East Windsor City Zoning Code
§ 20-35.1.7
Public Hearings.
Within 45 days after the filing of an application pursuant hereto, a public hearing shall be held by the Planning Board, notice of which shall be given in the manner prescribed in R.S. 40:55-34, et seq., for hearing on 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 adverse witnesses. A transcript of the hearing shall be caused to be made by the Planning Board, copies of which shall be made available 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.
Conduct of hearing. At the public hearing, the applicant shall present evidence as to:
1.
Its general character and substance.
2.
Objectives and purposes to be served.
3.
Adequacy and completeness of standards.
4.
Satisfactory application of standards in specific details of design and organization of elements and plans.
5.
Scale, scope.
6.
Economic feasibility.
7.
Time factors and sequential development potentials.
8.
Conformity to comprehensive plans for Township development.
9.
To this end, factual evidence and expert opinion shall be submitted by the developers 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 lawyers, architects, engineers, realtors, professional planners and economists as will clearly state for record the full nature and extent of the proposal.
10.
The procedures and approvals provided herein for tentative and final approval of a plan for a Planned Unit Development and applications for such tentative and final approval shall be in lieu of all procedures and approvals specified in Sections 13, 14, 15, 17, 18 and 21 of Chapter 433 of the Laws of 1953, and all other ordinances of the Township.
b.
Tentative approval. Following the public hearing and within 60 days and based on the foregoing evidence, the Planning Board shall either:
c.
Conclusions for granting or denial of plan. The grant or denial of tentative approval shall be by written resolution including, but not limited to, findings of fact and conclusions setting forth in what respects the plan would or would not be in the public interest and:
1.
In what respects the plan is or is not consistent with the statement of objectives of a planned unit development;
2.
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 not deemed to be in the public interest;
3.
The purpose, location and amount of the common open space in the planned unit 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;
4.
The physical design of the plan and the manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;
5.
The relationship, beneficial or adverse, of the proposed planned unit development to the neighborhood in which it is proposed to be established; and
6.
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 interest of the public and of the residents and owners of the planned unit development in the integrity of the plan.
d.
Implementation in section or stages. As a condition to tentative approval of the Planned Unit Development Plan, the Planning Board may permit the implementation of the plan in whole or in sections or stages consisting of one or more sections or stages, under the sequence of actions determined as a part of the Planned Unit Development District Plan. Such sections or stages shall be:
1.
Substantially functionally self-contained and self-sustaining with regard to access, parking, utilities, open spaces and similar physical features, and capable of substantial occupancy, operation and maintenance upon completion of construction and development.
2.
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 Planned Unit Development District.
3.
Provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require under conditions of ownership and maintenance; as will prevent damage or detriment to any completed section or stage, to other sections or stages and to adjoining properties not in the Planned Unit 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 scale as to fully demonstrate the following:
(a)
The arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and services facilities, and land ownership conditions.
(b)
Estimates of the economic base of the section or stage and its one or more sections or stages as supported by such evidence as the estimated cost and market values of structure and land improvement; increase of taxable values; costs of maintenance and services to be borne by public and private agencies; potential rental scales; costs of utility installations, etc.
(c)
Estimates of its social characteristics, such as the size and composition of future population in terms of probable family sizes as occupants of the several dwelling unit types; their need for public services and protection, for recreational facilities and for commercial and professional services; anticipated rental scales, etc.
(d)
Such further evidence as shall demonstrate conformity to and support of the principles and objectives of the Township master plan and the enhancement of the living standards of the community with conformity to the balance of residential, commercial, industrial and public land utilization and the economic base as established in the Planned Unit Development District plans.
e.
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, and that upon presentation of requisite working drawings and specifications such permits may be issued. Upon substantial completion of any section or stage which shall include all performance bonds, covenants and similar instruments to assure such completion, 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 board shall initiate proceedings for the review of the new section or stage.
f.
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 Planned Unit Development District plan to compensate for differences between the estimates of record on previously approved and completed sections or stages as required under paragraph d 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 Planned Unit 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 effect of unforeseen changes, extreme conditions, or unexpected advantages which may have resulted during the time of construction and development.
g.
Time within which application for final approval must be made. If tentative approval is granted, with or without conditions, there shall be 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 a landowner from the presentation of any application for final approval earlier than the time period hereinabove set forth.
1.
In the event that tentative approval is granted, with or without conditions, the same shall be noted on the zoning map maintained in the office of the Township Clerk.
2.
In the event that a plan is given tentative approval, with or without conditions, and thereafter, but prior to final approval, the landowner shall elect to abandon part or all of the plan and so notify the Planning Board in writing, or in the event the landowner shall fail to file application for final approval within the required period of time or times, as the case may be, tentative approval shall be deemed to be revoked and all that portion of the area included in the plan for which final approval has not been given shall be subject to those local ordinances applicable thereto, as they may be amended from time to time, and the same shall be noted on the zoning map in the office of the Township Clerk.
h.
Application for final approval.
1.
Application for final approval may be for all the land included in a plan or, to the extent set forth in the tentative approval, for a section thereof. Applications shall be made to the Township Clerk and within the time specified by the resolution granting tentative approval.
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 tentative approval. A public hearing on an application for final approval of the plan, or part thereof, shall not be required, provided the plan, or the part thereof, submitted for final approval, is in substantial compliance with the plan theretofore given tentative approval.
2.
A plan submitted for final approval shall be deemed to be in substantial compliance with the plan previously given tentative approval, provided any modification by the landowner of the plan as tentatively approved does not: vary the proposed gross resident density or intensity of use by more than 5%; involve a reduction of the area set aside for common open space nor the substantial relocation of such area; increase by more than 10% of the floor area proposed for nonresidential use; increase by more than 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 stormwater and sanitary sewerage.
3.
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 tentatively approved. The burden shall nevertheless be on the landowner to show the Planning Board good cause for any variation between the plan as tentatively approved and the plan as submitted for final approval.
i.
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 clerk and shall be filed of record forthwith in the office of the county clerk before any development shall take place in accordance therewith. Upon the filing of record of the plan all other ordinances and subdivision regulations otherwise applicable to the land included in the plan shall cease to apply thereto. Pending completion within five years of the planned unit 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.
The final plan as approved shall be incorporated into the Township master plan and the Township Clerk and building subcode official shall be advised to issue the necessary permits in accordance herewith.
j.
Petition for review. Following approval of development plans, the issuance of permits and substantial progress in the completion of 25% 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 Unit Development District, and shall follow in full the procedure and conditions herein required for original submittal and review.
k.
Definitions.
1.
COMMON OPEN SPACE — A parcel of land or an area of water, or a combination of land and water within the site designated for a planned unit development, designed and intended for the use or enjoyment of residents and owners of the planned unit development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the planned unit development.
2.
LANDOWNER — The legal or beneficial owner of all the land proposed to be included in a planned unit development. The holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land, shall be deemed to be a landowner for the purposes of this act.
3.
PLAN — The provisions for development of a planned unit development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the plan" shall mean the written and graphic materials referred to in this definition.
4.
PLANNED UNIT DEVELOPMENT, PLANNED COMMUNITY OR NEW TOWN — An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, including commercial and industrial uses, if any, the plan for which does not correspond in lot size, bulk or type of dwelling or commercial or industrial use, density, lot coverage and required space to the regulations established in any one or more districts created, from time to time, under the provisions of a municipal zoning ordinance enacted pursuant to R.S. 40:55-30, et seq.
5.
DWELLING UNIT — One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit with cooking, living, sanitary and sleeping facilities.