[Added 3-17-1998 by Ord. No. 98-6]
The intention of this article is to provide
a procedure for review, consideration, hearings and approval of larger
developments served by public water and sewage disposal in limited
areas of the Township, which may take significant time to be completed
and which may have significant effects on public services. The procedure
herein contemplated, consistent with state statute, may afford a developer
a generalized and conditional approval lasting a number of years and
accord the Township assurance regarding facilities to serve and whose
needs arise from the development, while at the same time recognizing
the need to accommodate the subsequent and more definitive plans for
the development to more particularized plans generated by the developer,
to limitations of the property involved and the impact on such particularized
plans of Township ordinances and county, state and federal law.
A.
The provisions of this article, permitting general
development plan approval, shall be applicable to proposed development
and to a tract of land meeting all of the following requirements:
B.
An application as to a tract and development conforming
to the foregoing requirements may be submitted to the Land Use Board
and considered for general development plan approval pursuant to this
article.
[Amended 3-20-2001 by Ord. No. 01-2]
[Amended 3-20-2001 by Ord. No. 01-2]
A.
A developer entitled to submit a general development plan may submit the same conforming to the requirements of § 64-41, to the Land Use Board for approval. The plan shall be submitted in plat form.
B.
The material submitted to the Land Use Board for general
development plan approval shall meet the standards of this article
and shall contain the following specific submissions and information:
(1)
The information required by Checklist G adopted by
this article.[1]
[1]
Editor's Note: Checklist G is included at the end of this chapter.
(2)
A general development plan land use report setting
forth the information specified on Checklist G, but also including
the following:
(a)
The proposed number of dwelling units.
(b)
The amount of nonresidential floor area.
(c)
The residential density and the nonresidential
floor area ratio for the planned development in its entirety.
(d)
The size of the site in acres, location of the
site and a general description of land adjacent to the site within
200 feet, along with all building areas, streets, parking areas, pedestrian
and/or bicycle pathways, areas of common open space or restricted
open space, types and numbers of dwelling units, location of community
facilities and/or structures and the location of all nonresidential
building areas.
(3)
A key map at a scale of not less than one inch equals
800 feet showing the location of the site and its relationship to:
(a)
Elementary and secondary schools.
(b)
Firehouses.
(c)
Police stations.
(d)
Arterial and limited access highways.
(e)
Recreational areas.
(f)
Shopping and industrial areas.
(g)
Major public buildings and facilities.
(h)
Existing land uses within 200 feet of the site.
(i)
Existing zoning of the site and properties located
within 500 feet of the site.
(4)
A circulation plan at a scale of not less than one
inch equals 200 feet and report showing all information required by
Checklist G,[2] but also containing the general location and types of
transportation facilities, including facilities for pedestrian access
within the development and any proposed improvements to the existing
transportation system outside of the planned unit development, and
including the possible impacts on the roadways and intersections serving
the site, stating the anticipated traffic trips, capacity of the identified
intersections and an evaluation of the ability of each intersection
to accept the projected generations. These shall be prepared by a
licensed professional engineer with a complete explanation and documentation
of the method used.
[2]
Editor's Note: Checklist G is included at the end of this chapter.
(5)
An open space plan at a scale of not less than one
inch equals 200 feet and report showing all information required by
Checklist G,[3] but also containing the proposed land area and general
location of parks and other land areas to be set aside for conservation
and recreational purposes, together with a description of the improvements
proposed to be made thereon and for the operation of maintenance thereof.
[3]
Editor's Note: Checklist G is included at the end of this chapter.
(6)
A utility plan at a scale of not less than one inch
equals 200 feet and report containing the information required by
Checklist G,[4] but also demonstrating the need for and the proposed location
of all physical systems, including sewage and water lines, drainage
facilities, fire hydrants, proposed stormwater control and transmission
devices, the proposed method of handling solid waste disposal, including
recycling, and a plan for the operation and maintenance of the proposed
utilities. This report shall include an evaluation indicating the
amount of water to be demanded (including fire demand) and the amount
of sewage effluent to be generated by the development. These amounts
shall be computed to the ability of existing sewer and water systems
to absorb the development demands. If the systems do not have capacity
or do not presently exist, an explanation shall be provided as to
how these generations and demands shall be met.
[4]
Editor's Note: Checklist G is included at the end of this chapter.
