Agenda - Planning Commission - 09/05/2013

Home

July 25, 2013 I Volume 7 ( Issue 14 Zoning Bulletin with New Jersey's Residential Site Improvement Standards (the "RSIS") The Background/Facts: Caliber Builders, Inc. ("Caliber") sought to develop a 12.5 acre parcel of land, the majority of which was in an R-2 zoning district in the Borough of Hillsdale (the "Borough") (the "Land"). The Land was previously the site of a fruit orchard and was commonly referred to as "Golden Orchards." Caliber's development proposal included thirty-seven age -restricted, single-family houses. Pursuant to the Town's zoning code, single-family detached age -restricted housing developments were permitted in the Borough's R-2 zoning district as a conditional use. Among the numerous conditions that an applicant would need to satisfy in applying for a conditional use permit was that the roadway widths and road improvements in any age -restricted develop- ment conform with the RSIS. The RSIS governs all residential site improvements in New Jersey. Among other things, the RSIS regulates intensity of roadways. The RSIS defines a low intensity development as one that contains "[1]ess than or equal to 4" dwelling units per gross acre. (N.J.A.C. 5:21-4.2(b).) The RSIS defines a medium intensity development as one that contains "[m]ore than 4 and less than or equal to 8" dwelling units per gross acre. (N.J.A.C. 5:21-4.2(b).) In April 2007, Caliber submitted an application to the Borough Plan-. , ning Board (the "Board"), seeking a preliminary site plan and conditional use approval for its proposed age -restricted housing development. Ultimately, the Board voted to approve Caliber's application. Northgate Condominium Association, Inc. ("Northgate") was a non- profit corporation that managed and operated Northgate Condominiums. Northgate Condominiums were located on land adjacent to the Land on which Caliber proposed development. Northgate objected to Caliber's application. It appealed the Board's decision to approve Caliber's application. Among other things, Northgate argued that Caliber failed to comply with the notice requirements of the MLUL governing the manner in which property to be developed must be identified. (See N.J.S.A. 40:55D-11.) The relevant section of the MLUL (N.J.S.A. 40:55D-12 and -13) provides that notices must, among other things: "identify the property proposed for development by street address, if any, or by refer- ence to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office." Caliber's published notices of hear- ings related to its application in the local newspaper mis-identified the tax lot numbers for the Land as being Lots 1.0 and 1.02, when they should have been identified as Lot 1. Northgate also argued that Caliber had failed to demonstrate that its proposed design complied with certain requirements fixed by the RSIS 6 © 2013 Thomson Reuters