There is hereby established in the Township of Mendham a zoning board of adjustment consisting of seven regular members and two alternate members, all of whom shall be appointed by the township committee. All members of the zoning board of adjustment shall be residents of the township. No member of the zoning board of adjustment shall hold any elective office or position under the municipality. Alternate members shall be designated by the chairman at the time of appointment as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation, during the absence or disqualification of any regular member or members.

The term of office of each regular member of the zoning board of adjustment shall be four years. The term of each alternate member shall be two years, provided that the term of no more than one alternate member shall expire in any year. All terms shall run from January 1 of the year in which the appointment is made.

If a vacancy in the position of a regular or alternate member shall occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired term.

The zoning board of adjustment shall elect a chairman and a vice chairman from its members and select a secretary who may or may not be a member of the board or a township employee.

There is hereby created the office of zoning board of adjustment attorney. The zoning board of adjustment may annually appoint and, subject to the appropriation of funds, fix the compensation of the zoning board of adjustment attorney, who shall be an attorney other than the township attorney or the planning board attorney.

The zoning board of adjustment may employ or contract for the services of experts and other staff and services as it may deem necessary. The board shall not, however, exceed the amount appropriated by the township committee for its use, exclusive of gifts or grants.

The zoning board of adjustment shall adopt such rules and regulations as may be necessary to carry into effect the provision and purposes of this chapter.

The zoning board of adjustment shall have the following powers:

a. To 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 Chapter XXI, Zoning Regulations.

b. To hear and decide requests for interpretation of Chapter XXI, Zoning Regulations, or the zoning map or for decisions upon other special questions upon which such board is authorized by ordinance to pass.

c. 1. Where (i) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (ii) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (iii) 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 zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, to grant upon application or 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 or property the purposes of the Municipal Land Use Law, R.S. 40:D-1 and following, would be advanced by a deviation from the requirements of the provisions of Chapter XXI, Zoning Regulations, and the benefits of the deviation would substantially outweigh any detriment, to grant variance to allow departure from such zoning regulations.

No departure from the zoning regulations enumerated in paragraph d below shall be granted under the authority of this paragraph c.

No variance shall be granted by the zoning board of adjustment under this paragraph c 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 review a request for a variance pursuant to subsection 14-7g.

d. In particular cases and for special reasons, to grant a variance to allow departure from the provisions of Chapter XXI, Zoning Regulations, 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. a deviation from a specification or standard pertaining solely to a conditional use;

4. an increase in the permitted floor area ration; or

5. an increase in the permitted density, 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.

6. a height of a principal structure which exceeds by 10 feet or ten percent (10%) the maximum height permitted in the district for the particular structure, whichever is the lesser.

No variance shall be granted under this paragraph d except by an affirmative vote of at least 5 members of the zoning board of adjustment.

No variance or other relief may be granted under the provisions or paragraphs a through d above 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 zoning regulations.

If an applicant for development requests one or more variances but not a variance for a purpose enumerated in this subsection 15-8d, the decision on the requested variance or variances shall be rendered under subsection 15-8c.

e. To direct the issuance of a permit pursuant to R.S. 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, provided, however, that the zoning board of adjustment shall not exercise this power 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 R.S. 40:55D-60b.

f. To direct the issuance of a permit pursuant to R.S. 40:55D-36 for a building or structure not related to a street, provided, however, that the zoning board of adjustment shall not exercise this power 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 R.S. 40:55D-60c.

g. To grant, to the same extent and subject to the same restriction as the planning board, subdivision or site plan approval pursuant to R.S. 40:55D-37 through 59 or conditional use approval pursuant to R.S. 40:55D-67 whenever the board is reviewing an application for approval of a variance or departure pursuant to paragraph d of this section.

h. Separate Consecutive Applications. An applicant 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 the 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 regulations. The number of votes of board members required to grant any such subsequent approval shall be as otherwise provided in this ordinance for the approval in question, and the special vote pursuant to the aforesaid subsection 15-8d shall not be required.

i. Reference of Applications. Any application under any paragraph of this subsection may be referred to any appropriate person or agency, including the planning board, for a report provided that such reference shall not extend the period of time within which the zoning board of adjustment shall act.

Appeals to the zoning board of adjustment may be taken by an interested party affected by any decision of an administrative officer of the township based on or made in the enforcement of the zoning chapter or official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. At the same time ten copies of such notice shall be filed with the secretary of the zoning board of adjustment. The officer from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record upon which the action appealed from was taken.

Applications addressed to the original jurisdiction of the zoning board of adjustment, without prior application to the administrative officer, shall be filed with the secretary of the zoning board of adjustment. Ten copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than ten days prior to the date set for hearing, the applicant shall also file all plot plans, maps and other papers required by virtue of any provision of this chapter or any rule of the zoning board of adjustment.

An applicant shall obtain all necessary forms from the secretary of the zoning board of adjustment, who shall inform the applicant of the steps to be taken to institute proceedings and of the meeting dates of the board.

An appeal to the zoning board of adjustment shall stay all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom 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 the life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.

The zoning board of adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or the submission of a complete application for development to the board pursuant to the provisions of R.S. 40:55D-72(b) is made.

In the event that an applicant elects to submit separate consecutive applications as permitted by section 15-8, the aforesaid time limit 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 ordinance or in the Municipal Land Use Law.

Failure of the zoning board of adjustment to render a decision within such 120-day period, or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.

Whenever the applicant wishes to claim approval of his application for development by reason of the failure of the zoning board of adjustment to grant or deny approval within the applicable time period, the applicant shall comply with the procedural requirements of R.S. 40:55D-

The zoning board of adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from, and may make such other requirements, decision or determination as should be made in its opinion, and to that end the board shall have all the powers of the administrative officer from whom the appeal was taken.

Any variance hereafter granted by the zoning board of adjustment permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises, shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by such variance, or unless such permitted use has actually been commenced, within one year from the date of entry of the determination of the zoning board of adjustment; provided, that the running of the period of limitation hereby established shall be tolled from the date of the filing of an appeal from the decision of the zoning board of adjustment to the township committee or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.

Whenever any variance hereafter granted by the zoning board of adjustment or the planning board is related to subdivision or site plan approval, such variance shall remain in effect so long as the related final subdivision or final site plan approval remains in effect, whereupon such variance shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced.

An application may be referred by the zoning board of adjustment to any appropriate person or agency, including the planning board pursuant to R.S. 40:55D-26, for study and report, provided that such reference shall not extend the period of time within which the zoning board of adjustment shall act.

The final disposition by the zoning board of adjustment on any matter shall require the concurring vote of a majority of a quorum except as provided in subsection 15-8d and as provided in R.S. 40:55D-26, 32 and 34.

The zoning board of adjustment shall, at least once a year review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The zoning board of adjustment shall send copies of each report and resolution to the Township Committee and Planning Board.

In the event that the zoning board of adjustment shall lack a quorum because any of its regular or alternate members is prohibited by section 13-2 from acting on a matter, regular members of the planning board shall be called upon to serve, for that matter only, as temporary members of the zoning board of adjustment. The Class IV members of the planning board shall be called upon in order of seniority of continuous service on the planning board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the chairman of the planning board shall make the choice.