A.
General. All existing businesses and proposed new developments which meet the criteria established in Subsection B or C herein shall be subject to the requirements of this chapter, with the exception of the following specific uses:
(1)
Eating and drinking establishments.
(2)
Retail businesses.
(3)
Grocery stores.
(4)
Furniture and appliance stores.
(5)
Shopping centers.
(6)
Hotels.
(7)
Security services.
(8)
Other similar uses where it can be demonstrated that the nature of the business is such that workers do not regularly report to or depart from work during morning and afternoon rush hours.
B.
Existing businesses. All existing businesses which are not exempted uses in accordance with Subsection A and which meet both of the criteria established herein shall comply with the requirements of this chapter:
C.
Proposed new developments.
(1)
All proposed new developments which are not exempted uses in accordance with Subsection A and which meet the criteria established herein shall comply with the requirements of this chapter:
(a)
Residential developments. Residential developments of 20 or more units which have not received preliminary subdivision or site plan approval prior to the effective date of this chapter.
(b)
Nonresidential developments. Nonresidential buildings of 15,000 square feet or more of gross building area and all complexes as defined herein which have not received preliminary site plan approval prior to the effective date of this chapter.
(c)
Planned developments. Planned developments, as defined in the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975,[1] which have not received preliminary site plan approval for the entire tract which comprises the planned development prior to the effective date of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
For purposes of calculating traffic reduction goals applicable to remaining sections of a planned development which have not yet received site plan approval, the number of dwelling units and square footage of nonresidential space located in sections which have received prior site plan approval shall be considered.
(3)
Traffic reduction measures necessary to meet the resulting traffic reduction goals can either be incorporated in plans submitted for the proposed sections alone or can be addressed through a combination of modifications to previously approved plans and proposed plans for the new section. Modifications which are designed to meet traffic reduction goals in a section of a planned development which has received prior site plan approval shall not in and of themselves be deemed to be a substantial amendment to the plan which would require an amended application for approval and subsequent hearing.
(4)
The submission of modifications to a previously approved plan in order to meet traffic reduction goals shall in no way deprive a developer of any rights which may have vested pursuant to prior approvals.