[Added 4-3-78 by Ord. No. 78-4]
A. 
Authority. This Article is adopted pursuant to N.J.R.S. 40:55D 39 et seq.
B. 
Purpose and intent. In order for the Township of East Brunswick to encourage innovation in design and reflect changes in land development technology and to provide for necessary commercial facilities and services; to ensure compatibility among land uses; to conserve the value of land; to encourage more efficient use of land and of public services; to encourage better transportation of people; to prevent strip commercial development; and to preserve the residential integrity of adjacent areas, the Township Council of the Township of East Brunswick hereby declares it to be in the general interest of the health, safety and welfare of the inhabitants of the Township of East Brunswick and in harmony with the objectives of this article and the Township's adopted Master Plan to permit greater flexibility in design, layout and construction in housing development and commercial development than heretofore.
C. 
Definition of MXD.
(1) 
An area of minimum contiguous size of 20 acres as specified by this article to be planned, developed and managed as a single entity containing one or more structures with appurtenant common area to accommodate commercial or office uses or both and any residential or other uses.
(2) 
In a single development operation or a definitely programmed series of development operations, including all lands and buildings.
(3) 
For principal and accessory uses and structures substantially related to the character and purposes of the district.
(4) 
According to comprehensive and detail plans that include not only street, utilities, services or building sites and the like but also site plans and floor plans for all buildings as intended to be located, constructed, used and related to each other and detailed plans for the uses and improvements on the land as related to the buildings.
(5) 
With a program for provision, operation and maintenance of such areas, facilities and improvements as will be for common use by some or all of the occupants of or visitors to the district but will not be provided, operated or maintained at general public expense.
(6) 
An option or overlay zone in which mixed use development is permitted, subject to the requirements set forth in this article.
A. 
Standards for development. No mixed use development under this article shall take place except upon tracts of land having a minimum of 20 contiguous acres having sufficient access to existing improved streets; MXD Districts shall be located with available sanitary sewers, water lines, storm and surface drainage systems and other utility systems and installations in such a way that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development in the forms generally permitted under current zoning for the area.
B. 
Mixed use development may be approved only where an applicant agrees to provide at his cost either private facilities, utilities and/or services required by any appropriate public agencies having jurisdiction or any such facilities, utilities and/or services that are not available from the Township of East Brunswick, or otherwise service the particular development. An applicant shall make provisions to assure the satisfactory continuing operation of such facilities, utilities and/or services, permanently or until the same are available from public sources. An applicant shall also make provisions for, or shall make appropriate contributions for, any off site or off tract development as may be required by the mixed use development.
C. 
In the event that any subdivisions are required of properties in the Mixed Use Zone, applicants may apply for such subdivisions simultaneously with its application for development for the MXD property.
[Amended 4-14-93 by Ord. No. 93-12]
The specific mix of uses is subject to approval of the Planning Board. Permitted uses shall be:
A. 
Food and food service establishments, including supermarkets, bakeries, candy and nut shops, restaurants, cafeterias, sandwich shops and snack bars.
B. 
Clothing and apparel establishments, including department stores, junior department stores, variety stores, ladies' wear, hosiery, millinery, children's wear, shoe stores, fur stores and men's and boys' wear.
C. 
Furniture and home furnishings, including garden shops and establishments selling lamps, appliances, floor coverings, china and glassware, paint and wallpaper and hardware.
D. 
General offices, including but not limited to:
(1) 
Finance, insurance and real estate services. These include banking services, bank related functions and savings and loan associations; actuarial business and personal credit services, security brokers, dealers and flotation services; commodity contracts, brokers and dealers services; security and commodity exchanges; security and commodity allied services; insurance carriers; insurance agents, brokers and services; real estate operators, except developers and resources; real estate agents, brokers and management services; title abstracting services; real estate subdividing and development services; real estate operative builders; combination of real estate, insurance, loan and law services; other real estate and related services; holding and investment services; and other finance, insurance, travel and real estate services.
(2) 
Personal services; photographic services; beauty services; and barber services.