(7)
A stormwater management plan at a scale of not less
than one inch equals 200 feet and report containing the information
required by Checklist G,[5] but also setting forth the proposed method of controlling and managing stormwater, such as swales, retention/detention ponds, culverts, etc., on the site. This plan shall include an evaluation indicating the portion of the site estimated to be covered with impervious coverage expressed in acres and percentage of the total site, a determination of stormwater runoff for the site in an unimproved condition for a twenty-five-year frequency, and when required by § 64-31 of the Township Code, the one-hundred-year storm frequency, using the methodology described in said § 64-31 and showing compliance with said § 64-31. A statement of what improvements are proposed for the site to meet the Township standard in peak stormwater discharge shall be included. A complete explanation and documentation of methods and data used shall be included in the report.
[5]
Editor's Note: Checklist G is included at the end of this chapter.
(8)
An environmental inventory report of the site containing
the information required by Checklist G,[6] but also including a general description of the vegetation,
soils, topography, geology, surface hydrology, climate and cultural
resources of the site, drainage, floodplains, marshes and woodlands,
existing manmade structures or features and the probable impact of
the development on the environmental attributes of the site and the
surrounding area.
[6]
Editor's Note: Checklist G is included at the end of this chapter.
(9)
A community facility plan at a scale of not less than
one inch equals 200 feet and report containing the information required
by Checklist G,[7] but also indicating the scope and type of supporting community
facilities which may include but not be limited to education or cultural
facilities, historic sites, libraries, hospitals, firehouses and police
stations.
[7]
Editor's Note: Checklist G is included at the end of this chapter.
(10)
A fiscal impact report containing the information
required by Checklist G,[8] but also describing the anticipated demand on municipal
services to be generated by the planned unit development and any other
financial impacts to be faced by the municipality or school districts
as a result of the completion of the planned unit development. The
fiscal report shall also include a detailed projection of the property
tax revenues which will accrue to the county, municipality and school
district according to the timing schedule provided as previously required
in this section and following the completion of the planned unit development
in its entirety. Further, this analysis shall provide a phasing schedule
indicating that at no time during the development of the project will
a net negative tax ratio accrue to the Township.
[8]
Editor's Note: Checklist G is included at the end of this chapter.
(11)
A schedule setting forth the timing of the various
sections of the planned development, which shall not exceed 10 years
from the date upon which the developer receives approval of the first
section in accordance with the provisions of N.J.S.A. 40:55D-45.1.
Such timing schedule shall contain the information required by Checklist
G,[9] but shall also state, where construction is contemplated
over a period of years, any terms or conditions which are intended
to protect the interest of the public and of the residents who occupy
any section of the planned unit development prior to the completion
of the development in its entirety. This timing schedule shall be
in a sketch plan form and narrative form and contain specific notations
identifying the total number of various unit types, community facilities
and/or structures in each phase and the square footage of nonresidential
uses in each phase. It shall also include the number of phases anticipated,
anticipated number and type of dwelling units by phase, anticipated
square footage of nonresidential uses in each phase, the anticipated
value of real estate in each phase and the community facilities and/or
structures in each phase. It shall provide for the development of
a golf course as part of the first phase.
[9]
Editor's Note: Checklist G is included at the end of this chapter.
(12)
A proposed municipal development agreement to
be entered into between the Township and the developer containing
the provisions required by Checklist G,[10] but also setting forth any details of staging, installation
of utilities and other appropriate undertakings.
[10]
Editor's Note: Checklist G is included at the end of this chapter.
C.
The Land Use Board shall review the submission for
general development plan approval for completeness within 45 days
of its submission and shall, within such time, either certify that
the application for such approval is complete or shall certify that
it is not complete and specify the areas in which the application
is lacking. In the event that the Land Use Board does not make a certification
as to completeness within such forty-five-day period, the application
shall be deemed complete upon the expiration of the forty-five-day
period for the purposes of commencing the applicable time period for
review of the approval request. In accordance with N.J.S.A. 40:55D-10.3,
nothing herein shall be construed as diminishing the applicant's obligation
to prove in the application process that the applicant is entitled
to approval of the application. The Land Use Board may subsequently
require correction of any information found to be in error and submission
of additional information not specified in this chapter or any revisions
in the accompanying documents as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
general development plan approval have been met. However, the application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
Land Use Board.
D.
