Authority. This Article is adopted pursuant to N.J.R.S. 40:55D 39 et seq.

Purpose and intent. In order for the Township of East Brunswick to encourage innovation in design and reflect changes in land development technology and to provide for necessary commercial facilities and services; to ensure compatibility among land uses; to conserve the value of land; to encourage more efficient use of land and of public services; to encourage better transportation of people; to prevent strip commercial development; and to preserve the residential integrity of adjacent areas, the Township Council of the Township of East Brunswick hereby declares it to be in the general interest of the health, safety and welfare of the inhabitants of the Township of East Brunswick and in harmony with the objectives of this article and the Township's adopted Master Plan to permit greater flexibility in design, layout and construction in housing development and commercial development than heretofore.

Definition of MXD.

Standards for development. No mixed use development under this article shall take place except upon tracts of land having a minimum of 20 contiguous acres having sufficient access to existing improved streets; MXD Districts shall be located with available sanitary sewers, water lines, storm and surface drainage systems and other utility systems and installations in such a way that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development in the forms generally permitted under current zoning for the area.

Mixed use development may be approved only where an applicant agrees to provide at his cost either private facilities, utilities and/or services required by any appropriate public agencies having jurisdiction or any such facilities, utilities and/or services that are not available from the Township of East Brunswick, or otherwise service the particular development. An applicant shall make provisions to assure the satisfactory continuing operation of such facilities, utilities and/or services, permanently or until the same are available from public sources. An applicant shall also make provisions for, or shall make appropriate contributions for, any off site or off tract development as may be required by the mixed use development.

In the event that any subdivisions are required of properties in the Mixed Use Zone, applicants may apply for such subdivisions simultaneously with its application for development for the MXD property.

Food and food service establishments, including supermarkets, bakeries, candy and nut shops, restaurants, cafeterias, sandwich shops and snack bars.

Clothing and apparel establishments, including department stores, junior department stores, variety stores, ladies' wear, hosiery, millinery, children's wear, shoe stores, fur stores and men's and boys' wear.

Furniture and home furnishings, including garden shops and establishments selling lamps, appliances, floor coverings, china and glassware, paint and wallpaper and hardware.

General offices, including but not limited to:

Personal service and other retail establishments, including beauty shops, barbershops, watch repair, dry cleaning, travel agents, music and record shops, book and stationery stores, wine stores, card and gift shops, camera shops and similar types of stores compatible with a community type shopping center.

Multifamily residential structures and townhouses, including and encouraging a variety of housing types and styles. Total residential use shall not exceed fifty percent (50%) of the total allowable land coverage in an entire MXD development lot.

Motels and hotels, including meeting rooms and dining facilities in connection therewith.

Automobile parking area, lots or structures; public utility structures and facilities, other than those of an industrial character, such as repair and maintenance shops, storage facilities and bus terminals.

Professional schools and training institutes, postal facilities, etc.

Warehouse and distribution facilities.

Public and quasi public buildings.

Recreational facilities.

Deleted.

Mechanical amusement devices and mechanical amusement facilities as described in Chapter 135 of the Code of the Township of East Brunswick.

Sex clubs and massage parlors.

Limousine or livery service.

Storage yard for wreckers and damaged or disabled vehicles associated with a wrecker operation.

Attached and freestanding fast-food restaurants based upon the following standards:

Drive-thru facilities at attached and freestanding fast-food restaurants subject to the following standards:

Not more than twenty-five percent (25%) of the lot area of the MXD development shall be covered by buildings or structures.

No building shall exceed three stories or thirty-five (35) feet in height, whichever is less.

No aboveground structure shall be located within fifty (50) feet of any MXD site boundary line or within seventy-five (75) feet of the right-of-way line of any existing street or road, except for a major highway where the setback shall be one hundred (100) feet.

No parking area shall be located closer than 20 feet to an MXD site boundary line.

Where required, one off street loading space shall be provided for each twenty five thousand (25,000) square feet of gross floor space of building in the MXD development. Each such space shall be at least fifty (50) feet in depth and twelve (12) feet in width, exclusive of access platform or maneuvering area, to be utilized exclusively for the loading and unloading of merchandise.

