Township of Hanover, NJ
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2023-06-08
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Part II General Legislation
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Chapter 166 Land Use and Development
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Part 4 Subdivision and Site Plan Review
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Article XVI Deviation from Subdivision and Site Plan Regulations
- Administrative Legislation
- Ch 1 General Provisions
- Ch 2 Code of Ethics
- Ch 5 Board Meeting Attendance; Removal From Office for Nonexcused Absences
- Ch 9 Claims Approval
- Ch 13 Community Development Revenue Sharing
- Ch 14 Contracts
- Ch 15 Cooperative Pricing
- Ch 17 Municipal Court and Violations Bureau
- Ch 19 Cultural Arts Committee
- Ch 20 Defense and Indemnification
- Ch 21 Economic Development Advisory Committee
- Ch 22 Environmental Commission
- Ch 27 Health, Board of
- Ch 31 Landmark Commission
- Ch 35 Local Assistance Board
- Ch 39 Municipal Utilities Authority
- Ch 43 Notices, Service of
- Ch 47 Officers and Employees
- Ch 50 Open Space, Parkland and Facilities Preservation Trust Fund Advisory Committee
- Ch 53 Police Department
- Ch 54 Police Officers, Off-Duty Employment of
- Ch 57 Public Works, Buildings and Grounds and Park Maintenance Department
- Ch 59 Recreation Commissioners, Board of
- Ch 61 Salaries and Compensation; Personnel Policies
- Ch 63 Stoney Brook Community Farm and Garden Advisory Committee
- Ch 65 Sewerage Authority
- Ch 67 Substance Awareness Council
- Ch 69 Whippanong Garden Club
- Ch 70 Whippanong Library
- General Legislation
- Ch 72 Affordable Housing
- Ch 74 Aircraft
- Ch 78 Alarm Systems
- Ch 82 Alcoholic Beverages
- Ch 86 Amusement Devices
- Ch 90 Autowreckers
- Ch 92 Background Checks
- Ch 94 Buildings and Structures
- Ch 99 Carnivals
- Ch 102 Checks, Fraudulent
- Ch 105 Construction Codes, Uniform
- Ch 109 Curfew
- Ch 113 Dance Halls
- Ch 115 Developers' Disclosure
- Ch 117 Dogs and Other Animals
- Ch 120 Drugs and Drug Paraphernalia
- Ch 121 Dry-Cleaning and Laundering Establishments
- Ch 122 Filming
- Ch 125 Fees
- Ch 126 Fertilizer Application
- Ch 129 Firearms and Weapons
- Ch 133 Fire Insurance Claims
- Ch 137 Fire Prevention
- Ch 141 Floodplain Management
- Ch 146 Games of Chance
- Ch 150 Garage Sales and Flea Markets
- Ch 154 Garbage, Rubbish and Refuse
- Ch 155 (Reserved)
- Ch 158 Grading
- Ch 161 Hazardous Substance Discharge and Recovery Costs
- Ch 162 Hazardous Substances
- Ch 165 Hotel and Motel Room Occupancy Tax
- Ch 166 Land Use and Development
- Ch 166 Pt 4 Art XVI Deviation from Subdivision and Site Plan Regulations
- § 166-105 Conditions for allowing deviations.
- Ch 171 Littering
- Ch 176 Minibikes
- Ch 179 Motels
- Ch 179A Municipal Buildings, Restricted Areas to Safeguard Records
- Ch 180 Nuisance Properties
- Ch 183 News Vending Machines
- Ch 184 Noise
- Ch 187 Oil-Water Separators and Water Quality Basins
- Ch 189 Parental Responsibility
- Ch 193 Parking and Traffic in Semipublic Places
- Ch 198 Parks and Recreation Areas
- Ch 200 Payment in Lieu of Taxes (PILOT)
- Ch 202 Peace and Good Order
- Ch 210 Pesticides
- Ch 214 Poolrooms
- Ch 218 Property Maintenance
- Ch 220 Retail Establishments Hours of Operation
- Ch 223 School Property, Use of
- Ch 225 Scooters
- Ch 228 Secondhand Dealers
- Ch 229 Security
- Ch 230 Separate Storm Sewer System
- Ch 232 Sewers
- Ch 235 Short-Term Rentals
- Ch 237 Snow and Ice Removal
- Ch 241 Soil Removal
- Ch 243 Solicitors, Canvassers and Itinerant Vendors
- Ch 248 Streets and Sidewalks
- Ch 250 Taxicabs and Limousines
- Ch 253 Tennis Courts
- Ch 255 Towing and Road Service
- Ch 257 Traffic Control Regulations
- Ch 258 Trees
- Ch 263 Vehicles, Abandoned
- Ch 266 Vehicle Statutes Applicable to Private Property
- Ch 267 Vehicles and Traffic
- Ch 277 Water
- Board of Health Legislation
- Ch 281 General Provisions, Board of Health
- Ch 282 Alternate Members to Board of Health
- Ch 284 Fees
- Ch 288 Ice Delivery
- Ch 289 (Reserved)
- Ch 290 Milk and Milk Products
- Ch 292 Mink Ranches
- Ch 296 Notices, Service of
- Ch 300 Nuisances
- Ch 304 Odors, Offensive
- Ch 308 Officers and Employees
- Ch 312 Pigs
- Ch 318 Retail Food-Handling Establishments
- Ch 323 Sewage Disposal
- Ch 327 Smoke
- Ch 331 Swimming Pools
- Ch 335 Vending Machines
- Ch 336 Tobacco, Sale of
- Ch 337 Electronic Smoking Devices
- Appendix
- Ch A343 Cable Television Franchise
- Disposition List
- Ch DL Disposition List
The rules, regulations and standards as set forth in this Part 4 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 Part 4 shall give primary consideration to the above-mentioned matters and to the health, safety and welfare of the entire community. However, if the applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these subdivision or site plan regulations shall exact undue hardship, the Planning Board may permit such deviation as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this Part 4. The purpose of this section is to provide for deviation from the terms of this Part 4 and not from the terms of the Zoning Regulations of the Township. In making its findings, as required hereinbelow, the Planning Board shall take into account the nature of the proposed work and the existing use of land in the vicinity, the effect of the proposed deviation on the Township Master Plan, the number of persons to reside or work in the proposed subdivision or site and the probable effect of the proposed application upon traffic conditions in the vicinity. No deviation shall be granted unless the Planning Board finds that:
A.
There are special circumstances or conditions affecting
such property such that the strict application of the provisions of
this chapter would deprive the applicant of the reasonable use of
his land.
B.
The deviation is necessary for the preservation and
enjoyment of a substantial property right of the applicant
C.
The granting of the deviation will not be detrimental to the public health, safety and welfare or injurious to property in the area in which such property is situated. A petition for any such deviation shall be submitted, in writing, by the applicant at the time the application is submitted. The petition shall state fully the grounds upon which the application is made and the facts upon which the applicant relies for the relief requested. The petition shall be heard and acted upon by the Planning Board as a whole, but no application involving a deviation shall be approved before receipt of the County Planning Board's report thereon, if required, or the expiration of the period of time within which such report is required to be submitted. If the Planning Board deems the proposed deviation of sufficiently serious nature, it may require additional public hearings to be held in accordance with Article VI. If the Planning Board shall disapprove the proposed deviation, the reasons therefor shall be stated in its resolution, and the applicant shall remedy said application prior to further consideration by the Board.
