Where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) 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 of this 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.

Where, in an application or appeal relating to a specific piece of property the purposes of this ordinance would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning requirements.

No variance from those departures enumerated in § 702.D hereinbelow (N.J.S.A. 40:55D-70[d]) 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 § 705.J of this ordinance (N.J.S.A. 40:55D-60[a]).

A use or principal structure in a district restricted against such use or principal structure;

An expansion of a nonconforming use;

A deviation from a particular specification or standard set forth in this ordinance as pertaining solely to a conditional use;

An increase in the permitted floor area ratio as defined in this ordinance and in N.J.S.A. 40:55D-4;

An increase in the permitted density as defined in this ordinance, and in 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, in which event applications would be made pursuant to § 702.C hereinabove; or

A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the zoning district for the principal structure.

A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.

No variance or other relief may be granted by the Board 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 the zoning provisions of this ordinance.

In respect of any airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983" (N.J.A.C. 6:1-80 et seq.), no variance or other relief may be granted permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation.

An application under this section may be referred by the Zoning Board of Adjustment to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

The Zoning Board of Adjustment, in granting any variance which by law it is authorized to grant, may impose such conditions, in addition to those required in this ordinance, as are necessary to assure that the general purposes and intent of this ordinance are met. Such conditions may include, but are not limited to, harmonious design of buildings, maintenance of a sign or sound screen, the minimizing of noxious, offensive or hazardous elements, preservation of natural features, landscaping, and the posting of performance guarantees of the nature required in this ordinance to assure compliance with the requirements that will survive initial construction and the issuance of the Certificates of Occupancy.

All variances shall expire within one year from the date of the variance approval unless the owner shall have secured a construction permit and shall have commenced construction in conformity with the variance approval, including any conditions attached to the approval. For variances which become the subject of litigation, the one-year period shall commence on the date of the last reviewing court's decision to grant the variance. For good cause shown, and after a hearing before the Board on notice in the manner required for original variance applications, the Zoning Board of Adjustment may extend the variance by resolution. Any extension may not exceed one year in duration and no more than four extensions shall be permitted. To receive consideration, an application for extension of a variance shall be made prior to the expiration of the time limit sought to be extended. Anything herein to the contrary notwithstanding, any variance granted with a site plan, subdivision, and/or conditional use approval shall expire with the expiration of the site plan, subdivision, and/or conditional use approval.

Any municipal variance approval which grants relief from the density or lot area requirements set forth in §§ 403.D, 404.D, 405.D, 414.D, 415.D and 416.D for the GMS, GD, RGD-1, RS-1, HVR, VRD or RHO Districts shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that permitted without the variance.

Any variance or other approval for a residential use in the HC-1, HC-2, CC, RC, PI or HVC Zones shall require that Pinelands Development Credits be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size.

Any municipal variance or other approval for the development of a nonresidential use not otherwise permitted in the GMS, GD, HVR or VRD Zones shall require that Pinelands Development Credits be used at 50% of the maximum rate permitted for Pinelands Development Credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34 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, if an Official Map is adopted by the Township, whenever one or more parcels of land within said bed cannot yield a reasonable return to the owner unless a construction permit is granted. The Board may grant such relief only by affirmative vote of a majority of the full authorized membership of the Zoning Board of Adjustment, ensuring that such relief will tend to cause a minimum change of the Official Map and will not significantly add to the cost of opening any proposed street. The Board shall impose reasonable requirements as a condition of granting the construction permit so as to promote the health, morals, safety and general welfare of the public.

The Zoning Board of Adjustment shall not exercise the power otherwise granted herein if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of the permit pursuant to N.J.S.A. 40:55D-60b and Subsection 705.J.2 of this ordinance.

Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36 for the construction of a building or structure on a lot not abutting a street which is shown on a duly adopted Official Map, if an Official Map is adopted by the Township, or which is (a) an existing State, County or municipal street or highway; or (b) a street shown upon a plat approved by the municipal Planning Board; or (c) a street on a plat duly filed in the office of the County Recording Officer. The Board may grant such relief only when the enforcement of the statute requirement that a building lot abut a street would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to abut a street. The Board shall impose requirements or conditions that will provide adequate access for fire fighting equipment, ambulances and other necessary emergency vehicles for the protection of the health and safety and that will protect any future street layout on the Official Map or on the Traffic Circulation Plan element of the municipal Master Plan.

The Zoning Board of Adjustment shall not exercise the power otherwise granted herein if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60c and Subsection 705.J.3 of this ordinance.

The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to § 702.D of this ordinance. 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 a grant of all required subsequent approvals by 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 the zoning provisions of this ordinance. The number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in this ordinance for the approval in question, and the special vote pursuant to § 702.D of this ordinance shall not be required.

