Class I. The Mayor or his designee appointed to sit in place of, and act on behalf of the Mayor in his or her absence pursuant to N.J.S.A. 40:55D-23. Such designee shall serve at the pleasure of the Mayor.

Class II. One (1) of the officials of the municipality other than a member of the Governing Body to be appointed by the Mayor. The member of the Environmental Commission who is also a member of the Planning Board shall be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV or alternate members of Planning Board.

Class III. A member of the Governing Body to be appointed by the Governing Body.

Class IV. Six (6) other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office except that one (1) member may be a member of the Zoning Board of Adjustment and one (1) may be a member of the Board of Education. The member of the Environmental Commission who is also a member of the Planning Board shall be a Class IV Planning Board member unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be the Class II member of the Planning Board.

Alternate Members. Not more than two (2) alternate members of the Planning Board to be appointed by the Mayor. Such alternate members shall be designated by the Mayor as "Alternate #1" and "Alternate #2". Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. In the event that a choice must be made as to which alternate member is to vote, Alternate #1 shall vote. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. Alternate members shall meet the qualifications pertaining to Class IV members of the Planning Board.

To make and adopt and from time to time amend a Master Plan for the physical development of the Borough pursuant to N.J.S.A. 40:55D-28 which Master Plan shall give due consideration to the relationship between the proposed physical development of the Borough and the master plans for those areas outside its boundaries which, in the Board's judgment, may affect or be affected by development within the Borough.

To administer the provisions of the development plan review regulations of the Borough in accordance with this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

To participate in the preparation and review of programs or plans required by State or Federal law or regulations.

To assemble data on a continuing basis as part of a continuous planning process.

To consider and make report to the Governing Body within thirty-five (35) days after referral as to any proposed development regulation submitted to the Board pursuant to the provisions of N.J.S.A. 40:55D-26(a) and also to review any matters which may be specifically referred to the Planning Board by the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-26(b), including, but not limited to, the following:

To annually prepare a program of municipal capital improvement projects projected over a term of six (6) years, and amendments thereto, and recommend same to the Governing Body.

When reviewing applications for approval of development plans, including those involving conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

To perform such other advisory duties as are assigned by ordinance or by resolution of the Governing Body for the aid and assistance of the Governing Body or other Borough agencies or officers.

Membership. A Zoning Board of Adjustment is hereby established consisting of seven (7) residents of the Borough of Roseland recommended by the Mayor and approved by the Borough Council to serve for terms of four (4) years each running from January 1 of the year of their respective appointments. No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.

In addition to the regular members, there may be not more than two (2) alternate members of the Zoning Board of Adjustment, to be recommended by the Mayor and approved by the Borough Council for terms of two (2) years running from January 1 of the year each appointment is made. The term of not more than one (1) alternate member shall expire in any given year. Alternate members shall be designated by the Mayor as "Alternate #1" and "Alternate #2" as recommended by the Mayor and approved by the Borough Council. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member is to vote, Alternate #1 shall vote. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. The qualifications and restrictions relating to regular members are also applicable to the alternate members.

Vacancy A vacancy occurring otherwise than by expiration of term shall be filled as above provided for the unexpired term only.

Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the Zoning Regulations of this chapter.

Hear and decide requests for interpretation of the Zoning Map or ordinance or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map ordinance.

(1) 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 pursuant to this chapter 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; (2) where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to this chapter; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated in paragraph d. of this subsection shall be granted under this paragraph; 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 this chapter; and

In particular cases for special reasons, grant a variance to allow departure from regulations pursuant to this chapter to permit: (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to this chapter pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in this chapter, (5) an increase in the permitted density as defined in this chapter, 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 (6) a height of a principal structure which exceeds by ten (10) feet or ten (10%) percent 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 (5) members.

If an application for development requests one or more variances but not a variance for a purpose enumerated in paragraph d. above, the decision on the requested variance or variances shall be rendered under paragraph c. of this subsection.

No variance or other relief maybe granted under the terms of this subsection, including a variance or other relief involving an inherently beneficial use, without a showing that 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 zoning ordinance. In respect to any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this subsection, permitting the creation or establishment of a nonconforming use which would be prohibited under standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this subsection may be referred 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.

Authorize 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 on the Official Map; but only if the application does not require approval by the Planning Board of a subdivision, site plan or conditional use.

Authorize issuance of a permit for a building or structure not related to a street; but only if the application does not require approval by the Planning Board of a subdivision, site plan or conditional use.

Grant, to the same extent and subject to the same restrictions as the Planning Board, development plan and/or conditional use approval whenever the Board is reviewing an application for approval of variance pursuant to subsection 30-602.7, provided, however, that the exercise of this power shall be limited to that lot (or lots) for which a variance is requested, or upon which a proposed variant use, structure or condition is to be situated.

Whenever the Zoning Board of Adjustment has jurisdiction over an application for a variance pursuant to subsection 30-602.7, the developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a development plan and/or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Zoning Board of Adjustment, and no such subsequent approvals shall be granted unless such approvals 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 requirements of this chapter. The number of votes required to grant any such subsequent approvals shall be as provided in this chapter for approvals by the Planning Board.

Applications addressed to the original jurisdiction of the Zoning Board of Adjustment without prior application to the Zoning Officer shall be filed with the Secretary to the Board and the Zoning Officer. At the time of filing the application, the applicant shall also file all plans, maps or other papers required by virtue of any provisions of this chapter. The applicant shall obtain all necessary forms from the Secretary to the Board, who shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.

Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved or affected by the decision of the Zoning Officer of the municipality made in the enforcement of this chapter or the official map. Each appeal shall be taken within the twenty (20) days prescribed by the Statute by filing a notice of appeal with the officer from whom the appeal was taken, together with ten (10) copies of said notice with the Secretary to the Board. Notice of appeal shall specify the grounds for appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

An appeal to the Zoning Board of Adjustment stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whose action the appeal is taken certifies to the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.

In exercising the appeal power, the Zoning Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and make such other requirement, decision or determination as ought to be made, and to that end, have all the powers of the officer from whose decision the appeal was taken.

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

Special meetings may be provided for at the call of the Chairman or on the request of any two (2) Board members; any such special meeting shall be held on notice to the Board members and the public in accordance with all applicable legal requirements.

No action shall be taken at any meeting without a quorum being present.

All actions shall be taken by majority vote of the members present except as otherwise required by any provision of the Municipal Land Use Law. The failure of any motion to receive the requisite number of votes for approval shall be deemed an action denying the motion.

All regular meetings and all special meetings shall be open to the public. All such meetings shall be conducted, and notice of all such meetings shall be given, in accordance with the requirements of the Open Public Meetings Law.

Rules. A hearing shall be held on each application for development. The Board shall make the rules governing the conduct of the hearings, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

Maps and Documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten (10) days before the date of the hearing during normal business hours in the office of the Secretary to the Board.

Oaths. The officer presiding at the hearing or such person as he 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" shall apply.

Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation 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.

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

Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording on request to any interested party made within one year of the hearing date at the party's expense, unless otherwise provided by ordinance for the municipality to assume the expense, provided that the charge shall not be more than the maximum permitted in N.J.S.A. 2A:11-15. The transcript shall be certified in writing by the transcriber to be accurate.

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

The Secretary to the Board shall notify the applicant of the date of hearing at least two (2) weeks prior in order that proper notice can be given by the applicant.

Whenever public notice is required for a hearing on an application for development, the applicant shall give notice according to the requirements of N.J.S.A. 40:55D-1 et seq.

All notices shall be given at least ten (10) days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

Where a variance is requested, the notice shall specifically stipulate the requirement and/or regulation from which relief is sought and, in the case of a variance, the extent of relief requested.

Any member of a municipal agency who was absent for one (1) or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one (1) or more of the meetings, provided, however, that such member has available to him the transcript or recording of all of the hearing from which he was absent and certified in writing to the municipal agency that he has read such transcript or listened to such recording.

Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

Any decision of the Board when acting upon any application for development and any decision of the Governing Body when acting upon an appeal, including an action of denial resulting from the failure of a motion to approve, shall be reduced to a written resolution memorializing the action. Said resolution shall be adopted within forty-five (45) days of the date on which the action is taken and shall set forth the decision as well as the findings of fact and conclusions based thereon.

Such resolution shall be adopted by a vote of a majority of the members of the Board who voted in favor of, or whose vote resulted in, the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action and not an action of the Board except that the failure of the Board to adopt such resolution within the forty-five (45) day period shall result in the approval of the application for development, any prior action thereon notwithstanding.

A copy of the decision shall be mailed by the Board within ten (10) days of the date of decision to the applicant, or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed for such service. A copy of the decision shall also be filed in the office of the Borough Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.

The date of adoption of a resolution memorializing an action shall constitute the date of decision for purposes of the mailings, filings and publications required under this subsection and subsection 30-603.8.

If a development plan requires approval by a governmental agency other than the Board, the Board shall process the application in accordance with the terms of this chapter and shall condition its approval upon the subsequent approval of such other governmental agency. If a developer submits an application proposing a development which is barred or prevented, directly or indirectly, by legal action instituted by any State agency, political subdivision or other party or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction, the Board shall process the application in accordance with the terms of this chapter and shall condition its approval upon the removal of such legal barrier to development.

If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the development plan which alter the layout and/or design standards approved by the Board to an extent that the Secretary to the Board determines that the basis upon which the municipal approval was granted has been changed, the applicant shall be required to apply for and obtain revised approval from the Board and pay the fees for such approval as set forth in this chapter.

The appellant shall, within five (5) days of service of the notice of the appeal, arrange for a transcript pursuant to subsection 30-603.4f of this Article for use by the Governing Body and pay a deposit of fifty ($50.00) dollars or the estimated cost of such transcript, whichever is less, or within thirty-five (35) days of service of notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute.

In addition to the transcript of the hearings on the application, the record on appeal to the Governing Body shall include the minutes of any meeting at which the application was discussed, the reports and recommendations of each municipal officer or agency to which the application was referred, and the written decision below. In addition, any reports or recommendations which were submitted to the municipal agency below shall also be submitted to the Governing Body.

Notice of the meeting to review the record below shall be given by the Governing Body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection 30-603.7e of this Article and to the Board from which the appeal is taken at least ten (10) days prior to the date of the meeting.

The parties may submit oral and written argument on the record at such meeting, and the Governing Body shall provide for verbatim recording and transcripts of such meeting pursuant to subsection 30-603.4f. The appellant shall arrange for a transcript of the meeting to review the record below pursuant to subsection 30-603.4f for use by the Governing Body.