09152026_ZB 26 01 15 Alan Street Board Review 3

Memorandum Page 7 of 7 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. 3. Regarding height variances of accessory structures: a. If the proposed height variance does not apply to a principal structure, that is, to a building or structure in which it is conducted or which constitutes the principal use of the lot on which it is located, then it is not within the sole jurisdiction of the zoning board of adjustment. In other words, the height of an accessory structure will be a c variance matter and will thus fall within the ancillary power of the planning board pursuant to N.J.S.A. 40:55D-60 which allows the planning board to exercise c variance authority in conjunction with its exercise of authority over site plans, subdivisions and conditional uses.