Borough of Pompton Lakes, NJ Article VII Subdivision and Site Plan Review

§ 190-43 Filing procedures.

[Amended 3-13-2002 by Ord. No. 02-06; 3-23-2011 by Ord. No. 11-07]

Prior to the subdivision or resubdivision of land and prior to the issuance of a building permit or certificate of occupancy or continued occupancy of any development for which site plan approval is required, an application for subdivision or site plan, as the case may be, shall be submitted to and approved by the Planning Board (or the Zoning Board if permitted by the Municipal Land Use Law and/or Redevelopment Ordinance of the Borough) in accordance with the requirements of this chapter. Site plan approval shall be required for any new building, any addition to an existing building, any change in use of an existing building, any off-street parking area or alteration of said parking and any other improvement involving land disturbance, including excavation, soil removal, land filling or site clearance; except that applications for subdivision or individual lots for detached one- or two-family dwelling unit buildings and changes in use that involve no building construction, land disturbance or additional off-street parking shall be exempt from the site plan review and approval if a copy of the application for the building permit, certificate of occupancy or certificate of continuing occupancy is submitted to and approved by the Zoning Officer after the Zoning Officer ascertains that the application complies with the exception conditions set forth herein. The Planning Board may also permit the submission of a combined preliminary and final site plan application when, due to unusual conditions relating to the nature of the development, separate preliminary and final site plan applications would not be necessary to meet the purposes of this chapter. In such instances, all procedures and requirements applicable to preliminary site plans, unless otherwise waived by the Planning Board, or Zoning Board if appropriate, shall be followed.

A. Review by Zoning Board of Adjustment. In the event that the subdivision or site plan application required action by the Board of Adjustment as provided in N.J.S.A. 40:55D-70d, said application shall be submitted to and processed by said Board, which shall act in the same manner as the Planning Board as provided in this chapter.

B. Content of application. An application for development shall include any and all data and material as required for the appropriate type of application by Articles VII and VIII and as indicated on the applicable checklist.[1]

[1] Editor's Note: The checklists are included as attachments to this chapter.

C. Filing fees. The application shall be accompanied by a filing fee pursuant to § 190-12 to cover the technical, investigative and administrative expenses involved in processing the application.

D. Complete application. A subdivision or site plan application shall be complete for purposes of commencing the applicable time period for action when so certified by the administrative officer or designee. In the event that the administrative officer 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 the application lacks information indicated on the checklist, the checklist has been provided in writing to the applicant and the Planning Board, 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. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its authorized committee shall grant or deny the request within 45 days of the date of its submission. 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 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 approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents required by the Board.

E. Informal review. At the request of an applicant, the Planning Board shall grant an informal concept review of a sketch or concept plan for a development for which the applicant intends to prepare and submit an application for development. The applicant shall not be bound by any such plan for which review is requested, and the Planning Board shall not be bound by any such review. The sketch plan shall be in sufficient detail to allow the Planning Board to make an informed decision on the merits of the proposed development. The submission of a sketch or concept plan is recommended prior to the filing of a formal application for preliminary subdivision or site plan approval.

F. Preapplication conference. Applicants submitting a general development plan or application for planned commercial development must also attend a preapplication conference where the developer shall meet with the Borough Planner and Engineer, the Site Plan Review Committee, Architectural Review Committee and any other person or organization as may be required by the Board. The applicant shall submit the following materials for review at the preapplication conference:

[Added 11-28-2007 by Ord. No. 07-20]

(1) Narrative summary of proposal;

(2) Conceptual site plan, showing parking and bicycle facilities where appropriate;

(3) Plat of survey showing location of utilities and elevations;

(4) Photographs of the subject property and surrounding properties;

(5) Description of adjacent land uses and neighborhood characteristics; and

(6) Description of critical historical structures.

§ 190-44 Time for decision.

After the date an appeal is taken from the decision of a municipal officer or the submission of a complete application for development to the administrative officer, the approving authority shall render its decision within the maximum number of days as specified below or within such further time as may be consented to by the applicant in a form approved by the Board Attorney. Where more than one type of application is involved, the longer time period shall apply.

Type of Application	Time Period (days)
Site plans
Minor	45
Preliminary approval (10 acres or less, 10 units or less)	45
Preliminary approval (more than 10 acres or 10 units)	95
Final approval	45
Subdivisions
Minor	45
Preliminary approval (10 lots or less)	45
Preliminary approval (more than 10 lots)	95
Final approval	45
Conditional use authorization	95
Variance*	120
Appeal from the decision of a municipal officer	120
Direction for issuance of a building permit	120

*	NOTE: Any application involving a variance pursuant to N.J.S.A. 40:55D-70 shall be decided within 120 days from a complete application being so certified.

§ 190-45 Review procedures.

A. General.

(1) Upon receipt of a complete application, the administrative officer shall forward same to the appropriate Board pursuant to Article VI and shall send a copy for information or for report and recommendation, according to the direction of the Board, to each of the following:

(a) Borough Planner.

(b) Borough Engineer.

(c) Superintendent of Public Works.

(d) Municipal Utility Authority.