(3) 
Business services; advertising services; outdoor advertising services; other advertising services; consumer and mercantile credit reporting services; adjustment and collection services; direct mail advertising services, blueprinting and photocopying services; stenographic services and other duplicating mail services; news syndicate services and informant services.
(4) 
Research, development and testing services; business and management consulting services; and detective and protective services.
(5) 
Professional services; physician services; chiropractic services; psychologist and psychiatric services; dental services; medical laboratory services; dental laboratory services; legal services; engineering and architectural services; educational and scientific research services; accounting, auditing and bookkeeping services; urban planning services; data processing services; and other professional services.
(6) 
Governmental services; executive, legislative and judicial functions; and postal services.
(7) 
Miscellaneous services; business associations; professional membership organizations; labor unions and similar labor organizations; and civic, social and fraternal associations.
E. 
Personal service and other retail establishments, including beauty shops, barbershops, watch repair, dry cleaning, travel agents, music and record shops, book and stationery stores, wine stores, card and gift shops, camera shops and similar types of stores compatible with a community type shopping center.
F. 
Multifamily residential structures and townhouses, including and encouraging a variety of housing types and styles. Total residential use shall not exceed fifty percent (50%) of the total allowable land coverage in an entire MXD development lot.
G. 
Motels and hotels, including meeting rooms and dining facilities in connection therewith.
H. 
Automobile parking area, lots or structures; public utility structures and facilities, other than those of an industrial character, such as repair and maintenance shops, storage facilities and bus terminals.
I. 
Professional schools and training institutes, postal facilities, etc.
J. 
Warehouse and distribution facilities.
K. 
Public and quasi public buildings.
L. 
Recreational facilities.
M. 
Deleted.
[4-14-93 by Ord. No. 93-12]
N. 
Mechanical amusement devices and mechanical amusement facilities as described in Chapter 135 of the Code of the Township of East Brunswick.
[Added 6-25-79 by Ord. No. 79-146]
[Amended 12-13-82 by Ord. No. 82-480; 8-28-89 by Ord. No. 89-51; 10-27-97 by Ord. No. 97-22; 6-23-2025 by Ord. No. 25-24; 8-11-2025 by Ord. No. 25-28]
Prohibited uses and buildings shall be:
A. 
Sex clubs and massage parlors.
B. 
Limousine or livery service.
C. 
Storage yard for wreckers and damaged or disabled vehicles associated with a wrecker operation.
[Added 4-14-93 by Ord. No. 93-12; amended 5-10-93 by Ord. No. 93-19]
A. 
Attached and freestanding fast-food restaurants based upon the following standards:
(1) 
Minimum lot size shall be 40,000 square feet.
(2) 
Building coverage shall be no greater than 10% of the lot area for freestanding restaurants.
(3) 
Parking shall be provided at a rate of 1 space for every two seats plus 10 additional spaces for employees.
(4) 
Indoor seating for patrons shall be provided. Indoor public seating areas shall be a minimum of one-third of the building area.
(5) 
No other tenants shall be permitted in the freestanding building.
(6) 
The side and rear yards shall be screened with a solid masonry wall or board-on-board fence at the Board's discretion, a minimum of six (6) feet in height.
(7) 
All season planted buffer strips ten feet in width shall be provided along the side and rear property lines. Where the property abuts a residence or residential zone these buffers shall be increased to twenty-five (25) feet in width. In areas with existing space constraints, the board may reduce the width of the buffer if additional plantings, berms, plants of greater height or other mitigating factors are required instead.
(8) 
The applicant shall submit traffic and circulation studies to establish the nature and extent of the anticipated customer volume and that such volume can be accommodated at the location without substantial adverse impact.
B. 
Drive-thru facilities at attached and freestanding fast-food restaurants subject to the following standards:
[Amended 5-10-93 by Ord. No. 93-19]
1. 
A separate delineated drive-thru lane shall be provided.
2. 
Queue storage that minimizes interference with pedestrian and vehicular movements.
3. 
