2022 08 08 Planning Report

Township of West Orange Planning Board August 8, 2022 Page 3 of 4 PLANNING RATIONALE FOR VARIANCES Steep Slope Disturbance (25-28.8) A Variance is required for disturbance of slopes in excess of 25%. Justifications for the granting of the Variances is viewed in the using the flexible c-variance proofs under N.J.S.A. 40:55D-70 (c) 2., where the benefits of the proposal substantially outweigh the impacts by the review of the positive and negative criteria under the statutory requirements. In this case, the property is located in an undeveloped wooded tract with varying slopes throughout. Significant slopes exist along the eastern edge of the property adjacent to Mount Pleasant Avenue and milder slopes (0.0%-9.9%) generally exist along the western portion of the property adjacent to Ridge Road. As shown on the accompanying Steep Slopes Plan, small isolated areas of 25% slopes exist within the development area fronting Ridge Road. The benefits of disturbing these isolated areas of step slope allow the project to proceed with less overall disturbance which would otherwise be required to avoid these areas. Further, this disturbance will allow the project to provide a grading pattern that limits erosion potential in or near the proposed dwellings and with access from a local road in Ridge Road which would not otherwise be practical. The benefits described above can be summarized with respect to the purposes of zoning as provided for under N.J.S.A 40:55D-2 as follows: Purpose “a”: To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare. The proposal seeks to develop a conforming residential subdivision while limiting area of disturbance and utilizing existing infrastructure and thus promoting the public health, safety, morals, and general welfare. Purpose “c”: To provide adequate light, air and open space. The dwellings will not exceed the permitted level of building coverage. The proposal includes adequate setbacks and site landscape improvements to improve these conditions collectively providing the intentions of adequate light air and open space. Purpose “e”: To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and

en space. Purpose “e”: To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment. The proposal seeks to provide a residential development consistent with the master plan and zoning density standards as evidenced by the compliance with the majority of R-1 zoning controls. Purpose “i”: To promote a desirable visual environment through creative development techniques and good civic design and arrangement. The proposal would further this purpose by the site arrangement with less overall disturbance and impact as well as by providing compliance with setbacks, the various building design features and related aesthetic site improvements.