Resolution Appointing Planning Board Attorney

VARIANCE REQUIRED “c” Variance SECTION/REQUIREMENT PERMITTED EXISTING PROPOSED /REQUIRED Downtown Redevelopment Plan signage | Not permitted None Proposed requirements — internal illumination The Municipal Land Use Law (MLUL) at N.J.S.A 40:55D-60 allows a planning board to grant variances ancillary to site plan approval, or in this instance, pursuant to a deviation from a redevelopment plan standard. The proofs are the same as N.J.S.A 40:55D-70c, which permits a board of adjustment to grant variances from the bulk regulations of a zoning ordinance and other zoning deviations that do not require a “d” variance. A “c(1)" variance is for cases of hardship due to factors such as shape or topography, or due to “an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon.” A “c(2)” variance may be granted where the purposes of zoning are advanced and the benefits of deviating from the ordinance requirements outweigh any detriments. The benefits derived from granting a “c(2)” variance must include benefits to the community as a whole, not just the applicant or Property owner. A “c” variance applicant also must address the “negative criteria,” and affirmatively demonstrate that the variance can be granted “without substantial detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the municipality. Under the c(2) criteria, the Applicant must demonstrate that in a particular instance relating to a specific piece of property, the purposes of the Act would be advanced by allowing a deviation from the Zoning Ordinance requirements and that the benefits of any deviation will substantially outweigh any detriment. These tests specifically enumerated above constitute the affirmative proofs necessary in order to obtain "bulk" variance relief, under Section c(2). Also, an applicant for these variances must show that the proposed relief sought will not cause a substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance. The burden of proof is upon the Applicant to establish that these criteria have been met. The Municipal Land Use law would be advanced by the deviation of illumination of the sign within the shopping center as it will bring the

the Applicant to establish that these criteria have been met. The Municipal Land Use law would be advanced by the deviation of illumination of the sign within the shopping center as it will bring the land up to modern times, this deviation will also outweigh any detriment as it will allow for better visibility and safety of the area. The benefits of the deviation listed above are as follows: better advertising, safety and visibility of the store and sign. None of these benefits would outweigh any detriment to the Township. NOW THEREFORE be it resolved by the Planning Board of the Township of West Orange that the amended application (PB-21-09) Amended Site Plan Approval and Variances for Limited Site Modifications Related To Signage For One New Tenant On The Property located at 217 Main Street (Block: 116.02; Lot: 1.01; Zone: E-C , Downtown Redevelopment Plan) is determined as follows: