[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.
The MXD Option Zone includes the land described in Schedules
A and B.
Editor's Note: See § 228-282.
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]
[Amended 10-27-97 by Ord. No. 97-22]
Prohibited uses and buildings shall be:
[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.
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]
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.
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.
