East Brunswick City Zoning Code
ARTICLE X
A Regulations for Planned Unit Residential Developments
§ 228-118.1 Authority for provisions on planned unit residential developments; purpose.
[Added 5-9-77 by Ord. No. 77-264-B; amended 12-11-89 by Ord. No. 89-82]
A.
Authority. § 228-118.1 through § 228-118.12 are adopted pursuant to N.J.R.S. 40:55D-39.
B.
Purpose and intent. In order for the Township of East Brunswick to meet its responsibility to protect and defend its natural resources, ecological systems, open spaces, natural beauty and the value of the property within the Township, while at the same time recognizing the increased urbanization occurring within its boundaries and attempting to meet its responsibilities to bear its fair share of the region's need to provide for the construction of housing; and the Township, having studied and analyzed its environmental and natural resources and the potential hazards to those resources in anticipation of future development and having undertaken such studies as major steps in creating long-range plans directed toward the accommodation of housing and other development, while avoiding environmental degradation and its attendant threats to public health and safety; the Township Council of the Township of East Brunswick hereby declares it to be in the general interest of the health, safety and welfare of the inhabitants of the Township of East Brunswick and in harmony with the objectives of this chapter and the Township's adopted Master Plan to permit greater flexibility in design, layout and construction in housing development than heretofore permitted, so as to encourage retention and preservation of woodlands, surface water, swamps, aquifers, aquifer recharge areas, poorly drained soils, floodplains and other open space land for aesthetic and scenic beauty, passive recreation, rejuvenation of resources and preservation of the ecological systems of the Township; and to encourage innovations in design and reflect changes in land development technology and to provide for necessary education and recreational facilities conveniently located to such housing; and, in such zones where applicable, to provide for necessary commercial facilities and services; to ensure compatibility among various land uses; to conserve the value of the land; to encourage more efficient use of land and of public services; to encourage better transportation of people; to prevent strip commercial development; and to preserve the residential integrity of the area.
§ 228-118.2 Planned unit residential development option zone.
[Added 5-9-77 by Ord. No. 77-264-B]
The Planned Unit Residential Development (PURD) Option Zone includes the land described in Schedule A annexed hereto, notwithstanding the fact that the boundaries are not shown on the Zoning Maps.
§ 228-118.3 Standards for planned unit residential developments.
[Added 5-9-77 by Ord. No. 77-264-B: amended 7-9-84 by Ord. No. 84-581; 10-19-98 by Ord. No. 98-26; 12-13-99 by Ord. No. 99-47; 3-12-01 by Ord. No. 01-13; 11-28-16 by Ord. 16-20]
All existing planned unit residential development developed as of January 1, 2017 under this chapter shall take place upon tracts of land having a minimum of forty (40) contiguous acres having sufficient access to an existing improved street, except the Village Green Three A and MXD/R (Mixed Use Development/Residential) which shall take place upon tracts of land having a minimum of twenty-five (25) contiguous acres having sufficient access to an existing improved street. In the Town Green Zone for commercial and mixed use developments, the minimum tract of land shall be fifteen (15) contiguous acres, having sufficient access to an improved street. In the Village Green One zone a minimum of six (6) acres is required for a planned unit residential development.
As of January 1, 2017 development of planned unit residential development shall take place in the Village Green II zone on a minimum tract size of seven (7) acres with a gross density of nine (9) units per acre which shall include twenty (20%) percent affordable units as defined in Chapter 132 and in the Affordable Housing Compliance Plan.
As of January 1, 2017 development of planned unit residential development shall take place in the Town Green zone on a minimum tract size of 10 acres with a gross density of twelve (12) units per acre which shall include twenty (20%) percent affordable units as defined in Chapter 132 and in the Affordable Housing Compliance Plan.
§ 228-118.4 Density limitations and affordable housing requirements for planned unit residential developments.
[Added 5-9-77 by Ord. No. 77-264-B; amended 3-8-99 by Ord. No. 99-11; 12-13-99 by Ord. No. 99-47; 3-12-01 by Ord. No. 01-13; 3-6-17 by Ord. No. 17-13]
A.
The gross density per acre for a planned unit residential development, which shall include twenty (20%) percent affordable units as defined in § 132-70 shall be as follows:
[Amended 12-13-99 by Ord. No. 99-47]
(1)
Village Green Two: six (6) dwelling units per acre for developments existing as of January 1, 2017. As of January 1, 2017 nine (9) dwelling units per acre.
