482026 PB25 11 525 Northfield Ave Planning Board Review 2

on of Illumination (§25-14.1) Provision shall be made for the reduction in the intensity of illumination to the minimum needed for Plan notes, “For nighttime, dim the entry lights approximately 90% to match FC of garage.”

Memorandum Page 18 of 19 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com security purposes when the facility is not in operation. v. Signage: i. Façade signage on the Northfield Avenue side of the building is proposed. This includes 51 SF of backlit lettering over top of 120 SF of green backing. The front wall area exceeds 800 SF, so the standard of 120 SF limit for a sign is applied. Applicant shall provide details on the sign’s projection distance from the building facade. Signage (§25-15.3) in B-2 Zone Ordinance Requirements Existing Proposed Shall not exceed an area equal to 15% of the front wall area, or 120 square feet, whichever is less. N/A 120 SF Shall not project more than one- foot beyond the building line N/A Applicant to provide vi. Steep Slopes (§25-28): i. The revised proposal significantly reduced the steep slope disturbance areas. Currently, a disturbance area of 45 square feet in an area with a slope between 15-19.99% is being proposed, which is within the allowable disturbance area threshold. The previous proposal included 7,781 square feet of disturbance area and exceeded the allowable disturbance area for multiple slope categories. 6. Statutory Criteria: Bulk/ “C” Relief 1. Applicant must confirm the building height and conditional use requirements are met. The applicant requires eleven (11) c-variances relief for this application. The applicant shall provide testimony that demonstrates how the request for relief may be granted based on one of the standards provided in the MLUL at N.J.S.A. 40:55D-70c. It is the applicant’s responsibility to bear the burden of proof. In order to satisfy the positive and negative criteria for each c variance enumerated above, the applicant should provide testimony that satisfies either the c(1) hardship criterion or c(2) flexible criterion as set forth in the MLUL. a. Positive criteria: There are two types of c variances - the c(1) hardship and the c(2) flexible variance.

Memorandum Page 19 of 19 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com The c(1) hardship criteria states that a “hardship” will occur if the variance is not granted. The hardship relates to the physical or topographical features of the property and cannot relate to financial or personal hardship. Hardship relating to property can include: i. Narrowness, shallowness, or irregular shape ii. An exceptional topographic condition iii. Other unique conditions or features affecting the property The c(2) flexible variance states that by granting the variance, the purposes of the MLUL would be advanced by a deviation from the zoning ordinance requirement and that the benefits of granting the variance substantially outweigh the detriments. b. Negative criteria: The applicant must satisfy the two-prong test of the negative criteria; i. The variance can be granted without substantial detriment to the public good; and ii. The variance can be granted without causing substantial detriment to the zone plan. The applicant’s testimony regarding the negative criteria should address any potential impacts that the proposed variances may have on the neighborhood, as well as how the proposed development is consistent with, or in potential conflict with, both the zoning ordinance and the Township’s Master Plan.