The proposed drive-thru facility shall be implemented without posing a safety hazard to pedestrian and vehicular traffic.
4. 
Reserve parking spaces shall be provided between the drive-thru area and the facilities exit. Such parking spaces are intended for use by any drive-thru vehicles awaiting delivery of a delayed order.
5. 
Drive-thru facilities shall operate only when the dining room is open to the public.
6. 
The drive-thru facility shall be designed for and utilized by motorized vehicles only.
7. 
A bail-out lane shall be provided so that cars in queue can leave the queue safely.
8. 
A canopy or cover shall be provided over the window.
9. 
No loudspeaker shall be permitted at properties that abut a residential zone or residential property lines.
10. 
Drive-thru windows proposed to be located within 150 feet of a residential building shall be closed at 11:00 p.m., subject to the following:
[Amended 5-10-93 by Ord. No. 93-19]
(a) 
After the fast food restaurant is open and the drive-thru window is in full operation, the applicant may seek modification of site plan approval by returning to the Board which granted site plan approval. Such modification may include a later closing time of the drive-thru window(s). The applicant for such modification shall conduct noise meter tests between 10:00 p.m. and 11:00 p.m. for seven (7) consecutive nights and shall submit the test results to the appropriate board. The board shall conduct a public hearing and will determine whether the noise meter results comply with Township noise standards and whether such later closing time of the drive-thru window(s) is consistent with the health, safety and welfare of the adjacent residents.
[Amended 12-27-93 by Ord. No. 93-73]
In evaluation, the preliminary site plan and accompanying and supporting information shall meet the following standards:
A. 
Not more than twenty-five percent (25%) of the lot area of the MXD development shall be covered by buildings or structures.
B. 
No building shall exceed three stories or thirty-five (35) feet in height, whichever is less.
C. 
No aboveground structure shall be located within fifty (50) feet of any MXD site boundary line or within seventy-five (75) feet of the right-of-way line of any existing street or road, except for a major highway where the setback shall be one hundred (100) feet.
D. 
No parking area shall be located closer than 20 feet to an MXD site boundary line.
E. 
Where required, one off street loading space shall be provided for each twenty five thousand (25,000) square feet of gross floor space of building in the MXD development. Each such space shall be at least fifty (50) feet in depth and twelve (12) feet in width, exclusive of access platform or maneuvering area, to be utilized exclusively for the loading and unloading of merchandise.
F. 
Where any MXD development of a nonresidential use occurs at the boundary lines of the MXD zone line, a fifty foot landscaped buffer of deciduous and coniferous plant materials shall be installed at a minimum height of five (5) feet and maintained at a minimum height of not less than fifteen (15) feet to separate any contiguous residential zone or residential development. An earth berm of a minimum height of three feet may be constructed in which case the Planning Board may lessen its requirements for plant materials. The Planning Board may waive the requirements for buffering if equivalent screening is provided by parks or by topography or other natural conditions. Such a buffer area is required to shield adjacent residential areas from parking lot illumination, headlights and fumes and to diminish the visual encroachment of residential privacy and residential neighborhood characteristics. Buildings within two hundred (200) feet of residential zones shall not exceed thirty-five (35) feet in height and shall be appropriately faced with materials that will be compatible with the surrounding residential area.
G. 
Any part of the MXD development not used for structures, loading access ways, parking or pedestrian walks shall be landscaped with grass, trees and shrubs.
H. 
Off street parking. Parking shall be provided at the rate of spaces to be approved by the Planning Board as provided for in § 228-15 et seq.; except, however, that those standards may be modified by the Planning Board for office uses upon appropriate demonstration by the applicant that such standards would not be necessary. In no case, however, shall the Planning Board allow a modification to fewer than one space per six hundred (600) square feet of gross floor area.
I. 
Deleted.
[12-27-93 by Ord. No. 93-73]
J. 
Lot and setback requirements.
(1) 
Minimum frontage on a major highway shall be three hundred (300) feet.
(2) 
An attached group of buildings may be considered as one building in applying any standards contained in this article.