Where any MXD development of a nonresidential use occurs at the boundary lines of the MXD zone line, a fifty foot landscaped buffer of deciduous and coniferous plant materials shall be installed at a minimum height of five (5) feet and maintained at a minimum height of not less than fifteen (15) feet to separate any contiguous residential zone or residential development. An earth berm of a minimum height of three feet may be constructed in which case the Planning Board may lessen its requirements for plant materials. The Planning Board may waive the requirements for buffering if equivalent screening is provided by parks or by topography or other natural conditions. Such a buffer area is required to shield adjacent residential areas from parking lot illumination, headlights and fumes and to diminish the visual encroachment of residential privacy and residential neighborhood characteristics. Buildings within two hundred (200) feet of residential zones shall not exceed thirty-five (35) feet in height and shall be appropriately faced with materials that will be compatible with the surrounding residential area.

Any part of the MXD development not used for structures, loading access ways, parking or pedestrian walks shall be landscaped with grass, trees and shrubs.

Off street parking. Parking shall be provided at the rate of spaces to be approved by the Planning Board as provided for in § 228-15 et seq.; except, however, that those standards may be modified by the Planning Board for office uses upon appropriate demonstration by the applicant that such standards would not be necessary. In no case, however, shall the Planning Board allow a modification to fewer than one space per six hundred (600) square feet of gross floor area.

Deleted.

Lot and setback requirements.

Townhouses.

Apartments (multifamily units).

Nothing contained in this section shall prohibit multiple uses in single structure.

Townhouses: twelve (12) dwelling units per acre net density for structures three stories or less.

Apartments (multifamily units): sixteen (16) dwelling units per acre net density for structures three stories or less.

Density for housing may be increased, provided that all new parking generated as a result of such new density is placed underground beneath the residential structures.

An equal amount of parking generated as a result of such new density is placed underground beneath the nonresidential structures (underneath the nonresidential structures).

If such density is increased, the height of residential structures of residential/nonresidential structures may be increased to sixty (60) feet of seven (7) stories, whichever is less.

Parcel size and location of public facilities shall be substantially in accordance with guidelines established in the Township Comprehensive Master Plan; provided, however, that upon due cause shown the Planning Board may vary the location of same from the location shown in the Master Plan.

All public utilities shall be installed in accordance with the Township development regulations; all MXD development shall be tied into approved and adequate public sanitary sewerage, water systems and storm water drainage systems.

Streets, roads, sidewalks and bikeways shall comply with the design standards set forth in the East Brunswick Subdivision Ordinance.

Editor's Note: See Ch. 192, Design Guidelines & Standards.

Refuse and refuse collection areas shall be provided and shall be located for the occupants' convenience. All such areas shall be screened either with an enclosed masonry structure of at least six (6) feet in height on three sides or with evergreens on at least two sides of the refuse and pickup area, planted at a height of at least four feet, with a maximum growth of at least six (6) feet in height. All plants shall be approved in accordance with the Landscape Ordinance of East Brunswick Township.

Editor's Note: See Ch. 192, Design Guidelines & Standards.

The site plan shall be accompanied by a traffic study prepared by a licensed professional engineer indicating the impact which the center will have on surrounding roads. It shall include the following elements:

The site plan shall be accompanied by a statement detailing economic, social and physical studies of the proposed development. The following should be included in such statement:

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.

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.

Bike racks shall be provided outside public and commercial buildings.

All development shall be in conformity with the Master Plan and shall account for all relevant environmental factors as outlined in the East Brunswick Natural Resources Inventory. Any proposal for development must be supported by appropriate soils documents, engineering information and other environmental data.

Building and other surface coverages shall be limited, to the extent possible, to the incorporation of increased building height up to the maximum permitted, the use of parking in or under buildings, reduction of excess pavement for roadways, the use of permeable surfaces for paving wherever possible and the utilization of open space areas for aquifer recharge. Nonpoint source pollutants shall be handled by use of drainage swales in combination with retention facilities, in an attempt to reduce the amount of potential pollutants entering into the aquifer. Such swales shall be seeded with appropriate vegetative materials satisfactory to the Planning Board to filter silt and other potential pollutants to the surface and underground water supply systems. Natural surface drainage structures shall be utilized wherever possible. All applications must be submitted to the Soil Conservation Service for review and recommendations. All such structures should be set back at least fifty (50) feet from any stream course or natural drainageway unless floodplain information indicates that there shall be a further setback. Swamp areas should not be developed but shall be included as open space areas. All trees over six (6) inches in caliper shall be shown on the development plans by methods approved by the Planning Board.

