Township of East Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
This chapter shall be designated and cited as "The East Windsor Township Site Plan Review Ordinance."
The purpose of this chapter is to delineate requirements to be met and procedures to be followed for an applicant to obtain township approval for a site plan when such approval must be given by the planning board and zoning board of adjustment pursuant to East Windsor Revised General Ordinances subsections 21-1.7b and 21-2.11b, respectively. The standards and procedures set forth in this chapter shall be equally applicable to the planning board and to the zoning board of adjustment.
a. 
No structure may be built, expanded or installed, nor may land be used or improved unless site plan approval has been granted pursuant to this chapter.
b. 
The following uses shall not require site plan approval:
1. 
Construction or expansion of a single or two family dwelling, tool sheds, garages or other similar buildings normally accessory to a single or two family residential use.
2. 
Construction or expansion of farm outbuilding or accessory structure when such structures are not intended for human habitation.
3. 
Signs conforming to the requirements of subsection 20-5.1601a of the Zoning Ordinance.
4. 
Additions to individual attached dwellings under the following conditions:
(a) 
The attached dwellings are a permitted use in the zoning district.
(b) 
That the improvements proposed conform to the bulk requirements of the zoning district as applied to attached dwellings on individual lots.
(c) 
That the improvements to attached dwellings in the PUD zoning district conform with the requirements for attached dwellings as set forth in the R-3 zoning district.
(d) 
In the case of attached dwellings which are not located on individual lots, that the building coverage, when compared to the original approved site plan for individual attached dwelling, would not be increased by more than 300 square feet, and that the total impervious surface coverage including the area covered by decks, would not be increased by more than 500 square feet when compared to the original improved site plan for individual attached dwelling.
5. 
Construction or expansion of any building or structure where the addition will not exceed 500 square feet or ten percent of the gross floor area, whichever is less, and where the nonbuilding site improvement coverage will not increase by more than 1,000 square feet, including additional parking spaces. Increases up to three parking spaces shall also be exempt from site plan approval. These increases shall be measured against the most recent site plan approval granted for the project. Any such construction or expansion shall conform with the following additional requirements:
(a) 
That it does not require modification of the essential elements of the existing layout of the site, including traffic flows, drainage or access;
(b) 
That it does not involve the granting of any variances or conditional use approvals;
(c) 
That it does not involve the handling or storage of toxic substances;
(d) 
That the proposed improvement does not encroach upon delineated wetlands, wetland transitionaries, or areas which are subject to flooding, as identified in the previously approved site;
(e) 
That the property which is the subject of the development plan has previously been granted site plan approval;
(f) 
That upon approval of construction or improvement by the zoning officer and the construction official, the construction department shall forward a copy of the approved plans to the planning board secretary for placement in the record file for the approved site plan.
6. 
All interior or exterior repairs, which are intended to maintain or improve the property either aesthetically or structurally or both provided that said repairs do not violate any other standards of this section.
7. 
Interior alterations for a permitted use provided that the overall usable interior space is not increased by more than ten percent, and further provided that the zoning officer determines that the use proposed will increase parking requirements in excess of the existing site plan parking capacity.
The site plan review process is generally intended to promote sound land use planning and development as it relates to site development in the following areas of public concern: preservation of existing natural features such as trees; provision of safe access; safe and efficient internal traffic circulation and parking and loading area design; safe and adequate utility service; adequate site illumination for safety purposes; adequate site drainage facilities; appropriate screening, landscape berming, street furniture and other design features consistent with the intent of the Master Plan Update, Zoning Ordinance and Technical Standards.
Except as indicated in their subsection, all words shall be deemed to have the same meaning as they are defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), as amended, and to the extent they are not defined therein, in the Revised General Ordinances of the Township of East Windsor, particularly Chapter 19 (Land Subdivision), Chapter 20 (Zoning), Chapter 21 (Land Use Procedures) and Chapter 22 (Technical Standards).
The site plan review process as set forth in this chapter is meant to serve in a coordinate relationship with other township land use ordinances in the following manner:
a. 
The Zoning Ordinance (Chapter 20) sets forth the general material applicable to all land use in the township.
Sections 20-1.000 — 20-5.1607, 20-30.0000 — 20-30.0300, 20-32.0000. In addition, use of the site is governed by the specific provisions of the Zoning Ordinance relating to the zone or use applicable to the site (Sections 20-6.0000 — 20-17.0307).
b. 
The Land Use Procedures Ordinance (Chapter 21) deals with matters relating to the operation of the township agencies performing land use review and approval functions.
c. 
The Technical Standards Ordinance (Chapter 22) sets forth detailed requirements for construction, operation maintenance of all site improvements and facilities. This ordinance and the drawings accompanying it are the township's standards for all work not covered by the State Uniform Construction Code.
d. 
Any reference to any improvement in this Site Plan Ordinance must be read as requiring construction and/or installation and maintenance in conformance with the Technical Standards Ordinance.
e. 
The Subdivision Ordinance (Chapter 19) regulates the division of parcels of land and also deals with the provision of public or private improvements on-site or off-site. In those cases where the subdivision provides for common areas or common open spaces, and such common areas or common open spaces are not approved as part of any other formal site plan review, such common areas or open spaces shall be the subject of a separately filed site plan application.
The standards below shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation. The specifications of one or more particular architectural style is not included in these standards. The plan shall give consideration to the following:
a. 
Building Design and the Site.
1. 
Building and accessory structures should be designed to maximum aesthetic values, to provide proper transition from road and streets and to provide adequate parking, loading, vehicular and pedestrian movement and landscaping.
2. 
The height and scale of buildings and accessory structures shall be compatible with the site and surrounding building and uses.
3. 
Facilities shall be provided for adequate drainage of surface water and waste disposal.
4. 
Adequate access shall be provided for fire and police protection and garbage and snow removal.
5. 
Safe and efficient suitably located vehicular circulation on the site and on its approaches shall be provided. In determining the efficiency and safety of circulation, consideration shall be given to all of the following:
(a) 
The location of entrances and exits.
(b) 
The degree of visibility.
(c) 
The directions of flow.
(d) 
The distances from street intersections.
(e) 
The likelihood of conflicting turning movement.
(f) 
Adverse effects on any local residential streets.
(g) 
Provision for acceleration and deceleration.
6. 
Mechanical equipment on the roof, ground or building shall be screened from public view.
b. 
Landscaping and Site Design.
1. 
Natural or existing topographic patterns or other natural features such as trees or shrubs shall be preserved and protected.
2. 
Landscaping, site furnishings and berming shall be provided to enhance architectural features, vistas and provide shade and privacy as set forth in the Technical Standards Ordinances.
3. 
(Reserved)
4. 
(Reserved)
5. 
Exterior lighting shall be adequate for safety and compatible with the building and surrounding areas and shall not create a nuisance for surrounding buildings and uses.
6. 
A soil erosion and sediment control plan prepared in accordance with requirements promulgated by the State Soil Conservation Committee shall be submitted.
As a general requirement, each use fronting on an arterial or collector street shall be designed to minimize traffic congestion and hazard by controlling street access.
a. 
All development which fronts on an arterial street shall have no more than one access way for each 250 feet of street frontage. Where practicable, access to parking and service areas shall be provided by a single access to the arterial street.
b. 
All access ways to arterial or collector streets shall be located not less than 115 feet and 75 feet respectively from the intersection of any street right-of-way lines, and 50 feet from any other lot lines. This requirement may be waived in connection with site plan review if two or more properties are served by a residential unit.
c. 
Where practicable, acceleration and deceleration lanes shall be provided in accordance with State and/or county design standards. Where such lanes are not practicable, all access ways to public arterial streets shall provide uninterrupted access way lanes into the property for the distance of 100 feet measured from the public right-of-way line of the arterial street.
a. 
General Requirement: Each use in the township shall be provided with sufficient off-street parking area to serve its users. When safety dictates, angle parking may be required.
b. 
Off-Street Parking Space, Minimum Standards: The minimum number of off-street parking spaces with proper access from a street, alley, or driveway, for each use in all districts shall be as follows:
1. 
Dwelling: Two spaces for each dwelling within a development served by public streets; however, where such public streets do not comply with the requirements for local public streets contained in subsection 22-4.3, additional parking of .5 spaces per attached dwelling and 1.5 spaces per single family detached dwelling shall be provided for visitor parking.
2. 
Tourist, Rooming or Boarding House: One space for each rental room, plus one space for any family or household, permanently residing therein.
3. 
Hotel, Motel or Inn: 1.25 spaces for each rental room or suite.
4. 
Theater, Auditorium, Church, Stadium, or Similar Recreational Establishment or Place of Public Assemblage: One space for every three persons allowed under the maximum occupancy permitted under the applicable building code.
5. 
Restaurant or Similar Establishment: One space for each 40 square feet of floor area devoted to patron use or one space for each 2.5 seats, whichever is larger.
6. 
Retail Store: Five spaces per 1,000 square feet of gross leasing area.
7. 
Office, Office Building or Bank: One space for each 200 square feet of gross floor area, exclusive of basement area if not used for office purposes.
8. 
Wholesale Establishment or Industrial Building: One space for each 1,000 square feet of gross floor area, plus additional spaces at ratio required in paragraph 7, above, for that portion used for offices.
9. 
Hospital or Sanitarium: One space for each 600 square feet of gross floor area, exclusive of basement areas not devoted to patient use or living quarters of student nurses; or, one space for each two patient beds, whichever is greater.
10. 
Medical or Dental Clinic or Office: Four spaces for each doctor or dentist, plus one space for each employee.
11. 
Car-Wash Establishment: Four for each stall in a self-service establishment and three for each 20 linear feet in an attended establishment.
12. 
Bowling Alley: Three spaces for each alley.
13. 
Club, Nightclub or Lounge: One space for every two persons allowed under the maximum occupancy permitted under the applicable building code.
14. 
Mortuary: One space for each 100 square feet of gross floor and devoted to assembly purposes.
15. 
Private Kindergarten, Child Nursery, or Institutional Home: One space for each employee.
16. 
Building or Use, Other Than Specified Above: For any building or open area used for a purpose not covered above, at least one space for each 200 square feet of gross floor area.
17. 
Schools, Primary: Three spaces for every two teaching stations.
18. 
Schools, Secondary: Three spaces for every two teaching stations, plus one space for every four students of legal driving age.
19. 
Schools, Trade, Vocational, Commercial or Business: Three spaces for every two teaching stations or employee post, plus one for every two students.
c. 
In the case of more than one use on one parcel, the total of off-street parking spaces required shall not exceed the sum of spaces required for each use proposed.
d. 
Parking spaces shall be on the same lot or parcel of land as the building to be serviced unless the reviewing agency in connection with site plan review shall approve collective off-street parking facilities.
e. 
