A. This Article is adopted pursuant to the authority of the Municipal Planned Unit Development Act (1967), P.L. 1967, c 61, N.J.S.A 40 55-54 et seq, and the amendments thereof and supplements thereto
B. The purposes of this Article Eire as follows in order that the public health, safety, morals and general welfare be furthered in an era of increasing urbanization and of growing demand for housing of all types and design, to provide for necessary commercial and educational facilities conveniently located to such housing, to insure that the provisions of Revised Statutes 40.55-30 et seq, which direct the uniform treatment of Dwelling type, bulk, density and open space within each zoning district, shall not be applied to the improvement of land by other than lot by lot development in a manner that would distort the objectives of Revised Statutes 40 55-30 et seq, to encourage innovations in residential and commercial development and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings so that greater opportunities for better housing and recreation conveniently located to each other may extend to all residents of this municipality, in order to encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economics may enure to the benefit of those who need homes, to lessen the burden of traffic on streets and highways, to conserve the value of the land, and, in aid of these purposes, to provide a procedure which can relate the type, design and layout to the particular site and the particular demand for housing and other facilities including the foregoing at the time of development in a manner consistent with the preservation of the property values within established residential areas and to insure that the increased flexibility of substantive regulations overland development authorized herein is subject to such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay This ordinance is enacted pursuant to the authority granted by the Municipal Planned Unit Development Act (1967), N.J.R.S 40 55 54 et seq.
A. The township recognizes that extensive residential and commercial growth has recently taken place and will continue to take place within its borders. This growth will provide the opportunity for satisfying needs of the community, but because of the nature of the undeveloped land remaining in the township and of previous development, problems involving such matters as traffic, flooding, drainage, recreation and services wild be presented by further development. The township desires to take full advantage of such modern design, construction, technology and planning methods as will advance and promote the sound growth and general welfare of the municipality; strengthen and sustain its economic potentials, provide adequate, safe, efficient, economical municipal services and utilities; and establish appropriate patterns for the distribution of population and commerce in a variety of accommodations which are free and compatible with a modem way of life, coordinated with the protection and enhancement of natural beauty and resources and in harmony with their surroundings, both within and without the municipality; and in order to provide for a variety of service activities, parks, playgrounds, recreational areas, parking and other open space in orderly relationship to each other and in conformity to the development of the municipality as a whole
B. In order to effectuate the foregoing and to locate such planned unit development as and by a single entity upon the most suitable land in view of the rapidly expanding population of the community and in order to insure that sound planning goals are met for the potential use of the land and to prevent piecemeal and disorderly development of certain tracts of ground within the municipality, to protect existing uses, to preserve the physical characteristics of the land to the maximum extent possible, and to insure provisions for light and air, the prevention of overcrowding of land or buildings, the creation of an adequate road network, to secure the health, morals and general welfare and for the better securing of adequate municipal, utility and other necessary functions, the following criteria and procedures are established
The municipal authority designated by this Article shall be the Planning Board of the Township of Wayne which shall exercise the powers of the municipal authority as set forth in the Municipal Planned Unit Development Act. (1967)
[Amended 8-7-74 by Ord No. 126-1974; 1-2-75 by Ord. No. 161-1974]
A. An application for a planned unit development shall follow the following procedure
(1) As a condition precedent to the application for the planned unit development project, the applicant shall first apply for a zone change of the parcel which is the subject matter of his proposed project The application for the zone change shall initiate by the filing of an application to the Planning Board of the Township of Wayne for a zone change The Planning Board of the Township of Wayne shall consider all pertinent data offered to it by the applicant and requested by the said Board, in addition to the data and information specifically hereinafter required, and thereafter shall conduct a public hearing on the said application for zone change in the same manner and procedure as is provided for a hearing on a major subdivision application as is set forth in § 182-13 of the Code of the Township of Wayne. At the public hearing, a public presentation of the application shall be made by the applicant The Planning Board shall, after public hearing and due deliberation on the merits of the application, and consistent with the terms of this Article, report to the governing body of the Township of Wayne, after which tune the governing body of the Township of Wayne shall act on the application for a zone change.
(2) In order for the applicant to have standing or be entitled to proceed before the Planning Board, the applicant's proposed tract of land must consist of at least one hundred (100) acres, which tract is held by a landowner as herein defined Public roads shall not be deemed to divide acreage in the computation of the above-referenced minimum acreage No area shall be considered for a zone change for a planned unit development unless it can connect directly into adequate public water, sanitary sewer and storm sewer system and unless an economic feasibility study has been submitted showing why such area should be zoned into planned unit development district.