(3) 
No parking shall be permitted in the open space between the property line and the setback lines in the front, rear or sides of property.
(4) 
Any standards in this article may be modified by the Planning Board as follows:
(a) 
Coverage of buildings and structures may be increased to forty percent (40%) of the MXD development lot area if the additional parking and loading areas are placed underground or under buildings to accommodate the increase in coverage or floor area.
(b) 
Building height may be increased not to exceed sixty (60) feet or seven (7) stories, whichever is less, if the additional parking or loading areas are placed underground or under buildings to accommodate the increase in coverage or floor area.
(c) 
Front yard setbacks may be lessened by twenty percent (20%) if the front yard area remaining is heavily planted with deciduous and evergreen trees for a minimum width of twenty-five (25) feet on six (6) feet to eight (8) feet centers and planted at a minimum of five (5) feet in height at time of planting for evergreen and a minimum of twelve (12) feet for deciduous plants, and other appropriate plantings satisfactory to the Planning Board.
K. 
Townhouses.
(1) 
The architectural character of each dwelling unit shall be compatible in style, size, color and materials with proposed dwelling units in the same MXD development.
(2) 
Height shall be limited to three stories or thirty-five (35) feet, whichever is less.
(3) 
Minimum number of townhouse dwelling units shall be one hundred (100).
(4) 
Minimum setback for all structures from any street, public or private, or from any common parking area shall be 10 feet from the right-of-way. Minimum setback for all structures from any major thoroughfare or collectors, as defined elsewhere in this chapter, shall be fifty (50) feet.
(5) 
Parking requirements shall be two and twenty-five hundredths (2.25) spaces per dwelling unit, except for senior citizen housing which may be reduced by the Planning Board to not less than five tenths (0.5) space per unit.
(6) 
Units shall be attached in such a manner as to provide maximum safety and privacy for adjoining units.
(7) 
Not more than twelve (12) dwelling units in any single townhouse structure shall be constructed in a manner so as to form one linear plane. No more than 20 such units may be included in a structure having units constructed on more than one linear plane.
(8) 
Townhouse units attached on a single linear plane shall not exceed a length of three hundred (300) feet.
(9) 
The front facades of at least forty percent (40%) of the number of units which are attached in a structure having a single linear plane shall be set back not less than 10 feet behind the facades of the remaining units in such structure.
(10) 
The rooflines of at least thirty percent (30%) of the number of units which are attached in a structure having a single linear plane shall be staggered in height by not less than five percent (5%) of the height of the rooflines of the remaining units in such structure.
(11) 
No townhouse structure shall be closer than 20 feet from any other such structure, to allow for fire access.
(12) 
Where an outdoor living space is included for each or any particular unit, it shall be provided with adequate visual screening from all other neighboring dwelling units, outdoor living spaces, parking areas and roadways. Screening may be accomplished with plant materials, masonry structures or wood fencing. Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling unit.
L. 
Apartments (multifamily units).
(1) 
Height shall be limited to three stories or thirty-five (35) feet, whichever is less.
(2) 
Minimum tract size shall be four acres.
(3) 
Minimum setback for all structures from any street, public or private, or any common parking area shall be 10 feet. Minimum setback for all structures from any collector or arterial street, as defined elsewhere in this chapter, shall be fifty (50) feet.
(4) 
Parking requirements shall be one and seventy-five hundredths (1.75) spaces per dwelling unit, except for senior citizen housing for which parking requirements may be reduced by the Planning Board to not less than five tenths (0.5) space per unit.
M. 
Nothing contained in this section shall prohibit multiple uses in single structure.
Density limitations for mixed unit developments shall be as follows:
A. 
Townhouses: twelve (12) dwelling units per acre net density for structures three stories or less.
B. 
Apartments (multifamily units): sixteen (16) dwelling units per acre net density for structures three stories or less.
A. 
Density for housing may be increased, provided that all new parking generated as a result of such new density is placed underground beneath the residential structures.
B. 
An equal amount of parking generated as a result of such new density is placed underground beneath the nonresidential structures (underneath the nonresidential structures).
