The rules, regulations and standards contained in this article
shall be considered the minimum requirements for the protection of
the public health, safety and welfare of the citizens of the Township.
Any action taken by the Planning Board under the terms of this article
shall give primary consideration to the above-mentioned matters and
to the welfare of the entire community. However, if the applicant
or his agency can clearly demonstrate that, because of peculiar conditions
pertaining to his land, the literal enforcement of one or more of
these regulations is impracticable or will exact undue hardship, the
Planning Board may permit such variance or variances as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this article.
The purpose of this section is to provide for variance from the terms of this chapter and not from the terms of Part 4, Zoning, of this chapter. In making its findings, as required herein below, the Planning Board shall take into account the nature of the proposed use and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Planning Board finds:
A.
That there are special circumstances or conditions affecting the
property such that the strict application of the provisions of this
chapter would deprive the applicant of the reasonable use of his land.
B.
That the variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
C.
That the granting of the variance will not be detrimental to the
public welfare or injurious to property in the area in which the property
is situated.