(3) The Planning Board in its review of the proposed zone change shall, in its report to the governing body, state what its finding is with regard to the proposed density for the subject project
(4) After receipt of the report of the Planning Board by the governing body of the Township of Wayne, the governing body of the Township of Wayne shall act upon the zone change, consistent with the intent and purposes of this Article and in the lawful exercise of its legislative discretion The governing body shall consider the merits of the application, proposed location, site suitability, adaptability of the proposed site to concepts of planned unit development as distinguished from other conventional forms of zoning of the Township of Wayne
(5) Should the governing body desire to introduce an ordinance supplementing the zone change, the governing body shall follow the procedure which is outlined in N.J.R.S 40 46-34 and N.J.R.S 40.45-55.
(6) In the event that the governing body rezones the applicant's tract, then the applicant shall make application for tentative approval to the Planning Board as defined in § 211-113 7B, Application for tentative approval.
B.Upon submission of an application for a zone change for a planned unit development, all applicants shall be required to submit a fee of fifty dollars ($50 ) per acre or any part thereof, of the gross site area Said fee shall be paid in cash or certified check made payable to the Township of Wayne The funds thus received by the Planning Board shall be deposited in an escrow account, and such funds shall be utilized to pay the fees and costs of any professional personnel employed by the Township of Wayne to process, review and make recommendations on the proposed zone change application Any of the aforesaid moneys left in the escrow account, upon favorable action by the Planning Board, shall be credited to the applicant toward those fees which shall arise under the provisions of this Article In the event the zone change application is unsuccessful, the amount remaining in the account shall be returned forthwith to the applicant Should additional funds be required after the original funds are exhausted, the applicant will be notified of the amount and the reasons therefor
The following shall be the permitted uses
A. At least five (5) Dwelling units made up of one-family Dwelling units in detached, semidetached or attached groups of attached or clustered structures either singly or in a combination thereof but not including any high-rise, medium-rise or garden-apartment-type structures.
B. Open spaces such as parks, preserves, recreation areas or facilities, tennis courts, golf courses, lakes, ponds, playgrounds, swimming facilities, drainage or other ways and other similar uses along with structures and accessory features appurtenant thereto
C. Churches, municipal buildings or structures, public or private schools (as herein defined in § 211-1B) and private or dedicated public parks or playgrounds, said parks or playgrounds to be developed in accordance with sound principles of planning and the highest standards of engineering and design If said park is dedicated to the municipality, the association in charge of common open space shall not be responsible for maintenance and upkeep of said park.
D. Signs limited to those identifying a planned unit development and located at the entrance or entrances to such projects and limited to fifty (50) square feet in area. The design, location, landscaping and maintenance of such signs shall be in accordance with specifications and conditions determined by the Planning Board. All LED, digital, animated, scrolling, flashing, or any other form of electronic sign, are prohibited.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 42-2006
E.Accessory uses customarily incidental to the above permitted uses.
F. [Added 6-19-85 by Ord. No 30-1985] Satellite dish, as herein defined, subject to the following provisions
(1) On one-family detached, semidetached or attached structures, one (1) dish, not exceeding three (3) feet in diameter [or seven (7) square feet in area], may be placed on the rear portion of a pitched roof of each Dwelling unit, provided that it shall not protrude above or beyond any roof line.
(2) For community buildings under the common ownership of a homeowners association, churches, municipal buildings or structures and public or private schools, a dish subject to the following provisions.
(a) A dish not to exceed three (3) feet in diameter (or seven (7) square feet in area], may be placed on the rear portion of a pitched roof of a structure, provided that it shall not protrude above or beyond any roof line. It may also be placed on the ground to the rear of the structure and subject to the side and rear yard setbacks
(b) A dish of more than three (3) feet in diameter [or seven (7) square feet in area], but not exceeding twelve (12) feet in diameter for one hundred thirteen (113) square feet in area), must.
[1] Be placed on the ground to the rear of the main structure and subject to the side and rear yard setbacks
[2] Be securely anchored to a concrete pad
[3] Have all wiring to and from the dish placed underground
[4] Have an open mesh surface and be painted a color to blend with its surroundings
[5] Have the surrounding area suitably landscaped
[6] Not have the lowest portion of the dish higher than two (2) feet from the ground Said two (2) feet shall be measured with the dish in a vertical position
(3) Nothing herein shall preclude the use of a common dish serving one (1) or several groups of structures, provided that it shall
(a) Be located on the ground in a rear yard.