C. 
If such density is increased, the height of residential structures of residential/nonresidential structures may be increased to sixty (60) feet of seven (7) stories, whichever is less.
[Amended 9-27-10 by Ord. No. 10-22]
A. 
Parcel size and location of public facilities shall be substantially in accordance with guidelines established in the Township Comprehensive Master Plan; provided, however, that upon due cause shown the Planning Board may vary the location of same from the location shown in the Master Plan.
B. 
All public utilities shall be installed in accordance with the Township development regulations; all MXD development shall be tied into approved and adequate public sanitary sewerage, water systems and storm water drainage systems.
[Amended 9-27-10 by Ord. No. 10-22]
(1) 
All water systems shall be looped, of a size and type as approved by the Township Engineer.
(2) 
All sewerage systems shall be approved by the East Brunswick Sewer Utility.
[Amended 9-27-10 by Ord. No. 10-22]
C. 
Streets, roads, sidewalks and bikeways shall comply with the design standards set forth in the East Brunswick Subdivision Ordinance.
Editor's Note: See Ch. 192, Design Guidelines & Standards.
(1) 
Road configurations and proposed alignments described in the Master Plan shall apply.
(2) 
Roadway widths shall conform to the standards set forth in the Code of the Township of East Brunswick or standards promulgated by Middlesex County, whichever is applicable.
(3) 
All streets and roads shall intersect at right angles with other roadways.
(4) 
No street or road shall be located within two hundred (200) feet of any existing intersection.
D. 
Refuse and refuse collection areas shall be provided and shall be located for the occupants' convenience. All such areas shall be screened either with an enclosed masonry structure of at least six (6) feet in height on three sides or with evergreens on at least two sides of the refuse and pickup area, planted at a height of at least four feet, with a maximum growth of at least six (6) feet in height. All plants shall be approved in accordance with the Landscape Ordinance of East Brunswick Township.
Editor's Note: See Ch. 192, Design Guidelines & Standards.
E. 
The site plan shall be accompanied by a traffic study prepared by a licensed professional engineer indicating the impact which the center will have on surrounding roads. It shall include the following elements:
(1) 
Estimated peak hourly traffic to be generated by the center.
(2) 
Assignment of estimated peak hourly traffic by percentage and volume to surrounding roads.
(3) 
Determination of unused capacity of surrounding roads during peak hours.
(4) 
Recommendations for necessary road improvements such as acceleration and deceleration lanes and traffic control devices recommended for public roads or highways surrounding the site.
F. 
The site plan shall be accompanied by a statement detailing economic, social and physical studies of the proposed development. The following should be included in such statement:
(1) 
Tax impact, a cost/revenue analysis taking into consideration any added capital debt service and extraordinary operating costs expected to be incurred in servicing the development by the Township, with all projected costs and revenues discounted to the present. Sales tax and revenues are to be included in the revenue.
(2) 
Public sector service demands of the development, including expected levels of service required for roads and road maintenance, police, fire, public health, library and recreation.
(3) 
Private sector service analysis, including but not limited to expected new members of the labor force versus employment opportunities in the region, health care needs of residents of the MXD development and an estimate of commercial demand for services.
(4) 
Market analysis and feasibility of the project for any proposed commercial development, including definition and delineation of the trade areas for the types of proposed stores, services and operations to be located in the MXD development, based on empirical studies of similar ventures; population estimates and projections of effective buying income for that population; estimates of the proportion of those effective buying incomes available for retail sales; evaluation of impact of existing and anticipated competition; and a statement of threshold gross receipts needed to sustain business versus anticipated share of market receipts.
A. 
Pedestrian sidewalks shall be provided in such locations, including entrances and exits, where normal pedestrian traffic will occur. Where appropriate, bikeways may be provided instead of sidewalks. Provision of bikeways along streets shall be made upon determination and requirement by the Planning Board and the Master Plan, where applicable.
B. 
Access to off street parking areas shall not be through entrances directly abutting streets but shall be connected to streets by means of access driveways situated between the parking areas and adjacent streets, not less than fifteen (15) feet long.
