PB 26 04 Orange Prospect LLC Draft Resolution

23. N.J.S.A. 40:55D-60 permits a planning board to grant variances from the bulk regulations of a zoning ordinance and other zoning deviations that do not require a “d” variance as part of site plan or subdivision review. The variance proofs are the same as for “c” variances as set forth in N.J.S.A. 40:55D-70. 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. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. The Application requires Amended Preliminary and Final Major Site Plan approval with “c” variances, waivers, a Soil Movement Permit, a Stormwater Management Permit, a Tree Removal and Replacement Permit, and an extension of time for replacement tree planting pursuant to Section 28-8 of the Township’s Tree Protection, Removal and Replacement Ordinance. 2. The requested variance for stormwater relief satisfies the c(2) criteria for the variance because the Applicant has demonstrated an overall reduction in impervious coverage that is in keeping with the intent and spirit of the stormwater ordinance and will improve stormwater management as the Board’s Engineering Consultant concurred that the variance from the on-site retention requirement of Section 25-29.4.S.2 is appropriate given the overall reduction in impervious coverage and resulting decrease in both stormwater