343-10 Attachment

The Planning Board may grant deviations from the regulations contained within the Original Plan as amended, including by the Third Amendment, subject to the scope and limitations set forth below, without such deviations being considered an amendment to this Redevelopment Plan requiring action by the Township pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. Such deviations may be granted wherever, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, pre-existing structures or physical features uniquely effecting a specific piece of property, the strict application of any area, yard, bulk or design objective or regulation adopted pursuant to the Redevelopment Plan, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property. The Planning Board may also grant a deviation from the regulations contained within the Redevelopment Plan related to a specific piece of property where the purposes of the Redevelopment Plan would be advanced by such deviation from the strict application or the benefits of granting the deviation would outweigh any detriments. The Planning Board may grant exceptions or waivers from the design standards associated with site plan or subdivision approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and/or subdivision approval if the literal enforcement of one or more provisions is impracticable or would exact undue hardship because of peculiar conditions pertaining to the site. No deviations from the regulations contained in the Redevelopment Plan shall be granted if such deviation would 1) result in permitting or expanding a use that is not a permitted use within the Area, 2) result in an increase in the maximum permitted height of greater than ten percent, or 3) result in an increase ha the permitted density within the Area. An application requesting a deviation from the requirements of the Redevelopment Plan shall provide public notice of such application in accordance with the public notice requirements set forth in N.J.S.A. 40:55D-12 (a) & (b). If any word, phrase, clause, section or provision of this document shall be found by a court of competent jurisdiction to be invalid, illegal

ce requirements set forth in N.J.S.A. 40:55D-12 (a) & (b). If any word, phrase, clause, section or provision of this document shall be found by a court of competent jurisdiction to be invalid, illegal or unconstitutional, such word, phrase, clause, section or provision shall be deemed severable and the remainder of the ordinance shall remain in full force and effect. IV. AFFECTED PROPERTIES Table I lists the properties, by tax map block and lot number, which are affected by this Third Amendment by adding bus parking as a permitted use in the Home Services District. As further clarification, Table 1-A lists all of the properties in the Area and identify the intended zoning district changes.