[Amended 12-22-2015 by Ord. No. O-15-26]
A.
Planning Board approval. The Planning Board shall
approve subdivision plats by resolution as a condition for filing
such plats with the Monmouth County recording officer, and the approval
of site plans by resolution of the Planning Board is deemed a condition
for issuance for a permit for any development except that subdivision
or individual lot applications for detached one- or two-family dwelling
unit buildings shall be exempt from site plan review and approval.
B.
Referral to Planning Board. Prior to the hearing on adoption of an ordinance providing for Planning Board approval of either subdivisions or site plans or both or any amendment thereto, the Township Committee shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to § 190-18 of this chapter.
C.
Referral to County Planning Board. Each application
for subdivision approval, and each application for site plan approval
for land development along a county road shall be submitted to the
Monmouth County Planning Board for review or approval, as required,
and the Township Planning Board shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the Monmouth County Planning Board or approval by the Monmouth
County Planning Board by its failure to report thereon within 30 days
of submittal.
D.
New Jersey Residential Site Improvement Standards.
The New Jersey Residential Site Improvement Standards approved on
January 6, 1997, and effective June 3, 1997, prepared in accordance
with N.J.S.A. 40:55D-40.4 and contained in the New Jersey Administrative
Code under N.J.A.C. 5:21 et seq. are hereby adopted by reference.
At the request of the developer, the Planning Board shall grant an informal review of a concept/plan for a development for which the developer intends to prepare and submit an application for development. The developer shall be required to submit application fees for such an informal review; however, any such amount paid shall be credited against fees to be paid when formal application is made. In the event no formal application is made, the nonrefundable fees provided for in § 190-10 of this chapter shall not be refunded. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be found by any such review. The Forester may participate in this informal review to assist the developer in minimizing the number of trees removed from the site.
[Amended 12-22-2015 by Ord. No. O-15-26]
When reviewing an application for residential
development, the Planning Board shall comply with the procedures and
standards contained in the New Jersey Residential Site Improvement
Standards prepared in accordance with N.J.S.A. 40:55D-40.4 and contained
in the New Jersey Administrative Code under N.J.A.C. 5:21 effective
June 3, 1997, which are hereby adopted by reference. When reviewing
any other type of application for development, the Planning Board
shall ensure:
A.
That the layout or arrangement of the subdivision
or land development is consistent with the requirements of the zoning
provisions of this chapter;
B.
Streets within the subdivision or land development
are of sufficient width and suitable grade and location to accommodate
prospective traffic and provide access for fire-fighting and emergency
equipment to buildings and so coordinate it as to compose a convenience
system consistent with the Official Map and the traffic circulation
elements of the Master Plan; provided, however, that no street of
a width greater than 50 feet within the right-of-way line shall be
required by any developer unless said street constitutes an extension
of an existing street of the greater width or has already been shown
on the Master Plan or the Official Map at a greater width;
C.
That there is adequate water supply, drainage, shade
trees, sewerage facilities and other utilities necessary for essential
services to residents and occupants; that areas reserved for public
use are of suitable size, shape and location; that requirements of
floodplain ordinances and statutes are met; that the provisions of
Township ordinances relating to protection and conservation of soils
from erosion by wind or rain or from excavation or grading are complied
with; that there is the preservation of existing natural resources
including trees, on the site; screening, that there is appropriate
landscaping and location of structures, exterior lighting needed for
safety reasons in addition to any requirements for streetlighting.
D.
Off-tract water, sewer, drainage and street improvements which are necessitated by a subdivision of land development shall be installed by the developer or contribution made therefor in accordance with § 190-64 et seq. and the municipal Master Plans adopted in regard thereto.
E.
The Planning Board shall not approve any application
unless there is proof that there are not taxes or assessments for
local improvements due or delinquent or any other Township liens on
the property for which any subdivision, site plan or planned development
application is made.
F.
Compliance with any consumer protection ordinance
related to the sale of property or homes by conditioning any approvals
upon such compliance.
G.
The Forester, in consultation with the Shade Tree
Commission, shall act in an advisory capacity to the Planning Board
on all applications. The Forester shall advise the Planning Board
as whether the developer has taken the steps necessary to preserve
existing trees on the site to the maximum extent practicable.
H.
The development conforms with requirements of the
New Jersey Department of Environmental Protection in terms of freshwater
wetlands and wetlands transition areas, stream encroachment and floodplains.
A.
Applicability. These provisions shall apply to any
development of a parcel of land greater than 100 acres in size for
which the developer is seeking approval of a planned commercial or
industrial development and to developments within zone districts which
specifically provide for general development plan approval as a condition
of approval. Site plans for planned developments shall conform to
the requirements for conventional site plans as well as to the requirements
for planned developments. In the event of a conflict, the planned
development requirements shall supersede the site plan requirements.
B.
General review provisions.
(1)
The Planning Board shall review all applications for
approval of a general development plan, pursuant to N.J.S.A. 40:55D-45
et seq.
(2)
Approval of a general development plan shall be by
resolution of the Planning Board.
