A. Where the applicant executes and records an affidavit or deed restriction with the County Register of Deeds, in a form acceptable to the municipality, designating the parcel as “not buildable”. Any such parcel shall also be designated as “not buildable” in the municipal records, and shall not thereafter be the subject of a request to the Zoning Board of Appeals for variance relief from the applicable lot and/or area requirements, and shall not be developed with any building or above ground structure exceeding four feet in height and shall not be used for human habitation.

A.

Where, in circumstances not covered by paragraph A above, the Zoning Board of Appeals has, previous to the application for division, granted a variance from the lot, yard, ratio, frontage and/or area requirements with which the parcel failed to comply.

B

. Where the proposed land division involves only the minor adjustment of a common boundary line or involves a conveyance between adjoining properties which does not result in either parcel violating this Ordinance, any applicable zoning ordinance, or the State Land Division Act.

C

. Approved site plans may not be modified by this ordinance or it’s amendments.