There shall be a Zoning Board of Adjustment established pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and with such powers and duties as are set forth therein and in Chapter 18, Land Use Procedures, of this Code.
A.
The Zoning Board of Adjustment shall consist of seven
regular members and two alternate members appointed by the Council.
All regular members and any alternate members shall be municipal residents.
Alternate members shall be designated at the time of appointment by
the authority appointing them as "Alternate No. 1" and "Alternate
No. 2." The terms of the members first appointed shall be so determined
that to the greatest practicable extent, the expiration of the 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 that the initial term of no alternate member shall
exceed two years. Thereafter, the term of each regular member shall
be four years, and the term of each alternate member shall be two
years. No member may hold any elective office or position under the
municipality. No member of the Board of Adjustment shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest. 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.
B.
Alternate members may participate in all matters but
may not vote except in the absence or disqualification of a regular
member. Participation of alternate members shall not be deemed to
increase the size of the Zoning Board of Adjustment. A vote shall
not be delayed in order that a regular member may vote instead of
an alternate member. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1 shall vote.
If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited from acting
on a matter due to the member's personal or financial interest therein,
Class IV members of the Planning Board shall be called upon to serve,
for that matter only, as temporary members of the Board of Adjustment.
The Class IV members of the Planning Board shall be called upon to
serve in order of seniority of continuous service to the Planning
Board until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between Class IV members of equal seniority, the Chairman of
the Planning Board shall make the choice.
