Per 244-176.1G(1) office trailers may be used on a construction site as a construction office, subject to individual approval by the Planning Board or Zoning Board of Adjustment, and as individually approved by the Construction Official. Said office trailer may not be placed on the site prior to issuance of a building permit and must be removed at the owner's expense upon completion of the job. The Applicant shall provide testimony to discuss their intentions to place a temporary office trailer on-site.

Testimony should be provided regarding the earthwork quantities for the site and compliance with Chapter 364 – Soil/Fill Importation.

The Applicant has requested variance relief under N.J.S.A. 40:55D-70(c); commonly referred to as a 'c' or "bulk" variance for the required minimum lot width and minimum lot depth for the Basin Lots.

The Applicant requires variance relief under N.J.S.A. 40:55D-70(c); commonly referred to as a 'c' or "bulk" variance for the required minimum lot area and minimum lot frontage.

Additional “c” variance or waiver relief may be required pending Applicant's response to the issues identified in the body of this report.

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:

[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 property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation... would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property...[N.J.S.A. 40:55D-70c(1)]

Under N.J.S.A. 40:55D-2, the MLUL enumerates as its purposes:

To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare;