March 4, 2026, Planning Board Regular Meeting - WEHI Transcript

03/11/2026 06:15:33 AM Page 5 to 8 of 136 2 of 54 sheets 5 should not consider.1 Number one, review the ordinance that2 applies to this site. It is detailed, you are not3 deciding if the ordinance was enacted correctly, if4 there was a good reason to enact the ordinance, or if5 you agree or disagree with the ordinance.6 2. Review the exhibits, including the7 experts reports that are found on the agenda. The8 boards expert provided a lot of detailed information, by9 my count there are 13 reports from the board experts10 including, engineering, regarding stormwater, sewer,11 slope stability, traffic planning and environmental12 issues.13 Review the testimony of the witnesses. You14 have an advantage here that we don't usually have in15 that we have full transcripts of the witness testimony16 available for your review, not just summaries. We had17 29 scheduled meetings, two of them ended early for18 technical or other reasons. At the beginning of the19 transcript there's a list of witnesses who provided20 testimony and at the index in the rear you can look up21 specific terms so you can go back and refresh your22 memories. If you are text savvy you can even do a word23 search on the transcripts.24 Rely upon your training and experience as25 6 board members and as members of this community. You are1 also here to judge the credibility of the witnesses.2 5. The board was not a party to the settlement3 agreement. While that settlement agreement may be4 informative as to why the ordinance was created as it5 was, it is your responsibility to look at the ordinance,6 review the site plan as proposed and grant or deny7 preliminary site plan approval, final site plan8 approval, a variance for the foundation exposure of9 greater than 50 percent and two RSIS de minimus10 exceptions for the loop road created if Kuzak Road is11 closed and an exception as to the sidewalk being located12 on one side of the road in a section of the development.13 Now let's talk in more detail about the14 standards set forth in the MLUL that you must follow.15 N.J.S.A.40:55D-7, definition of Site Plan. Site plan16 means a development plan of one or more lots on which is17 shown;18 1. The existing and proposed condition of19 the lots, including but not necessarily limited to20 topography, vegetation, drainage, floodplains, marshes21 and waterways.22 2. The location of all existing and23 proposed

nd proposed condition of19 the lots, including but not necessarily limited to20 topography, vegetation, drainage, floodplains, marshes21 and waterways.22 2. The location of all existing and23 proposed buildings, drives, parking spaces, walkways,24 means of ingress and egress, drainage facilities,25 7 utility services, landscaping, structures and signs,1 lighting, screening devises.2 3. Any other information that may3 reasonably be required in order to make an informed4 determination pursuant to an ordinance requiring review5 and approval of site plans by the Planning Board.6 What are the standards for preliminary and7 final site plan approval. This is set forth in8 N.J.S.A.40:55D-46. These are the procedures for9 preliminary site plan approval. The statute says;10 A. An ordinance requires site plan review11 and approval. Shall require that a development submit12 to the administrative officer a site plan and such other13 information as is reasonably necessary to make an14 informed decision as to whether the requirements15 necessary for a preliminary site plan approval have been16 met.17 The site plan and any engineering documents18 to be submitted shall be required in tentative form for19 discussion purposes for preliminary approval. If any20 architectural plans are required to be submitted for21 site plan approval, the preliminary plans and elevations22 shall be sufficient.23 B. If the Planning Board required any24 substantial amendment in the layout of improvements25 8 proposed by the developer that have been the subject of1 a hearing, an amended application for development shall2 be submitted and proceeded upon as in the case of the3 original application for development.4 The Planning Board shall, if the proposed5 development complies with the ordinance and this act,6 grant preliminary site plan approval. Note that7 N.J.S.A.40:50D-46b provides that the board shall grant8 preliminary and final site plan approval if the proposed9 development complies with all of the provisions of the10 applicable ordinance.11 Okay. Now, if an application does not12 comply with all the ordinance provisions the board must13 deny approval. However, there are two exceptions. The14 first exception is, where an application does not comply15 with all the ordinance provisions but the board grants16 relief in the terms of variances or exceptions. In that17 case the board must review

first exception is, where an application does not comply15 with all the ordinance provisions but the board grants16 relief in the terms of variances or exceptions. In that17 case the board must review the application against all18 the remaining ordinance provisions and grant approval if19 the application complies with all such remaining20 provisions. The second exception is whether the21 application does not comply with all the ordinance22 provisions but a condition can be imposed requiring a23 revision to the plans or change to the application that24 will satisfy the ordinance at issue. In that case the25