In connection with site plan review, the reviewing agency if it determines that the parking requirements of this section will result in more parking spaces than will be reasonably required for the proposed use, may permit a portion of the proposed parking areas to remain unpaved but landscaped. If conditions change, the reviewing agency may require such unpaved spaces to be paved. Such permission to leave a proposed parking area unpaved but landscaped shall be predicated upon the applicants filing with the reviewing agency and township clerk and recording at the office of the county clerk, deed restrictions drafted in a manner satisfactory to the township attorney insuring that the land will be used either as open space or for parking. Such restriction shall run in favor of the Township of East Windsor and maybe released only upon passage of a resolution to such effect by the township council.
f. 
In computing the number of parking spaces required, if the computation shall result in a fraction, a space shall be required for each fraction.
g. 
The reviewing agency may, as part of the site plan review process, conclude, for reasons of drainage or other environmental considerations, that gravel or other surface rather than bituminous or cement concrete paving is more appropriate in a particular location.
h. 
Exterior lighting shall be provided for all parking areas required by this section. All commercial and industrial off-street parking areas shall be bordered by landscape areas containing trees, shrubs, and landscape berms to shield automobiles from view, as set forth in the Technical Standards. Whenever feasible, the planning board shall require that at least ten percent of the total paved parking lot area shall be used for interior landscaping to include such things as trees and shrubs.
Such interior landscaping shall be distributed throughout the parking lot in planting islands to provide the maximum shade and buffer from noise and glare. Parking bays shall be separated from access or circulation drives by a ten foot wide planting island or area for the full width of a bay at the ends of rows. The parking lot shall, where possible be subdivided into modular parking bays or lots of not greater than 80 spaces each. These modules shall be separated by a landscape island of a minimum ten foot width. When appropriate, pedestrian walkways shall be provided on these islands. A single line of row within a bay should be no more than 20 spaces in length.
i. 
Separate sidewalks for pedestrians travelling to and from parking bays shall be provided in the landscape planting strips, and where such walkways cross access drives, crosswalks shall be clearly identified by painted lines or other suitable means.
j. 
The number of spaces in an off-street parking area existing at the effective date of this chapter shall not subsequently be reduced to a number less than required under this chapter for a new building or new use. An off-street parking facility provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter.
k. 
A parking lot accessory to a permitted use and having spaces for five or more automobiles shall be screened from the adjacent property by a landscape buffer not less than ten feet in width. Any landscape buffer requirement of this section shall be subject to any more stringent requirements of the district in which such lot is located. This area shall receive landscape architectural treatment as set forth in the Technical Standards.
A permanent landscaped area, known as a buffer area, shall be located between any portion of any parking lot or any property line which is adjoining or opposite residential uses. The buffer area shall be planted with a visually effective screen as set forth in the Technical Standards. The buffer area shall be an area of land at least 25 feet in width devoted to natural plantings: i.e., hedges, grass and other suitable ground cover, other suitable shrubbery and earth mounding, and evergreen trees as set forth in the Technical Standards.
l. 
Total number of driveways should be limited on all parcels. Every effort should be made to combine new driveways with existing ones.
m. 
Each lot and/or property shall have no more than one "entrance only" and one "exit only" driveway per existing road frontage.
n. 
If deemed necessary by the board, all applicants shall submit to the board a study done by a licensed professional engineer specializing in traffic engineering, estimating the vehicular traffic to be generated by site development at two sources, types, peak hours, and intensity at various hours of the day, and the impact on pedestrian and vehicular circulation.
If based on the evidence submitted, a majority of the board finds that parking needs on the site, developed as proposed will be substantially different from the parking requirements as set forth in paragraph a above, such majority of the board may order a greater or lesser number of spaces, as the evidence indicates, than would otherwise be required pursuant to paragraph a above.
The stipulated minimum parking space requirements set forth in the chapter may also be reduced based upon the written findings of a qualified parking consultant that the particular use involved in adequately served by regularly scheduled public transportation, such as bus or rail, van pooling, and car pooling, to be provided at levels such that the use of private passenger vehicles will be significantly reduced.
a. 
Every site plan shall provide adequate off-street loading and unloading space with proper access from a street or internal roadway. Spaces shall be provided as required in the following schedule.
Land Use Category
In Square Feet
Loading Space Required
Any of the following
less than 2,000
Board's discretion
Retail store, department store
2,000 to 10,000
One
Restaurant, wholesale house
10,000 to 20,000
Two
Warehouse, general service
20,000 to 40,000
Three
Manufacturing, wholesale or industrial establishment
40,000 to 60,000
each 50,000 over 60,000
Four
One additional
Motel
2,000 to 10,000
One
Bank, hotel, offices or office building, hospital
10,000 to 100,000
100,000 to 200,000
Two
Three
Schools or similar institution or places of public assembly
Each 100,000 over 200,000
One additional space
Funeral home or mortuary
Up to 4,000
4,000 to 6,000
each 10,000 over 6,000
One
Two
One additional space
Apartment building
Up to 2,000
2,000 to 10,000
Over 10,000
One
One
Two
b. 
Each space shall not be less than 12 feet in width and 30 feet in length and 15 feet vertical clearance. Where more than two loading spaces are required, all additional spaces shall not be less than 12 feet in width and 60 feet in length, with 15 feet vertical clearance. All areas for loading and unloading of delivery trucks and other vehicles and for the servicing of establishments or shops by refuse collection, fuel and other service vehicles shall have adequate and unobstructed access from a street, service driveway or alley and shall be so arranged that they may be used without:
1. 
Blocking or otherwise interfering with the use of automobile accessways, parking facilities, fire lanes or pedestrian ways.
2. 
Backing out onto a street.
c. 
All off-street loading/unloading areas should be screened from public view as set forth in the Technical Standards.
All sites shall be designed with service adequate for the proposed site use, including sewerage and water. All utility service shall be underground.
All sites shall be designed with sufficient trash receptacles to inhibit littering and with refuse storage areas enclosed and screened, as set forth in the Technical Standards.
Stormwater management shall conform to sections 22-10 and 22-10A of the Technical Standards Ordinance. It is the obligation of the applicant to seek the appropriate approvals from State and county agencies and the Delaware and Raritan Canal Commission, whichever has jurisdiction.
a. 
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes.
b. 
Unless specifically approved as part of a submitted site plan development application by the planning board or zoning board of adjustment, as the case may be, no lighting shall be attached to the roof or exterior walls of a building.
c. 
Any lighting within a building shall be of an intensity and shall be designed and focused to eliminate, to the maximum extent practicable, any emission of lighting outside of the building; all lighting outside of a building shall be provided via lighting fixtures approved by the planning board or zoning board of adjustment, as the case may be, as part of an approval for a submitted site plan development application.
d. 
The applicant is required to submit a lighting plan indicating the location of the lighting fixtures, the direction of illumination, the wattage and isolux curves for each fixture, the hours of operation of the lighting and the details of the lighting poles and the luminaries, all in accordance with the following:
1. 
The lighting is to be provided by fixtures with a mounting height not higher than 25 feet, measured from the ground level to the centerline of the light source;
2. 
The lighting fixtures are to include non-glare lights with recessed lenses focused downward and with "cut-off" shields as appropriate in order to mitigate against adverse impacts upon adjacent and nearby properties, the safety of traffic along adjacent roadways and overhead skyglow;
3. 
The light intensity provided at ground level shall be indicated in footcandles on the submitted plans and shall average not less than five-tenths footcandles at intersections and three-tenths footcandles elsewhere in the area to be illuminated, and shall average not more than one footcandle throughout the area to be illuminated; and
4. 
Except for any lighting determined by the planning board or zoning board of adjustment, as the case may be, to be necessary and/or advisable to security purposes, all other lighting is to be controlled by circuit timers so that the lights are automatically turned off after business hours.
Site design shall be based on preservation of all beneficial natural features of the site, such as naturally wooded areas and watercourses.
Landscaping shall be designed, installed and maintained with the aim of allowing as great a portion of the site to remain or to become wooded as is feasible. The landscaping plan shall include such use of varied plant matter and/or berming as will provide for a visually attractive site with privacy for residential units as set forth in the Technical Standards. Such activities must be viewed in terms of continued care and replacement of initial plantings to insure natural plants, shrubs and shade trees for energy conservation as well as for screening and buffering, photosynthesis and aesthetic life quality.
All buildings should be designed to take maximum advantage of all energy conservation measures, including but not limited to site orientation, use of renewable energy sources (i.e., solar and wind) and latest state of the art construction techniques.
In any case where site development has an impact beyond the site boundaries that requires the construction or extension of public improvements to meet that impact, an applicant is subject to and must comply with section 19-6 of the Subdivision Ordinance.
All site plans for any type or level of development shall be given careful review as to the impact they will have on the environment of the township. Notwithstanding whatever other informational requirements may be established by any part of this chapter, every municipal agency empowered hereunder to act on applications, is further empowered to require of any applicant a statement containing as much of the following information as that agency deems appropriate for its use in examining an application on a particular parcel of land.
a. 
Inventory of Existing Environmental Conditions. An inventory of existing environmental conditions at the project site and in the affected region which shall describe air quality, water quality, water supply, hydrology, geology, soils and properties thereof, including capabilities and limitations, sewerage systems, topography, slope, vegetation, wildlife habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics, history and archaeology. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey and soils shall be described with reference to the Mercer County Soil Survey and the criteria contained in the Mercer County Soil Conservation District Standards and Specifications.
b. 
Assessment of Environmental Impact of Project. An assessment supported by environmental data of the environmental impact of the project upon the factors described in the above paragraph and also included an evaluation of water use, liquid and solid waste disposal, effects of liquid and solid wastes on the quality and quantity of surface and ground waters. The assessment shall include an evaluation of the public costs of the project, including, but not limited to, the costs of additional schools, roads, police, etc. and indirect costs, such as the loss of open space.
c. 
Listing of all Unavoidable Adverse Environmental Impact. A listing and evaluation of adverse environmental impacts and damages to natural resources which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to plant, tree and wildlife systems, displacement of people and business, displacement of existing farms, increase in sedimentation and siltation, increase in municipal services and consequences to municipal tax structure. Off-site impact shall also be set forth and evaluated.
d. 
Steps to Minimize Environmental Damage. A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the affected region, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
e. 
Alternatives. A statement of alternatives to the proposed project which might avoid some or all of the adverse environmental effects of the proposed project. The statement should include the reasons for the acceptability or non-acceptability of each alternative.
If not to be supplied by the East Windsor Municipal Utilities Authority, the manner of their supply and all necessary supporting data as required by the township engineer and by State authorities and local health regulations.
A showing that storm water run-off from the site is so controlled that on and off-site erosion is neither caused nor worsened, and that potential of downstream flooding is not increased, and volume and peak flow rates of storm run-off expected from undeveloped site and to be generated by new improvements. Includes volumes and rates for 1, 5, 10, 25, 50 and 100 year storm frequencies having durations producing maximum flow rates before and after the proposed development.
a. 
Data on landscaping, vegetation map, tree and ground cover existing on site compared with that proposed.
b. 
Changes of run-off, rates and volumes to be caused by changes in land use and the time of concentration.
c. 
Plans for disposition of storm water, whether by retention or detention on site or means of channeling so as to protect downstream property.
d. 
Stream Encroachments. An encroachment permit is required from the Division of Water Resources for full or diversion of a water channel, alteration of a stream, repair or construction of a bridge, culvert, reservoir, dam, wall, pipeline or cable crossing.
e. 
Flood Plans. Description of potential flood damages, including a summary of flood stages from State and Federal sources.
f. 
Submission of an erosion and sedimentation control plan for both the construction phase and post construction phase accompanied by a review by the District Conservation, Soil Conservation Service, U.S.D.A.
A site for disposal by means of a facility operating in compliance with the State Sanitary Code.
A showing that no visible smoke or deleterious chemical changes are produced in the atmosphere by heating or incinerating devices not by any processing of materials.
Plans shall identify any area, condition, or a feature which is environmentally sensitive, or which, if disturbed during construction would adversely affect the environment.
a. 
Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 15 percent, highly acid or highly erodible soils, areas of high water table and mature stands of native vegetation and aquifer recharge and discharge areas.
b. 
Statement of impact upon critical areas and of adverse impact areas set forth in paragraph a above and describing the impact of development proposed upon the critical impact areas.
c. 
Protective measures shall be identified to protect critical areas, including procedures and schedules to minimize damage to such areas, during both construction and thereafter.
d. 
An assessment shall be submitted of environmental impact of the project.
A list of all licenses, permits and other approvals required by municipal, county or State law and the status of each. By a majority vote of the municipal agency before whom applicant is presenting his proposals, the applicant may be authorized to present this information in a summary form on such forms and providing such information as shall theretofore be promulgated by the reviewing agency upon advice of the township consulting engineer.
In the event that a particular application does not deal with any of the foregoing problems by virtue of some unique aspect of the application due to which there is no reasonable possibility that any impact would accrue to the environment as regards that item, it may by majority vote of the board be deleted from a full impact statement.
The reviewing agency is hereby authorized in the acceptance of applications to provide for submission of parts of this statement at various stages of design review provided that prior to preliminary approval, a full environmental statement covering all the above topics in bound form would be submitted to the board and distributed to the Environmental Commission and to other township agencies and offices concerned with environmental impact.
All details of site development shall be constructed, installed and maintained in conformance to the East Windsor Township Technical Standards Ordinance (Chapter 22).
a. 
Definitions. Whenever a term, word, or phrase is used in this chapter and is defined in N.J.S.A. 40:55D-1, et seq., or in Chapter 20, Zoning, of these Revised General Ordinances, such term, word or phrase is intended to have the meaning set forth in the definition of such term, word or phrase, as found in said statute, or in this ordinance, unless a contrary intention is clearly expressed from the context of this chapter.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by ordinance for any approval of a subdivision plat, site plan, planned development, general development plan or use variance.
b. 
Phase I Environmental Assessment. As part of and as a condition for approval for each application for development, or for any land which is to be transferred or dedicated to the township, to any governmental agency, or to a homeowners' association or similar entity, for any reasons whatsoever, the applicant or transferor shall be required to submit a Phase I Environmental Assessment. The Phase I Environmental Assessment shall conform with the current American Society for Testing and Materials, standard practice for Environmental Site Assessments (hereinafter "ASTM Standards"). A Phase I Environmental Assessment report must be submitted to the township council, planning board and/or zoning board, as applicable, with the application for development, transfer or dedication.
c. 
Proper Qualifications. The individual(s) who prepares and conducts the Phase I Environmental Assessment shall provide a resume or curriculum vitae as part of the Phase I report. Individual qualifications must demonstrate that the persons conducting the Phase I Environmental Assessment are qualified to conduct such Environmental Assessment based on education, previous project experience and the current ASTM Standards.
d. 
Insurance. The firm or individual conducting and preparing the Phase I Environmental Assessment shall submit a current Errors and Omissions liability insurance policy in the amount of at least two million ($2,000,000.00) dollars.
e. 
Phase I Escrow. As part of each application for development, transfer or dedication, the applicant shall post an escrow for the township professionals required to review the Phase I Environmental Assessment.
f. 
Further Requirements.
1. 
Upon review of Phase I Environmental Assessment Report by the township, zoning board or planning board, as applicable, the township, zoning board or planning board may require such other studies, tests or environmental remedies as may be determined to be reasonably necessary for the environmental safety and security of the subject site, including, but not limited to, a Phase II Environmental Investigation, or other remedies permitted by law.
2. 
The requirements set forth in this section shall be enforced in addition to and in conjunction with the requirements in subsection 19A-2.11 regarding the requirement of an environmental impact statement.
a. 
All site plans shall be considered to be major site plans unless they meet the criteria for a minor site plan as defined in this section. Major site plans are reviewed in the two formal stages, preliminary and final. The objective of this two-stage process is to enable the board and the applicant to arrive at a suitable design as early and as economically as possible. The most intensive review shall take place at the preliminary stage. In addition, any applicant is permitted to present a concept plan to the board for review prior to submitting a detailed preliminary plan. Discussion of a concept plan may ultimately save time and money for the applicant and the board by clarifying major questions prior to elaborate design work and review.
b. 
Minor Site Plan. A minor site plan shall mean a development plan which involves the addition to or alteration of an existing use, structure or building and which complies with the following conditions and limitations:
1. 
The development plan does not increase existing site improvement coverage by more than 2,500 square feet;
2. 
The development plan does not require modification of the existing layout of the site; i.e., parking, drainage and access;
3. 
The proposed development does not involve the granting of any variances or conditional use approval;
4. 
The property which is the subject of the development plan has previously been granted site plan approval;
5. 
Additionally, if the proposed development involves only the installation of site plan amenities such as lighting, landscaping, and awnings or involves improvements which are undertaken for the purpose of bringing the site into conformity with the requirements of an upgraded zoning ordinance, the development plan may, in the discretion of the board, be treated as a minor site plan application.
c. 
The board shall determine whether a site plan is to be deemed major or minor by a majority vote of the members present.
d. 
In application for minor site plan approval, notice and public hearing shall not be required. Approval of the minor site plan shall constitute final approval in accordance with N.J.S.A. 40-55D:50 and shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant provided that the board may condition its approval on such terms as shall be reasonable and appropriate, including, but not limited to the receipt of a favorable report from the Mercer County Planning Board and provisions ensuring the provision and installation of improvements. Failure of the board to act within this period shall constitute minor site plan approval.
e. 
The zoning requirements and general terms and conditions upon which the board's approval was based shall not be changed for a period of two years from the date of the minor site plan approval, whether or not the approval was granted conditionally or otherwise.
f. 
In any case, where site plan review is required under the provisions of this chapter, an applicant may apply for a waiver of specific site plan review provisions and requirements.
1. 
Upon a showing by the applicant that the literal enforcement of one or more of the site plan review provisions is impractical, the board may authorize, by majority vote of the members present at the meeting, such waivers as will not be contrary to the public's health, safety and welfare or the objectives of this chapter.
2. 
An application for a waiver shall be made in writing. In granting waivers, the board may impose such conditions, safeguards and restrictions as will be necessary to carry out the purposes and intent of the provisions of this chapter.
3. 
The planning board shall encourage and at the request of an applicant, the board shall grant an informal review of a conceptual (schematic) site plan. Such a review shall be without fee and neither the applicant nor the board shall be bound thereby.
g. 
All applications at every stage shall contain the following information in addition to any other requirements:
1. 
Title and location of the property.
2. 
Name and address of landowner and applicant. If a corporation is a landowner or applicant, the principal office and name of president and secretary shall be included.
3. 
Name, address and professional license number and seal of the professional preparing documents and drawings. All plans shall be prepared, signed and sealed by a licensed professional engineer or architect.
4. 
Place for signature of the chairman and secretary of the planning board.
5. 
Date of plan and any modifications thereto. In addition, any revised plan submitted for approval shall be accompanied by a certification of the engineer or architect who sealed the plan detailing all the changes from the last version of the plan previously submitted for approval.
a. 
Objectives. The conceptual plan shall be reviewed to determine the acceptability and desirability of the proposal, and the general design concept including use, location and bulk, buildings and improvements, density, open space, traffic and pedestrian patterns and other general design components. The maps shall be to scale but detailed dimensions need not be shown.
b. 
Application Document. Copies of the plans, in the number specified, an application in a form approved by the board, shall be delivered to the reviewing agency secretary and the building subcode official.
c. 
Schematic Plan Details. The conceptual plan shall contain the following:
1. 
Locator map at a scale of one inch equals 200 feet (1" equals 200') or larger scale, showing the lot and block number of the parcel in question and the lot and block numbers of adjacent and opposite properties. This map should also show any contiguous lot in which the applicant has any direct or indirect interest, and the nature of the applicant's interest.
2. 
A schematic plan at a scale of one inch equals 50 feet (1" equals 50') or larger scale, and any supplemental plans that are necessary to properly depict the project. In the case of a complex project, a scale other than one inch equals 50 feet maybe submitted provided that one copy of a photo-mechanical reduction to a scale of one inch equals 50 feet is submitted. The schematic development plan shall show at least the following information:
(a) 
North arrow, scale, graphic scale, date and revision dates.
(b) 
The zoning district in which the parcel is located together with the district boundaries within the parcel or within 200 feet therefrom. All setback lines, landscape strips, landscape buffers, building heights and other bulk requirements shall be shown and dimensioned. Any deviation from requirements of this chapter shall be specifically shown.
(c) 
The boundaries of the property, all existing streets and roads, easements and rights-of-way, and the approximate location of areas dedicated to public use within 200 feet of the property. The approximate locations of all buildings and structures, parking areas and public accessways and pedestrian parks and bicycle pathways within 200 feet of the property.
(d) 
Reference to any existing covenants, deed restrictions or exceptions covering all or any portion of the parcel.
(e) 
The general existing land form and the approximate location of any existing features of environmental importance such as rock outcroppings, high points, watercourses and drainage ways, depressions, pond-marshes, vegetation and wooded areas. Any proposed changes of such natural features shall be specifically noted.
(f) 
The approximate locations of all existing buildings and other major structures.
(g) 
The proposed use or uses of the land, buildings and other major structures.
(h) 
The land area of the property in question and approximate quantities such as improvement coverage, number of units, square feet of construction, value of construction, density, coverage, number of employees, number of residents, and area of land to be dedicated.
