Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property; (b) or 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 in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, the Board may 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 zoning set forth in N.J.S.A. 40:55D-2 would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, the Board may grant a variance to allow departure from regulations in the Zoning Ordinance; provided, however, that no variance from those departures enumerated in Section 41:12-5-4 below of this section shall be granted under this Subsection; and provided further that the proposed development does not require approval by the Central Planning Board of a subdivision, site plan or conditional use in conjunction with which the Central Planning Board has power to review a request for a variance pursuant to N.J.S.A. 40:55D-60(a).

In particular cases and for special reasons, the Board may grant a variance to allow departure from the Zoning Ordinance to permit: (a) a use or principal structure in a district restricted against such use or principal structure; (b) an expansion of a nonconforming use; (c) deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; (d) an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D4; (e) an increase in the permitted density as defined 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; or (f) 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 affirmative vote of at least five members of the Board.

If an application for development requests one or more variances but not a variance for a purpose enumerated in this subsection, the decision on the requested variance or variances shall be rendered pursuant to Section 57 of P.L. 1975, c.291 (N.J.S.A. 40:55D-70c). No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial deteriment to the public good and will not substantially impair the intent and the purpose of the Zone Plan and Zoning Ordinance. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, C. 6:1-80 et seq., no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a non-conforming use which would be prohibited under the standards promulgated pursuant to that act except upon issuance of a permit by the Commissioner of Transportation.

To 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 drainage way, flood control basin or public area reserved on the Official Map pursuant to N.J.S.A. 40:55D-32.

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

To grant to the same extent and subject to the same restrictions as the Central 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 a variance pursuant to N.J.S.A. 40:55D-70(d). 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 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 Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to N.J.S.A. 40:55D-70(d) shall not be required.

Any application under any subsection of this section may be referred to any appropriate person or agency, including the Central Planning Board, for its report and recommendation, provided that reference of any application under any subsection of this section shall not extend the period of time within which the Zoning Board of Adjustment shall act.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6 in the case of a site plan, the Zoning Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.

The Zoning Board of Adjustment is required to submit monthly attendance reports of all regular and special meetings to the Municipal Council (via the Office of the City Clerk) within 15 days subsequent to the end of the month.

Requirements.

A member also may not act on any matter in which the member has any direct or indirect personal or financial interest.

The four alternate members shall be designated at the time of appointment by the authority appointing them as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4," as appropriate.

Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member.

The Supplemental Zoning Board of Adjustment shall share jurisdiction with the Zoning Board of Adjustment created pursuant to Section 56 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-69) over all new and pending appeals and applications before the Zoning Board of Adjustment.

The Supplemental Zoning Board of Adjustment shall have all the powers and responsibilities conferred by law to the Zoning Board of Adjustment created pursuant to Section 56 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-69).

The Supplemental Zoning Board of Adjustment shall receive any new or pending appeals or applications referred by the Chairperson of The Zoning Board of Adjustment.

The Supplemental Zoning Board of Adjustment shall cease to receive new appeals and applications on the first day of the second year after the appointment of its full regular membership;

The Supplemental Zoning Board of Adjustment shall terminate upon the completion of all pending appeals and applications thereafter; and

The terms of the members shall expire on the date of termination of the Supplemental Zoning Board of Adjustment.