A public hearing upon due notice shall be held on
the complete application for general development plan approval in
the manner required for applications for development under the Municipal
Land Use Law[11] and in accordance with other provisions of this chapter.
[11]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
In considering the application, the Land Use Board shall address whether the general development plan proposed complies, insofar as can be determined from the materials submitted, with the other provisions of this chapter and Chapter 123 of this Code and shall make findings of fact, including but not limited to the following:
(1)
That, after reviewing the general development plan
and other material submitted, the total number of dwelling units proposed
is permitted under the other provisions of this Code and applicable
county and state regulations, and that there is a reasonable expectation
that such number of dwelling units can be constructed in accordance
with such other provisions and regulations.
(2)
That, after reviewing the general development plan
and other material submitted, the amount of nonresidential development
proposed is permitted under the other provisions of this Code and
under applicable county, state and federal regulations, that the proposed
location thereof is reasonable to service the project and the surrounding
community, and that there is a reasonable expectation that such amount
of nonresidential development can be constructed in accordance with
such other provisions and regulations.
(3)
That the circulation pattern proposed adequately could
service the project and, based upon the information submitted, can
be constructed in accordance with other provisions of this Code and
applicable county and state regulations.
(4)
That the utilities plan submitted shows that adequate
utilities will be available for the project, and that the general
location and pattern of installation of these utilities will adequately
service the project and will conform to other provisions of this Code,
any applicable wastewater management plan and applicable county, state
and federal regulations.
(5)
That the drainage and stormwater management plan submitted
adequately address drainage and stormwater management, that the drainage
structures shown are of sufficient size to be reasonably expected
to accommodate necessary stormwater detention, all in accordance with
other provisions of this Code and applicable county, state and federal
regulations.
(6)
That the timing schedule submitted will result in
the construction of the project in an orderly manner, with adequate
utilities, circulation and other services for portions of the project
completed as it proceeds and with minimum impact to adjacent properties.
A.
After reviewing the information submitted by the applicant,
the Land Use Board shall take action to grant or deny general development
plan approval within 95 days after certification of the submission
of a complete application or within such further time as may be consented
to in writing by the applicant. The failure of the Land Use Board
to act within the prescribed time period shall constitute approval
of the general development plan.
B.
If, after reviewing the material submitted by the
applicant and hearing on the application, the Land Use Board is satisfied
that, insofar as can be determined from the material submitted, the
proposed development complies with the provisions of this Code, and
relevant county, state and federal regulations, the Land Use Board
shall approve the general development plan. Such approval shall set
forth those aspects of the general development plan which have been
reviewed and approved. The items so approved will be determined by
the extent of the information provided by the applicant, but the approval
shall include, as applicable to the development proposed:
(1)
The total number of dwelling units.
(2)
The amount of nonresidential development.
(3)
The circulation pattern.
(4)
The utilities plan.
(5)
The drainage plan.
(6)
Critical and other areas that will not be developed.
(7)
Common areas, including common open space.
(8)
The timing schedule, and term of effect of the general
development plan approval which shall not exceed 10 years from the
date upon which the developer receives final approval of the first
section of the planned development which is the subject of the general
development plan. In making its determination regarding the duration
of the effect of the general development plan approval, the Land Use
Board, in accordance with N.J.S.A. 40:55D-45.1c, 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 Land Use Board attaches to the approval thereof.
C.
Any general development plan approval shall be specifically
conditioned upon preliminary and final subdivision and/or site plan
approval subsequently being obtained for the development, either as
a whole or in stages, conforming to the timing schedule and other
provisions of the general development plan and the developer obtaining
any and all other governmental approvals and permits required for
the development.
A.
In accordance with N.J.S.A. 40:55D-45.1a, the planned
development for which general development plan approval has been given
shall be developed in accordance with its approved general development
plan notwithstanding any provision in the Municipal Land Use Law,[1] or in an ordinance or regulation adopted by the Township
pursuant to the Municipal Land Use Law, after the effective date of
the general development plan approval and during the term of effect
of such approval.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
The term of the effect of the general development plan approval shall be that determined by the Land Use Board using the guidelines set forth in § 64-43B(8), except that such term of effect shall not exceed 10 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to this chapter.
C.