(i) 
The general location of the proposed structures and their relationship to the immediate and surrounding environment.
(j) 
General renderings of all off-street parking, service and utility areas, indicating all parking spaces, intended traffic flow patterns, and impact of same on public streets as well as internal circulation.
(k) 
The locations of access to public streets.
(l) 
The location of pedestrian park, bicycle pathways, public areas and their relationship to structures, parking and the surrounding environment.
(m) 
Landscaping, lighting, and sign concept.
(n) 
Environmental concepts. Utilities, solid waste, soils, noise and air pollution, storm water management.
(o) 
Energy conservation concept.
(p) 
Proposed maintenance plan for roads, detention basins, common open space, etc.
(q) 
Conservation of natural resources.
(1) 
A schedule of desired development time, including township review functions, public hearings and approvals, construction start, staging, if any, completion and occupancy.
3. 
The applicant shall submit to the board of jurisdiction an aerial photograph, or copy of an aerial photograph with the site boundaries clearly indicated. This photograph or print must be of a scale of 1" = 400' or less, must have been taken within a five year period of the date of submission, and must clearly indicate existing vegetation, structures, and surrounding land uses.
a. 
Objectives: The preliminary plan should be reviewed to determine the acceptability of the detailed design concept and shall be in sufficient detail to enable the board to ascertain compliance with the performance standards and other standards of this chapter.
b. 
Application Document: Copies of the preliminary plan the number specified by the board, an application in a form approved by the board and the requisite fee shall be delivered to the reviewing agency secretary.
c. 
Preliminary Plan Details: The preliminary plan shall contain the following:
1. 
Locator map at a scale of one inch equals 200 feet, (1" equals 200') or larger scale, showing the lot and block numbers of adjacent and opposite properties. This map should also show any contiguous lot in which the applicant has any direct or indirect interest, and the nature of the applicant's interest.
2. 
The applicant shall submit to the board of jurisdiction an aerial photograph, or copy of an aerial photograph with the site boundaries clearly indicated. This photograph or print must be of a scale of 1" = 400' or less, must have been taken within a five year period of the date of submission, and must clearly indicate existing vegetation, structures, and surrounding land uses. In addition, photographs of the property, where necessary, to show any unusual topographic, environmental or physical aspect of the site. This would include, but not be limited to rock outcroppings, vegetation, natural drainage ways, wetlands and existing structures and improvements.
3. 
A preliminary plan at a scale of one inch equals 50 feet (1" equals 50') or larger scale, and any supplemental plans that are necessary to properly depict the project. In the case of a complex project a scale other than one inch equals 50 feet may be submitted provided that one copy of photo-mechanical reduction to a scale of one inch equals 50 feet is submitted. The preliminary plan shall show at least the following information:
(a) 
North arrow, scale, graphic scale, date and noted and dated revisions.
(b) 
The names of all owners of adjacent property together with the lot and block numbers of said property as shown on the current tax records of East Windsor Township or on the tax records of any bordering municipality.
(c) 
The zoning district in which the parcel is located together with the district boundaries included within the boundaries of the parcel or within 200 feet therefrom. All setback lines, landscape strips, landscape buffers, building height and other bulk requirements shall be shown and dimensioned. Any deviation from requirements of this chapter shall be specifically shown.
(d) 
Survey map, prepared by a licensed surveyor of New Jersey, showing boundaries of the properties, lines of all existing streets and roads, easements, rights-of-way, and areas dedicated to public use within 200 feet of the development. These shall be dimensioned and where applicable, referenced as to direction.
(e) 
Reference to any existing or proposed deed restrictions or exceptions concerning all or any portion of the parcel. A copy of such covenants, deed restrictions or exceptions shall be submitted with the application.
(f) 
The existing and proposed contours, referred to U.S. Coast and Geodetic Survey Datum, at a contour interval of not less than two feet. Existing contours are to be indicated by dashed lines and proposed contours are to be indicated by solid lines. Location of existing rock outcroppings, high points, watercourses and drainage ways, depressions, ponds, marshes, vegetation, wooded areas and other significant existing features including previous flood elevations of watercourses, ponds and areas as determined by survey. Trees of six inches or over in caliper shall be specifically located and identified. Any proposed change of such natural features shall be specifically noted.
The applicant shall further submit a certified statement from a licensed engineer describing the soil types on the property and indicating their general suitability for the uses proposed.
(g) 
Delineation and description of soil types on the property and demonstration of their general suitability for area proposed.
(h) 
The location, size, elevation, slope and type of storm drainage structures and other utility structures, above and below grade, whether publicly or privately owned. Design calculations supporting the adequacy of proposed drainage structures and/or surface drainage shall be submitted.
(i) 
The location of all existing buildings, bridges, culverts, paving, lighting, signs or any other structures with grade elevations for each structure.
(j) 
The distance measured along the right-of-way lines of existing streets abutting the property, to the nearest intersection with other streets.
(k) 
The proposed use or uses of the land, buildings and structures.
(l) 
The quantitative aspects of the proposal such as improvement coverage, number of units, square feet of construction, value of construction, density, coverage, number of employees, number of residents and area of land, etc.
(m) 
The proposed buildings and structures and any existing structures to remain, with dimensions, setbacks, height (in feet and stories), and first floor or grade elevations. Existing buildings and structures to be removed shall be indicated.
(n) 
The location and designs of any off-street parking areas, service, trash or loading areas showing size and location of bays, aisles, barriers, planters, maneuvering areas, and traffic patterns.
(o) 
The means of vehicular access for ingress and egress from the site, showing the proposed traffic channels, lanes and other structure or device intended to control traffic.
(p) 
The location, design, and size of any on or off-site pedestrian parks and bicycle pathways, open space, common open space, plazas and recreation areas or any other public use areas.
(q) 
The location and design of all proposed utility structures and liens, storm water drainage on site and off-site and from buildings and structures, as well as telephone, power and light, sewer, gas, whether publicly or privately owned with manholes, inlets, pipe sizes, grades, inverts and directions of flow.
(r) 
Location of water hydrants will be in accordance with NFPA standards.
(s) 
The location and design of the proposed screening, landscaping, planting and/or berming including a landscape plan, planting schedule, maintenance specification and planting details prepared by a certified landscape architect containing information set forth in the Technical Standards Ordinance.
(t) 
The location of all outdoor lighting—whether free standing or not—with rotations as to the size, nature of construction, height, lumens, direction of illumination, foot candles produced and time controls proposed.
(u) 
The location and design of all signs, the size, nature of construction, height and orientation, including all identification signs, traffic and directional signs and arrows, free standing and facade signs and time control for sign lighting.
(v) 
The location and size of all proposed easements, rights-of-way, public areas to be dedicated to the public or to be restricted or defined by deed or any other arrangement.
(w) 
Notation as to all public facilities existing as shown on the East Windsor Township official map as being within 500 feet from any property line.
(1) 
A schedule of desired developmental time, including township review functions, public hearings and approvals, construction start, staging, if any, and completion and occupancy.
(2) 
Preliminary architectural floor plans and elevations, and, where necessary to properly depict the proposed development in its environment, sketches or models.
(3) 
Any other material necessary to evaluate the physical impact of the proposed development upon the township.
(4) 
Material necessary to evaluate the environmental impact of the proposed development on the ecosystem of the township and region.
(5) 
Where warranted, material necessary to evaluate the socioeconomic impact of the proposed development on the township and region.
(6) 
Material necessary to evaluate the traffic impact of the proposed development on the existing road network.
(x) 
Where warranted, material necessary to evaluate the fiscal impact of the proposed development on the township and local school district.
(1) 
In cluster or planned developments, the method by which an open space or commonly held building or structure is to be owned and maintained. The ownership and maintenance of a common open space shall be accomplished in a manner satisfactory to the planning board. The board may impose conditions upon the organization responsible for ownership and maintenance including, but not limited to the following:
(i) 
The organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise (except to an organization conceived and established to own and maintain the common open spaces and meeting all conditions imposed by the planning board) without first offering to dedicate the same to the township.
(ii) 
Membership in the organization shall be mandatory upon all owners of property in the development.
(iii) 
In the event of failure by the organization to maintain the common open spaces, the township shall cause the open space to be maintained in the same manner as it may cause open space in the planned residential development to be maintained pursuant to subsection 19A-4-23.
(2) 
Copies of covenants and deeds, easements or any other restrictions proposed to be imposed upon the land or buildings.
(3) 
Such other information or material as the planning board shall deem necessary.
d. 
Preliminary Plan Review. Upon submission of the preliminary plan for the review and approval, the board secretary shall review the plan to determine whether it is complete. Upon such determination, the secretary shall submit one copy of the plan to the following professionals and boards:
1. 
The township engineer.
2. 
The township planner.
3. 
The township chief of police.
4. 
The township building subcode official.
5. 
The municipal utilities authority.
6. 
The township health officer.
7. 
The township fire marshal.
8. 
The township shade tree commission.
9. 
The township environmental commission.
10. 
The township zoning officer.
11. 
The area fire chief.
12. 
Such other boards or professionals as the planning board may deem necessary.
The professionals and boards shall have a period of 30 days after receipt of the preliminary plan to make a report and recommendations concerning the preliminary plan. The board shall take such recommendations into account but shall have the right to proceed in the absence of any recommendations.
e. 
Preliminary Plan Hearing. Upon expiration of the 30 day period the board may fix a public hearing date and shall state the changes, if any, that are to be made in the plans prior to said hearing. On the date fixed for a public hearing, if the applicant has given notice as herein required, and if a revised plan, if required, shall have been on file with the board at least ten days prior, the board shall hold a public hearing on the preliminary plan. The applicant shall, at least ten days prior to the public hearing, give notice personally or by registered or certified mail, to all property owners as their names appear on the current tax assessment records of the township within 200 feet of subject property and to all other persons, or municipal, county, or State bodies entitled by law to notice. A public notice shall also be published by the applicant in the official newspaper of the township at least ten days prior to the date of the hearing. The notice shall contain a brief description of the property involved, its location, a concise statement of the matters to be heard and the date, time and place of such hearing.
At the hearing, the applicant and all other interested persons, shall be given an opportunity to be heard.
f. 
Approval Procedures. The board shall grant or deny preliminary approval of a complete application for a site plan approval which involves ten acres of land or less, and ten dwelling units or less, within 45 days of the date of submission of a complete application or within such further time as may be consented to by the developer.
The board shall grant or deny preliminary approval of a complete application for a site plan approval which involves more than ten acres, or more than ten dwelling units, within 95 days of the date of submission of a complete application or within such further time as may be consented to by the developer. Otherwise, the board shall be deemed to have granted preliminary approval of the site plan.
g. 
Effect of Approval. See section 21-5 of the Land Use Procedures Ordinance.
a. 
