A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven residents of the Borough of Oradell appointed by the Mayor, with the advice and consent of the Council, to serve for terms of four years from January 1 of the year of their appointment.

Alternate members.

If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment by the Mayor, with the consent of the Council, for the unexpired term.

If the Zoning Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by the MLUL 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 Zoning 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 numbers of members necessary to conform to the MLUL, 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.

Whenever any member of the Zoning Board, without being excused by majority of the authorized members of the Board, fails to attend and participate at meetings of such body for a period of six consecutive weeks, or for three consecutive regular meetings, whichever shall be of longer duration, at the conclusion of such period, the office of that member shall be deemed vacant, provided that the Zoning Board shall notify the Mayor and Council in writing of such determination. The Zoning Board may not refuse to excuse a member with respect to those failures to attend and participate which are due to legitimate illness.

Appeals and applications for variances. Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Administrative Officer. Each appeal shall be taken within the 20 days prescribed by the statute by filing a notice of appeal with the office from whom the appeal was taken, together with 17 copies of said notice with the Secretary of the Zoning Board of Adjustment or the administrative officer. Said notice of appeal shall specify the grounds for said appeal. The office from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

Interpretations and applications addressed to the original jurisdiction of the Zoning Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment or the administrative officer. Seventeen copies of the application shall be filed. At the time of the filing the appeal or application, but in no event less than 14 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Zoning Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Board, who shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.

Any variance from the terms of this chapter hereafter granted by the Zoning Board of Adjustment or the Planning Board 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 publication of the notice of the judgment or determination of the Zoning Board of Adjustment or Planning Board; 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 Zoning Board of Adjustment or Planning Board to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.

The municipal board (Zoning Board of Adjustment or Planning Board) which granted the variance may grant an extension of the expiration date if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from proceeding with development because of delays in obtaining legally required approvals from other governmental entities or that the applicant has encountered a hardship in proceeding with the development. An applicant shall apply for an extension before the expiration date.