In accordance with Part
1, Land Use Generally, of this chapter the Joint Planning Board of the Township of River Vale shall administer this Part
4. Prior to approval of a planned residential development, the Joint Planning Board shall make each of the findings required to be made and referred to in N.J.S.A. 40:55D-45. Except as may be inconsistent with this Part
4 all remaining provisions of the Part
8 (Subdivision of Land), Part
6 (Site Plan Review) and Part
9 (Zoning) shall govern and control in the processing, review and approval of a planned residential development. The following procedures shall also apply.
Final site plan approval by the Joint Planning Board shall constitute the specific land use, extent and intensity of development permitted by Part
9, Zoning, of this chapter. No building permit shall be issued prior to final site plan approval without written authorization of the Joint Planning Board, execution of the developer's agreement and filing and approval of performance guaranties.
All provisions of Part
1, Land Use Generally, of this chapter, regarding site plan and subdivision approval shall be deemed applicable to planned residential developments unless the context clearly renders such procedures, standards or requirements inapplicable or unless specifically waived or modified by the Joint Planning Board.
In order to encourage and promote flexibility
and economy in layout and design, the following additional procedures
shall apply:
A. Within 90 days of the date of the application for
site plan approval, the Joint Planning Board shall inform the applicant,
in writing, as to whether filing requirements for preliminary approval
have been met. If so, the application shall be deemed complete. Within
45 days of such certification by the Joint Planning Board of the completed
application, the Joint Planning Board shall hold a public hearing
thereon and shall grant preliminary approval with or without conditions
or deny the proposed site plan. Should the Joint Planning Board disapprove
the site plan at the preliminary stage, the applicant may reapply
with a revised or modified proposal. The purpose of said preliminary
application, which may be in tentative form for discussion purposes,
shall be to promote mutual agreement between the applicant and the
Joint Planning Board on the basic scheme of the planned development
and to set direction for the required additional review and agreements
leading to final site plan approval.
B. The information required hereby and by Part
6, Site Plan Review, of this chapter, for preliminary approval shall be submitted in tentative form for discussion purposes. Such information shall include preliminary architectural floor plans and building facades and elevations. If the Joint Planning Board finds said application to be not in accordance with the Planned Development District requirements or if the Joint Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. Preliminary approval shall authorize the applicant to submit an application for final approval.
C. Within three years from the date of preliminary approval,
with or without conditions, the applicant may submit a complete application
for final approval in compliance with the conditions and stipulations
established by the Joint Planning Board in granting preliminary approval.
Within 45 days after submission of a complete final application, the
Joint Planning Board, if it determines that a further exploration
of facts would be in the public interest, shall have the power to
hold a public hearing and shall grant final site plan approval with
or without conditions or shall deny the application. In making its
determination, the Joint Planning Board may permit deviations, not
deemed by the Joint Planning Board to be substantial, from the conditions
of preliminary approval necessitated by changed conditions or circumstances
of the developer since the date of preliminary approval. If it determines
that substantial changes in the terms of approval are required, the
Joint Planning Board may grant the same, but in such case a public
hearing shall be required to be held on notice, as in the case of
preliminary approval.
D. In the course of site plan approval, the Joint Planning
Board may allow for or permit greater or lesser concentrations of
density or intensity of land use within a section or sections of development
than in others, provided that the maximum density provided for the
district as a whole is not exceeded.
E. Prior to or as a condition of final approval, the
Joint Planning Board shall set forth any requirements for timing of
development among the various types of uses and subgroups.
Prior to approval of a planned development,
the Joint Planning Board shall find, pursuant to N.J.S.A. 40:55D-45,
that:
A. Any departures by the proposed development from zoning
regulations otherwise applicable to the subject property conform to
and comply with Part 9, Zoning, standards established for the Planned
Development District within which the subject property is located.
B. Any common open space designated on the site plan
has been adequately reserved as to amount, location, purpose, ownership
and maintenance for the use and benefit of the owners or residents
in the planned development and that the proposed common open space,
if adequate, and the proposals for maintenance and conservation of
said common open space are reliable.
C. The physical design proposed for public services,
vehicular and pedestrian traffic control and the amenities of light
and air, recreation and visual enjoyment, all created by the interrelationship
of these development aspects and other requirements of site plan review,
will result in an adequate development.
D. There will be no unreasonable, adverse impact upon
the neighborhood in which the planned development is proposed to be
established.
E. In cases of developments contemplating construction
over a period of years, the terms and conditions intended to protect
the interests of the public and of the residents, occupants and owners
of the proposed development in its total completion are adequate.