Objectives. The final plan shall be reviewed to ascertain whether the construction documents to be utilized in construction of the project conform to the approved preliminary plan.
b. 
Final Plan Document. Copies of the final plan in the number specified by the board, an application in a form approved by the board and the requisite fee shall be delivered to the board secretary.
c. 
Details. The final plan shall include the following:
1. 
The approved preliminary plan together with all proposed additions, changes or departures therefrom.
2. 
Final construction documents illustrating:
(a) 
The final plans for site development and site improvements.
(b) 
The first, ground or other floor plans sufficient to show pedestrian, vehicular or other access.
(c) 
The building facades including size, structure, materials, colors and textures.
(d) 
Elevations of any other structure, sign or area visible to the general public.
d. 
Final Plan Review. Upon submission of the final plan for review and approval, the applicant shall submit copies of the plan to: the planning board secretary for distribution to:
(1) 
The township engineer.
(2) 
The township planner.
(3) 
The municipal utilities authority.
The professionals and boards shall have a period of 30 days after receipt of the final plan to make a report and recommendations concerning the final plan. The board shall take such recommendations into account but shall have the right to proceed in the absence of any such recommendations.
e. 
Final Plan Approval. Within 45 days following submission of a complete application, the board shall grant or deny the final approval, stating reasons for any disapproval. Upon approval or compliance, the chairman and secretary of the board shall sign the plan and the zoning officer shall be advised that a zoning permit may be issued in accordance with the approved plan. Final plan approval shall expire unless a building permit has been issued within two years of the date of the final plan approval.
The applicant shall install all improvements required and shown on the approved site plan, prior to the issuance of a certificate of occupancy. Such improvements shall meet the specifications set forth in the land subdivision, Technical Standards or such other standards as may be approved by resolution of the board and applied uniformly to all applications.
As a condition of final plan approval, the board may require the applicant to provide to the township, a performance guarantee sufficient to insure completion of all street, curb, sewer, sidewalks, drainage, shade tree, common open space improvements, and other public improvements in the manner and amount set forth in subsection 19-5.3 of the Revised General Ordinances.
The performance guarantee shall be in the amount determined by the township engineer and shall be approved by the township attorney as to form and execution. Upon recommendation of the township engineer, the amount of any performance guarantee may be released or reduced by resolution when all or a portion of the improvements have been completed, and the time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by resolution of the appropriate municipal agency.
As to any improvements to be dedicated to the township the applicant shall post a maintenance guarantee in the manner and amount set forth in subsection 19-5.4 of the Revised General Ordinances.
In the event that an applicant can prove that changed conditions beyond the applicant's control have created a situation in which strict enforcement of all the requirements imposed on him at the time of final approval would cause significant hardship, the board may permit some deviation from the final plan providing that:
1. 
Such deviation will not substantially alter the character of the development; and
2. 
Such deviation will not substantially impair the intent and purpose of the Master Plan and Zoning Ordinance.
This section shall apply to all planned developments.
The planning board may not formally accept an application schematic, preliminary or final plan approval unless the following conditions have been met:
a. 
Planned Development Applications. Five copies of the application form, to be provided by the clerk of the Township of East Windsor shall be completed and submitted to the secretary of the planning board.
b. 
Required Number of Maps and Reports. 25 copies of all maps and written reports, as required herein, shall be provided and submitted to the planning board. A mylar reproducible and a microfilm of all maps granted preliminary and final approval shall be required.
c. 
Application Fees and Escrow Fund Requirements. All application fees and escrow funds shall be paid to the proper municipal authorities and due notice of the same made to the planning board.
d. 
Formal Acceptance by Planning Board. When the foregoing conditions have been met, the chairman of the planning board shall instruct the secretary of the planning board to record that the application has been formally accepted and shall inform the respective municipal agencies and the applicant of such action. The planning board secretary shall certify that the application is complete.
It is the intent of this section to provide the basic procedures by which application for preliminary and final approval may be reviewed and approved or denied.
Where a requirement of this section explicitly conflicts with any other ordinance, this section shall be followed as to the procedures for any planned development application. As to any requirement not explicitly set forth in this section, it is the intent of this section that all other relevant provisions of township ordinances and regulations including but not limited to the Zoning Ordinance (Chapter 20), the Subdivision Ordinance (Chapter 19), and the Technical Standards Ordinance (Chapter 22) shall apply.
The applicant shall submit a schematic development plan which shall include both maps and written materials as set forth in section 20-31.0202.
All such documents submitted shall contain the following:
a. 
Title and location of development.
b. 
Name and address of landowner or applicant. If a corporation is landowner or applicant, the principal office and name of president and secretary shall be included.
c. 
Name, address and professional license number and seal of the professional preparing documents and drawings. All plans shall be prepared, signed and sealed by a licensed professional engineer or architect.
d. 
Place for signature of the chairman and secretary of the planning board.
e. 
Date of Stage 1 preliminary plan and date of any modifications thereto. In addition, any revised plan submitted for approval shall be accompanied by a certification of the engineer or architect who sealed the plan detailing all the changes from the last version of the plan previously submitted for approval.
a. 
Locator map at a scale of one inch equals 200 feet (1" equals 200') or larger scale showing the lot and block number of the parcel in question and should also show any contiguous lot in which the applicant has any direct or indirect interest and the nature of the applicant's interest, as well as the zoning district in which the parcel is located together with the zone boundaries of the parcels 1,000 feet therefrom.
b. 
The applicant shall submit to the board of jurisdiction an aerial photograph, or copy of an aerial photograph with the site boundaries clearly indicated. This photograph or print must be of a scale of 1" = 400' or less, must have been taken within a five year period of the date of submission, and must clearly indicate existing vegetation, structures and surrounding land uses. In addition, photographs of the property and the surrounding area to show any unusual topographic, environmental or physical aspect of the site. This would include, but not be limited to rock outcroppings, vegetation, natural drainage ways, wetlands, and existing structures and improvements.
c. 
Maps, plans, or other material necessary to determine the nature of the adjoining lands, including but not limited to topography, drainage area, lot layout and development characteristics and the adjoining street and pedestrian system.
d. 
A concept plan at a scale of one inch equals 100 feet (1" equals 100') or larger scale, and any supplemental development plans that are necessary to properly depict the project. In the case of a complex project, a scale other than one inch equals 100 feet may be submitted, provided that one copy of a photo-mechanical reduction to a scale of one inch equals 100 feet is submitted. The schematic development plan shall show at least the following information:
1. 
North arrow, scale, graphic scale, date and revision dates.
2. 
The boundaries of the property, all existing streets and roads, easements and right-of-way, and the approximate location of areas dedicated to public use within 500 feet of the property. The approximate locations of all buildings and structures, parking areas and public accessways, pedestrian parks, and bicycle pathways, open space areas within 500 feet of the property.
3. 
Reference to any existing covenants, deed restrictions or exceptions covering all or any portion of the parcel.
4. 
The general existing land form and the approximate location of any existing features of environmental importance such as rock outcroppings, high points, watercourses and drainage ways, depressions, ponds, marshes, vegetation and wooded areas. Any proposed drainage of such nature features should be specifically noted.
5. 
The approximate locations of all existing buildings and other major structures.
6. 
The proposed land use or uses of the land, buildings and structures.
7. 
The land area of the property in question and approximate quantities such as improvement coverage, number of units, square feet of construction, value of construction, density, coverage, number of employees, number of residents, and area of land to be dedicated.
8. 
The general location of the proposed structures and their relationship to the immediate and surrounding environment.
9. 
The location of roads and streets and access to public roads and streets.
10. 
The general location of off-street parking areas and service and trash areas and the major related traffic movements.
11. 
The location of pedestrian ways and public areas, common recreation areas and other open space, public or private schools and other similar facilities and their relationship to structures, parking and the surrounding environment.
12. 
The proposed landscaping, sign and lighting concept.
13. 
The energy conservation concept.
e. 
A written report describing the planned development, including but not limited to:
1. 
A written description illustrating the relationship of the planned development to the master plan of East Windsor Township.
2. 
A written description of the area surrounding the planned development demonstrating the relationship of the proposed site to adjoining area.
3. 
An explanation of the character of the planned development and the reasons for its consideration.
4. 
The present ownership of all lands included within the planned residential development.
5. 
A schedule of desired development time, including township review functions, public hearings and approvals, construction start and completion, and occupancy.
6. 
A statement of environmental impact.
Within 90 days after the acceptance of a complete schematic development plan, the planning board shall approve with conditions, or disapprove the schematic development plan in a written report giving reasons for the action so taken.
If the planning board approves the schematic development plan or approves the plan subject to modification, the applicant may proceed with an application for preliminary plan approval.
a. 
Objectives. The preliminary plan shall be reviewed to determine the acceptability of the detailed design concept and shall be in sufficient detail to enable the board to ascertain compliance with the performance standards and other standards of this chapter.
b. 
Application Document. Copies of the preliminary plan in the number specified by the board, an application on a form approved by the board and the requisite fee shall be delivered to the reviewing agency secretary.
An application for preliminary approval of the plan for a planned residential development shall be filed by or on behalf of the landowner, within six months following the schematic development plan approval. Where circumstance warrants, an extension of six additional months shall be permitted by mutual agreement of both parties. Failure to meet this time restriction shall invalidate any schematic development plan approval.
A preliminary plan shall include both maps and written materials as set forth in section 20-31.0303. All such documents submitted shall contain the following:
a. 
Title and location of development.
b. 
Name and address of landowner and applicant. If a corporation is landowner or applicant, the principal office and name of president and secretary shall be included.
c. 
Name, address and professional license number and seal of the professional preparing the documents and drawings. All plans shall be prepared, signed and sealed by a licensed professional engineer or architect.
d. 
Place for signature of the planning board chairman, planning board secretary and township engineer and any other designated authorities or agencies as may be required by the planning board.
e. 
Date of preliminary plan and date of any modification thereto. In addition, any revised plan submitted for approval shall be accompanied by a certification of the engineer or architect who sealed the plan detailing all the changes from the last version of the plan previously submitted for approval.
a. 
Locator map at a scale of one inch equals 200 feet (1" = 200') or larger scale showing the lot and block number of the parcel in question and the lot and block numbers of any adjacent and opposite properties. The map should also show any contiguous lot in which the applicant has any direct or indirect interest, and the nature of the applicant's interest, and show the zoning district in which the parcel is located, together with the zone boundaries included within the boundaries of the parcels or within 1,000 feet therefrom.
b. 
The applicant shall submit to the board of jurisdiction an aerial photograph, or copy of an aerial photograph with the site boundaries clearly indicated. This photograph or print must be of a scale of 1" = 400' or less, must have been taken within a five year period of the date of submission, and must clearly indicate existing vegetation, structures and surrounding land uses. In addition, photographs of the property and the surrounding area to show any unusual topographic, environmental or physical aspects of the site. This would include, but not be limited to rock outcroppings, vegetation, natural drainage ways, wetlands, and existing structures and improvements.
c. 
