As and where permitted pursuant to this chapter and, specifically, Article
XI, the following shall be established prior to approval of any planned development:
A. That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-65c and Article
XI of this chapter;
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 and suitable;
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 and air, recreation, and visual enjoyment
are adequate and suitable;
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 and suitable.
General development plans shall be permitted in accordance with Article
XI and this section.
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 entirety, according to a schedule which sets forth the timing
of the various sections of the development. The planned development
shall be developed in accordance with the general development plan
approved by the Planning Board notwithstanding any provision of N.J.S.A.
40:55D-1 et seq., or an ordinance or regulation adopted pursuant thereto
after the effective date of the approval.
B. 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
C 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 N.J.S.A. 40:55D-1 et seq., and this article, and/or Article
XI.
C. 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.
A general development plan may include, but not be limited to,
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 areas 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 N.J.S.A. 52:27D-301 et al. 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 municipality 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.
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.
The developer shall be required to gain the prior approval of
the Planning Board if, after approval of the general 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.
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.
Preliminary approval of a major subdivision pursuant to N.J.S.A.
40:55D-48 or of a site plan pursuant to N.J.S.A. 40:55D-46 shall,
except as provided in Subsection D of this section, confer upon the
applicant the following rights for a three-year period from the date
on which the resolution of preliminary approval is adopted:
A. That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; and, in the
case of a site plan, any requirements peculiar to site plan approval
pursuant to N.J.S.A. 40:55D-41; except that nothing herein shall be
construed to prevent the Township from modifying by ordinance such
general terms and conditions of preliminary approval as relate to
public health and safety.
B. That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be.
C. That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that, if the design standards have been revised by ordinance,
such revised standards may govern.
D. In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections
A,
B, and
C of this section for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
E. Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection
C or
D of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
F. The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other government entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection
C or
D of this section.
[Amended. 6-24-2013 by Ord. No. 13-11]
A. Before recording of final subdivision plats or as a condition of
a final site plan approval for a major development project, the governing
body shall require and accept guarantees in accordance with the standards
of this chapter for the purpose of assuring the installation and maintenance
of on-tract improvements.
B. The furnishing of a performance guarantee shall be required for all
subdivisions which include public improvements or major development
projects which will have a disturbance area of one (1) acre or more.
The performance guarantee shall be in favor of the Township in an
amount not to exceed 120% of the cost of installation of improvements
which the approving authority may deem necessary or appropriate. Said
improvements shall include but not be limited to streets, grading,
pavement, gutters, curbs, sidewalks, street lighting, shade trees,
surveyor's monuments, as shown on the final map and required by the
Map Filing Law, N.J.S.A. 46:23-9.9 et seq., water mains, culverts,
storm sewers, sanitary sewers or other means of sewage disposal, drainage
structures, erosion control and sedimentation control devices, public
improvements of open space and, in the case of site plans only, other
on-site improvements and landscaping. The itemized cost estimate for
the improvements covered by the performance guarantee shall be prepared
by the Township Engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4.
C. A maintenance guarantee shall be posted with the governing body for
improvements constructed as part of subdivision or development projects
which are deemed public improvements or are in the interest of the
governing body to assure proper post-construction maintenance. Said
maintenance guarantee shall be for a period not to exceed two years
after final acceptance of the improvement, in an amount not to exceed
15% of the cost of the improvement, which cost shall be determined
by the Township Engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4.
D. In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Township for such utilities or improvements.
E. The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the governing
body by resolution. As a condition or as part of any such extension,
the amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation, which cost shall be determined by the Township Engineer
according to the method of calculation set forth in N.J.S.A. 40:55D-53.4
as of the time of the passage of the resolution.
F. If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Township for the reasonable cost of the improvements
not completed or corrected and the Township may, either prior to or
after receipt of the proceeds thereof, complete such improvements.
Such completion or correction of improvements shall be subject to
the public bidding requirements of the Local Public Contracts Law,
N.J.S.A. 40A:11-1 et seq.
G. Inspection and list of uncompleted or unsatisfactory improvements.
(1) Upon substantial completion of all required street improvements (except
for the roadway surface course paving) and appurtenant utility improvements,
the obligor may request of the governing body in writing (by certified
mail addressed in care of the Township Clerk) that the Township Engineer
prepare an updated itemized cost estimate and that the performance
guarantee be appended to include only the uncompleted or unsatisfactory
completed improvements that exist at the time of the request. If such
a request is made, the obligor shall send a copy of the request to
the Township Engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor. Thereupon the Township Engineer shall inspect
all improvements covered by the obligor's request and shall file a
detailed list and report, in writing, with the governing body, and
shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
(2) The list prepared by the Township Engineer shall state, in detail,
with respect to each improvement determined to be incomplete or unsatisfactory,
the nature and extent of the incompleteness of each incomplete improvement.
The report prepared by the Township Engineer shall identify each improvement
determined to be complete and satisfactory together with a recommendation
as to the amount of reduction to be made in the performance guarantee
that has been posted.
