PB 24 01 West Essex Highlands Inc Draft Resolution

for “c” variances as set forth in N.J.S.A. 40:55D-70. A c(1) variance may be granted for reasons of exceptional topographical conditions or physical features uniquely affecting a specific piece of property such that the strict application of any regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property. A c (2) variance may be granted when the purposes of zoning are advanced and the benefits of deviating from the ordinance requirements outweigh any detriments. The benefits derived from granting a “c (2)” variance must include benefits to the community as a whole, not just the applicant or property owner A “c” variance must address the “negative criteria,” and affirmatively demonstrate that the variance can be granted “without substantial detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the municipality. 97. The criteria for an RSIS exception (set forth in N.J.A.C. 5:21-3.1) are: 1. Is the exception consistent with the intent, 2. Is the exception reasonable, limited and not unduly burdensome, 3. Does it meet the needs of public health and safety and 4. Does it take into account existing infrastructure and possible surrounding future development. 98. The Board considered applying almost 50 conditions to the application in the event that the Application was approved. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. The use at the site is a permitted use.