Planning Director Memo Dated August 29 2022

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 3 within the required setbacks from property lines or the cliff face that runs along the boundary with Lot 36 to the east. The total area of disturbance on the property is 3.7 acres, according to the Environmental Impact Statement, meaning over 70 percent of the overall site will remain undisturbed. DISCUSSION/RECOMMENDATIONS Zoning Compliance The subject property is located in the R-1 Residential zone district. The proposed single-family residences are permitted in the zone. The proposed subdivision complies with all R-1 zone bulk standards. As noted, a variance is required for disturbance of steep slopes 25 percent or greater. Variance Proofs The Municipal Land Use Law (MLUL) at N.J.S.A 40:55D-70c 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. The applicant must also 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. Issues This application is classified as a “major subdivision” by the Land Use Regulations Ordinance. The applicant’s name on the application form (William Cummings) is different than what is listed on a number of the submitted documents (SHI Builders). This should be clarified. It appears from the subdivision plat that the only improvements proposed to Ridge Road is a strip along eastern edge of the existing paved area, which is on the subject property. The applicant’s professionals should confirm this is the case, and discuss whether any other improvements to the existing road are warranted.