C. 
Bike racks shall be provided outside public and commercial buildings.
A. 
All development shall be in conformity with the Master Plan and shall account for all relevant environmental factors as outlined in the East Brunswick Natural Resources Inventory. Any proposal for development must be supported by appropriate soils documents, engineering information and other environmental data.
B. 
Building and other surface coverages shall be limited, to the extent possible, to the incorporation of increased building height up to the maximum permitted, the use of parking in or under buildings, reduction of excess pavement for roadways, the use of permeable surfaces for paving wherever possible and the utilization of open space areas for aquifer recharge. Nonpoint source pollutants shall be handled by use of drainage swales in combination with retention facilities, in an attempt to reduce the amount of potential pollutants entering into the aquifer. Such swales shall be seeded with appropriate vegetative materials satisfactory to the Planning Board to filter silt and other potential pollutants to the surface and underground water supply systems. Natural surface drainage structures shall be utilized wherever possible. All applications must be submitted to the Soil Conservation Service for review and recommendations. All such structures should be set back at least fifty (50) feet from any stream course or natural drainageway unless floodplain information indicates that there shall be a further setback. Swamp areas should not be developed but shall be included as open space areas. All trees over six (6) inches in caliper shall be shown on the development plans by methods approved by the Planning Board.
C. 
Visual impacts, including views and view interference, shadow effect and design compatibility with surrounding area.
A. 
The number of dwelling units and square footage of nonresidential uses which may be constructed by the developer during any year may be regulated by the Planning Board at a rate which would not create excessive demands on any municipal facility or services available to serve the area proposed for development. Such development as may be allowed pursuant hereto shall be controlled by means of the issuance of building permits at an annual rate fixed by the Planning Board at the time of preliminary approval, based upon the projected development.
B. 
The timing for development, including the type and number of residential uses, number and type of nonresidential uses, public and semipublic facilities and required utilities and services, shall be established by the developer subject to Planning Board approval at the time when preliminary approval is granted.
A. 
Application for preliminary approval. Application for approval for development in an MXD Zone shall be made by submitting the required number of copies for an application for development on the form provided by the Township, together with all of the supporting documents set forth below, which shall be considered an application for preliminary approval.
B. 
Application requirements. The application shall set forth the following:
(1) 
Name and address and legal status of the applicant.
(2) 
Name and address of the owner, if different from the applicant.
(3) 
Name and address of all principals of the applicant and owner if a partnership or corporation.
(4) 
The location of the land proposed to be developed, including tax lot and block numbers.
(5) 
The nature of the applicant's interest in the land and the manner by which the applicant has acquired such interest.
(6) 
The density of land use to be allocated to various parts of the site.
(7) 
The location, type, standards and size of recreational and community facilities of all open space.
(8) 
The form or organization proposed to own and maintain common open space.
(9) 
The use, approximate height, bulk and location of buildings or other structures.
(10) 
The proposed provision for disposition of storm and sanitary water.
(11) 
The substance of any covenants, grants, easements or any covenants proposed to be imposed upon the land or buildings, including easements for public utilities, to the extent known.
(12) 
The proposed provisions for parking.
(13) 
Locations and widths of proposed streets and rights-of-way.
(14) 
The projected schedule for development and the approximate times when final approvals would be requested.
(15) 
A statement of why the public interest would be served by the proposed development, such statement to be supported by a detailed economic, social and physical study as set forth in Subsection F.
(16) 
The proposed number of bedrooms for all dwelling units.
(17) 
Delineation of pedestrian walkways, nature paths and bicycle paths, which must be in conformance to any adopted master plan for bicycle paths.
(18) 
Delineation of natural features which will be preserved, such as ponds, natural drainage, trees, etc.
(19) 
Lighting plan.
(20) 
Landscaping plan.
(21) 
Building elevations.
(22) 
And such other plans that may be required by the Planning Board.
C. 
