104 Winding Way ZB 24 17 Planning Review REV1 April 7 2025

8 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 EXCESSIVE STEEP SLOPE Any steep slope 25% or greater. STEEP SLOPE Any slope equal to or greater than 10% as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less. Planning Comments Bulk “C” Variances N.J.S.A. 40:55D-70c sets forth the criteria for a planning board to grant variance from bulk requirements of zoning ordinance. Two types of “c” variances can be granted: (c) 1: in cases of hardship, such as “exceptional narrowness, shallowness or shape of specific piece of property,” or by reason of exceptional or unique topographic conditions, physical features, or an exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon. (c) 2: where the purposes of zoning would be advanced, and the benefits derived by the variance would outweigh any detriments. The applicant must also meet the negative criteria of the statute for the granting of a “c” variance, wherein a variance can be granted only “without substantial detriment to the public good” and where it “will not substantially impair the intent and the purpose of the zone plan and zoning ordinance.” Steep Slope Ordinance While it appears there are deficiencies in the application with respect to providing the required information under the Steep Slope ordinance, we defer to the Board Engineer as to the extent that Applicant meets the information required for Steep Slopes in accordance with §25-28.7. Pursuant to a conference call and discussions with the Board Engineer, the applicant has met the informational requirements of the code.