(b) Not exceed twelve (12) feet in diameter [or one hundred thirteen (113) square feet in area]
(c) Be securely anchored to a concrete pad
(d) Have an open mesh surface and be painted a color to blend with its surroundings
(e) Receive municipal agency approval of its location, color and landscaping
(f) Have all wiring to and from the dish placed underground
(g) Not have the lowest portion of the dish higher than two (2) feet from the ground Said two (2) feet shall be measured with the dish in a vertical position
(4) No dish shall be permitted to have any lettering thereon or be used as an advertising or identification sign.
Within any planned unit development such development shall be in accordance With the following minimum standards
A.Usage categories
(1) Common open space Common open spaces such as parks, preserves, recreation areas and facilities, tennis courts, golf courses, lakes, ponds, playgrounds, swimming facilities, drainage or other ways and other similar uses, along with structures and accessory features appurtenant thereto, shall be provided at a ratio of not less than twenty-five percent (25%) of the gross area of the planned unit development The types and amounts of areas to be counted toward establishing the minimum amount of common open space shall be determined by the Planning Board but shall not include areas designated as sidewalks, roads, drives, and paved parking areas, required front yards and those side yards as established by the Planning Board along side lot lines. The Planning Board may require such areas to be considered part of common open space for maintenance and other purposes even though such areas are not of the type to be counted toward establishing the twenty-five-percent minimum area
(2) Density
(a) The overall density in any planned unit development shall not exceed five (5) Dwelling units per acre Said density shall be based upon the following information and studies environmental impact as defined in § 211-113 7B(9), topography, economic feasibility, traffic and the effect on township facilities such as roads, water and sanitary sewers, drainage, schools, adjoining properties, etc , and on Wayne Township in general. The Planning Board shall be guided by the above-mentioned standards but not be limited to said information, which shall be submitted by the applicant justifying the proposed density increase from the existing zoning density for the parcel of land in question. The aforementioned criteria shall contain necessary data relating to the parcel in question and supporting the proposed density.
(b) The density in each planned unit development shall be established by the municipal authority not to exceed five (5) Dwelling units per acre Plans and required information and studies shall be submitted by the applicant proposing a specific density and whereby all criteria and standards required under this Article have been complied with and meet with the satisfaction and review of the Planning Board. The Planning Board, in reviewing the application for the planned unit development, shall be limited to those areas which have been rezoned by the governing body of the Township of Wayne, except as has been here in above provided in § 2111134 herein, wherein the Planning Board performs the function of reviewing the application for a zone change.
(c) In calculating acreage for purposes of this subsection, all lands including those which may be conveyed to the township shall be included.
(1) Plot and lot sizes and dimensions, and structure heights and locations thereon, may be freely disposed and arranged in conformity to the overall density standards herein and to the conditions of comprehensive plans therefor, the general features and design of which shall be approved by the Planning Board. Minimum lot size or frontage and minimum percentage of lot coverage are not specified herein although the Planning Board shall be guided by standards for common good practice
(2) A minimum setback distance, or front yard, of seventy-five (75) feet shall be provided on county roads, or upon any township roads or thoroughfares with an existing or proposed right-of-way of eighty (80) feet or more as shown on the Township Official Map Side yards, rear yards, buffer areas, screen planting and other such protection or transitional features shall be as approved by the Planning Board giving due consideration to surrounding present and contemplated future uses
(3) All open spaces between structures shall be protected, where necessary, by fully recorded covenants running with the land, conveyances or dedications.
(4) [Amended 8-7-74 by Ord. No. 126-1974] The right-of-way and pavement widths for private internal ways, roads and alleys serving residential developments shall be determined from sound planning and engineering standards in conformity with the estimated needs of the development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic and the access of fire-fighting equipment, police vehicles and other emergency equipment In evaluating the foregoing, other provisions of Chapter 182, Subdivision of Land, and of Chapter 211, Zoning, shall apply, where appropriate, and otherwise may serve as general guides to the Planning Board in approving the development plans In any event, private internal roads and walks shall have a required minimum pavement width as follows.
(a) One-way traffic roads paved width of eighteen (18) feet.
(b) Two-way traffic roads:
[1] Minor street paved width of twenty-five (25) feet.