[Amended 2-14-83 by Ord. No. 83-496; 12-13-99 by Ord. No. 99-47; 3-6-17 by Ord. No. 17-13]
(2)
Village Green Three and Village Green Three A: eight (8) dwelling units per acre.
[Amended 9-11-78 by Ord. No. 78-52]
(3)
Town Green: twelve (12) dwelling units per acre.
(4)
Mixed Use Development/Residential: Nineteen (19) dwelling units per acre.
[Added 7-9-84 by Ord. No. 84-581]
B.
Affordable housing requirements.
[Amended 2-14-83 by Ord. No. 83-496; 12-13-99 by Ord. No. 99-47; 3-6-17 by Ord. No. 17-13]
(1)
The developer shall utilize uniform architectural and landscape plans for all units in the PURD with no reduction or substantial change for moderate-or-low-income units.
[Amended 12-13-99 by Ord. No. 99-47]
(2)
The developer shall build the affordable units in a scatter site fashion throughout the development. For purposes of this section, scatter site shall mean that no more than two low or moderate-income units shall be adjacent or attached to one another.
[Amended 12-13-99 by Ord. No. 99-47]
(3)
For the purpose of this section, low or moderate-income housing shall include very low, low and moderate income housing provided consistent with N.J.A.C. 5:80-26.1 et seq., and the Township's affordable housing regulations, whichever is the more restrictive, and may include housing or mortgage financing which is provided pursuant to any federal, state or private subsidy program whose object is to provide low-and moderate-income housing. The foregoing shall not preclude a developer from compliance with the provision by any other means, provided that such alternate means shall provide low-and moderate-income housing upon terms and conditions substantially equivalent to those available through any of the foregoing methods. The developer shall submit to the municipal agency for its approval, in writing, a plan by which such low-and moderate-income housing shall be provided by the developer and maintained as such low-and moderate-income housing thereafter.
C.
The gross density per acre for a planned unit residential development in the Village Green One zone shall be three dwelling units per acre. The gross density for all other permitted residential development shall be two dwelling units per acre.
[Added 3-12-01 by Ord. No. 01-13]
§ 228-118.5 Deleted.
[12-13-99 by Ord. No. 99-47]
§ 228-118.6 Open spaces and common recreation lands for planned unit residential developments.
[Added 5-9-77 by Ord. No. 77-264B; amended 2-27-89 by Ord. No. 89-995; 3-12-01 by Ord. No. 01-13]
Not less than twenty-five percent (25%) of the total land area of any planned unit residential development shall be designated for open space or common recreation lands. Such designated open space shall consist of land in a natural state or land developed for specific recreational purposes and shall be specified as to its intended use, including areas for wildlife preservation. Parcel size shall be a minimum of five (5) contiguous acres, which may be irregularly shaped. This five acre minimum shall not apply to planned unit residential developments of less than fifteen (15) acres. Such designated open space shall not include yard areas of lots in private individual ownership, land area within the right-of-way of public or private street and buildings wherein the principal use of such lands is to provide pedestrian access to and from buildings. Such open space may be deeded to the Township or dedicated to a homeowners' association or trust, which incorporation and bylaws shall be approved by the Planning Board, subject to but not limited to the provisions of Article VI of Chapter 192, Design Guidelines and Standards (Cluster Subdivision), and Article VII of Chapter 228, Zoning (Cluster Zoning). In no event shall title to open space be conveyed by the developer prior to the posting of maintenance guaranties.
§ 228-118.7 Standard for residences in planned unit residential developments and mixed use development/residential.
[Added 5-9-77 by Ord. No. 77-264-B: amended 7-9-84 by Ord. No. 84-581; 5-24-90 by Ord. No. 90-16; 10-19-98 by Ord. No. 98-26; 1-25-99 by Ord. No. 99-5]
The following standards shall apply:
A.
Single-family cluster, detached:
(1)
The architectural character of each dwelling unit shall be compatible in style, size, color and materials with all proposed dwelling units in the same neighborhood surrounding the unit.
(2)
Height shall be limited to thirty-five (35) feet.
[Amended 1-25-99 by Ord. No. 99-5]
(3)
Minimum lot size shall be three thousand two hundred (3,200) square feet.
(4)
Minimum front setback: twenty-five (25) feet.