Submission of application. Any landowner(s) shall file twenty-five (25) copies of the maps of the proposed development plan with the Secretary of the Planning Board.
D. 
Public hearing. Public hearing and consideration by the Planning Board shall be in accordance with Article VIII of the East Brunswick Land Use Procedures.
Editor's Note: See Ch. 132, Art. VIII.
E. 
Conduct of hearing. At the public hearing, the applicant shall present evidence as to its general character and substance; objectives and purposes to be served; adequacy and completeness of standards; satisfactory application of standards in specific details of design and organization of elements and plans; scale and scope; economic feasibility; time factors and sequential development potentials; conformity to comprehensive plans for Township development; traffic and circulation impact and provisions; an impact on the school system in terms of projected number of students and grade levels; a listing of amenities; and an analysis of the impact on the environment; and, to this end, factual evidence and expert opinion shall be submitted by the applicant in the form of such necessary maps, charts, reports, models and other tangible materials and in the form of sworn testimony, by experts such as landscape architects, architects, professional planners, engineers, economists and realtors, as will clearly state for the record the full nature and extent of the proposal.
F. 
Preliminary approval. Following the public hearing and within ninety five (95) days and based on the foregoing evidence, the Planning Board shall grant preliminary approval of the plan as submitted or grant preliminary approval subject to specific conditions not included in the plan as submitted or modified or deny preliminary approval to the plan, giving its reasons therefor.
G. 
Conclusions and granting or denial of plan. The granting or denial of preliminary approval shall be by written resolution, including but not limited to findings of fact and conclusions which may set forth in what respects the plan would or would not be in the public interest; in what respect the plan is or is not consistent with the statement of objectives of a mixed use development; the purpose, location and amount of the common open space in the mixed use development; the reliability of the proposals for maintenance and conservation of the common open space; the adequacy or inadequacy of the amount and purpose of the common open space, as related to the proposed density and type of development; the physical design of the plan and manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further amenities of light and air, recreation and visual enjoyment; and the relationship, beneficial or adverse, of the proposed mixed use development to the neighborhood in which it is proposed.
H. 
Implementation in sections or stages. As a condition to preliminary approval of the mixed use development plan, the Planning Board may require or permit the implementation of the plan in whole or in sections or stages under the sequence of actions determined as part of the Mixed Use Development District plan. Such sections or stages shall be substantially functionally self contained and self sustaining with regard to access, parking, utilities, open spaces and similar physical features and shall be capable of substantial occupancy, operation and maintenance upon completion of the construction and development; shall be properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the mixed use development district; and shall be provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require under conditions of ownership and maintenance and as will prevent damage or detriment to any completed section or stage to other sections or stages and to adjoining properties not in the mixed use development plan. Plans and specifications of such sections or stages are to be filed with the Planning Board and are to be of sufficient detail and at such a scale as to fully demonstrate the following:
(1) 
Arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and service facilities and land ownership conditions.
(2) 
Estimates of the economic base of the section or stage and its one or more sections or stages as supported by such evidence as the estimated cost and market values of structures and land improvement; increase of taxable values; cost of maintenance and services to be borne by public and private agencies; potential rental scales; and cost of utility installations.
(3) 
Estimates of its social characteristics, such as the size and composition of future population in terms of probable family size as occupants of the several unit dwelling types; the need for public services and protection, for recreational facilities and for commercial and professional services; and anticipated rental scales.
(4) 
Such further evidence as shall demonstrate conformity to and support of principles and objectives of the Township Master Plan and the enhancement of the living standards of the community with conformity to the balance of residential, commercial and public land utilization and the economic base, as established in the mixed use development district plans.
I. 
Issuance of permits. Upon finding that the plans and specifications for the proposed development of the section or stage conform to the above conditions, the Planning Board shall so inform the administrative officers as are charged with the issuance of permits for the construction of utilities or structures that, upon presentation of requisite working drawings and specifications, covenants, performance bonds and other required guaranties and instruments, such permits may be issued. Upon substantial completion of any section or stage, and before proceeding with the review and approval of additional sections or stages, the Planning Board may require a report and review of the status, character and conditions of it and other previously completed sections or stages with regard to their compliance with the plans, specifications and estimates which formed the basis for their approval. Upon finding that such compliance has occurred, the applicant shall initiate proceedings for the review of the new section or stage.