Visual impacts, including views and view interference, shadow effect and design compatibility with surrounding area.

The number of dwelling units and square footage of nonresidential uses which may be constructed by the developer during any year may be regulated by the Planning Board at a rate which would not create excessive demands on any municipal facility or services available to serve the area proposed for development. Such development as may be allowed pursuant hereto shall be controlled by means of the issuance of building permits at an annual rate fixed by the Planning Board at the time of preliminary approval, based upon the projected development.

The timing for development, including the type and number of residential uses, number and type of nonresidential uses, public and semipublic facilities and required utilities and services, shall be established by the developer subject to Planning Board approval at the time when preliminary approval is granted.

Application for preliminary approval. Application for approval for development in an MXD Zone shall be made by submitting the required number of copies for an application for development on the form provided by the Township, together with all of the supporting documents set forth below, which shall be considered an application for preliminary approval.

Application requirements. The application shall set forth the following:

Submission of application. Any landowner(s) shall file twenty-five (25) copies of the maps of the proposed development plan with the Secretary of the Planning Board.

Public hearing. Public hearing and consideration by the Planning Board shall be in accordance with Article VIII of the East Brunswick Land Use Procedures.

Editor's Note: See Ch. 132, Art. VIII.

Conduct of hearing. At the public hearing, the applicant shall present evidence as to its general character and substance; objectives and purposes to be served; adequacy and completeness of standards; satisfactory application of standards in specific details of design and organization of elements and plans; scale and scope; economic feasibility; time factors and sequential development potentials; conformity to comprehensive plans for Township development; traffic and circulation impact and provisions; an impact on the school system in terms of projected number of students and grade levels; a listing of amenities; and an analysis of the impact on the environment; and, to this end, factual evidence and expert opinion shall be submitted by the applicant in the form of such necessary maps, charts, reports, models and other tangible materials and in the form of sworn testimony, by experts such as landscape architects, architects, professional planners, engineers, economists and realtors, as will clearly state for the record the full nature and extent of the proposal.

Preliminary approval. Following the public hearing and within ninety five (95) days and based on the foregoing evidence, the Planning Board shall grant preliminary approval of the plan as submitted or grant preliminary approval subject to specific conditions not included in the plan as submitted or modified or deny preliminary approval to the plan, giving its reasons therefor.

Conclusions and granting or denial of plan. The granting or denial of preliminary approval shall be by written resolution, including but not limited to findings of fact and conclusions which may set forth in what respects the plan would or would not be in the public interest; in what respect the plan is or is not consistent with the statement of objectives of a mixed use development; the purpose, location and amount of the common open space in the mixed use development; the reliability of the proposals for maintenance and conservation of the common open space; the adequacy or inadequacy of the amount and purpose of the common open space, as related to the proposed density and type of development; the physical design of the plan and manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further amenities of light and air, recreation and visual enjoyment; and the relationship, beneficial or adverse, of the proposed mixed use development to the neighborhood in which it is proposed.

Implementation in sections or stages. As a condition to preliminary approval of the mixed use development plan, the Planning Board may require or permit the implementation of the plan in whole or in sections or stages under the sequence of actions determined as part of the Mixed Use Development District plan. Such sections or stages shall be substantially functionally self contained and self sustaining with regard to access, parking, utilities, open spaces and similar physical features and shall be capable of substantial occupancy, operation and maintenance upon completion of the construction and development; shall be properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the mixed use development district; and shall be provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require under conditions of ownership and maintenance and as will prevent damage or detriment to any completed section or stage to other sections or stages and to adjoining properties not in the mixed use development plan. Plans and specifications of such sections or stages are to be filed with the Planning Board and are to be of sufficient detail and at such a scale as to fully demonstrate the following:

Issuance of permits. Upon finding that the plans and specifications for the proposed development of the section or stage conform to the above conditions, the Planning Board shall so inform the administrative officers as are charged with the issuance of permits for the construction of utilities or structures that, upon presentation of requisite working drawings and specifications, covenants, performance bonds and other required guaranties and instruments, such permits may be issued. Upon substantial completion of any section or stage, and before proceeding with the review and approval of additional sections or stages, the Planning Board may require a report and review of the status, character and conditions of it and other previously completed sections or stages with regard to their compliance with the plans, specifications and estimates which formed the basis for their approval. Upon finding that such compliance has occurred, the applicant shall initiate proceedings for the review of the new section or stage.