[2] Major street: paved width of thirty (30) feet.
(c) The rights-of-way width in addition to paved width of said one-and two-way traffic roads shall be a minimum of thirty-three and one-third percent (33 1/3%) of the required pavement width.
(d) Sidewalks, where required by the Planning Board, shall be at least three (3) feet in width
(e) Service ways for public service vehicles shall not be less than twelve (12) feet in width.
(5) [Amended 8-7-74 by Ord. No 126-1974] Dedicated streets or highways shall be subject to all other township ordinances and the laws of the State of New Jersey. Private streets may be allowed within any project at the discretion of the Planning Board. Dedicated streets or highways shall be materially constructed in accord with the standards of the Subdivision Ordinance of the Township of Wayne, and, further, the paved width of the various classes of roadway shall be required as follows(a) Minor street: pavement width of thirty (30) feet.
(b) Minor collector street. pavement width of thirty-six (36) feet
(c) Major collector street pavement width of forty-four (44) feet
(6) [Amended 8-7-74 by Ord. No 126-19741 There shall be off-street parking facilities for the parking of two (2) automobiles for each Dwelling unit Each off-street parking space shall consist of not less than one hundred eighty (180) square feet Garages shall be utilized in conjunction with uncovered parking to lessen the amount of outside paved parking areas as shall be reasonable in the particular case A minimum of one (1) garage shall be provided per each Dwelling unit
(7) No building shall exceed thirty-five (35) feet or two (2) stones in height above the first floor.
(8) Any other improvement dedicated to the municipality shall conform to the standards as set forth in the Subdivision Ordinance of the Township of Wayne 2 No laundering or drying facilities, including but not limited to washing machines and dryers, shall be located outside of any structures [Amended 8-7-74 by Ord No. 126-1974]
(9) Each Dwelling unit shall contain not less than two (2) private, separate entrances.
(10) Those recreation are-as provided within the development for the use of its residents shall be in the amount of at least one (1) square foot of recreation area for each two (2) square feet of gross residential floor area Such recreation areas shall consist of active recreation areas, such term to include but not be limited to tennis courts, swimming facilities, athletic fields, playgrounds, shuffleboard courts, basketball courts and similar types of facilities, and passive recreation areas, such term to include but not be limited to picnic areas, nature areas, etc. The amount of each type of recreation is subject to Planning Board approval based on the various types of housing proposed for each development [Added 8-7-74 by Ord No. 126-1974]
(11) Each Dwelling unit must be equipped with central heating and air-conditioning systems with independent controls for each
(12) Each Dwelling unit shall take care of and dispose of its garbage and refuse as does a single-family Dwelling in other residential districts, provided, however, the association shall have the right to manage and/or dispose of garbage of its development, all in accordance with this Article and applicable municipal codes relating to garbage and health regulations.
(13) Plans shall be submitted showing pedestrian circulation, bicycle paths, etc , proposed within the development
(14) All electric and telephone utilities within the planned unit development shall be placed underground as required under Township Ordinance 70-1971.
(15) Lighting plans for the entire project (or any portion being approved) shall be submitted for Planning Board approval
C. Special requirements
(1) Every structure or group of structures and uses and every designed plot area or cluster unit having services, facilities or utilities in common private usage and in common ownership or control by its occupants or which functions as an independent corporate property owner or agent of management shall be located upon and within a lot or plot of land which shall be fully dimensioned and designated as representing the area of responsibility and extent of such individual or group ownership or management as may be established by ownership in full or partial fee or for lease under deed, covenant, lease contract or such other conditions of usage or occupancy legally established and recorded therefor, and a description or plan of each such lot or plot shall be filed separately or as part of the descriptive maps of a planned unit development with the Municipal Tax Assessor This requirement may be satisfied by a master deed filed in connection with establishing a condominium form of ownership for the planned unit development or a part thereof
(2) The Township of Wayne may, at any time and from time to time, accept the dedication of land, or any interest therein, for public use and maintenance; but no land proposed to be set aside for common open space shall be required to be dedicated or made available to public use as a condition of the approval of a plan
(3) The landowner shall provide for and establish an organization for the ownership and maintenance, or if held under a condominium form of ownership, for the maintenance alone, of any open space for the benefit of residents of the development Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise (except to an organization conceived and established to own and maintain the open spaces for the benefit of such development), without first offering to dedicate the same to the township or other government agency
(4) Failure to maintain common open space.
