[Added 12-8-2005 by Ord. No. 1949]
The Planning Board shall find:
A.
That departures by the proposed development from development
regulations, including redevelopment plans that may overlay or supersede
such development regulations, otherwise applicable to the subject
property, conform to the development ordinance standards pursuant
to N.J.S.A. 40:55D-65 or the standards set forth in any redevelopment
plan adopted pursuant to N.J.S.A. 40A:12A-1 et seq.
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 provision, through the physical design of the
proposed development, for public services, control over vehicular
and pedestrian traffic, and the amenities of light and air, recreation
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.
In the case of a proposed development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate.
A.
The general development plan shall set forth the permitted
number of dwelling units, the amount of nonresidential floor space,
the residential density, and the nonresidential floor area ratio for
the planned development, in its entirely, according to a schedule
which sets forth the timing of the various sections of the development.
B.
The planned development shall be developed in accordance
with the general development plan approved by the Planning Board,
notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1
et seq.), or an ordinance or regulation adopted pursuant thereto after
the effective date of the approval.
C.
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection D of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
D.
In making its determination regarding the duration
of the effect of approval of the development plan, the Planning Board
shall consider: the number of dwelling units or amount of nonresidential
floor area to be constructed, prevailing economic conditions, the
timing schedule to be followed in completing the development and the
likelihood of its fulfillment, the developer's capability of completing
the proposed development, and the contents of the general development
plan and any conditions which the Planning Board attaches to the approval
thereof.
E.
The general development plan and any amendments thereto shall overlay
(not supersede) the Borough's Land Development Regulations and Zoning
Code unless specifically noted, and the general redevelopment plan
and any amendments thereto are applicable to the Porete Avenue Redevelopment
Area.
[Added 6-11-2009 by Ord.
No. 2025]
A.
Any developer of a parcel of land greater than 100
acres in size for which the developer is seeking approval of a planned
development pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.)
may submit a general development plan to the Planning Board prior
to the granting of preliminary approval of that development by the
Planning Board pursuant to Section 34 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-46) or Section 36 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-48).
B.
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 the period prescribed shall constitute general development
plan approval of the planned development.
A.
The applicant shall submit a general development plan
for the entire tract. The general development plan shall set forth:
the permitted number of dwelling units, the amount of nonresidential
floor space, the residential density, and the nonresidential floor
area ratio for the planned development, in its entirety, according
to a schedule which sets forth the timing of the various sections
of the development. Subject to the provisions hereof and of other
applicable law, the development shall be developed in accordance with
the general development plan approved by the Planning Board, notwithstanding
any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-45.2), or an ordinance
or regulation adopted pursuant thereto after the effective date of
approval.
B.
The applicant shall file an application form for a general development plan and pay applicable fees as set forth in the development regulation ordinance of the Borough of North Arlington. The application submission shall conform to § 205-117 as set forth hereinafter.
C.
In making its determination regarding the duration
of the effect of approval of the general development plan, the Planning
Board shall consider the following:
(1)
Amount of nonresidential floor area to be constructed;
(2)
Prevailing economic conditions;
(3)
The timing schedule to be followed in completing
the development and the likelihood of its fulfillment;
(4)
The developer's capability of completing the
proposed development and the contents of the general development plan
and any conditions which the Planning Board attaches to the approval
thereof.
D.
The term of the effect of the general development
plan shall be determined by the Planning Board using the guidelines
set forth in this section, except that the term of the effect of the
approval shall not exceed 20 years from the date upon which the developer
receives final approval of the first section of the development. Upon
the expiration of the initial term and for good cause, the Planning
Board may grant extensions of the term up to the maximum term permitted
by P.L. 1975, c. 291 (N.J.S.A. 40:55D-39).
A general development plan application shall
include such information as is reasonably necessary to disclose the
following:
A.
