October 5, 2011

communities and regions and preservation of the environment, f To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies; g To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the:needs of all New Jersey citizens; Lh To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight; : - ° i, To piomote‘a desirable visual environment through creative devélopment + technignes and good civic design and arrangements; : ate ahr nach COMO the conse istori | dis -open-space,-énergy . and degradation of the environment through improper use of land; k. To encourage planned unit developments which incorporate the best features of design and relate the’ type, design and-Jayout of residential, commercial, industrial and recreational, deyelopment, of the particulaf site; » i 1 To encourage senior-citizen: community housin struction, m. To éncourage coordination of the various i and private procedures and activities shaping land development with’a view of lessening the cost of such development and to the more efficient use of land; n. To proihote utilization ‘of renewable enérpy'resources; and oO. To promote:the maximum practicable recovery and-recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs. - "D" Variance There are five-times when an applicant must ask for a "d" variance. In these cases, proof by the appliéatit is’ éspecially important bécduse a:réquest for a “d” variance is a request to use property in a way contrary to the West Orange zoning plan and should not be takén lightly. A “d” variance will only be granted by affirmative vote of at least five members. ~~ As listéd below, the five instances for granting a "d" varlahce are enumerated in the Municipal Land Use Law at 40:55D-70d. The Board shall have the power to: [ijn particular cases and for special reasons, grant a variance to allow

ces for granting a "d" varlahce are enumerated in the Municipal Land Use Law at 40:55D-70d. The Board shall have the power to: [ijn particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to article 8 of this act-to permit Li ¢3) a use or principal structure in a district restricted against such use or principal structure, (2) ah expansion of a nonconforming use, . QB) deviation from a specification or standard pursuant to section 54 of P.L,. 1975, ¢. 291 (C. 40:55D-67) pertaining solely to a conditional use, (4) ari increase ‘in the perniitted floor area ratio as defined in section 3.1 of P.L. 1975, c. 291 (C. 40:55D-4), va : (5) an increase in the permitted density as defined in section 3.1 of P.L. 1975, c. 291 (c.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.