Maps, plans or other material necessary to determine the nature of the adjoining lands including, but not limited to: topography, drainage areas, lot layout, and development characteristics and the adjoining street and pedestrian system.
d. 
A preliminary development plan at a scale of one inch equals 100 feet (1" = 100') or larger scale showing any supplemental development plans that are necessary to properly depict the project. In the case of a complex project, a scale other than one inch equals 100 feet may be submitted, provided that one copy of a photo-mechanical reduction to a scale of one inch equals 100 feet is submitted. The preliminary development plan shall show at least the following information:
1. 
North arrow, scale, graphic scale, date and noted and dated revisions.
2. 
The names of all owners of adjacent property within 500 feet, together with the lot and block numbers of said property, as shown on the current tax records of East Windsor Township.
3. 
The zoning district in which the parcel is located, together with the zone boundaries included within the boundaries of the parcel or within 500 feet therefrom. All setback lines, landscape strips and any other such requirements of the local ordinance shall be shown. Any modifications to the requirements of the township ordinance should be specifically known.
4. 
Survey map, prepared by a licensed surveyor of New Jersey, showing boundaries of the properties, lines of all existing streets and roads, easements, right-of-way, and areas dedicated to public use within 500 feet of the development. These shall be dimensioned and where applicable, referenced as to direction.
5. 
Referenced to any existing or proposed deed restrictions or exceptions concerning all or any portion of the parcel. A copy of such covenants, deed restrictions or exceptions shall be submitted with the application.
6. 
The existing and proposed contours, referred to the U.S. Coast and Geodetic Survey Datum at a contour interval of not less than two feet. Existing contours are to be indicated by dashed lines and proposed contours are to be indicated by solid lines. Location of existing rock outcroppings, high points, watercourses and drainage ways, depressions, ponds, marshes, vegetation, wooded areas and other significant existing features including previous flood elevations of watercourses, ponds and areas as determined by survey. Trees of six inches or over in caliper shall be specifically located and identified. Any proposed change of such natural features should be specifically noted.
7. 
The location, size, elevation, slope and type of storm drainage structures and other utility structures, above and below grade, whether publicly or privately owned. Design calculations supporting the adequacy of proposed drainage structures and surface drainage shall be submitted.
8. 
A delineation and description of the soil types on the property and demonstrating their general suitability for the uses proposed.
9. 
The location of all existing buildings, bridges, culverts, paving, lighting, signs or any other structures with grade elevations for each structure.
10. 
The distance measured along the right-of-way lines of existing streets abutting the property, to the nearest intersection with other streets.
11. 
The proposed use or uses of the land, buildings and structures.
12. 
The quantitative aspects of the proposal such as improvement coverage, number of units, square feet of construction, value of construction, density, coverage, number of employees, number of residents and area of land, etc.
13. 
The proposed buildings and structures and any existing structures to remain, with dimensions, setbacks, heights (in feet and stories), and first floor or grade elevations. Existing buildings and structures to be removed should be indicated.
14. 
The location of the major thoroughfares and streets as well as the means of vehicular access for ingress to and egress from the major components of the development, showing proposed traffic channels, lanes, and any other structure or device intended to control traffic.
15. 
The location and design of any off-street parking areas, service, trash or loading areas showing size, location of bays, aisles, barriers, planters, maneuvering areas, and traffic patterns and bicycle pathways, open areas, common open space, plazas and recreation areas or any other public use areas, including on or off-site pedestrian parks.
16. 
The location and design of all proposed utility structures and lines, storm water drainage on-site and off-site, and from buildings and structures as well as telephone, power and light, sewer, gas, whether publicly and privately owned with manholes, inlets, pipe sizes, grades, inverts and direction of flow.
17. 
The location and design of the proposed screening, landscaping, planting and/or berming including a landscape plan, planting schedule, maintenance specification and planting details prepared by a certified landscape architect containing information set forth in the Technical Standards Ordinance.
18. 
Location of water hydrants will be in accordance with NFPA standards.
19. 
The location and design of the proposed screening, landscaping and/or berming and planting, including a planting plan and schedule of plant materials.
20. 
The location of and all outdoor lighting (freestanding or on buildings), the size, nature of construction, lumens, heights, area and direction of illumination, foot candles produced as well as time controls proposed for outdoor lighting or display.
21. 
The location and design of all signs, the size, nature of construction, height and orientation, including all identification signs, traffic and directional signs and arrows, freestanding and facade signs and time control for sign lighting.
22. 
The location and size of all proposed easements, right-of-way, public areas to be dedicated to the public or to be restricted or defined by deed or any other arrangement.
23. 
Notation as to all public facilities existing as shown on the East Windsor Township official map as being within 500 feet from any property line.
e. 
A written report describing the planned development, including, but not limited to:
1. 
A statement of the relationship of the approved Stage 1 preliminary plan to the proposed preliminary plan with all proposed additions, changes or departures specifically noted.
2. 
The proposed form of organization proposed to own and maintain any common recreation or open space.
3. 
A schedule of desired development time, including township review functions, public hearings and approvals, construction start and staging, if any, and calculations.
4. 
All calculations necessary to determine the number of residential units permitted, density requirements, common recreation area and open space requirements, off-street parking requirements and other similar calculations.
5. 
All calculations necessary to show the extent and value of all industrial and commercial uses.
6. 
A written statement setting forth the reasons why a planned development would be in the public interest and would be consistent with the municipal statement of objectives on planned development in section 20-1.0000.
7. 
Material necessary to evaluate the environmental impact of the proposed development on the ecosystem of the township and region.
8. 
Material necessary to evaluate the socioeconomic impact of the proposed development on the township and region.
9. 
Material necessary to evaluate the traffic impact of the proposed development on the existing road network.
10. 
Material necessary to evaluate the fiscal impact of the proposed development of the township and local school district.
11. 
Such other information or material necessary to evaluate the planned residential development.
a. 
The planning board shall review the preliminary planned development and shall request a written review from the following:
1. 
The township engineer.
2. 
The township planner.
3. 
The township chief of police.
4. 
The township zoning officer.
5. 
The municipal utilities authority.
6. 
The township health officer.
7. 
The township fire marshal.
8. 
The township shade tree commission.
9. 
The township environmental commission.
10. 
The township council.
11. 
The board of education.
12. 
The planning board attorney.
13. 
The area fire chief.
14. 
Economic development committee.
15. 
Such other boards or professionals as the board may deem necessary.
b. 
In addition, the planning board may require a written review from some of, but not limited to the following:
1. 
The U.S. Corps of Army Engineers.
2. 
The N.J. Department of Community Affairs.
3. 
The N.J. Department of Transportation.
4. 
The N.J. Department of Environmental Protection.
5. 
The Mercer County Planning Board.
6. 
The Mercer County Department of Public Works.
7. 
The Mercer County Department of Health.
8. 
The Mercer County Soil Conservation District.
a. 
Public Hearings; Testimony. Within 45 days after the acceptance of a filed application, a public hearing on said application shall be held by the planning board, public notice of which hearing shall be given in the manner prescribed in Revised Statutes, for hearings or amendments to a zoning ordinance. The chairman, or in his absence, the acting chairman of the planning board may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine witnesses.
b. 
Required Transcript; Evidence; Planning Staff. A transcript of the hearing shall be caused to be made by the township, the cost of which shall be borne by the applicant, copies of which shall be made available to the applicant and the planning board and at cost to any party to the proceedings, and all exhibits accepted in evidence shall be identified and duly preserved, or if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record. A report on the proposed planned development by the township planner shall be prepared and filed with the planning board, not less than five days before the public hearing and made available for public inspection during reasonable hours.
c. 
Continuation of Hearings; Time Limit of Hearings. The planning board may continue the hearing from time to time and the planning board may refer the matter back to the township planner for further report, a copy of which shall be filed on record without delay provided, however, that in any event, the public hearing or hearings shall be concluded within 45 days after the date of the first public hearing, unless the applicant shall consent in writing to an extension of time within which the hearing shall be concluded.
d. 
Planning Board Findings. Prior to preliminary approval of any planned residential development, the planning board shall determine that:
1. 
The plan is in general conformity with the provisions of the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.) as amended, and the master plan for the Township of East Windsor.
2. 
Said proposed planned development will not have a substantially adverse effect on the development of the surrounding area.
3. 
As a condition to the preliminary approval of the planned development, the planning board shall review the sequence of stages and may permit the implementation of the plan in whole or in sections or stages.
4. 
In the deliberations of the proposed sequence of stages, the planning board shall be guided by the following criteria and factors:
(a) 
That each stage is substantially self-functioning and self-sustaining with regard to access, utility services, parking, open space, all amenities and other similar physical features and shall be capable of occupancy, operation and maintenance upon completion of construction and development.
(b) 
That each stage is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which maybe needed to serve the planned development in the future.
(c) 
That adequate protection is provided to ensure the proper disposition of each stage through the use of maintenance and performance guarantees, covenants and other formal agreements.
(d) 
That the applicant shall provide a balanced distribution for development in each stage. The distribution shall be judged on the basis of the level of improvement costs, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment.
5. 
The planning board at its discretion, may require additional documentation and study by the applicant. The board may require:
(a) 
That the applicant demonstrate through a market feasibility study and other possible study techniques the demand for the principal proposed uses within each stage, the probable rental prices or sales costs for such facilities and other relevant market data.
(b) 
That the applicant provide a cost-benefit analysis or other similar study to review the relative estimated municipal costs, services and ratables which might be anticipated for each stage of development.
(c) 
That the applicant provide an operational time sequence chart of anticipated construction and completion of various stages of development including all necessary municipal and other governmental approvals which are required. The chart may be in the form of a Program Evaluation Review Technique or PERT chart.
(d) 
That the applicant provide a circulation study both within the planned residential development and as it may affect the surrounding areas including estimates of total automotive trips generated, peak hour demand, present anticipated traffic volumes, existing street capacities and other elements which may influence and be influenced by the proposed planned development.
6. 
The grant or denial of preliminary approval by written resolution shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said resolution shall set forth with particularity in what respects the plan would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:
(a) 
In what respect the plan is or is not consistent with the statement of objectives of a planned development.
(b) 
The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are deemed to be in the public interest.
(c) 
The purpose, location and amount of the common open space in the planned development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of development.
(d) 
The physical design of the plan and the manner in which the design does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
(e) 
The relationship, beneficial or adverse, of the planned development to the neighborhood in which it is proposed to be established.
(f) 
In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents and owners of the planned development in the integrity of the plan.
