October 5, 2011

Document Page 2 of 2 rendered under subsection c. of this section, No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other reliet 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 (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 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 section 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, L.1975, ¢.291, s.57; amended 1979, c.216, s.23; 1983, ¢.260, s.13; 1984, ¢.20, s.12; 1991, ¢.256, 8.21; 1991, c.445, s.10; 1997, c.145; 2007, c.137, s.60, 40:55D-70.1. Annual report The 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, ifany. The board of adjustment shall send copies of the report and resolution to the governing body and planning board. L, 1985, c, 516, s. 16. 40:55D-70.2. Board of adjustment, determination; reasons 6. If, in the case of an appeal made pursuant to subsection a. of section 57 of P.L.1975, c.291 (C.40:55D-70), the board of adjustment determines there is an error in any order, requirement, decision or refusal made by the administrative officer pursuant to a report submitted by the historic preservation coninission or planning board in accordance with section 25 of P.L.1985, c.216 (C.40:5SD-111), the board of adjustment shall include the reasons for its determination in the findings of its

eservation coninission or planning board in accordance with section 25 of P.L.1985, c.216 (C.40:5SD-111), the board of adjustment shall include the reasons for its determination in the findings of its decision thereon, L.1991,¢.199,s.6. hitp:/lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=30858234&Depth=2&TD=WRAP.,. 9/28/2011