(3)
The Planning Board shall not approve a general development
plan unless the Planning Board makes the following findings of fact
and conclusions:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards of this Chapter 190.
(b)
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate.
(c)
That provisions through the physical design
of the proposed development for public services, control over vehicular
and pedestrian traffic, and the amenities of light, air, and visual
enjoyment are adequate.
(d)
That the proposed planned development will not
have an unreasonably adverse impact upon the area in which it is proposed
to be established.
(e)
That, in the case of a proposed development,
which contemplates construction over a period of years, the terms
and conditions intended to protect the interests of the public and
of the occupants and owners of the proposed development in the total
completion of the development are adequate.
(4)
The Planning Board shall grant or deny general development
plan approval within 95 days after submission of a complete application
to the administrative officer, or within such further time as may
be consented to by the applicant. Failure of the Planning Board to
act within said ninety-five-day period prescribed shall constitute
general development plan approval of the planned development.
(5)
The Planning Board shall, in connection with the approval
of a general development plan, determine the duration of the effect
of such approval, said duration not to exceed seven years, based upon
the following considerations, regarding which the Planning Board shall
make specific findings of fact:
(a)
The amount of floor area to be constructed;
(b)
Prevailing economic conditions;
(c)
The timing schedule to be followed in completing
the development and the likelihood of its fulfillment;
(d)
The developer's capability of completing the
proposed development;
(e)
The contents of the general development plan;
and
(f)
The conditions attached to the approval of the
general development plan.
(6)
In the event that a development which is the subject
of an approved general development plan is completed before the end
of the term of the approval, the approval shall terminate with the
completion of the development. For the purposes of this section, a
development shall be considered complete on the date upon which a
certificate of occupancy has been issued for the final structure in
the last section of the development in accordance with the timing
schedule set forth in the approved general development plan and the
developer has fulfilled all of his obligations pursuant to the approval.
C.
Submittal procedure. The applicant shall submit a
complete application to the administrative officer. An application
for development shall be complete for purposes of commencing the applicable
time period for action by a municipal agency when so certified by
the municipal agency or its authorized committee or designee. In the
event that the agency, committee or designee does not certify the
application to be complete within 45 days of the date of its submission,
the application shall be deemed complete upon the expiration of the
forty-five-day period for purposes of commencing the applicable time
period unless:
(1)
The application lacks information indicated on a checklist
adopted by ordinance and provided to the applicant; and
(2)
The municipal agency or its authorized committee or
designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
E.
Amendments to approved general development plans.
(1)
In the event that the developer seeks to modify the
proposed timing schedule, such modification shall require the approval
of the Planning Board. The Planning Board shall, in deciding whether
or not to grant approval of the modification, take into consideration
prevailing economic and market conditions, anticipated and actual
needs for space within Freehold Township and the region, and the availability
and capacity of public facilities to accommodate the proposed development.
(2)
In the event that the developer wishes to make any
variation in the location of land uses within the planned development
or to increase the floor area ratio of the planned development or
any section of the planned development, such modification shall require
the approval of the Planning Board. Any variation in the location
of land uses or increase in floor area ratio proposed in reaction
to a negative decision of, or condition of development approval imposed
by the Department of Environmental Protection pursuant to N.J.S.A.
13:19-1 et seq., shall be approved by the Planning Board if the developer
can demonstrate, to the satisfaction of the Planning Board, that the
variation being proposed is a direct result of such determination
by the Department of Environmental Protection.
(3)
A developer may, without further application to the
Planning Board, in undertaking any section of the planned development,
reduce the amounts of floor space by no more than 15% or reduce the
floor area ratio by no more than 15% in the section. In no event shall
the total floor area for the general development plan, as approved,
be increased without Planning Board approval.
F.
Miscellaneous provisions.
(1)
Upon the completion of each section of the development
as set forth in the approved general development plan, the developer
shall notify the administrative officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purposes of this section, "completion" of any section
of the development shall mean that the developer has acquired a certificate
of occupancy for each structure, as set forth in the approved general
development plan. If the administrative officer does not receive such
notification at the completion of any section of the development,
the administrative officer shall notify the developer, by certified
mail, in order to determine whether the terms of the approved plan
are being complied with. If a developer does not complete any section
of the development within eight months of the date provided for in
the approved plan, or if at any time the administrative officer has
cause to believe that the developer is not fulfilling his obligations
pursuant to the approved plan, the administrative officer shall notify
the developer, by certified mail, and the developer shall have 10
days within which to give evidence that he is fulfilling his obligations
pursuant to the approved plan. The Planning Board thereafter shall
conduct a hearing to determine whether or not the developer is in
violation of the approved plan. If, after such a hearing, the Planning
Board finds good cause to terminate the approval, it shall provide
written notice of same to the developer and the approval shall be
terminated 30 days thereafter.
(2)
In the event that a developer who has general development
plan approval does not apply for preliminary approval for the planned
commercial or planned industrial development which is the subject
of that general development plan approval within five years of the
date upon which the general development plan has been approved by
the Planning Board, the Planning Board shall have cause to terminate
the general development plan approval.
