Kaufmann v. Planning Bd. for Warren Tp.

The opinion of the Court was delivered by

O’HERN, Justice.

This is the first time that we have addressed the provisions of N.J.S.A. 40:55D-70c(2), a variance provision added to the Municipal Land Use Law (MLUL) by the comprehensive amendments of L. 1984, c. 20 (hereafter the c(2) variance). The provision allows a variance for certain dimensional requirements when the purposes of the MLUL would be advanced, the benefits of the deviation would substantially outweigh any detriment, and the relief can be granted without substantial detriment to the public good and without substantial impairment of…