N.J. Admin. Code § 19:31C-3.1 - Applicability and scope

(a) The Fort Monmouth Economic Revitalization Authority is promulgating these rules pursuant to authorization under the Fort Monmouth Economic Revitalization Authority Act, P.L. 2010, c. 51 et seq. (N.J.S.A. 52:27I-18 et seq.). The rules, comprising the land use regulations and development and design guidelines, shall govern all future development and redevelopment within the Fort Monmouth Project Area, that is, the area encompassed by the metes and bounds of Fort Monmouth (see Figure 1, Aerial Photograph of Fort Monmouth, below), and shall apply to the construction and uses of all buildings and structures and to the uses of land therein (see Figures 2a and 2b, Existing Fort Buildings and Streets, below).

1. N.J.A.C. 19:31C-3.3 through 3.13 include both traditional zoning standards (for example, use, bulk, density, floor area ratio, height, setbacks, lot coverage, signage, and related requirements), as well as site plan and subdivision standards (for example, design of streets, sidewalks and parking areas, walls and fences, utilities, lighting, etc.). Due to their historic significance, certain existing Fort Monmouth buildings are required to be preserved through adaptive reuse, with varying degrees of flexibility as to how each building may be reused.

2. N.J.A.C. 19:31C-3.1 4 through 3.18 include a series of development and design guidelines encompassing circulation, parking design, open space and landscaping, building placement, building design, and sustainability. Such guidelines are intended to foster development that is consistent with the overall vision spelled out in the Fort Monmouth Reuse and Redevelopment Plan (Reuse Plan), and also blend with the fabric of the host municipalities while also respecting existing neighborhood character. In order to promote flexibility, the guidelines contained in these sections are not deemed mandatory, but rather are intended to reflect the preferred form of development and design.

(b) The Reuse Plan and this subchapter supersede the master plans, the zoning and land use ordinances and regulations, and the zoning maps of the host municipalities adopted pursuant to the Municipal Land Use Law and county development regulations, except as to procedures for site plan and subdivision approval. Unless otherwise stated to the contrary or required by the context thereof, no word used in this subchapter shall be presumed to have the meaning set forth in the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq., and no process, procedure, decision, or other action required or occurring pursuant to this subchapter shall necessarily be interpreted to operate in the same manner set forth in the MLUL. Where such applications are required pursuant to this subchapter, applications for site plan or subdivision approval within the Fort Monmouth Project Area shall be submitted to the planning boards of the host municipalities, subject to the Authority's mandatory conceptual review and jurisdiction with respect to use-type variances as set forth in this subchapter. Except as augmented or otherwise required by the provisions of this subchapter pertaining to the Authority's mandatory conceptual review and jurisdiction with respect to use-type variances, the procedural requirements of the host municipalities' land use and zoning ordinances adopted pursuant to the MLUL shall apply to all applications for site plan and subdivision approval. Except as otherwise provided, the provisions of the land use and zoning ordinances of the host municipalities pertaining to filing procedures, subdivision and site plan application checklist requirements, application fees and escrow deposits, completeness review, time limitations, notice and publication requirements, hearing procedures, development fees, and performance guaranties of a host municipality shall apply to all applications for site plan or subdivision approval submitted to the host municipality's planning board.

(c) The rules are designed to serve the following purposes:

1. To provide for the orderly and comprehensive development of the Fort Monmouth Project Area, consistent with the planning objectives of the Fort Monmouth Economic Revitalization Authority Act and of the Reuse Plan;

2. To provide, promote, and encourage flexibility in implementation of the Reuse Plan and development within the Fort Monmouth Project Area;

3. To promote and encourage compatibility of development within the Fort Monmouth Project Area with the character of the host municipality within which the development is taking place;

4. To promote and encourage the creation of employment and other business opportunities within and around the Fort Monmouth Project Area;

5. To address regional affordable housing needs in accordance with the provisions of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and in collaboration with the host municipalities;

6. To provide housing for the homeless as and to the extent required pursuant to applicable Federal law;

7. To provide for the preservation of historic properties and structures within the Fort Monmouth Project Area required to be preserved under the Reuse Plan;

8. To preserve certain open spaces within the Fort Monmouth Project Area as and to the extent required by the Reuse Plan. These open spaces shall include active, passive or ecological areas;

9. To promote the establishment of appropriate population densities and concentrations in suitable locations that will contribute to the well-being of persons, neighborhoods, and communities;

10. To provide for uses that are suitably sited and placed in order to secure safety from fire, flood, and other natural and man-made disasters, provide adequate light and air, prevent the overcrowding of land and undue concentration of population, prevent traffic congestion, and, in general, relate buildings and uses to each other and to the environment so that aesthetic and use values are maximized;

11. To encourage development in accordance with sound planning principles that relates the type, design, and layout of such development to the site and Fort Monmouth Project Area;

12. To promote a desirable visual environment through building design and location;

13. To provide for infrastructure and utility improvements of the land adequate to serve the uses to be developed on that land and the redevelopment of the Fort Monmouth Project Area;

14. To encourage the location and design of transportation routes that will promote the adequate flow of traffic and minimize congestion;

15. To protect the Fort Monmouth Project Area from air, water, noise, and other types of pollution;

16. To control surface water runoff and prevent flooding and other damage to land and to encourage the control of soil erosion and sedimentation;

17. To encourage coordination of various public and private activities shaping land development with a view toward lessening the cost of such development and promoting the more efficient use of land; and

18. To promote sustainable green building practices in accordance with building guidelines such as the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) guidelines, The National Association of Home Builders (NAHB) NAHB National Green Building Program, or similar green building practices guidelines.

(d) Notwithstanding the provisions of this subchapter, development within the Fort Monmouth Project Area shall be subject to all other applicable laws and regulations of the State of New Jersey.

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Notes

N.J. Admin. Code § 19:31C-3.1