40:55D-69.2 Supplemental zoning boards of adjustment.

1. a. If the mayor of a municipality determines that the zoning board of adjustment is unable to process pending appeals and applications in a timely manner, the mayor may recommend the governing body of the municipality establish a supplemental zoning board of adjustment to address any backlog or influx of appeals and applications. The supplemental zoning board of adjustment shall be temporary in nature and exist in addition to the zoning board of adjustment created pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69). The recommendation shall be submitted, in writing, at an official meeting of the governing body of the municipality.

b. Upon receipt of the mayor's recommendation, the governing body of the municipality may establish, by ordinance, a supplemental zoning board of adjustment, except that no more than one supplemental zoning board of adjustment may exist at any given time. The supplemental zoning board of adjustment shall share jurisdiction with the zoning board of adjustment created pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69) over all new and pending appeals and applications before the zoning board of adjustment. The supplemental zoning board of adjustment shall have all the powers and responsibilities conferred by law to the zoning board of adjustment created pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69). The supplemental zoning board of adjustment shall receive any new or pending appeals or applications referred by the chairperson of the zoning board of adjustment created pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69). The supplemental zoning board of adjustment shall cease to receive new appeals and applications on the first day of the second year after the appointment of its full regular membership and shall terminate upon the completion of all pending appeals and applications thereafter.

c. The supplemental zoning board of adjustment shall consist of seven regular members and may have not more than four alternate members. All members of the supplemental zoning board of adjustment shall be municipal residents and appointed in a manner set forth in the ordinance adopted pursuant to subsection b. of this section. Alternate members shall be designated at the time of appointment by the authority appointing them as "Alternate No. 1" and "Alternate No. 2," and, in the case of a municipality in which more than two alternates are appointed, "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4," as appropriate. The terms of the members shall expire on the date of termination of the supplemental zoning board of adjustment. A person shall not be seated as a member unless the person agrees to take the basic course in land use law offered under subsection a. of section 2 of P.L.2005, c.133 (C.40:55D-23.3) and successfully completes the course within six months of assuming board membership. A member of the supplemental zoning board of adjustment may not hold any elective office or position under the municipality. A member also may not act on any matter in which the member has any direct or indirect personal or financial interest. A member may, after public hearing, if requested, be removed by the governing body for cause.

d. The supplemental zoning board of adjustment shall elect a chairperson and vice chairperson from its regular members and select a secretary, who may or may not be a member of the supplemental zoning board of adjustment or a municipal employee.

e. 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 supplemental zoning board of adjustment established by ordinance of the governing body pursuant to this section. 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 shall be made as to which alternate member is to vote, alternate members shall vote in the order of their numerical designations.

f. Notwithstanding the provisions of this section, a municipality that participates in a regional zoning board of adjustment, or a municipality in which the planning board exercises the powers of the zoning board of adjustment pursuant to subsection c. of section 16 of P.L.1975, c.291 (C.40:55D-25), may not establish a supplemental zoning board of adjustment.

L.2019, c.225, s.1.