Nothing in any general development plan approval shall be deemed to confer a right to obtain a variance, or to depart from the provisions of this chapter or said Chapter 123 in effect at the time of such approval and affecting the matters as to which general development plan approval is given, or to depart from any other municipal ordinance not adopted pursuant to the Municipal Land Use Law, or from any county, state or federal regulations. Consequently, in the event that it subsequently appears, based on information presented or adduced with respect to subsequent applications for preliminary and/or final approval, that aspects of the development as to which such general development plan approval was given (whether the same be the total number of dwelling units, the amount of nonresidential floor area, the residential density, the nonresidential floor area ratio, or whatever) cannot be achieved without obtaining a variance or unless there are departures from provisions of said chapters in effect at the time general development plan approval for the planned development was given, or unless there is noncompliance with such other municipal ordinances, or county, state or federal regulations, the developer must still comply with such Code provisions (except to the extent a variance is granted), other ordinance provisions and county, state and federal regulations.
Upon completion of each section of the development
as set forth in the approved general development plan, the developer
shall notify the Township Engineer, by certified mail, as evidence
that the developer is fulfilling his obligation under the approved
plan. "Completion" 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. If the Township
through the Township Engineer does not receive such notification at
the completion of any section of the development, the Township shall
notify the developer, by certified mail, in order to determine whether
or not the terms of the approved plan are being complied with.
A.
Except as hereinafter provided in this section, once
a general development plan has been approved by the Land Use Board
it may be amended or revised only upon application by the developer
and approved by the Land Use Board. This requirement shall include
but not be limited to any variation in the location of land uses within
the planned development as to which the general development plan approval
applies and any increase in the density of residential development
or the floor area ratio of nonresidential development of any section
of such planned development.
B.
The developer may, at any time after general development
plan approval has been received, submit to the Land Use Board an application
for revision to the general development plan for review and action
by the Land Use Board. Such application shall contain all information
and submissions required for an application for general development
plan approval in the first instance, but, depending on the nature
of the revisions requested, the Land Use Board may, at the applicant's
request, waive portions of the supporting documentation required for
a general development plan submission in the first instance. The procedure
for consideration of such application shall be the same as for an
approval in the first instance. If the proposed revision is not approved
by the Land Use Board, the original general development plan shall
remain in effect. If the revised general development plan is approved
by the Land Use Board, such approval shall not extend the period for
which general development plan approval was originally granted by
the Land Use Board.
C.
In the event that the developer seeks to modify the
timing schedule approved as part of an approved general development
plan, such modification shall also require the approval of the Land
Use Board. In accordance with N.J.S.A. 40:55D-45.4, the Land Use Board
shall, in deciding whether or not to grant approval of such timing
schedule modification, take into consideration prevailing economic
and market conditions, anticipated and actual needs for residential
units and nonresidential space within the Township and the region
and the availability and capacity of public facilities to accommodate
the proposed development.
D.
Notwithstanding the foregoing provisions of this section,
a developer, without violating the terms of a general development
plan approval, may, in undertaking any section of the planned unit
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 N.J.S.A. 52:27D-301 et seq. without
prior Township approval. Nothing herein shall be deemed to relieve
the developer from the obligation of obtaining preliminary and final
subdivision and/or site plan approval for the development as so reduced.
A.
In the event that a developer who has general development
plan approval does not apply for preliminary approval for the planned
unit development which is the subject of the approved general development
plan within five years from the date upon which the general development
plan has been approved by the Land Use Board, the Land Use Board shall
have cause to terminate the approval.
B.
If a developer does not complete any section of the
development within eight months of the date provided for in the approved
general development plan or if at any time the Township has cause
to believe that the developer is not fulfilling his obligations pursuant
to the approved plan, the Township 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.
This evidence shall take into consideration, among other factors,
and to the extent relevant: the number of dwelling units and nonresidential
floor area permissible under general development plan approval; economic
conditions; the comprehensiveness of the development; whether the
developer has made good faith and timely efforts to fulfill his obligations
pursuant to the plan; and whether the developer, in proceeding to
implement the plan, has complied with the plan, with other provisions
of this Code and with applicable county, state and federal regulations.
The Township shall conduct a hearing to determine whether or not the
developer is in violation of the approved general development plan.
If, after such a hearing, the governing body 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 development which is the subject
of an approved general development plan is completed before the end
of the term of the approval, the general development plan approval
shall terminate with the completion of the development. 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 general development plan approval.
