The Land Use Board shall exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment, pursuant to N.J.S.A. 40:55D-25(C).
The Land Use Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this article. In the 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.
Where the application for development involves relief pursuant to Subsection d of N.J.S.A. 40:55D-70 (a "d" variance), the Class I and Class III members shall be legislatively excluded from participation and voting. An alternate member shall not sit for the aforementioned Class I and Class III members whenever the Board considers relief pursuant to Subsection d of N.J.S.A. 40:55D-70. This reduction in voting membership preserves the statutory scheme of N.J.S.A. 40:55D-70 requiring the affirmative vote of five members of the statutory seven-member Board to grant a "d" variance.
A. 
The powers of the Land Use Board acting as a Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 and 70 et seq., and amendments and supplements thereto, and with the provisions of this chapter.
B. 
It is further the intent of this chapter to confer upon the Land Use Board acting as a Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Land Use Board, including, but not by way of limitation, the authority, in connection with any case, action or proceeding before the Land Use Board, to interpret and construe the provisions of this chapter or any term, clause, sentence or word hereof and the Zoning Map, in accordance with the general rules of construction applicable to legislative enactments.
C. 
The Land Use Board acting as the Zoning Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of the Zoning Ordinance in accordance with the general or specific rules contained herein and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Land Use Board having been delegated to and imposed upon it by statute, the Land Use Board shall in all cases follow the provisions applicable to it in said P.L. 1975, c. 291, or subsequent statutes in such case made and provided, and it shall from time to time furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Land Use Board for its decision thereon.
A. 
Appeals to the Land Use Board acting as Zoning Board of Adjustment may be taken by any interested party. Each appeal shall be taken within the 20 days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of said notice with the Secretary of the Land Use Board. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Land Use Board all the papers constituting the record upon which the action appealed from was taken.
B. 
Applications addressed to the original jurisdiction of the Land Use Board acting as a Zoning Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Land Use Board. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this chapter or any rule of the Land Use Board acting as a Zoning Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Land Use Board. The Secretary of the Land Use Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Land Use Board. The filing deadlines for use variances and bulk variances ("c") for nonresidential properties shall be as provided in Article I, § 40-9 hereof. Applications for bulk variances for residential properties involving additions to an existing residential dwelling shall be submitted to the Secretary of the Land Use Board no later than 30 days prior to the requested hearing date. In addition to the required copies of the application, the applicants shall also submit the required number of copies of the plot plan showing the proposed work, the proper fee and escrow and any other supporting documents. The applicant shall also provide the statutory notice as set forth in Article III, § 40-26.
C. 
An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Land Use Board acting as the Zoning Board of Adjustment after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Land Use Board acting as the Zoning Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
In exercising the above-mentioned power, the Land Use Board acting as the Zoning 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 Land Use Board acting as the Zoning 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 one year from the date of publication of the notice of the judgment or determination of the Land Use Board acting as the Zoning 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 Land Use Board acting as the Zoning 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.
A. 
The Land Use Board acting as a Board of Adjustment shall have such powers as are granted by law to:
(1) 
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 official or agency based on or made in the enforcement of the Zoning Ordinance.
(2) 
Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance or for decisions upon other special questions upon which such Land Use Board acting as the Zoning Board of Adjustment is authorized by the Zoning Ordinance to pass.
(3) 
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; and where, in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the regulations of the Zoning Ordinance; provided, however, that no variance from those departures enumerated in Subsection A(4) of this section shall be granted under this subsection, and provided further that the proposed development does not require approval by the Land Use Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to§ 40-7H of this chapter and Section 47a of the Municipal Land Use Law (N.J.S.A. 40:55D-60).
(4) 
Variance to allow departure from the regulations of the Zoning Ordinance.
(a) 
In particular cases and for special reasons, grant a variance to allow departure from the regulations of the Zoning Ordinance to permit:
[1] 
A use or principal structure in a district restricted against such use or principal structure.
[2] 
An expansion of a nonconforming use.
[3] 
Deviation from a specification or standard pursuant to Section 54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67) pertaining solely to a conditional use.
[4] 
An increase in the permitted floor area ratio as defined in Section 3.1 of P.L. I975, c. 291 (N.J.S.A. 40:55D-4).
[5] 
An increase in the permitted density as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4), except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision.
(b) 
A variance under this subsection shall be granted only by affirmative vote of at least two-thirds of the full authorized membership of the Board.
B. 
No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance. Any application under any subsection of this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Land Use Board shall act.
A. 
The Land Use Board acting as the Zoning Board of Adjustment shall, in addition to the powers specified in § 40-18 of this article, have the power given by law to:
(1) 
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.
(2) 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
B. 
The Land Use Board acting as the Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Land Use 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 proposed development requires approval by the Land Use Board acting as the Zoning Board of Adjustment of a variance pursuant to § 40-18A(4) of this chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Land Use Board acting as the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of Land Use Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to § 40-18A(4) shall not be required.
A. 
The Land Use Board, acting as the Zoning Board of Adjustment, shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72.
B. 
Failure of the Land Use Board acting as the Zoning Board of Adjustment to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.