(a) In the event that the organization established to own and/or maintain common open space, or any successor organization, shall at any time after establishment of the planned unit development fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Municipal Council may serve written notice upon such organization or upon the residents and owners of the P.U.D setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice At such hearing the Municipal Council may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said thirty (30) days or any extension thereof, the Municipal Council, in order to preserve the taxable values of the properties within the planned unit development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners Before the expiration of said year, the Municipal Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents and owners of the planned unit development to be held by the Municipal Council, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the township shall not, at the election of the township, continue for a succeeding year. If the Municipal Council shall determine that such organization is ready and able to maintain said common open spare in reasonable condition, the township shall cease to maintain said common open space at the end of said year If the Municipal Council shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the township may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter The decision of the Municipal Council in any such case shall constitute a final administrative decision subject to judicial review.
(b) The cost of such maintenance by the township shall be assessed ratably against the properties within the planned unit development that have a right of enjoyment of the common open space and shall become a tax hen on said properties The township, at the time of entering upon said common open space 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 unit development
(5) As a condition of the approval of a proposed planned unit development, the Planning Board shall require of the organization established or to be established to own and/or maintain common open space, any other common areas or elements, or the structures located within the development, that it adopt certain binding rules and regulations or bylaws, not subject to change without prior Planning Board approval, with respect to insuring the objectives and purposes of reasonable maintenance. Said requirements of the Planning Board may vary as to particular applications and the buildings, structures and uses proposed therein, provided, however, that any such variations of requirements may not be inconsistent with each other The following information and/or documents shall be submitted prior to final approval being granted for any plan or section thereof.
(a) The time when the organization is created
(b) The form of the organization, whether a corporation, partnership, trust or other.
(c) The mandatory or automatic nature of membership in the organization by residents or successors.
(d) The liability of the organization for the insurance, taxes and maintenance of all facilities.
(e) Provision for the sharing of costs and assesments.
(f) The capacity of the organization to administer common facilities and preserve the benefits of common open space
(g) Whether members of the organizations are owners or tenants and any distinctions between types of members, if any.
(6) All other ordinances dealing with subdivision control, unless expressly stated herein, shall not apply to the planned unit development
A. Exclusive procedure. 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 other applications, procedures and approvals specified in Chapter 182, Subdivision of Land, and in Chapter 211, Zoning, of the Code of the Township of Wayne except as herein noted.
B. Application for tentative approval. Application for a planned unit development shall be made in triplicate by the landowner or an entity having a cognizable interest in the land, shall be filed with the Township Planning Department along with ten (10) copies of all plans accompanying the application and shall be considered an application for tentative approval. The fee for such application shall be seventy-five dollars (§75.) per proposed Dwelling unit. At the time of application for final approval an additional fee of twenty-five dollars ($25) per proposed Dwelling unit shall be paid. All planning and subdivision matters relating to the platting use and development of the planned unit development shall be determined and established by the Planning Board The application shall set forth
(1) The name and address of the landowner.
(2) The location and size of the site,
(3) The nature of the landowner's interest in the land proposed to be developed.
(4) The overall density of the project
(5) The density of land use to be allocated to parts of the site to be developed.
(6) The location and size of any common open space and the form of organization proposed to own and maintain any common open space.
(7) The use, approximate height, bulk and location of buildings and other structures.
(8) The topography and location of any natural features found on the site.
(9) [Amended 8-7-74 by Ord. No. 126-1974] An environmental impact statement of the effect of the project on the environment. Such statement shall generally include but not be limited to.
(a) An inventory of existing environmental conditions at the project site and in the surrounding region which shall describe air quality, water quality, water supply, hydrology, geology, soils, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics, history and archeology.
(b) A project description which shall specify what is to be done during construction and operation and how it is to be done.
(c) A listing of all licenses, permits or other approvals as required by law and the status of each
(d) An assessment of the probable impact of the project upon all topics described in Subsection B(9)(a).
(e) A listing of adverse environmental impacts which cannot be avoided.
(f) Steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding region.
(g) Alternatives to all or any part of the project with reasons for their acceptability or nonacceptability.
(10) The feasibility of proposed provisions for disposition of sanitary waste and stormwater and the control of soil erosion and sedimentation.
(11) The substance of covenants, grants of easements or any other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities
(12) The provisions for parking of vehicles, and the location and width of proposed streets and public ways
(13) The required modifications in the township land use regulations otherwise applicable to the subject property.