[Amended 5-24-82 by Ord. No. 82-460; 1-25-99 by Ord. No. 99-5]
(5)
Minimum rear yard setback: 20 feet for principal buildings.
[Amended 1-25-99 by Ord. No. 99-5]
(6)
Side setbacks shall be 10 feet.
[Amended 1-25-99 by Ord. No. 99-5]
(7)
Notwithstanding anything otherwise depicted on the subdivision or site plan approved for any Planned Unit Residential Development, the front yard and side yard setbacks for each lot in such a development shall be established as the existing building line for each unit. The rear yard setback shall be the existing building line, however, decks and patios may be placed in the rear yard if they shall not reduce the existing rear yard by more than 50%. At developments where there is a homeowners' association, the association shall first approve any deck or patio before a building permit is filed.
[Added 9-28-81 by Ord. No. 81-399; amended 5-14-90 by Ord. No. 90-16]
B.
Single-family cluster, attached.
(1)
The architectural character of each dwelling unit must be compatible in style, size, color and materials with proposed dwelling units in the same neighborhood surrounding the unit.
(2)
Height shall be limited to twenty-five (25) feet.
(3)
Minimum lot size shall be three thousand two hundred (3,200) square feet.
(4)
Minimum setback for all structures from any street, public or private or from any common parking area shall be 10 feet. Minimum setback for all structures from any collector or arterial street, as defined elsewhere in this chapter, shall be fifty (50) feet.
(5)
Parking requirements shall be two and twenty-five one hundredths (2.25) spaces per dwelling unit, except for senior citizen housing which may be reduced by the Planning Board to not less than five-tenths (0.5) spaces per unit. Parking may be reduced by the Planning Board to average not less than one and five-tenths (1.5) spaces per dwelling unit for low and moderate income housing.
[Amended 7-9-84 by Ord. No. 84-581]
(6)
Units shall be attached in such a manner as to provide maximum safety and privacy for adjoining units.
(7)
All units shall be provided with an exterior private enclosed or semi-enclosed space in the rear yard. The enclosures shall be composed of materials compatible in style and color with the unit and shall be no greater than six (6') feet in height. All enclosures shall be of the same height throughout a single development section. All units shall be provided with storage units which shall be physically attached to and architecturally compatible with the principal structure or shall be located with the private exterior enclosed or semi-enclosed space and are to extend no higher than the enclosure structure and are to be screened from view.
[Added 5-12-80 by Ord. No. 80-250; amended 5-25-81 by Ord. No. 81-353].
(8)
Notwithstanding anything otherwise depicted on the subdivision or site plan approved for any Planned Unit Residential Development, the front yard, side yard and rear yard setbacks for each lot in such a development shall be established by the location of the structures approved on the preliminary subdivision or site plan for each particular development. Such setbacks shall coincide with the approved locations of the principal structures in the development, and no development shall take place within the front yard, side yard or rear yard setbacks as defined herein.
[Added 9-28-81 by Ord. No. 81-399]
(9)
Distance between buildings including all projections:
(a)
Where both facing walls contain windows of habitable rooms: 40 feet but not less than two times the eave height of the highest habitable room.
(b)
Where only one of two facing walls contains windows of habitable rooms: 25 feet but not less than the eave height of the highest building.
(c)
Where neither of two facing wall contains windows of habitable rooms: 20 feet or the eave height of the highest building, whichever is greater.
Buildings shall be considered facing if the walls form an angle of less than forty-five degrees.
C.
Patio houses:
(1)
The architectural character of each dwelling unit must be compatible in style, size, color and materials with proposed dwelling units in the same neighborhood surrounding the unit.
(2)
Height shall be limited to twenty-five (25) feet.
(3)
Minimum lot size shall be three thousand two hundred (3,200) square feet.
(4)
Minimum setback for all structures from any street, public or private or from any common parking area shall be 10 feet. Minimum setback for all structures from any collector or arterial street, as defined elsewhere in this chapter, shall be fifty (50) feet.
(5)
Parking requirements shall be two and twenty-five one hundredths (2.25) spaces per dwelling unit, except for senior citizen housing which may be reduced by the Planning Board to not less than five-tenths (0.5) spaces per unit. Parking may be reduced by the Planning Board to average not less than one and five-tenths (1.5) spaces per dwelling unit for low and moderate income housing.
[Amended 7-9-84 by Ord. No. 84-581]
(6)
Units shall be attached in such a manner as to provide maximum safety and privacy for adjoining units.
