What is a (c.) (2) or substantial benefit variance?
N.J.S.A. 40:55D-70(c.)(2) Substantial benefit variance. Undue hardship is not a criteria under this variance. Rather, in addition to other enumerated criteria, the applicant must demonstrate that a purpose of the Municipal Land Use Law would be advanced by a deviation from the zoning ordinance. For example, where a stream crosses a rear yard a (c.)(2) variance may be approved to allow for adjustment of setbacks in order to protect the stream and prevent the degradation of the environment through improper use of land (i.e., one of the purposes of the Municipal Land Use Law). – Last Update: March 11, 2005 which is 1465 days ago.
N.J.S.A. 40:55D-70(c.)(2) Substantial benefit variance. Undue hardship is not a criteria under this variance. Rather, in addition to other enumerated criteria, the applicant must demonstrate that a purpose of the Municipal Land Use Law would be advanced by a deviation from the zoning ordinance. For example, where a stream crosses a rear yard a (c.)(2) variance may be approved to allow for adjustment of setbacks in order to protect the stream and prevent the degradation of the environment through improper use of land (i.e., one of the purposes of the Municipal Land Use Law). – Last Update: November 3, 2007 which is 844 days ago.