(e) Construction Official.

(f) Fire Department and Police Department.

(g) Such other federal, state, county and municipal officials and agencies as directed by the Board.

(h) A copy of the site plan application shall be sent to the Borough's Redevelopment Consultant.

[Added 7-20-2011 by Ord. No. 11-08]

(2) The Board shall review the application along with reports required from any officials or agencies.

(3) The Board shall grant or deny the application within the times of submission of a complete application prescribed in § 190-44 above or within such further time as may be consented to by the applicant.

(4) Failure of the Board to act within the period prescribed shall constitute approval, and a certificate of the Borough Clerk as to the failure of the Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats. The applicant shall be notified of the Board's action within one week of its action.

(5) Whenever review or approval of an application by the County Planning Board is required, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

(6) Before the Secretary of the Board returns any approved application to an applicant, the applicant shall have sufficient copies made to furnish one copy to each of the following:

(a) Borough Clerk.

(b) Borough Engineer.

(c) Building Inspector and Zoning Officer.

(d) Tax Assessor.

(e) Other municipal agencies, as needed.

B. Minor subdivision plat. Prior to subdividing or resubdividing land within the Borough, an application shall be filed in accordance with this chapter and shall contain all data and information prescribed herein.

(1) The Board shall classify the application as either a minor or major subdivision. If classified as a minor subdivision and approved by the Board, the plat shall be signed by the Chairman and Secretary of the Board. One copy of the signed plat shall be returned to the applicant along with a certified copy of the resolution of approval. No further Board approval shall be required. In classifying a plat as a minor subdivision, the Board may impose such terms and conditions as are reasonable and within the intent of this chapter, including provision for improvements.

(2) Classification as a minor subdivision shall expire 190 days from the date of approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the minor subdivision, is filed by the developer with the county recording officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Board. In reviewing the application for a minor subdivision, the Board shall be permitted to accept a plat not in conformity with the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.

(3) The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which the minor subdivision is granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that said minor subdivision shall have been duly recorded as provided in this section.

(4) The Board may extend the 190-day period for filing of a minor subdivision or deeds in lieu thereof, if the applicant proves to the reasonable satisfaction of the Board that he has been barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental entities and that he has diligently applied for and pursued the approvals. The length of the extension shall be equal to the period of delay in obtaining the approvals. The applicant may apply for the extension either before or after the expiration date.

(5) The applicant may apply for and the Board shall grant an extension of the minor subdivision approval for a period not to exceed one year from the expiration date if the applicant proves to the reasonable satisfaction of the Board that he has been barred or prevented, directly or indirectly, from proceeding with his development because of delays in obtaining legally required approvals from other governmental entities and that he has diligently applied for and pursued the approval. The applicant shall apply for this extension either before the expiration date or by the 91st day after the date on which he received the last of the legally required approvals, whichever occurs later.

(6) If the application for a minor subdivision is classified as a major subdivision, the subdivider will be so notified. No further Board action on the application shall be required, and the subdivider shall follow the procedures contained herein for processing approval of a preliminary and final plat of a major subdivision.

C. Minor site plan. Prior to the issuance of a continuing certificate of occupancy, an application shall be filed in accordance with this chapter and shall contain such data and information prescribed herein as is necessary for the Board to make an informed decision on the application.

D. Preliminary subdivision plat and preliminary site plan. Application for approval of a preliminary plat or a preliminary site plan shall be filed in accordance with this chapter and shall contain all information prescribed herein, as the case may be.

(1) If the Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application.

(2) If the Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon as in the case of the original application. The Planning Board shall, if the proposed application complies with this chapter, grant preliminary approval.

(3) Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

(a) 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, except that nothing herein shall be construed to prevent the Borough from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.

(b) 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) The applicant may apply for and the 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) The applicant may apply for and the Board shall grant an extension of the preliminary approval for a period not to exceed one year from the expiration date if the applicant proves to the reasonable satisfaction of the Board that he has been barred or prevented, directly or indirectly, from proceeding with his development because of delays in obtaining legally required approvals from other governmental entities and that he has diligently applied for and pursued the approval.

(4) In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights referred to above for such period of time longer than three years as shall be determined by the 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 Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, 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.

(5) Whenever the Board grants an extension of preliminary approval, the extension shall begin on what would otherwise be the expiration date. Unless otherwise indicated, the applicant may apply for the extension either before or after the expiration date.

E. Installation of improvements; guaranty agreement.

(1) Improvements for final subdivision approval. Prior to final subdivision approval, the applicant shall have installed all improvements. In lieu of the installation of improvements, the applicant may furnish, and the Borough may accept, adequate performance guaranties to assure the installation and maintenance of all improvements not installed and approved.

(2) Improvements for final site plan approval. Prior to final site plan approval, the applicant shall have installed any improvements as the Board may determine are necessary prior to building construction; provided, however, that the Borough may accept performance guaranties for the later installation of those improvements.

(3) Off-tract improvements. Also prior to the filing of an application for final subdivision or site plan approval, the applicant shall have paid his pro rata share of the cost of any off-tract improvements necessitated by his development.