Modifications or adjustments. As a further condition for approval of later sections or stages, the Board may require or permit adjustments or modifications in the conditions established in the approved Mixed Use Development District plan to compensate for differences between the estimates of record on previously approved and completed sections or stages, as required under Subsection H above, and the actual conditions prevailing on their completion. In this regard, consideration may be given to the balance of land uses established, consistency with the conditions of the Mixed Use Development District plan, extent of variance from the social and economic estimates on which previous approval may have been based, overall maximum and minimum requirements established elsewhere in this chapter and the effects of unforeseen changes, extreme conditions or unexpected advantages which may have resulted during the time of construction and development. On determining that such adjustments or modifications are reasonable, the Planning Board shall follow in full the procedure and conditions herein required for original submittal and review.

Application for final approval. Application for final approval may be for all the land included in a plan or, to the extent set forth in the preliminary approval, for a section thereof. The application shall include such drawings, specifications, covenants, easements, conditions and form of performance bond as set forth by written resolution of the municipal authority at the time of preliminary approval. A public hearing on an application for final approval of the plan, or part thereof, shall not be required, provided that the plan, or part thereof, submitted for final approval is in compliance with the plan theretofore given preliminary approval. A plan submitted for final approval shall be deemed to be in compliance with the plan previously given preliminary approval, provided that any modification by the landowner of the plan as preliminarily approved does not vary the proposed net residential density or intensity of use by more than five percent (5%), while still remaining within the number of units permitted under the maximum gross density; does not substantially relocate the common open space area; does not increase by more than ten percent (10%) the floor area proposed for nonresidential use; does not increase by more than five percent (5%) the total ground areas covered by buildings; nor involve a substantial change in the height of buildings. A public hearing shall not be held to consider modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary sewage. A public hearing shall not be held on an application for final approval of a plan when the plan, as submitted for final approval, is in substantial compliance with the plan as approval, is in substantial compliance with the plan as preliminarily approved. The burden shall, nevertheless, be on the landowner to show the Planning Board good cause for any variation between the plan as preliminarily approved and the plan as submitted for final approval. The Planning Board may permit the minimal deviations referred to above with regard to conditions of preliminary approval only if the applicant satisfies the Planning Board that such deviations were necessitated by a change of conditions beyond the control of the applicant since the date of preliminary approval. If such demonstration cannot be made by the applicant, he shall be required to submit another application for preliminary approval.

Final approval. Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the administrative officer or within such further time as may be consented to be the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval in accordance with N.J.R.S. 40:55D 50b.

Validity of final approval. A plan, or any part thereof, which has been given final approval by the Planning Board shall be so certified without delay by the Planning Board Chairman or Vice Chairman and shall be filed of record forthwith in the office of the County Clerk by the developer before any development shall take place in accordance therewith. Pending completion within five (5) years of the planned unit residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of the plan or part thereof, as finally approved, shall be made nor shall it be impaired, except with the consent of the landowner and the Planning Board.

Petition for review. Following approval of development plans, the issuance of permits and substantial progress in the completion of twenty-five (25) of the controlled density units thereof, measured as a percentage of the acreage of anticipated population, whichever shall be the greater, the developer may petition for review in detail of the previously approved plans or units awaiting development or completion, stating his reasons therefor. Reasons may be based on such considerations as changing social or economic conditions, potential improvements in layout or design features, unforeseen difficulties or advantage mutually affecting the interests of the Township and the developer, such as technical causes, site conditions, state or federal projects and installations and statutory revisions. The Planning Board, on finding such reasons and petitions to be reasonable and valid, may consider the redesign, in whole or in part, of any Mixed Use Development District and shall follow in full the procedure and conditions herein required for original submittal and review.