J. 
Modifications or adjustments. As a further condition for approval of later sections or stages, the Board may require or permit adjustments or modifications in the conditions established in the approved Mixed Use Development District plan to compensate for differences between the estimates of record on previously approved and completed sections or stages, as required under Subsection H above, and the actual conditions prevailing on their completion. In this regard, consideration may be given to the balance of land uses established, consistency with the conditions of the Mixed Use Development District plan, extent of variance from the social and economic estimates on which previous approval may have been based, overall maximum and minimum requirements established elsewhere in this chapter and the effects of unforeseen changes, extreme conditions or unexpected advantages which may have resulted during the time of construction and development. On determining that such adjustments or modifications are reasonable, the Planning Board shall follow in full the procedure and conditions herein required for original submittal and review.
K. 
Application for final approval. Application for final approval may be for all the land included in a plan or, to the extent set forth in the preliminary approval, for a section thereof. The application shall include such drawings, specifications, covenants, easements, conditions and form of performance bond as set forth by written resolution of the municipal authority at the time of preliminary approval. A public hearing on an application for final approval of the plan, or part thereof, shall not be required, provided that the plan, or part thereof, submitted for final approval is in compliance with the plan theretofore given preliminary approval. A plan submitted for final approval shall be deemed to be in compliance with the plan previously given preliminary approval, provided that any modification by the landowner of the plan as preliminarily approved does not vary the proposed net residential density or intensity of use by more than five percent (5%), while still remaining within the number of units permitted under the maximum gross density; does not substantially relocate the common open space area; does not increase by more than ten percent (10%) the floor area proposed for nonresidential use; does not increase by more than five percent (5%) the total ground areas covered by buildings; nor involve a substantial change in the height of buildings. A public hearing shall not be held to consider modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary sewage. A public hearing shall not be held on an application for final approval of a plan when the plan, as submitted for final approval, is in substantial compliance with the plan as approval, is in substantial compliance with the plan as preliminarily approved. The burden shall, nevertheless, be on the landowner to show the Planning Board good cause for any variation between the plan as preliminarily approved and the plan as submitted for final approval. The Planning Board may permit the minimal deviations referred to above with regard to conditions of preliminary approval only if the applicant satisfies the Planning Board that such deviations were necessitated by a change of conditions beyond the control of the applicant since the date of preliminary approval. If such demonstration cannot be made by the applicant, he shall be required to submit another application for preliminary approval.
L. 
Final approval. Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the administrative officer or within such further time as may be consented to be the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval in accordance with N.J.R.S. 40:55D 50b.
M. 
Validity of final approval. A plan, or any part thereof, which has been given final approval by the Planning Board shall be so certified without delay by the Planning Board Chairman or Vice Chairman and shall be filed of record forthwith in the office of the County Clerk by the developer before any development shall take place in accordance therewith. Pending completion within five (5) years of the planned unit residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of the plan or part thereof, as finally approved, shall be made nor shall it be impaired, except with the consent of the landowner and the Planning Board.
N. 
Petition for review. Following approval of development plans, the issuance of permits and substantial progress in the completion of twenty-five (25) of the controlled density units thereof, measured as a percentage of the acreage of anticipated population, whichever shall be the greater, the developer may petition for review in detail of the previously approved plans or units awaiting development or completion, stating his reasons therefor. Reasons may be based on such considerations as changing social or economic conditions, potential improvements in layout or design features, unforeseen difficulties or advantage mutually affecting the interests of the Township and the developer, such as technical causes, site conditions, state or federal projects and installations and statutory revisions. The Planning Board, on finding such reasons and petitions to be reasonable and valid, may consider the redesign, in whole or in part, of any Mixed Use Development District and shall follow in full the procedure and conditions herein required for original submittal and review.