By direct issuance of a building permit for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on a duly adopted Official Map Ordinance of the municipality whenever one or more parcels of land within said bed cannot yield a reasonable return to the owner unless a building permit is granted. The Board shall impose reasonable requirements as a condition of granting the building permit as to promote the health, morals, safety and general welfare of the public.

The Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of permit pursuant to N.J.S.A. 40:55D-60.

Direct issuance of a building permit for construction of a building or structure on a lot not abutting a street which is shown on a duly adopted Official Map of the Municipality or which is (1) an existing State, County or municipal street or highway; or (2) a street shown upon a plat approved by the Municipal Planning Board; or (3) a street on a plat duly filed in the office of the County Recording Officer. Before any such permit shall be issued, (1) such street shall have been certified to be suitably improved to the satisfaction of the Township Committee, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the Township Committee, as adequate in respect to the public health, safety, and general welfare of the special circumstance of the particular street and (2) if applicable, it shall have been established that the proposed access conforms with the standards of the State Highway Access Management Code adopted pursuant to the State Highway Access Management Act of 1989. The Board may grant such relief only where enforcement of the statute requirement that a building lot abut a street would entail practical difficult or unnecessary hardship, or where circumstances of the case do not require the building or structure to abut a street. The Board shall impose requirements of conditions that will provide adequate access for fire fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and will protect any future street layout shown on the Official Map or on the general circulation plan element of the Municipal Master Plan.

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 plan approval or conditional use approval whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to § 18-301 of this chapter; provided, however, that the exercise of subdivision and/or plan review by the Zoning Board of Adjustment shall be restricted to that lot (or lots) upon which the proposed variant use is to be situated.

The term of the member composing Class I shall correspond with their official tenure. The terms of the members composing Class II and Class III shall be for one year or terminated at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Committee shall be for three years or terminate at the completion of their term of office as a member of the Environmental Committee, whichever comes first.

The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever they are no longer a member of such other body or at the completion of his Class IV term, whichever comes first.

The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment and as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.

Variances pursuant to § 18-301C of this chapter from lot area, lot dimension, setback and yard requirements; provided that relief pursuant to this subsection from lot area requirements shall not be granted if there is an increase in the permitted density requiring a variance pursuant to § 18-301D.

Direction pursuant to § 18-301G1 of this chapter for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area; and

Direction pursuant to § 18-301G2 of this chapter for issuance of a permit for a building or structure on a lot not abutting a street.

Regular meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled for the entire calendar year and set for a certain time an place, no less often than once a month, and shall be held as scheduled unless canceled for lack of applications for development to process.

Special meetings may be scheduled at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.

No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full authorized Board membership.

All actions shall be taken by majority vote of the members of the Board at the meeting except as otherwise required by N.J.S.A. 40:55-D et seq. A member of the Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on a matter upon which the hearing was conducted, provided, however, that such Board member certifies in writing to the Board that he or she has read a transcript or listened to a recording of all of the hearings from which he or she was absent.

All meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, C.231, Laws of New Jersey, 1975.

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board or the Zoning Board of Adjustment, and of the persons appearing by attorney, the action taken by the Planning or Zoning Board, the findings, if any, made by it and reasons therefore. The minutes shall thereafter be made available for public inspection during the normal business hours at the office of the Board Secretary. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings, concerning the subject matter of such minutes.

A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographer, mechanical or electronic means. The Municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at their expense. Each transcript shall be certified in writing by the transcriber to be accurate.

The Planning Board or Zoning Board of Adjustment, as the case may be, shall hold a hearing on each application for development. Each Board shall make the rules governing such hearings.

Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Board Secretary. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

The officer presiding at the hearing, or such person as they may designate, shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law," P.L. 1953, c.38 (C.2A:67A-1 et seq.) shall apply.

The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made either by stenographic, mechanical or electrical means. The Township shall furnish a transcript or duplicate recording in lieu thereof on request to any interested at their expense, provided that the charge for a transcript shall not exceed the maximum permitted in N.J.S.A. 2A:11-15. Each transcript shall be certified in writing by the transcriber to be accurate.

If an applicant desires a certified court reporter, the costs of taking testimony and transcribing it and providing a copy of the transcript to the Township or court shall be at the expense of the applicant, who shall also arrange for the attendance by the reporter. All costs for transcription of the record before the applicable Board shall be entire and sole obligation of the applicant or appellant, whichever requests the transcript.

Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

Public notice of a hearing shall be given for the following applications for development:

Public notice of a hearing shall be given for an extension of approvals for five or more years under Subsection d of Section 37 of P.L.1975, c.291 (C.40:55D-49) and Subsection b of Section 40 of P.L.1975, c. 291 (C.40:55D-52); for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice, and for any other applications for development, with the following exceptions: (1) conventional site plan review pursuant to Section 34 of P.L.1975, c.291 (C.40:55D-46), (2) minor subdivisions pursuant to Section 35 of P.L.1975, c.291 (C.40:55D-47) or (3) final approval pursuant to Section 38 of P.L.1975, c.291 (C.40:55D-50); notwithstanding the foregoing, the governing body may by ordinance require public notice for such categories of site plan review as may be specified by ordinance, for appeals of determinations of administrative officers pursuant to Subsection a of Section 57 of P.L.1975, c.291 (C.40:55D-70), and for requests for interpretation pursuant to Subsection b of Section 57 of P.L.1975, c.291(C. 40:55D-70). Public notice shall also be given in the event that relief is requested pursuant to Section 47 or 63 of P.L.1975, c.291 (C.40:55D-60 or C.40:55D-76) as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

Notice of a hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to Section 76 of P.L.1975, c.291 (C.40:55D-89), shall be given at least 10 days prior to the hearing by the Administrative Officer to the owners of all real property as shown on the current tax duplicates, located, in the case of a classification change, within the district and within the State within 200 feet in all directions of the boundaries of the district, and located, in the case of a boundary change, in the State within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing.

A notice pursuant to this section shall state the date, time and place of the hearing, the nature of the matter to be considered and an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks, and by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's Office.

Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail and regular mail to the property owner at his address as shown on the said current tax duplicate.

Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the boundaries of the district which is the subject of the hearing, may be made in the same manner as to a corporation, in addition to notice to unit owners, co-owners, or homeowners on account of such common elements or areas.

The Administrative Officer shall execute affidavits of proof of service of the notices required by this section, and shall keep the affidavits on file along with the proof of publication of the notice of the required public hearing on the proposed zoning ordinance change. Costs of the notice provision shall be the responsibility of the proponent of the amendment.

The Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a public hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner and necessary proof of notice shall be submitted to the Secretary at least two days prior to the hearing in question:

Upon an applicant's written request, the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged ten (10) dollars for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to § 18-305E above who do not reside within the Township.

The applicant shall file an affidavit or proof of service with the Planning Board or Zoning Board of Adjustment, as the case may be.

The notice shall state the date, time and place of the hearing and the nature of the matters to be considered, and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's Office, and the location and times at which any maps or documents for which approval is sought are available for inspection.