20260605_PB 26 04 111 Prospect Ave_Planning Review 1

Memorandum Page 15 of 16 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com Min. Illumination at Streets (§25-14.3) 1.2 footcandles Min. 1.0 FC (W) Max. Illumination at Property Lines (§25-14.1d) 0.5 footcandle or 0.3 footcandle abutting residential use 0.0 FC (for property lines shown) Max. Height of Wall- Mounted Fixture (§25-14.1c) 18 ft above normal grade 12-15 ft W = Waiver Required D. Signage i. The site plans show a sign being relocated at the driveway entrance. We are not in receipt of sign details. Applicant to provide details of the signage including placement and size in order to assess compliance with requirements. Signage (§25-15.3C2) Requirement Existing Proposed Freestanding Signs Located in the front yard - Front yard Setback 10 feet from front property line, 25 feet from side property line - Applicant to provide Maximum area 50 square feet - Applicant to provide Minimum height of 8 feet and maximum of 16 feet above the ground - Applicant to provide Maximum width of 6 feet including support structure - Applicant to provide 6. Statutory Criteria: Bulk/ “C” Relief 1. The applicant requires c-variance 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 16 of 16 236 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