(7)
No more than four dwelling units shall be connected to form one structure.
(8)
Distance between buildings including all projections:
(a)
Where both facing walls contain windows of habitable rooms: 40 feet but not less than two times the eave height of the highest habitable room.
(b)
Where only one of two facing walls contains windows of habitable rooms: 25 feet but not less than the eave height of the highest building.
(c)
Where neither of two facing walls contain windows of habitable rooms: 20 feet or the eave height of the highest building, whichever is greater.
Buildings shall be considered facing if the walls form an angle of less than forty-five degrees.
(9)
Such patio area shall be not less than four hundred (400) square feet in size, having no single dimension of less than fifteen (15) feet, shall be completely clear of structures and shall be designed for the recreational use of the occupants of the dwelling unit. The patio may be at ground level or elevated and may be composed of any materials designed to create a patio surface or may be a wood deck area or other surface or structure or combination thereof, in whole or in part. Adequate visual screening from neighboring dwelling units, patios, adjacent parking areas and roadways shall be provided which may consist of plantings, masonry structures or wood fencing. Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling unit of which it is a part.
(10)
All units shall be provided with an exterior private enclosed or semi-enclosed space in the rear yard. The enclosures shall be composed of materials compatible in style and color with the unit and shall be no greater than six (6') feet in height. All enclosures shall be of the same height throughout a single development section.
All units shall be provided with storage units which shall be physically attached to and architecturally compatible with the principal structure or shall be located with the private exterior enclosed or semi-enclosed space and are to extend no higher than the enclosure structure and are to be screened from view.
[Added 5-12-80 by Ord. No. 80-250; amended 5-26-81 by Ord. No. 81-353].
(11)
Notwithstanding anything otherwise depicted on the subdivision or site plan approved for any Planned Unit Residential Development, the front yard, side yard and rear yard setbacks for each lot in such a development shall be established by the location of the structures approved on the preliminary subdivision or site plan for each particular development. Such setbacks shall coincide with the approved locations of the principal structures in the development, and no development shall take place within the front yard, side yard or rear yard setbacks as defined herein.
[Added 9-28-81 by Ord. No. 81-399].
D.
Townhouses.
(1)
The architectural character of each dwelling unit must be compatible in style, size, color and materials with proposed dwelling units in the same neighborhood surrounding the unit.
(2)
Height shall be limited to three stories or thirty-five (35) feet, whichever is less.
(3)
Minimum tract size shall be five (5) acres.
(4)
Minimum setback for all structures from any street, public or private, or from any common parking area shall be 10 feet. Minimum setback for all structures from any collector or arterial street, as defined elsewhere in this chapter shall be fifty (50) feet.
(5)
Parking requirements shall be two and twenty-five one hundredths (2.25) spaces per dwelling unit, except for senior citizen housing which may be reduced by the Planning Board to not less than five-tenths (0.5) spaces per unit. Parking may be reduced by the Planning Board to average not less than one and five-tenths (1.5) spaces per dwelling unit for low and moderate income housing.
[Amended 7-9-84 by Ord. No. 84-581]
(6)
Units shall be attached in such a manner as to provide maximum safety and privacy for adjoining units.
(7)
Not more than twelve (12) dwelling units in any single townhouse structure shall be constructed in a manner so as to form one linear plane. No more than 20 such units may be included in a structure having units constructed on more than one linear place.
(8)
Townhouse units attached on a single linear plane shall not exceed a length of three hundred (300) feet.
(9)
The front facades of at least forty percent (40%) of the number of units which are attached in a structure having a single linear plane shall be set back not less than 10 feet behind the facades of the remaining units in such structure.
(10)
The rooflines of at least thirty percent (30%) of the number of units which are attached in a structure having a single linear plane shall be staggered in height by not less than five percent (5%) of the height of the rooflines of the remaining units in such structure.
(11)
Distance between buildings including all projections:
(a)
Where both facing walls contain windows of habitable rooms: 40 feet but not less than two times the eave height of the highest habitable room.
(b)
Where only one of two facing walls contains windows of habitable rooms; 25 feet but not less than the eave height of the highest building.
(c)
Where neither of two facing wall contains windows of habitable rooms: 20 feet or the eave height of the highest building, whichever is greater.
Buildings shall be considered facing if the walls form an angle of less than forty-five degrees.