(g) 
In the event a plan is granted preliminary approval, with or without conditions, the planning board shall set forth in the written resolution the time within which an application for final approval of the plan shall be filed or, in the case of a plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. The time so established between grant of tentative approval and an application for final approval shall not be less than three months and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than six months, provided nothing herein contained shall be construed to limit an applicant from the presentation of any application for final approval earlier than the time period hereinabove set forth.
e. 
Action by Planning Board; Applicant. The planning board shall, within 60 days following the conclusion of the public hearing, by written resolution either:
1. 
Grant preliminary approval of the plan as submitted;
2. 
Grant preliminary approval subject to specified conditions not included in the plan as submitted; or
3. 
Deny preliminary approval to the plan.
Failure of the planning board to so act within said period shall be deemed to be a grant of preliminary approval of the plan as submitted. In the event preliminary approval is granted, other than by lapse of time, of either the plan as submitted or of the plan with conditions, the planning board shall, as part of its resolution, specify the drawings, specifications and form of performance bond that shall accompany an application for final approval.
In the event preliminary approval is granted subject to conditions, the applicant shall, within 45 days after receiving a copy of the written resolution of the planning board, notify the planning board of his acceptance of, or his refusal to accept all said conditions. In the event that the applicant refuses to accept all said conditions the planning board shall be deemed to have denied preliminary approval of the plan. In the event the applicant does not, within said period, notify the planning board of his acceptance of, or his refusal to accept all said conditions, preliminary approval of the plan, with all said conditions, shall stand as granted. Nothing contained herein shall prevent the planning board and the applicant from mutually agreeing to a change in such conditions, and the planning board may, at the request of the applicant, extend the time during which the applicant shall notify the planning board of his acceptance or refusal to accept the conditions.
a. 
Certification of Approval. Within five working days after the adoption of the written resolution, it shall be certified by the clerk of the Township of East Windsor and shall be filed in the office of the clerk and a certified copy shall be mailed to the applicant. Where same shall be noted on the zoning map maintained in the office of the township clerk.
b. 
Municipal Action Restricted. Preliminary approval of a plan shall not qualify a plat of the planned development for recording nor authorize development or the issuance of any building permits. A plan which has been given preliminary approval as submitted, or which has been given preliminary approval with conditions which have been accepted by the applicant (and provided that the applicant has not defaulted nor violated any of the conditions of the preliminary approval), shall not be modified, revoked or otherwise impaired by action of the Township of East Windsor, pending an application or applications for final approval is filed or, in the case of development over a period of years, provided applications are filed within the periods of time specified in the resolution granting preliminary approval.
c. 
Abandonment; Default of Conditions. In the event that a plan is given preliminary approval and thereafter, but prior to final approval, the landowner shall elect to abandon part of all of said plan and shall so notify the planning board in writing, or in the event the applicant shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the preliminary approval shall expire.
An 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 be made to the clerk of the township within the time or times specified by the resolution granting preliminary approval. The application shall include such drawings, specifications, covenants, easements, conditions and form of performance and maintenance bond as set forth by written resolution of the planning board 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 the plan, or part thereof, submitted for final approval, is in substantial compliance with the plan theretofore given preliminary approval.
A final plan shall include both maps and written materials as set forth in section 20-31.0404. Such documents submitted shall contain the following:
a. 
Title and location of development.
b. 
Name and address of landowner and applicant. If a corporation is landowner or applicant, the principal office and name of president and secretary and registered agent in New Jersey shall be included.
c. 
Name, address and professional license number and seal of the professional preparing documents and drawings. All plans shall be prepared, signed and sealed by a New Jersey licensed professional engineer or architect.
d. 
Place for signature of planning board chairman, planning board secretary and township engineer and any other required signature by the planning board, designated authorities or agencies as may be, for all maps which are required to be filed.
e. 
Date of final plan and date of any modifications thereto.
f. 
In addition, any revised plan submitted for approval shall be accompanied by a certification of the engineer or architect who sealed the plan detailing all the changes from the last version of the plan previously submitted for approval.
In addition to other required drawings and maps which may be required by the planning board as specified in the resolution granting preliminary approval, the following maps and requirements shall be required for each stage of final plan approval:
a. 
Detailed maps of existing conditions shall be prepared at a scale of not less than one inch equals 50 feet (1" = 50') and shall indicate the following:
1. 
Acreage of the section of the planned development to the nearest tenth of an acre for each sectional map as shall be required.
2. 
Tract boundary lines with dimensions and bearings. The length of each tangent line shall be shown to the nearest hundredth of a foot and its bearing to the nearest ten seconds. All bearings shall be referred to true north. The radius and length of arc shall be shown to the nearest hundredth of a foot and the central angle of each curbed line shall be shown to the nearest one second.
3. 
Location of existing buildings which shall remain and all other structures such as walls, fences, culverts, bridges, roadways, etc., including all structures within 200 feet of the property line, where such information is available, and spot elevations of such structures. Structures to be removed shall be indicated by dashed lines.
4. 
Location of all storm drainage structures and utility lines whether publicly or privately owned with pipe size, grades and direction of flow, and if any existing utility lines are underground, the estimated location of said already underground utility lines shall be shown.
5. 
Existing contours with intervals not more than two feet, and referenced U.S. Coast and Geodetic datum.
6. 
Location of existing rock outcroppings, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features including flood elevations of watercourses, if available, ponds and marsh areas as determined by survey, if available.
7. 
The names of all owners on record of all adjacent property and the block and lot number of said properties within 500 feet of the planned development boundary lines.
b. 
Detailed maps of the proposed planned development section or sections shall be prepared at a scale of not less than one inch equals 50 feet (1" = 50'), and shall indicate the following:
1. 
The proposed density of land use to be allocated to various parts of the site to be developed.
2. 
The proposed use or uses of land and buildings and the approximate height, coverage, elevation and location of buildings and other structures. Distances between buildings and rights-of-way or property lines shall be indicated in selected locations to indicate setbacks and spacing. "Dimensional lines" shall be provided in lieu of lot lines for computation purposes.
3. 
The proposed location and area of any common recreation areas, open space and buffer zones.
4. 
The proposed location and dimensions of pavement and right-of-way widths, street lengths, horizontal and vertical alignments, and grades, curbs, sidewalks, monuments, street lighting, fire alarm boxes, fire hydrants, street names, and other traffic control devices and shade trees for all roads, streets and thoroughfares. All street construction shall be in accordance with Township of East Windsor rules and regulations and shall be noted on the proposed plan, and shall apply to public and private streets.
5. 
The proposed provision for vehicular off-street parking and loading including locations of ingress and egress, the size and location of driveways, access aisles, parking spaces, pedestrian paths, lighting and planting and screening materials.
6. 
The proposed provisions of water systems, valves and hydrants, culverts, storm and sanitary sewers, sewage treatment facilities, gas and electric transmission lines and telephone service. When an individual water supply and/or sewage disposal system is provided, the plans for such system must be approved by the appropriate local, county or State health agencies before final approval is granted. All such installations shall be properly connected with an approved system and shall be adequate to service all present and anticipated future service needs. Electric transmission lines and telephone service shall be provided through underground utility easements.
7. 
The location of any proposed covenants, grants or easements, or other restrictions proposed to be imposed upon the use of the land, building and structures including proposed easements or grants for public utilities.
8. 
A proposed final grade plan and centerline profiles will be furnished showing approximate grade elevations and all streets, or roads, buildings and structures, and a suitable drainage plan in accordance therewith.
c. 
A written report by the applicant shall be filed for each stage of the final plan approved and shall include the following:
1. 
Copies of all proposed covenants, grants and easements or other restrictions to be imposed upon the use of the land, buildings and structures including easements or grants for public utilities. Where the dedication of space to the Township of East Windsor is contemplated, copies of all necessary deeds or other forms of conveyance shall be presented to the planning board for consideration by the township council.
2. 
All calculations necessary to determine details of all industrial and commercial developments, the number of residential units provided, the distribution of residential units by type of structure and ownership, the amount of residential and nonresidential floor area, the amount of total ground coverage, the height of individual buildings and structures, the amount of common recreation space and open space provided, the amount and distribution of required off-street parking and loading spaces and other calculations as may be required by the planning board.
3. 
Calculations shall be developed to indicate a comparison of the gross residential density, the amount of common recreation areas and open space, the total amount of nonresidential floor area and the total ground coverage for final plan approval and as proposed under the preliminary plan approval.
A public hearing shall not be held on an application for final approval of a plan when said plan as submitted for final approval, is in substantial compliance with the approved preliminary plan. The burden shall nevertheless be upon the applicant to show the planning board good cause for any variation between the approved preliminary plan and the plan as submitted for final approval. In the event a public hearing is not required for final approval, and the application for final approval has been filed, together with all drawings, specifications, and other documents in support thereof, and as required by the resolution of preliminary approval, the planning board shall, within 45 days after acceptance of the application, grant such plan final approval. In the event the plan as submitted, contains variations from approved preliminary plan but remains in substantial compliance with the plan as submitted for preliminary approval, the planning board may, after a meeting with the applicant, refuse to grant final approval and shall within 45 days from the filing of the application for final approval, so advise the applicant in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of said refusal the applicant may:
a. 
File his application for final approval without the variations objected to by the planning board on or before the last day of the time within which he was authorized by the resolution granting preliminary approval to file for final approval, or within 30 days from the date he received notice of said refusal, whichever date shall last occur.
b. 
Treat the refusal as a denial of final approval and so notify the planning board.
In the event the plan as submitted for final approval is not in substantial compliance with the plan as given preliminary approval, the planning board shall, within 45 days of the date of the application for final approval is filed, so notify the landowner in writing, setting forth the particular ways in which the plan is not in substantial compliance. The landowner may:
a. 
Treat the notification as a denial of final approval.
b. 
Refile his plan in a form which is in substantial compliance with the plan as preliminarily approved.
c. 
File a written request with the planning board that it hold a public hearing on his application for final approval. If the landowner shall elect either alternative b or c above, he may refile his plan or file a request for a public hearing, as the case may be, on or before the last day of the time within which he was authorized by the resolution granting preliminary approval to file for final approval, or 30 days from the date he receives notice of said refusal, whichever date shall last occur.
Any such public hearing shall be held within 30 days after request for the hearing is made by the landowner, and notice thereof shall be given and the hearings shall be conducted in the manner prescribed by law. Within 45 days after the conclusion of the hearing, the planning board shall by resolution, either grant final approval to the plan or deny final approval to the plan. The grant or denial of final plan approval, in cases arising under this paragraph, be in the form and contain the findings required for a resolution of the application for preliminary approval as set forth in this chapter.
