Variances pursuant to N.J.S.A. 40:55D-70c.

Authorization pursuant to N.J.S.A. 40:55D-34 for issuance of permit for building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

Authorization pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or a structure not related to a street.

Whenever relief is requested pursuant to this paragraph, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.

The major problems and objectives relating to land development in the Borough at the time of the adoption of the last reexamination report.

The extent to which such problems and objectives have been reduced or have increased subsequent to such date.

The extent to which there have been significant changes in the assumptions, policies and objectives formed. The basis for the Master Plan and development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation and changes in state, county and Borough policies and objectives.

The specific changes recommended for the Master Plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be prepared.

The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69.

It is further the intent of this chapter to confer upon the Zoning Board of Adjustment the full and complete powers as may be lawfully conferred upon such Board, including, but not by way of limitation, the authority in connection with any case, action or proceeding before the 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.

The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this chapter, in accordance with the general or specific rules hereby laid down, that equity shall be done. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in said Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq., or subsequent statutes in such case made and provided, and it shall 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 Board for its decision thereon.

Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the Zoning Officer based on or made in the enforcement of the Zoning Ordinance (Article VII of this chapter).

Hear and decide requests for interpretation of the Zoning Map or ordinance, (Article VII of this chapter) or for decisions upon other special questions upon which such Board is authorized by Zoning Ordinance (Article VII of this chapter) to pass.

Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or by reason of exceptional topographic conditions; or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in the ordinance (Article VII of this chapter) would result in peculiar and exceptional practical difficulties to, or exceptional or undue hardship upon, the owner of such property, grant a variance from such strict application so as to relieve such difficulties or hardship, including a variance for a conditional use; provided, however, that no variance shall be granted under this paragraph to allow a structure or use in a district restricted against such structure or use; and further provided 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 shall review a request for a variance pursuant to N.J.S.A. 40:55D-60a (Municipal Land Use Law).

In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 through 40:55D-68, including, but not limited to, allowing a structure or use in a district against such structure or use, but only by the affirmative vote of at least five members of the Board.

Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or a structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.

Direct issuance of a permit issued pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.

The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of the subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the 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 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 the aforesaid N.J.S.A. 40:55D-70d shall not be required. In the event that the developer elects to submit separate consecutive applications, the provision requiring approval of the application within 120 days after submission shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter and by the Municipal Land Use Law.