A. A Zoning Board of Adjustment is hereby established pursuant to Chapter 291, Laws of N.J. 1975 and Chapter 37, Laws of N J. 1978, and Chapter 216, Laws of N J. 1979 (N.J S.A. 40.55D-69 et seq ) Said Board shall consist of seven (7) regular members and not more than two (2) alternate members, all of whom shall be residents of the Township of Berkeley Heights Regular members and alternate members shall be appointed by the Mayor The terms for the regular members shall be four (4) years from January 1 of the year of their appointment, terms for the alternate members shall be two (2) years. Alternate members shall be designated by the Mayor as "Alternate No 1 " and "Alternate No 2" The initial terms of the regular members and alternate members 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 (4) years after their appointment, and in the case of the alternate members. evenly over the first two (2) years of then appointment, and provided further that the initial terms of no regular member shall exceed four (4) years and that the initial term of no alternate shall exceed two (2) years

B. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. 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

No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.

A.vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

The Zoning 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 designated by the Board

There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint, contract for and fix the compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Township 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 and grants, the amount appropriated by the governing body for its use

Whenever the performance of his official duties shall require any member of the Zoning Board of Adjustment to deliberate, vote or act upon any matter involving his financial or personal interest pursuant to the Code of Ethics of the Township of Berkeley Heights either directly or indirectly, he shall publicly disqualify himself from participating in the deliberations, as well as voting thereon, and he shall not participate in any discussion or decision relating thereto