(12)
Where an outdoor living space is included for each or any particular unit, it shall be provided with adequate visual screening from all other neighboring dwelling units, outdoor living spaces, parking areas and roadways. Screening may be accomplished with plant materials, masonry structures or wood fencing. Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling unit.
(13)
All units shall be provided with an exterior private enclosed or semi-enclosed space in the rear yard. The enclosures shall be composed of materials compatible in style and color with the unit and shall be no greater than six (6') feet in height. All enclosures shall be of the same height throughout a single development section.
All units shall be provided with storage units which shall be physically attached to and architecturally compatible with the principal structure or shall be located with the private exterior enclosed or semi-enclosed space and are to extend no higher than the enclosure structure and are to be screened from view.
[Added 5-12-80 by Ord. No. 80-250; amended 5-26-81 by Ord. No. 81-353].
(14)
Notwithstanding anything otherwise depicted on the subdivision or site plan approved for any Planned Unit Residential Development, the front yard, side yard and rear yard setbacks for each lot in such a development shall be established by the location of the structures approved on the preliminary subdivision or site plan for each particular development. Such setbacks shall coincide with the approved locations of the principal structures in the development, and no development shall take place within the front yard, side yard or rear yard setbacks as defined herein.
[Added 9-28-81 by Ord. No. 81-399]
E.
Apartments (multifamily units)
(1)
Height shall be limited to three stories or thirty-five (35') feet, whichever is less.
(2)
Minimum tract size shall be four acres.
(3)
Minimum setback for all structures from any street, public or private, or any common parking area shall be ten (10') feet. Minimum setback for all structures from any collector or arterial street, as defined elsewhere in this chapter, shall be fifty (50') feet.
(4)
A maximum of 20 units shall be contained in any one structure.
(5)
Parking requirements shall be one and seventy-five one hundredths (1.75) spaces per dwelling unit, except for senior citizen housing for which parking requirements may be reduced by the Planning Board to not less than five-tenths (0.5) spaces per unit. Parking may be reduced by the Planning Board to average not less than one and five-tenths (1.5) per dwelling unit for low and moderate income housing.
[Amended 7-9-84 by Ord. No. 84-581]
(6)
Notwithstanding anything otherwise depicted on the subdivision or site plan approved for any Planned Unit Residential Development, the front yard, side yard and rear yard setbacks for each lot in such a development shall be established by the location of the structures approved on the preliminary subdivision or site plan for each particular development. Such setbacks shall coincide with the approved locations of the principal structures in the development, and no development shall take place within the front yard, side yard or rear yard setbacks as defined herein.
[Added 9-28-81 by Ord. No. 81-399]
F.
Apartments in mixed use structures (applicable to Town Green Zone only):
(1)
Height shall not exceed thirty-five (35) feet or three stories for the total structure.
(2)
Parking requirements shall be one and seventy-five one hundredths (1.75) spaces per dwelling unit, except for senior citizen housing for which parking requirements may be reduced by the Planning Board is not less than five-tenths (0.5) spaces per unit.
(4)
Residential uses shall not be located on the first floor.
G.
Nonresidential uses and mixed uses (applicable to Town Green Zone only):
A mixed use development which may contain a shopping center of multiple retail and service establishments in accordance with the following standards:
[Added 10-19-98 by Ord. No. 98-26]
(1)
The setback for all structures from Cranbury Road, Ryders Lane and Rues Lane shall be fifty (50') feet.
(2)
The front setback for all principal buildings from interior streets shall be thirty (30') feet.
(3)
The minimum distance between all buildings, side to side, shall be ten (10') feet.
(4)
The minimum distance between all buildings, rear to rear, shall be twenty (20') feet.
(5)
When the development proposes buildings to be situated side to front, or rear to side, or front to rear, the aggregate setback between structures shall be thirty (30') feet.
(6)
The total maximum lot coverage for buildings, structures, parking areas and loading areas, drives, walkways and other impervious surfaces shall not exceed sixty-five (65%) percent of the total lot area.
(7)
No less than thirty-five (35%) percent of the site shall be designated to usable open space for the purposes of landscaped courtyards, walkways, sitting areas, planted buffers, ornamental gardens and special water features and other site amenities.
(8)
The sixty-five (65%) percent impervious coverage may be increased by one (1%) for the provision of each of the following amenities provided up to a maximum of seventy (70%):
(9)
The mixed use center shall be residential in scale. Residential style roofs are preferred. No flat roofs shall be permitted.