Variances pursuant to § 702.C of this ordinance (N.J.S.A. 40:55D-70[c]).

Direction pursuant to Subsection 702.F.1 of this ordinance (N.J.S.A. 40:55D-34) 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 reserved pursuant to N.J.S.A. 40:55D-32.

Direction pursuant to Subsection 702.F.2 of this ordinance (N.J.S.A. 40:55D-36) for issuance of a permit for a building or structure not related to a street.

Whenever relief is requested pursuant to this section, notice of the 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 developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit, and a subsequent application for any required approval for a subdivision, site plan, or conditional use. The separate approval of the variance or direction of the issuance of a permit, shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the 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 the zoning provisions of this ordinance.

Meetings of both the Planning Board and the Zoning Board of Adjustment shall be scheduled no less than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.

Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings 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 membership of the Board.

All actions shall be taken by majority vote of the members of the Board present at the meeting except as otherwise required by a provision of N.J.S.A.40:55D-1 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, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent, and certifies in writing to the Board that he has read such transcript or listened to such recording.

All regular meetings and all special meetings shall be open to the public, except as provided in the Open Public Meeting Law C.231, Laws of New Jersey, 1975. 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.

Subsequent to an application for development being declared complete, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall hold a hearing on the application for development. Each Board shall make 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 Administrative Officer. The applicant may produce any documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

The officer presiding at the hearings, or such person as he may designate, shall have the 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, or such other person as he may designate, 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 reasonable limitations as to time and number of witnesses.

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 all applications for development.

The Secretary of the Planning Board or the Secretary of the 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 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:

Upon the written request of an applicant, the Township Administrative Officer shall, within seven days, make and certify a list from 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 $0.25 per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any lot 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 Subsection 706.D.2.b above who own property not located within the Township.

At minimum, the notice shall state the name and address of the applicant; the date, time and place of the hearing and the nature of the matters to be discussed, including all variances and/or waivers requested by the applicant; an identification of the property proposed for development by street address, if any, and by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office; and the location and times at which any maps or documents for which approval is sought are available for inspection.

Regarding any application for development being reviewed by the Planning Board or Zoning Board of Adjustment, as the case may be, and said Board determines that substantial revisions have been made to said application subsequent to the date when it was determined to be a "complete application," then the Board may require the applicant to again comply with the notice requirements specified in this section of the ordinance.

Regarding any application for development in the Pinelands Area of the Township, the Secretary of the Board shall provide notice to the Executive Director of the Pinelands Commission of any hearing, public meeting or other formal proceeding at which the application for development is considered. Such notice shall be in such form as the Executive Director shall from time to time specify and shall contain the information required in Subsection 706.D.4 of this ordinance hereinabove plus the application number of the Certificate of Filing issued by the Executive Director of the Pinelands Commission and the date on which it was issued; any written reports or comments received by the Board on the application for development which have not been previously submitted to the Commission; and any other information required by the Pinelands Commission in accordance with N.J.A.C. 7:50-4.18(c) of the Pinelands Comprehensive Management Plan, as amended.

Minutes of every regular or special meeting shall be kept and shall include the names and addresses of the persons appearing and addressing the Planning Board or the Zoning Board of Adjustment, and of any persons appearing by attorney, the action taken by the Planning or Zoning Board, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available, after approval by the Board, for public inspection during the normal business hours at the office of the Administrative Officer. 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. Such interested party shall be charged a reasonable fee for the reproduction of the minutes.

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

Each decision on any application for development shall be reduced to writing by the Board and shall include findings of facts and conclusions based thereon.

The Board shall provide the findings and conclusions through:

The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required in § 708 of this ordinance.

If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorneys fees, shall be assessed against the municipality.

Conditional Approvals.

The Historic Preservation Commission shall establish a regular schedule of monthly meetings. Additional meetings may be called by the Chairman or the Vice Chairman when the regular meetings are inadequate either to meet the needs of its business, to handle emergencies, or to meet constraints imposed by law. All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).

A quorum for the transaction of business shall consist of four or more members, including the Chairman and Vice Chairman.

The Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance records, findings, determinations, and decisions; all such minutes and records shall be made available to the public.

That the site or district is associated with events that have made a significant contribution to the broad patterns of our history; or

That the site or district is associated with the lives of persons significant in our past; or

That the site or district embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

That the site or district has yielded, or may be likely to yield, information important in prehistory or history.

Advising the Planning Board on the architectural element of the Master Plan;

Advising the Planning Board and Zoning Board of Adjustment on applications for development.

Carrying out such other advisory, educational and informational functions as will promote architecture design and aesthetic considerations in the municipality.