This Redevelopment Plan shall constitute a Redevelopment District
in the Land Development Ordinance of the Township of Manalapan and
modify specific provisions of the ordinance where expressly indicated.
The official zoning map is hereby amended to reference this Redevelopment
Plan. Additionally, the listing of zoning districts in the Land Development
Ordinance is hereby amended to include a reference to said Redevelopment
District.
Except as otherwise provided herein, words that appear in this
Redevelopment Plan shall be interpreted in accordance with Definitions
of the Township of Manalapan Land Development Ordinance.
Throughout this Redevelopment Plan, a meaningful distinction
is made in the regulations between "shall" and "should":
1. "Shall"
means that a Redeveloper is required to comply with the specific regulation.
2. "Should"
means that a Redeveloper is encouraged to comply but is not required
to do so. The Planning Board will entertain any modification that
meets the underlying spirit and intent of the regulation and/or the
Redevelopment Plan generally.
All subdivision and site plan applications within the Redevelopment
District shall be prepared and submitted to the Manalapan Township
Planning Board. All such applications shall provide public notice
in accordance with the requirements set forth in NJSA 40:55D-12. In
addition to the requirements of the Manalapan Land Development Ordinance,
all applications for subdivision or site plan approval shall include
the following information:
a.
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Emergency Vehicle Access and Circulation Plan - Subject to review
of the Township Fire Marshall
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b.
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Traffic Impact Study
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c.
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Circulation and Site Usage Plan - This plan should define the
anticipated types of trucks that will use the facilities proposed,
how they access the site and buildings, the number of trucks anticipated,
and how frequently they will enter and exit the site, as well as where
they will park on site if not actively loading or unloading.
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In the case that a redevelopment project requires approvals
by other agencies, the Redeveloper is required to submit copies of
such applications and approvals to the Township to demonstrate compliance
with applicable local, county, and State regulations.
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The Redevelopment District shall be developed as one coordinated planned development per Section 95-5.4G and 95-8.2B(4). However, internal subdivision for the purposes of creating fee simple lots for financing, phasing or other valid purposes is permitted. Any subdivision of lots or parcels of land within the Redevelopment District shall be consistent with the concept plan per Section 95-8.2B(4) approved as part of the Redevelopment Agreement in accordance with the requirements of this Redevelopment Plan and the aforementioned Development Review Procedures and Plat Details standards, except that where this Redevelopment Plan contains provisions that differ from those in the ordinance, the Plan shall prevail.
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The Manalapan Township Planning Board may grant deviations from
the regulations contained within Chapter 2 of this Redevelopment Plan,
where, by reason of exceptional narrowness, shallowness or shape of
a specific piece of property or by reasons of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, the strict application of any bulk regulation adopted
pursuant to this Redevelopment Plan would result in peculiar difficulties
to, or exceptional and undue hardship upon, the Redeveloper. The Manalapan
Township Planning Board may also grant such relief in an application
relating to a specific piece of property where the purposes of this
Redevelopment Plan would be advanced by a deviation from the strict
requirements of this Redevelopment Plan and the benefits of the deviation
would outweigh any detriments. Additionally, no relief may be granted
under the terms of this Section unless such deviation or relief can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the Redevelopment
Plan.
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Notwithstanding the above, no deviations shall be granted that
would permit any of the following: a use or principal structure that
is not otherwise permitted by this Redevelopment Plan; an increase
in the permitted floor area ratio ("FAR"); or an increase in the maximum
permitted height of a principal structure by more than 10 feet or
10%, whichever is less. No deviation from the requirements herein
shall be cognizable by the Township of Manalapan Zoning Board of Adjustment.
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An application for a deviation from the requirements of this
Redevelopment Plan shall provide public notice of such application
in accordance with the requirements set forth in N.J.S.A. 40:55D-12a
and b.
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No covenant, lease, conveyance or other instrument shall be
affected or executed by the Township or by the Redeveloper or any
of its successors or assignees, whereby land within the Redevelopment
Area is restricted upon the basis of age, race, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation,
gender identity or expression, disability, or sex in the sale, lease,
use or occupancy thereof. Appropriate covenants, running with the
land forever, will prohibit such restrictions and shall be included
in the disposition instruments.
Any contractor or subcontractor engaged to perform work within
the Redevelopment Area shall, where applicable, state in all solicitations
or advertisements for employees placed by or on behalf of the contractor,
or subcontractor, that all qualified applicants will receive consideration
for employment without regard to age, race, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation,
gender identity or expression, disability or sex.
There shall be no restrictions of occupancy or use of any part
of the Redevelopment Area on the basis of age, race, creed, color,
national origin, ancestry, marital status, affectional or sexual orientation,
gender identity or expression, disability, or sex in the sale, lease,
use or occupancy thereof.
Upon the inspection, verification, and approval by the Township
Committee that the redevelopment within the Redevelopment District
has been completed, a Certificate of Completion and Compliance shall
be issued to the Redeveloper. All Redevelopment Agreements associated
with the implementation of this Redevelopment Plan shall be in effect
until the issuance of such a certificate, or such later date as set
forth in such Redevelopment Agreement(s).
If any section, paragraph, division, subdivision, clause or
provision of this Redevelopment Plan shall be adjudged by a court
of competent jurisdiction and found to be invalid, such adjudication
shall only apply to the section, paragraph, division, subdivision,
clause or provision so judged, and the remainder of this Redevelopment
Plan shall be deemed valid and effective.
This Redevelopment Plan may be amended from time to time upon
compliance with the requirements of State law. A non-refundable application
fee of $5,000 plus any additional escrow funds necessary to cover
the municipal costs of professional services shall be paid by the
party requesting such amendment. The Township Committee, at its sole
discretion, may require the party requesting the amendments to prepare
a study of the impact of such amendment(s), which study must be conducted
by a professional planner licensed in the State of New Jersey.