(10)
The mixed use center described herein shall be of a village cluster type layout not a linear strip center. It shall consist of multiple buildings and maximize the use of a unified design theme or integrated architectural design, high quality building materials, including but not limited to ornamental lighting, architectural planters, brick and other special paving materials, water features, landscaped internal pedestrian courtyards, sitting areas, alleyways and other site amenities. All facades and signage shall have architectural treatment consistent with the selected design theme. All materials and design concepts are subject to the review and approval of the Planning Board.
(11)
Landscape buffer, twenty (20') feet in width along Cranbury Road, Ryders Lane and Rues Lane, including shade trees, earth berms and landscaping. Street trees, planted thirty (30') feet on center, are required on all internal streets.
(12)
Maximum height of buildings shall be thirty-five (35') feet.
(13)
Notwithstanding anything otherwise depicted on the subdivision or site plan approved for any Planned Unit Residential Development, the front yard, side yard and rear yard setbacks for each lot in such a development shall be established by the location of the structures approved on the preliminary subdivision or site plan for each particular development. Such setbacks shall coincide with the approved locations of the principal structures in the development, and no development shall take place within the front yard, side yard or rear yard setbacks as defined herein.
[Added 9-28-81 by Ord. No. 81-399]
§ 228-118.8 Public facilities and improvements in planned unit residential developments.
[Added 5-9-77 by Ord. No. 77-264-B; 5-14-90 by Ord. No. 90-16; 11-12-91 by Ord. No. 91-109]
A.
Parcel size and location of public facilities shall be substantially in accordance with guidelines established in the Township Comprehensive Master Plan; provided, however, that upon due cause shown the Planning Board may vary the location of same from the location of same from the location shown in the Master Plan.
B.
If a development provides centrally located mailboxes it shall also provide a secure area where packages and other large items are to be delivered.
§ 228-118.9 Facilities for pedestrians, bicyclists and vehicles in planned unit residential developments.
[Added 5-9-77 by Ord. No. 77-264-B; 11-12-91 by Ord. No. 91-109]
A.
Pedestrian sidewalks shall be provided in such locations, including entrances and exits, where normal pedestrian traffic will occur. Where appropriate, bikeways may be provided instead of sidewalks. Provision of bikeways along streets shall be made upon determination and requirement by the Planning Board and the Master Plan where applicable.
B.
Access to off-street parking areas shall not be through entrances directly abutting streets, but shall be connected to streets by means of access driveways situated between the parking areas and adjacent streets, not less than fifteen (15) feet long.
C.
No off-street parking lot shall contain more than fifty (50) spaces. The distance between parking lots and dwelling units shall be a minimum of (10) feet.
D.
Bike racks shall be provided outside public and commercial buildings.
§ 228-118.10 Deleted.
[11-12-91 by Ord. No. 91-109]
§ 228-118.11 Required landscaping and recreation facilities for planned unit residential development.
[Added 5-9-77 by Ord. No. 77-264-B; amended 11-12-91 by Ord. No. 91-109]
A strip of land fifty (50) feet wide shall be reserved for a landscaped buffer between any new development of townhouses or multi-family units pursuant to this chapter and any single-family detached residential dwellings existing as of the time when such new development is commenced. Such buffer area shall be planted by the developer with a mixture of deciduous and coniferous plant material at a minimum height of four feet and maintained at a height of a minimum of six (6) feet. An earth berm of a minimum of three feet in height may be installed in such a fifty-foot landscaped buffer area, in which case the height of the plant materials may be revised as approved by the Planning Board at the time of final site plan approval.
§ 228-118.12 Timing for development of planned unit residential developments.
[Added 5-9-77 by Ord. No. 77-264-B]
A.
The number of dwelling units and square footage of nonresidential uses which may be constructed by the developer during any year may be regulated by the Planning Board at a rate which would not create excessive demands on any municipal facility or services available to serve the area proposed for development. Such development as may be allowed pursuant hereto shall be controlled by means of the issuance of building permits at a rate allowed by the Planning Board at the time of preliminary approval, based upon the projected development.
B.
The time of development, including the type and number of residential uses, number and type of nonresidential uses, public and semipublic facilities and required utilities and services, shall be established by the developer and by resolution of the Township Planning Board and approved by the Planning Board at the time when preliminary approval is granted.