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- R.The Applicant shall provide testimony to discuss the overall lighting of the site with regard to safety and security.
- S.The Applicant is proposing a rain garden. The location of the rain garden shall be shown on the plans. The plantings shall be shown and labeled and the plant schedule is updated accordingly.
- T.Typical planting notes shall be provided on the plans for plant selection, plant installation, plant maintenance, and a 2-year maintenance guarantee on all plant material.
- U.The landscape plan shall be revised to label the proposed plantings and a plant schedule provided.
- V.It is highly recommended that more than one species of evergreen in groups of 3 to 5 plants be proposed as a result of various issues one species may have. The evergreens shall be spaced in order to provide a solid screen.
- W.The existing/proposed tree line appears to indicate that the entire area is wooded. Revise the tree line accordingly.
- X.All tree removal shall be in accordance with Chapter 405 of the Township of Jackson Ordinance.
- Y.A Landscape & Tree Save Plan shall be reviewed and approved by the Jackson Township Certified Tree Expert.
- Z.The Applicant shall provide testimony regarding any Affordable Housing obligations associated with the project.
V. VARIANCES & WAIVERS
- A.Applicant requests use variance relief under N.J.S.A. 40:55D-70(d) (commonly referred to as a "Use" variance) in order to permit the parking and storage of vehicles, heavy equipment, and storage trailers within a leased portion of the property not related to the principal use.
- B.Applicant may require variance relief for the existing conditions under N.J.S.A.40:55D-70(c); commonly referred to as a 'c' or "bulk" variance for minimum front yard setback and minimum required parking.
- C.Additional 'c' variance or waiver relief may be required pending Applicant's response to the issues identified in the body of this report and during site plan application.
- In order for the Board to grant a ‘d’ variance, The applicant has the burden of demonstrating “Special Reasons” for granting the use variance as well as offering an “enhanced quality of proof” which states that the variance is not inconsistent with the intent and purpose of the master plan and zoning ordinance (Positive Criteria). The applicant should also demonstrate that the requested relief can be granted without substantial detriment to the public good and will not impair the intent and purpose of the zone plan and zoning ordinance (Negative Criteria).
“Special Reasons”, the applicant should demonstrate that the proposed use carries out the purposes of zoning as listed in 40:55D-2 of the Municipal Land Use Law or that the refusal to allow the project would impose an undue hardship on the applicant. The applicant must present support for the first test within a Statement of Reasons contending that the proposed use promotes the purpose of zoning. In lieu of the Statement of Reasons, the applicant should provide a statement regarding the undue hardship which must relate to the land in question or unique conditions of the site.
With respect to the first portion of the Negative Criteria, the applicant must demonstrate that the requested relief can be granted without substantial detriment to the public good. The applicant must