These rules, regulations and standards shall be considered the minimum requirements for the protection of the health, safety and welfare of the citizens of the Township.
Any action taken by the Board under the terms of this chapter shall give primary consideration to the matters mentioned in § 316-54 above and to the welfare of the entire community.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of the provisions of this chapter will create exceptional, practical difficulties or will exact undue hardship and that a grant of variance therefrom will not adversely affect surrounding properties and will not impair the intent and purpose of Chapter 360, Zoning, this chapter or any other applicable Township ordinance, the Board may permit such a variance or variances as may be reasonable, but no such variance shall waive the requirement of any other Township ordinance or Official Map. An applicant seeking a variance shall apply therefor on forms to be promulgated by the Planning Board. No variance shall be granted except after public hearing, and the applicant's notice of hearing served upon property owners pursuant to this chapter shall include a statement that a variance is being sought, setting forth the section or sections of this chapter sought to be varied and the reasons why the applicant seeks said variance or variances. No variance shall be granted without the affirmative vote of a majority of the Planning Board.
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval where the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship. Exceptions shall be granted only upon notice by the applicant to the property owners within 200 feet of the site in question in the manner prescribed by § 36-19 of Chapter 36, Land Use Procedures, in conformance with Chapter 291 of the Laws of 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-12.
Copies of this chapter shall be filed with the county recording officer, the County Planning Board and the Township Clerk and shall be made available to any persons desiring a copy upon the payment of a fee established by the governing body.
Appeals from any decision of the Board pursuant to this chapter shall be made to a court of competent jurisdiction.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Certificates of approval shall be issued by the Township Clerk in accordance with N.J.S.A. 40:55D-56.