PB 24 19 TheWayMaker LLC 40 Eagle Ridge Way Draft Resolution

10 of the site plan and subdivision. N.J.S.A. 40:55D-50a; PRB Enters., Inc. v. S. Brunswick Planning Bd., 105 N.J. 1, 7 (1987); Dunkin' Donuts of N.J., Inc. v. Twp. of N. Brunswick Planning Bd., 193 N.J. Super. 513, 515 (App. Div. 1984). Conversely, if the application does not comply with all ordinance requirements, the Board must deny approval. Cortesini v. Hamilton Planning Board, 417 N.J. Super. 201, 215 (App. Div. 2010). However, there are two exceptions: (1) The first exception is where an application does not comply with all ordinance requirements but the Board grants relief in terms of variances or exceptions. In that case, the Board then must review the application against all remaining ordinance requirements and grant approval if the application complies with all such remaining requirements. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. As more than one acre of land is being disturbed for improvements consisting of the pool house, inground pool, and storm water management system, the Application is considered a Major Site Plan under the Township’s Stormwater Management Ordinances. 2. The proposed application complies with and meets all the standards of the Township ordinance and N.J.S.A. 40:55D-50a . NOW THEREFORE BE IT RESOLVED by the Planning Board of the Township of West Orange grants approval for Preliminary and Final Site Plan Approval without variances and for a Soil Removal Permit to construct a stormwater management system, driveway replacement,