Supporting Documentation · Date unavailable
PB-21-01 West Orange Plaza Block: 152.01 Lot 1445 & 1445.05
a07e1ca30cd2289fa087da1b1de153bce05680b085f4a4210048a6f2a8df608bIndexed text · page 16
Show all pageswidth- shopping center sign . The Municipal Land Use Law, at N.J.S.A. 40:55D-70(c) provides Planning Boards with the power to grant variances from bulk and other Ordinance requirements when the Applicant satisfies certain specific proofs enunciated in the statute. . 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 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. . As to site plan requested waivers, Applicant requested waivers (as noted in the report of Township Engineer, John Hess, dated June 7, 2023), of the following: #22 (Development stages or staging plans), #46 (Solid waste management plan), #48 (Sight triangles), to permit a parking area setback of 2 ft whereas 5 ft is required by §25-8.1 of the Ordinance, to permit 1,197 parking spaces where 1,147 parking spaces are required, to permit 12 loading spaces where 34 loading spaces are required, to permit a light pole height of 25
File revisions (1)
- Sep 29, 2026
a07e1ca30cd27,545,357 bytes