A general land use plan at a scale specified by ordinance
indicating the tract area and general locations of the land uses to
be included in the planned development. The total number of dwelling
units and amount of nonresidential floor area to be provided and proposed
land area to be devoted to residential and nonresidential use shall
be set forth. In addition, the proposed types of nonresidential uses
to be included in the planned development shall be set forth, and
the land area to be occupied by each proposed use shall be estimated.
The density and intensity of use of the entire planned development
shall be set forth, and a residential density and a nonresidential
floor area ratio shall be provided;
B.
A circulation plan showing the general location and
types of transportation facilities, including facilities for pedestrian
access, within the planned development and any proposed improvements
to the existing transportation system outside the planned development;
C.
An open space plan showing the proposed land area
and general location of parks and any other land area to be set aside
for conservation and recreational purposes and a general description
of improvements proposed to be made thereon, including a plan for
the operation and maintenance of parks and recreational lands;
D.
A utility plan indicating the need for and showing
the proposed location of sewage and water lines, any drainage facilities
necessitated by the physical characteristics of the site proposed
methods for handling solid waste disposal, and a plan for the operation
and maintenance of proposed utilities;
E.
A stormwater management plan setting forth the proposed
method of controlling and managing stormwater on the site;
F.
An environmental inventory including a general description
of the vegetation, soils, topography, geology, surface hydrology,
climate and cultural resources of the site, existing man-made structures
or features and the probable impact of the development on the environmental
attributes of the site;
G.
A community facility plan indicating the scope and
type of supporting community facilities which may include, but not
be limited to, educational or cultural facilities, historic sites,
libraries, hospitals, firehouses, and police stations;
H.
A housing plan outlining the number of housing units
to be provided and the extent to which any housing obligation assigned
to the municipality pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301
et seq.) will be fulfilled by the development;
I.
A local service plan indicating those public services
which the applicant proposes to provide and which may include, but
not be limited to, water, sewer, cable and solid waste disposal;
J.
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by municipalities or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection K of this section, and following the completion of the planned development in its entirety;
K.
A proposed timing schedule in the case of a planned
development whose construction is contemplated over a period of years,
including any terms or conditions which are intended to protect the
interests of the public and of the residents who occupy any section
of the planned development prior to the completion of the development
in its entirety; and
L.
A municipal development agreement, which shall mean
a written agreement between a municipality and a developer relating
to the planned development.
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 residential units and nonresidential space within the municipality
and the region, and the availability and capacity of public facilities
to accommodate the proposed development.
A.
Except as provided hereunder the developer shall be
required to gain the prior approval of the Planning Board if, after
approval of the general development plan, the developer wishes to
make any variation in the location of land uses within the planned
development or to increase the density of residential development
or the floor area ratio of nonresidential development in any section
of the planned development.
B.
Any variation in the location of land uses or increase
in density or 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 P.L. 1973, c. 185
(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, as the
case may be.
A.
Except as provided hereunder, once a general development
plan has been approved by the Planning Board, it may be amended or
revised only upon application by the developer approved by the Planning
Board.
B.
A developer, without violating the terms of the approval
pursuant to this act, may, in undertaking any section of the planned
development, reduce the number of residential units or amounts of
nonresidential floor space by no more than 15% or reduce the residential
density or nonresidential floor area ratio by no more than 15%; provided,
however, that a developer may not reduce the number of residential
units to be provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301
et seq.), without prior municipal approval.
A.
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 every residential unit or every nonresidential structure,
as set forth in the approved general development plan and pursuant
to section 15 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-133). If the municipality
does not receive such notification at the completion of any section
of the development, the municipality shall notify the developer, by
certified mail, in order to determine whether or not the terms of
the approved plan are being complied with.
B.
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 municipality has cause to believe that
the developer is not fulfilling his obligations pursuant to the approved
plan, the municipality shall notify the developer, by certified mail,
and the developer shall have 10 days within which to give evidence
that he or she is fulfilling his obligations pursuant to the approved
plan. The municipality 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 municipality 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.
C.
In the event that a developer who has general development
plan approval does not apply for preliminary approval for the planned
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 municipality shall
have cause to terminate the approval.
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 residential
or nonresidential 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.