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regarding any information that may be required. The Applicant shall provide testimony to discuss the unavoidable environmental impacts anticipated as a result of the proposed development.
- F.The Applicant is proposing to dedicate the portion of the property within the right-of-way of Toms River Road to Ocean County. Testimony shall be provided. The Applicant should indicate if there are any proposed improvements along Toms River Road.
- G.Per §244-203A sidewalks and curbing shall be required along all street frontages as a condition relating to any development for which approval is granted by the Planning Board or Board of Adjustment, whereas no sidewalk or curb is existing or proposed along the site frontage of Toms River Road. Sidewalk and curb should be provided, or the Applicant shall request a waiver. Should the waiver be granted the Applicant is required to contribute to the Jackson Township Pedestrian Fund.
- H.The plan should be revised to indicate if any of the existing improvements are to be removed.
- I.The ownership of the shed on adjacent Lot 41 should be confirmed.
- J.The Applicant should provide testimony to indicate how the subdivision will be filed.
- K.If the subdivision is to be filed by plat, the plat shall be in accordance with the Title Recordation Law.
- L.State plane coordinates shall be provided on 3 property corners, whereas state plane coordinates have been provided on 2 property corners.
- M.A monument should be provided at the new property line along the right-of-way of Toms River Road. The township clerk's certification for the setting of monuments shall be added to the plan.
- N.The limit of closure of 1:10,000 shall be noted on the plan.
- O.A letter from the tax assessor verifying the lot numbers shall be provided to our office.
- P.All required approvals shall be submitted.
V. VARIANCE(S)
- A.The Applicant may require variance relief under N.J.S.A. 40:55D-70(c); commonly referred to as a ‘c’ or “bulk” variance for minimum lot width, and minimum lot depth for dwellings served by an alternate design pilot program treatment system.
- B.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 the subdivision application.
- In order for the Board to grant a ‘c’ variance, an Applicant must demonstrate, to the Board’s satisfaction, that: (1) such action will relieve peculiar and exceptional practical difficulties or exceptional and undue hardship upon the developer of the subject property resulting from the strict application of the zoning ordinance (typically known as a Hardship Variance); OR (2) that granting a variance to allow departure from the zoning ordinance would advance one of the purposes of the Municipal Land Use Law (N.J.S.A. 40:55d-1 et seq. [“MLUL”]) and that the benefits of the deviation would substantially outweigh any detriment (typically known as the Special Reasons). Collectively, these are known as the Positive Criteria.
- The granting of a ‘c’ variance requires the affirmative vote of a majority of the Board members present at the hearing.
- The MLUL defines “peculiar and exceptional practical difficulties” and “exceptional and undue hardship” as:
- (a)[where] by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of