PB 26 01 Proposal and Reasons for Relief

Utilities are easily accommodated within the proposed easement area and improved stormwater management will be implemented, whereas the existing condition has no controls of the sheet flow of stormwater. The project involves permitted uses and poses no disruption to the appearance, safety or function of or even any substantive change to, the surrounding neighborhood. Criteria for Relief For bulk relief, an applicant must demonstrate either that (1) the site exhibits qualifying physical limitations (aka “C-1 Hardship”) or (2) that the granting of relief will facilitate a superior planning outcome over strict application of the affected requirements (“C-2 or weighing analysis where the benefits of the application as a whole, including public benefits, will substantially outweigh the detriments”). For either C-1or C-2 relief, a project must demonstrate no substantial detriment to the public good {i.e. surrounding neighborhood) and no substantial impairment to the purpose or intent of the Zone Plan (i.e. Master Plan) or Zoning Ordinance — the regulatory instrument that implements the planning vision of the Master Plan. Where both affected lots will host permitted uses (highest tier of land use regulation and planning concern) and will not disturb the existing neighborhood appearance, function or safety or the planning vision to host dwellings on lots of at least 15,000 square feet (next tier and level of planning concern), the proposal readily satisfies the C-2 criteria by putting underutilized land to productive and permitted use, preserving the visual character and also achieving improved storm water management. Due to the existing frontage shortfall that cannot be increased by acquiring adjacent property, the absence of any substantial detriment to the surrounding neighborhood or Master Plan/Zoning Ordinance, the project meets the C-1 Hardship criteria of the Statute (N.J.S. 40:55D-70.C.1) by adjusting the regulatory limitation for using a more-than-conforming fand area for a use that is permitted and encouraged by the Municipal Zone Plan. The Statute does not require that both “C” criteria be satisfied. Only one of the criteria must be met. In this case, both criteria (C-1 and C-2) are satisfied.