H. Approval or rejection of improvements.
(1) The governing body, by resolution, shall either approve the improvements
determined to be complete and satisfactory by the Township Engineer,
or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection. The governing body shall
also approve and authorize the amount of reduction to be made in the
performance guarantee relating to the improvements accepted, in accordance
with the itemized cost estimate prepared by the Township Engineer.
This resolution shall be adopted not later than 45 days after receipt
of the list and report prepared by the Township Engineer. Upon adoption
of the resolution by the governing body, the obligor shall be released
from all liability pursuant to its performance guarantee, with respect
to those approved improvements, except for that portion adequately
sufficient to secure completion or correction of the improvements
not yet approved; provided that 30% of the amount of the performance
guarantee posted may be retained to ensure completion of all acceptability
of all improvements.
(2) If the Township Engineer fails to send or provide the list and report as requested by the obligor within 45 days from receipt of the request, the obligor may apply to court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the governing body fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court, in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection
A of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(3) In the event that the obligor has made a cash deposit with the Township
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee.
I. If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete or correct such improvements,
and, upon completion or correction, the same procedure of notification,
as set forth in this section, shall be followed.
J. Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
governing body or the Township Engineer.
K. The obligor shall reimburse the Township for all reasonable inspection
fees paid to the Township Engineer for the foregoing inspection of
improvements; provided that the Township may require of the developer
a deposit for the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, which cost shall be determined pursuant to N.J.S.A.
40:55D-53.4. For those developments for which the reasonably anticipated
fees are less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited by a developer
shall be 50% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Township Engineer for inspection, the developer shall
deposit the remaining 50% of the anticipated inspection fees. For
those developments for which the reasonably anticipated fees are $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited by a developer shall be
25% of the reasonably anticipated fees. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the Township Engineer for inspection, the developer shall make additional
deposits of 25% of the reasonably anticipated fees. The Township Engineer
shall not perform any inspection if sufficient funds to pay for those
inspections are not on deposit.
L. In the event that final approval is by stages or sections of development,
the provisions of this section shall be applied by stage or section.
M. To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection
A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
No maintenance guaranty required pursuant to N.J.S.A. 40:55D-53
need be in cash, nor need more than 10% of a performance guaranty
pursuant to that section be in cash. A developer may, however, provide
at his option some or all of a maintenance guaranty in cash, or more
than 10% of a performance guaranty in cash.
The approving authority shall, for the purposes of N.J.S.A.
40:55D-53, accept a performance guaranty or maintenance guaranty which
is an irrevocable letter of credit if it:
A. Constitutes an unconditional payment obligation of the issuer running
solely to the municipality for an express initial period of time in
the amount determined pursuant to N.J.S.A. 40:55D-53.
B. Is issued by a banking or savings institution authorized to do and
doing business in this state;
C. Is for a period of time at least one year; and
D. Permits the Township to draw upon the letter of credit if the obligor
fails to furnish another letter of credit which complies with the
provisions of this section 30 days or more in advance of the expiration
date of the letter of credit or such longer period in advance thereof
as is stated in the letter of credit.
The cost of the installation of improvements for the purposes
of N.J.S.A. 40:55D-53 shall be estimated by the Township Engineer
based on documented construction costs for public improvements prevailing
in the general area of the Township. The developer may appeal the
Township Engineer's estimate to the governing body. The governing
body shall decide the appeal within 45 days of receipt of the appeal
in writing by the Township Clerk. After the developer posts a guaranty
with the Township based on the cost of the installation of improvements
as determined by the governing body, he may institute legal action
within one year of the posting in order to preserve the right to a
judicial determination as to the fairness and reasonableness of the
amount of the guaranty.
If the Planning Board includes, as a condition of approval of
an application for development pursuant to N.J.S.A. 40:55D-1 et seq.,
the installation of streetlighting on a dedicated public street connected
to a public utility, then upon notification in writing by the developer
to the Planning Board and governing body that the streetlighting on
a dedicated public street has been installed and accepted for service
by the public utility and that certificates of occupancy have been
issued for at least 50% of the dwelling units and 50% of the floor
area of the nonresidential uses on the dedicated public street or
portion thereof indicated by section pursuant to N.J.S.A. 40:55D-38,
the Township shall, within 30 days following receipt of the notification,
make appropriate arrangements with the public utility for, and assume
the payment of, the costs of the streetlighting on the dedicated public
street on a continuing basis. Compliance by the Township with the
provisions of this section shall not be deemed to constitute acceptance
of the street by the Township.
This article and all development regulations pursuant hereto
and to this chapter shall be construed and applied with reference
to the nature and use of a condominium or cooperative structures or
uses without regard to the form of ownership. No development regulation
shall establish any requirement concerning the use, location, placement
or construction of buildings or other improvements for condominiums
or cooperative structures or uses unless such requirement shall be
equally applicable to all buildings and improvements of the same kind
not then or thereafter under the condominium or cooperative corporate
form of ownership. No approval pursuant to this chapter shall be required
as a condition precedent to the recording of a condominium master
deed or the sale of any unit therein unless such approval shall also
be required for the use or development of lands described in the master
deed in the same manner had such lands not been under the condominium
form of ownership.