Prior Resolutions of Approval submission

FINAL — V1 — SKW - 10.18.23 land use board to consider the development plan provided by an Applicant, and to grant site plan approval if the detailed drawings, specifications, and estimates of the application conform to the standards established by ordinance for final approval, pursuant to N.J.S.A. 40:55D-50(a). 36. Here, the Board finds that the Applicant has demonstrated compliance with the Township's Major Site Plan requirements, as set forth in Section 25-51.7 et seq. of the Ordinance, and that good cause exists to grant the Applicant amended preliminary and final major site plan approval, with the requested variance relief detailed below. (d)(2) Expansion of Pre-Existing Non-Conforming Use Variance Relief 37. Regarding the Applicant’s request for (d)(2) expansion of use variance relief, the Board first notes that a proposed expansion, or intensification, of a lawfully created, preexisting, nonconforming use, which also includes the expansion of a building in which a lawfully created preexisting nonconforming use is to be carried on, requires variance relief pursuant to 40:55D- 70(d)(2). See Burbridge v. Mine Hill Tp., 117 N.J. 376, 384-385 (1990); Kohl v. Mayor and Council of Fair Lawn, 50 N.J. 268 (1967); Black v. Montclair, 34 N.J. 105 (1961); Conselice v. Borough of Seaside, 358 N.J. Super. 327, 333 (App. Div. 2003); Anfuso v. Seeley, 243 N.J. Super. 349, 353- 357 (App. Div. 1990); Alpine Tower v. Mayor & Council, 231 N.J. Super. 239, 246-247 (App. Div. 1989); Kingwood v. Board of Adjustment, 272 N.J. Super. 498, 502 (Law Div. 1993). 38. The Board also notes that, to establish an entitlement to any form of variance relief under N.J.S.A. 40:55D-70, an applicant must demonstrate the "positive" and "negative" criteria applicable to the type of relief requested. In the case of (d)(2) expansion of use variances specifically, while an applicant for such relief need not show that it would have been entitled to a variance for the initial nonconformity, it nevertheless must satisfy the same positive and negative 14