Pursuant to the provisions of N.J.S.A. 40:55D-69 and the amendments thereof and supplements thereto, a Zoning Board of Adjustment is hereby created. The Zoning Board of Adjustment shall constitute a continuation of the Zoning Board of Adjustment in existence at the time of passage of this chapter.
A. 
The Zoning Board of Adjustment shall consist of seven members appointed by the Township Council. One member of the Zoning Board of Adjustment may be appointed by the Council to the Township Planning Board. All members of the Zoning Board of Adjustment shall be residents of the Township and shall be 18 years of age or older.
B. 
In addition to the seven members aforesaid constituting the Zoning Board of Adjustment proper, there shall be appointed by the Township Council two alternate members, who shall be subject to all conditions and requirements to which the original seven-member Board is subject. Alternate members shall be designated by the Township Council as "Alternate No. 1" and "Alternate No. 2."
C. 
If the Zoning Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-69 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 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 Chair of the Planning Board shall make the choice.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All members of the Zoning Board of Adjustment shall serve without compensation.
B. 
Terms of the members shall be for four years. All terms shall expire on December 31 of the last year of the term for which they were appointed.
C. 
The term of each such alternate member shall be for a period of two years. 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.
D. 
All members of the Zoning Board of Adjustment in office at the effective date of this chapter shall continue in office until the completion of the term of office for which they were appointed. Any vacancy occurring other than by the expiration of the term shall be filled for the unexpired term only.
A. 
The Zoning Board of Adjustment is authorized to and shall adopt bylaws governing its procedure operations. Said bylaws shall include such rules and regulations as may be necessary to carry out the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and this chapter.
B. 
The Board shall elect a Chair and a Vice Chair from among its members and a Secretary who need not be a member of the Board or a municipal employee.
The Zoning Board of Adjustment shall have the following powers and duties:
A. 
To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Chapter 360, Zoning. The Board may reverse, affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from and, to that end, shall have all the powers of the administrative officer from whom appeal was taken.
B. 
To hear and decide requests for interpretation of the Zoning Map or Chapter 360, Zoning, or to make decisions on other special questions upon which the Board is authorized to pass by any zoning or official Township map ordinance adopted in accordance with N.J.S.A. 40:55D-1 et seq.
C. 
Where, by reason of exceptional narrowness, shallowness or slope 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 structure lawfully existing thereon, the strict application of any regulation pursuant to Chapter 360, Zoning, would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the developer of such property, to 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; or where, in an application or appeal relating to a specific piece of property, the purposes of Chapter 360, Zoning, would be advanced by a deviation from the requirements of Chapter 360, Zoning, and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from the regulations of Chapter 360, Zoning, provided that no use variance shall be granted under this subsection, and provided further that the proposed development does not require approval by the Planning 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 N.J.S.A. 40:55D-60a.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
In particular cases and for special reasons, to grant a variance to allow departure from the regulations of Chapter 360, Zoning, to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pertaining solely to a conditional use; an increase in the permitted floor area ratio; an increase in density, except as applicable to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot(s) is either an isolated undersized lot or a lot resulting from a minor subdivision; and a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by an affirmative vote of 2/3 of the full authorized membership of the Board. No variance or other relief may be granted under the terms of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and Chapter 360, Zoning.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
To grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval or conditional use approval pursuant to Chapter 360, Zoning, whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d.
F. 
To direct the issuance of a permit for a building or structure:
(1) 
In the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Township Map (pursuant to N.J.S.A. 40:55D-34).
(2) 
Not related to a street (pursuant to N.J.S.A. 40:55D-36).
No variance or other relief may be granted under the provisions of this chapter 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 Chapter 360, Zoning.
The Zoning Board of Adjustment shall follow the procedures outlined in this chapter for public hearings whenever a hearing shall be required.