(14) The materials to be used on the exterior of all buildings and structures and landscape plans.
(15) In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned unit development are intended to be filed.
(16) A written statement of why, in the applicant's opinion, a planned unit development would be in the public interest and would be consistent with the statement of objectives on planned unit development contained in this Article
C. Notification of Department of Community Affairs A copy of the plan and application for tentative approval shall be forwarded to the Division of State and Regional Planning in the Department of Community Affairs
D. Review of plans by Northeast Soil Conservation District. A copy of the plans and application for tentative approval shall be forwarded to the Northeast Soil Conservation District for its review and report in accordance with Chapter 182 of the Code of the Township of Wayne
E. Public hearings
(1) Within forty-five (45) days after the filing of an application pursuant to § 211-113 7B of this Article, 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 40 55-34 et seq , for hearings on amendments to a zoning ordinance The Chairman or, in his absence, the Acting Chair-man 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 the hearing shall have the right to cross-examine adverse witnesses
(2) A transcript or tape recording 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 report on the proposed planned unit development shall be prepared by the staff of the Township Planning Department and shall be filed in its office not less than five (5) days before the public hearing and shall be available for public inspection during regular municipal building hours.
(3) The Planning Board may continue the hearing from time to time and may refer the matter back to the Township Planning Department for a further report, a copy of which shall be filed of record without delay, provided, however, that in any event, the public hearing or hearings shall be concluded within forty-five (45) days after the date of the first public hearing unless the landowner shall consent in writing to an extension of time within which the hearing shall be concluded.
F. Conduct of hearing.
(1) At the public hearing, the landowner shall pre-sent evidence as to the proposed planned unit development:
(a) General character and substance
(b) Objectives and purposes to be served
(c) Specific details of design and organization of elements and plans.
(d) Economic feasibility.
(e) Time factors and sequential development potentials.
(2) To this end, factual evidence and expert opinion shall be submitted by the landowner 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
G. Tentative approval or denial by Planning Board and findings
(1) The Planning Board shall, within sixty (60) days following the conclusion of the public hearing provided for in § 211-113 7E of this Article, by written resolution either grant tentative approval of the plan as submitted, grant tentative approval subject to specified conditions not included in the plan as submitted or deny tentative approval to the plan Failure of the Planning Board to so act within said period shall be deemed to be a grant of tentative approval of the plan as submitted. In the event tentative approval is granted, other than by lapse of tune, either of 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 tentative approval is granted subject to conditions, the landowner shall, within forty-five (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 conditions. In the event the landowner refuses to accept all said conditions, the Planning Board shall be deemed to have denied tentative approval of the plan In the event the landowner does not, within said period, notify the Planning Board of his acceptance of or his refusal to accept all said conditions, tentative approval of the plan, with all said conditions, shall stand as granted Nothing contained herein shall prevent the Planning Board and the landowner from mutually agreeing to a change in such conditions; and the Planning Board may, at the request of the landowner, extend the time during which the landowner shall notify the Board of his acceptance or refusal to accept the conditions
(2) The grant or denial of tentative 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 respects the plan is or is not consistent with the statement of objectives as stated in § 211-113.2 of this Article
(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 not deemed to be in the public interest
(c) 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.
(d) The physical design of the plan and the manner in which said 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.
(e) The relationship, beneficial or adverse, of the proposed planned unit 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 unit development in the integrity of the plan
(g) Whether the plan is or is not in general conformity with the provisions of Revised Statutes 40 55-32 and the Township Master Plan, and whether the proposed development will or will not have a substantially adverse effect on the development of the neighboring area
(3) 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 (1) or more sections or stages.
(a) Such sections or stages shall be
[1] Substantially and 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 construction and development, and no section shall exceed the overall maximum density permitted for the entire plan unless such density is offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant in favor of the municipality. Such reservation shall, as far as practicable, defer the precise location of such common open space until an application for final approval is filed so that flexibility will be maintained
[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 district in which planned unit development is permitted
[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 stages and to adjoining properties not in the planned unit development.
(b) 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
[1] The arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities -and service facilities, and land ownership conditions
[2] 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.
[3] Such further evidence as shall demonstrate consistency with the living standards of the community.
(4) In the event a plan is granted tentative 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 application 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 be not less than three (3) 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 (6) months, provided nothing herein contained shall be construed to limit a landowner from the presentation of any application for final approval earlier than the tune period hereinabove set forth.
