§ 184-92. Applicability of RSIS.

The RSIS are incorporated herein by reference. A copy of the standards are available for inspection in the office of the Zoning Officer. The following provisions shall govern the application of the RSIS.

A. 

Any project for which preliminary subdivision or site plan approval has been given prior to June 3, 1997 shall continue to be subject to the RSIS and provisions of the applicable chapters of the Borough Code in effect prior to June 3, 1997.

B. 

Any project for which application is made after June 3, 1997 shall be governed by the RSIS.

C. 

The RSIS shall apply to all applications for residential subdivision and site plan approval, and shall apply to all site improvement work and appurtenant construction including streets, roads, parking facilities, sidewalks, drainage structures, grading and utilities.

D. 

The RSIS shall not apply to driveways on private property held in fee-simple as individual residential lots outside of the public right-of-way, including common driveways established by easements shared by more than one dwelling unit on private property.

E. 

Where both residential and commercial development are planned in a mixed-use development, the RSIS shall apply to the residential part or parts of such development where such residential part or parts are discrete and separate from planned commercial parts as evidenced by, for example, separate building(s), separate parking, and separate access features.

F. 

The RSIS shall supersede and replace all technical requirements of this article with regard to streets, parking, water supply, sanitary sewers and stormwater management in residential development.

G. 

The RSIS shall not supersede, and shall not replace, standards in this article or in any other article, concerning:

(1) 

Layout, arrangement, and location of improvements, shade trees, landscaping, or reservation of areas for public use, pursuant to N.J.S.A. 40:55D-38, except as otherwise set forth in §§ 184-116B(3)(d) and 184-117 for the MAH and TAH Zones.

(2) 

Preservation of existing natural resources; arrangement of physical elements for safe and efficient vehicular and pedestrian circulation, by, for example, traffic calming measures, parking and loading; screening, landscaping, and location of structures; or conservation of energy and use of renewable resources; pursuant to N.J.S.A. 40:55D-41; or

(3) 

Use, bulk, height, number of stories, orientation and size of buildings and other structures; the percentage of lot or development area that may be occupied by structures, lot sizes and dimensions, floor area ratios, or other measures to control development intensity; or the provision of adequate light and air pursuant to N.J.S.A. 40:55D-65.

H. 

Choice among options contained in the RSIS shall be the applicant's unless otherwise specified in the RSIS.

I. 

Administration, approval, waivers and exceptions, enforcement and violations concerning the RSIS shall be as set forth in N.J.A.C. 5:21.

J. 

Those provisions of this chapter containing standards which may be superseded by the RSIS are designated with the letters "SIS" at the end of the provision. The final determination of applicability shall be made by the Zoning Officer.