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 Municipal 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, 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 this 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 P.L. 1975, c. 291, 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 administrative officer from whom the appeal
was 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 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 nine 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.
The Board of Adjustment shall have such powers as are granted
by law to:
A. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Chapter
150, Zoning.
B. To hear and decide requests for interpretation of the Zoning Map
or Ordinance or for decisions upon other special questions upon which
the Board is authorized to pass in accordance with this chapter or
in accordance with the Municipal Land Use Law.
C. To grant variances pursuant to N.J.S.A. 40:55D-70, as amended.
The Zoning Board of Adjustment shall, in addition to the powers specified in §
55-21, have power given by law to:
A. Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
B. Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
C. Grant to the same extent and subject to the same restrictions as
the Planning Board, subdivision or site plan approval pursuant to
Article 6 of P.L. 1975, c. 291, or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to §
55-21C of this chapter.