[Ord. 1983-47; Ord. 1986-8; Ord. 1991-9; Ord. 1995-8]
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 20-5.16.1a 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 — 20-5.16.7, 20-30 — 20-30.3,
20-32.. 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 — 20-17.3.7).
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.
[Ord. 1983-47; Ord. 1989-2; Ord. 1991-9; ; Ord. 1991-24; Ord. 1992-35; Ord. 1998-14; Ord. 2000-5; Ord. 2000-7; Ord. 2006-4]
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:
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:
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.
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.
APPLICATION FOR DEVELOPMENT
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.
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.
[Ord. 1983-47; Ord. 1991-9; Ord. 1995-8]
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.
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.
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:
[Ord. 1983-47; Ord. 1990-30; Ord. 1991-9; Ord. 1997-5]
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 Subsection
20-31.2.2.
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 Subsection 20-31.3.3. 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.
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 Subsection 20-31.4.4. 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.