In the event the planning board fails to act, either by grant or denial of final approval of the plan within the time prescribed, the applicant may, after 20 days' written notice to the planning board, file a complaint in the Superior Court, Law Division, and upon showing the planning board has failed to act either within the time prescribed, or subsequent to the receipt of the written notice provided for and that the applicant has complied with the procedures set forth, the plan shall be deemed to have been finally approved and the courts shall, upon a summary proceeding, enter an order directing the County Clerk to record the plan as submitted for final approval without the approval of the planning board. A plan so recorded shall have the same force and effect as though that plan has been given final approval by the planning board.
A plan, or any part thereof, which has been given final approval by the planning board shall be so certified without delay by the clerk of the Township of East Windsor and shall be filed on record forthwith in the office of the County Clerk before any development shall take place in accordance therewith. Pending completion within five years of the planned development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said plan, or part thereof, as finally approved, shall be made nor shall it be impaired by act of the township, except with the consent of the landowner.
A final plan, or any part thereof, which has been given final approval by the planning board and all other required agreements, covenants, deed restrictions, etc., as specified in the planning board resolution shall be filed by the applicant with the clerk of the County of Mercer within 90 days from the date of such approval. If a final plan is not filed within this period, final plan approval shall expire.
In the event that a plan, or a section thereof, is given final approval and thereafter the applicant shall abandon said plan or the section thereof that has been finally approved, and shall so notify the planning board in writing; or, in the event the applicant shall fail to commence the planned development within 18 months after final approval has been granted, then and in that event such final approval shall terminate and be deemed null and void unless such time period is extended by the planning board upon written application of the applicant.
Following approval of development plans, the issuance of permits and substantial progress in the completion of 25 percent of the controlled density units thereof, measured as a percentage of the acreage or 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 advantages 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 petition to be reasonable and valid, may consider the redesign in whole or in part of any planned development district, and shall follow in full the procedure and conditions herein required for original submittal and review.
The final plan shall delineate and dimension the common open space and shall designate the name of the person responsible for the maintenance thereof. The documents creating responsibility for such maintenance shall be approved by the planning board and filed with the township assessor and the Mercer County Clerk.
The landowner shall provide for and establish an organization for the ownership and maintenance of any common recreation areas and open space and such organization shall not be dissolved nor shall it dispose of any of same by sale or otherwise (except to an organization conceived and established to own and maintain the common recreation areas and development open space) without the written consent and approval of the governing body of the Township of East Windsor.
In the event that the landowner or any successor landowner shall, at any time after the establishment of the planned development, fail to maintain any open space or recreation area in a reasonable order and condition in accordance with the plan, the Township of East Windsor may serve written notice upon such landowner setting forth the manner in which the landowner has failed to maintain said areas in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall set the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing the township may modify the terms of the original notice as to the deficiencies and may give an extension of time not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in modifications thereof shall not be cured within said 30 days or in any extension thereof, the township, in order to preserve the taxable values of the properties within the planned development and to prevent such areas from becoming a public nuisance, may enter and maintain the same for a period of one year. The entry and said maintenance shall not vest in the public any rights to use the open space and recreation areas except as specified herein.
Before the expiration of said year the township shall, upon its initiative or upon the request of the landowner theretofore responsible for the maintenance of the areas, call a public hearing upon notice to such landowner to be held by the township at which hearing such landowner shall show cause why such maintenance by the municipality shall not, at the election of the township, continue for a succeeding year. If the township shall determine that such organization is ready and able to maintain said open space and recreation areas in reasonable condition, the township shall cease to maintain the open space and recreational areas at the end of said year. If the township shall determine such organization is not ready and able to maintain said open space and recreation areas in reasonable condition, the township may in its discretion, continue to maintain the open space and recreation areas during the next succeeding year and subject to a similar hearing a determination in each year thereafter. The decision of the township in any such case shall constitute a final administrative decision subject to judicial review.
The cost of such maintenance by the township shall be assessed ratably against the planned development, and shall become a tax lien on the property. The township, at the time of entering upon said open space and/or recreation areas for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the planned development.
An application for preliminary plan approval of a planned development shall require a public hearing on the matter. When a hearing date has been set by the planning board, the applicant shall notify, by registered or certified mail, at least five days prior to the hearing, all property owners within 500 feet of the extreme limits of the proposed planned development area, and shall publish a notice in the official newspaper of the township. The notice shall state the date, time, and place of hearing, a brief description of the proposed development, and that a copy of the proposed plan for planned development has been filed with the township clerk for public inspection. The applicant shall furnish proof of notification to the planning board at the time of the hearing.
Furthermore, if any portion of the proposed planned development is within 500 feet of an adjoining municipality or when required for submission to the County Planning Board, the applicant shall give notice to the clerk of the adjoining municipality or the County Planning Board within ten days prior to any hearing. The notice shall contain a brief description of the property involved, its location, a concise statement of the matters to be heard and the date, time and place of such hearing.
In accordance with N.J.S.A. 40:55D-12, upon receipt of an application for preliminary plan approval for a planned development, the planning board shall forward one copy of the plan and the application to the Division of State and Regional Planning in the Department of Community Affairs prior to the public hearing.
Before final approval of a planned development, the township shall require in accordance with the design standards set forth in the Land Subdivision Ordinance, the furnishing of a performance guarantee for all or any of the following improvements it may deem to be necessary or appropriate: street grading, pavement, curbs, sidewalks, fire hydrants and boxes, street signs, street lighting, landscaping and/or berming, shade trees, surveyor's monuments, water mains, culverts, bridges, storm sewers, sanitary sewers, drainage facilities or structures, common open space elements, and other improvements as the planning board may require or deem necessary in the public interest.
All improvements specified by this chapter or required by the planning board shall require the posting of a performance guarantee to assure the installation of the required improvements prior to approval of any final plan.
Such performance guarantee shall be in the form of a developer's agreement specifying the obligation and responsibilities of the applicant in the installation of any and all improvements and a performance bond which shall be issued by a bonding or surety company approved by the township, 90 percent by bond and ten percent by cash or certified check.
The performance guarantee shall be in the amount determined by the township engineer and shall be approved by the township attorney as to form and execution. Upon recommendation of the township engineer the amount of any performance guarantee may be reduced by the township council resolution when portions of the improvements have been completed and the time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the township council by resolution.
When all of the necessary and appropriate improvements have been completed the obligor shall notify the township council in writing, by certified check or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the township engineer and, where applicable, to the homeowners association and each member of its board of directors, or in the case of a residential development without a homeowners association, to each property owner within the development, by certified mail. The governing body shall direct and authorize the township engineer to inspect all of the aforesaid improvements. The township engineer shall within 45 days after receipt of the obligor's request, file a report, in writing with the governing body, which report shall be detailed and shall indicate either approval, partial approval, or rejection. Where said report indicates partial approval of said improvements, it shall indicate the cost of the improvements for which approval is rejected or withheld.
A copy of the engineer's report shall simultaneously be sent to obligor.
The township council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the township engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the township engineer and appended to the performance guarantee.
This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the township engineer. If any portion of the improvements shall not be approved or shall be rejected by the township governing body, the obligor shall cause the same to be completed, and upon completion, the same procedure of notification, as outlined herein, shall be followed.
If the township engineer fails to send or provide the list and report as requested by the obligor pursuant to this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the township engineer to provide a list and report within the stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
If the governing body fails to approve or reject the improvements determined by the township engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the township engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within the stated time, approval of the complete and satisfactory improvements and approval of the reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the township engineer and appended to the performance guarantee, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
Nothing herein, however, shall be construed in limitation of the obligor's right to contest or question, by legal proceeding or otherwise, any determination of the township council or the township engineer.
The obligor shall be responsible for all of the inspection fees of the township engineer incurred in making the foregoing inspections.
Nothing herein shall affect the obligation of any person relating to the posting of appropriate maintenance bonds as provided in this section.
In accordance with N.J.S.A. 40:55D-53, as amended, the Township of East Windsor shall require the posting of a maintenance guarantee for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15 percent of the cost of the improvement or of the original installation, as determined by the township engineer.
The applicant shall be required to establish one or more escrow accounts with the Township of East Windsor for each application stage.
Upon receipt of an application for a schematic development plan and for preliminary plan approval and final plan approval, the clerk of the planning board shall send a copy of the application and a set of all maps and reports to the township engineer, planning consultant and planning board attorney. Within ten days of receipt the township engineer, planning consultant and planning board attorney shall submit to the planning board secretary an estimate of funds sufficient in amount to undertake a technical review and report of its findings and the basis for such charges which shall be then submitted for approval by the planning board. If the planning board or any of the reviewing bodies set forth in subsection 19A-4.11, shall require professional service in connection with its review, such body shall within ten days of its determination that professional services are required, submit to the planning board secretary an estimate of the funds required in that connection and the basis for such charges.
In the event of any conveyance or transfer of any property within a planned development or planned unit development, the planning board shall be given notice of such intended conveyance or transfer prior to any actual transference thereof. Such notice shall be accompanied by the following information:
a. 
A precise description of the interest being transferred.
b. 
The obligations to be assumed by the transferee.
c. 
A copy of any agreement entered into between the transferor and the transferee.
d. 
An agreement that the transferee agrees to be bound by all of the applicable provisions of prior planning board approvals.
e. 
Such other information as may be required.
The planning board, following receipt of such notice and supporting information, shall consider the effect of the proposed conveyance or transfer on the completion and implementation of any terms, conditions, and obligations imposed pursuant to the approvals granted by the planning board and may require such additional assurances as it shall deem necessary to protect the public interest and the integrity of the approved planned residential development plan.
The terms, conditions, and obligations of any planning board approvals shall be binding on the original developer, their successors and assigns, provided, that no obligation, term or condition may be assigned without the prior written consent of the planning board.
Any developer wishing to obtain preliminary approval for the construction of a planned development may submit an alternative application under which the developer proposes separate development of an industrial-commercial area in the Turnpike-Commercial or Industrial Office zones. Such area shall be:
a. 
Comparable in size to the area required for industrial and major commercial development in the planned development requirements; and
b. 
Comparable as to intensity of development with the planned development requirements; and
c. 
Developed simultaneously with or in advance of development, or any stage thereof in the planned development.
In the event that such a proposal is made and found to be feasible and in the public interest by the planning board, the board may relieve the developer of the planned development requirements relating to industrial and major commercial development on the planned development site.
The board may then reduce the required minimum acreage of the planned development site by a number of acres corresponding to amount of acreage to be developed in the Turnpike Commercial or Industrial Office zones.
In the event that any alternative proposal by the developer calls for industrial and major commercial development in the Turnpike Commercial or Industrial Office zones in excess of the requirements for area and intensity of use established for the planned development zone, the planning board may then increase the acreage of residential development allowable by an amount equivalent to the additional acreage beyond the required minimum as proposed for industrial and major commercial developments in the developer's alternative proposal.
The residential development of any increased area shall be at a density not to exceed by more than 20 percent the overall acreage density of the planned development as a whole.