasonable justification" for absence shall mean illness
of the Board member or immediate family member of the Board member
and/or exigent business or personal responsibilities which render
it impracticable for the Board member to be in attendance. Where the
Council has instituted such removal proceedings, the proceedings shall
be as follows:
(1) A written
notice of intention to remove shall be mailed to the Board member
at his or her home address. The notice shall advise the Board member
as to a right to a hearing before the City Council; as to the right
to be represented by counsel; and as to the right to cross-examine
witnesses and present witnesses on his or her behalf. The notice shall
set forth a date for a proposed hearing and shall notify the Board
member that if he or she wishes to contest the removal, a written
notice of intention to contest must be submitted to the City Clerk
at least 10 days prior to the scheduled hearing. The notice to the
Board member shall list the dates of the regularly scheduled meetings
from which the Board member is alleged to have been absent or shall
otherwise set forth the factual basis for such removal.
(2) The
hearing shall be conducted by the City Council in Council chambers.
The Board member shall have a right to participate in the proceedings,
either personally or by counsel, and shall have a right to examine
witnesses and present evidence. Upon conclusion of all the evidence,
the City Council shall make findings of fact and conclusions as to
whether the Board member shall be removed.
C. The Secretary
for the Zoning Board of Adjustment shall forward the minutes of all
Board meetings to the City Council once approved by the Zoning Board
of Adjustment.
The 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 Board of Adjustment or a municipal employee.
The 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 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 Part 1 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 powers outlined in this article,
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.
The Board of Adjustment may refer any application
to any appropriate person or agency for its report, provided that
such reference shall not extend the period of time within which the
Board of Adjustment shall act.
Any variance from the terms of this Part 1 hereafter
granted by the Zoning 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 one year from the date of entry
of the judgment or determination of the Board of Adjustment; except,
however, in the case of a use variance which also involves a subdivision
or site plan, approval of the variance shall extend for the full period
of preliminary approval, i.e., three years, and 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.