(4) Performance guaranty. Performance guaranty for the later installation of those improvements shall be in favor of the Borough of Pompton Lakes in an amount equal to 120% of the cost of such improvements. At least 10% of the performance guaranty shall be in the form of cash, certified check, irrevocable assignment of a savings account or certificate of deposit or an irrevocable letter of credit (sufficient in form and substance to the Borough Attorney) made payable to the Borough of Pompton Lakes.

(5) Time of guaranty. The performance guaranty shall run for a term not to exceed 18 months from the date of final subdivision approval or 12 months from the date of final site plan approval. With the consent of the principal, the performance guaranty may be extended by the governing body, by resolution, after the recommendation by the Board, by resolution, for an additional period not exceeding 18 months in the case of subdivision approval and 12 months in the case of site plan approval.

(6) Reduction of performance guaranty. The governing body may, in its discretion, upon application, in writing, by the developer or subdivider pursuant to N.J.S.A. 40:55D-53, reduce the amount of the performance guaranty upon certification in writing by the Borough Engineer that certain portions of the required improvements and conditions of the governing body have been properly completed and upon posting of property guaranties and maintenance bonds, provided that the remaining performance guaranty, maintenance bonds and deposit moneys are adequate to ensure the completion of the remaining improvements.

(7) Completion of improvements. If the required improvements are not completed or corrected, the obligor shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may complete such improvements.

(8) Notification of completion. When all of the required improvements have been completed, the obligor shall notify the governing body in writing, pursuant to N.J.S.A. 40:55D-53, by certified mail addressed in care of the Borough Clerk, of the completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon, the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of improvements rejected shall be set forth.

(9) Time for action. The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the actions of the governing body with relation thereto in accordance with the provisions of N.J.S.A. 40:55D-53. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor as required by law shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.

(10) Rejection of improvements. If any portion of the required improvements is rejected, the governing body may require the obligor to complete and/or correct such improvements, and, upon completion and/or correction, the same procedure of notification as set forth in this section shall be followed.

(11) Agreement. Prior to any construction and coincident with the furnishing of the performance guaranty by the developer, there shall be drafted an agreement between the developer and the Borough of Pompton Lakes incorporating all of the terms and conditions of approval approved by the Board in accordance with this chapter.

(12) Inspection fees. The agreement shall also provide for the deposit with the Borough of fees for engineering inspection of all improvements required by the Board and based upon the cost of such improvements, as determined by the Borough Engineer, all fees and procedures to be in accordance with this chapter.

(13) Notification of Borough Engineer. At least two weeks prior to the start of construction, the applicant shall notify the Borough Engineer, in writing, with a copy to the Secretary of the Board, of said date when construction will begin so that a preconstruction conference can be held and so that inspections may be conducted from time to time by the Borough Engineer. 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 guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.

(14) Maintenance guaranty.

(a) Upon completion of all improvements and prior to release of the performance guaranty, the applicant shall file a maintenance guaranty bond amounting to 15% of the cost of all improvements to guarantee that the completed improvements will be maintained for a stated period not to exceed two years. The Borough Engineer and the Board shall review the maintenance bond; it shall be reviewed by the Borough Attorney as to form, sufficiency and execution and approved by the Borough Council.

(b) The Borough Council will not accept any road or improvement into the municipal system until the maintenance period expires or until after the deficiencies are repaired and then only if it is in the same condition as when certified.

F. Final subdivision and final site plan.

(1) Filing. Application for approval of a final plat or a final site plan shall be filed in accordance with this chapter and shall contain all the information prescribed herein, as the case may be. Said application shall be filed within the period prescribed in the Municipal Land Use Law (MLUL) and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.

(2) Application accepted. If the Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application.

(3) Effect of final approval.

(a) The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-1 et seq., whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in Subsection F(1), the Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

(b) The applicant may apply for and the Board shall grant an extension of the final approval for a period not to exceed one year from the expiration date if the applicant proves to the reasonable satisfaction of the Board that he has been barred or prevented, directly or indirectly, from proceeding with his development because of delays in obtaining legally required approvals from other governmental entities and that he has diligently applied for and pursued the approval. The applicant shall apply for this extension either before the expiration date or by the 91st day after the date on which he received the last of the legally required approvals, whichever occurs later.

(c) In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision of or site plan for 150 acres or more, the Board may grant the rights referred to in Subsection E(1) of this section for such period of time longer than two years as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

(d) Whenever the Board grants an extension of final approval, the extension shall begin on what would otherwise be the expiration date. Unless otherwise indicated, the applicant may apply for the extension either before or after the expiration date.

(4) Recording of final plat.

(a) Final approval of a major subdivision shall expire 95 days from the date of signing of the plat, unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Board may, for good cause shown, extend the period for recording an additional period not to exceed 190 days from the date of signing of the plat.

(b) No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Board as indicated on the instrument by the signature of the Chairman and Secretary of the Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-1 et seq. The signatures of the Chairman and Secretary of the Board shall not be affixed until the developer has posted the guaranties required pursuant to Subsection E. If the county recording officer records any plat without such approval, such recording shall be deemed null and void.

(5) Filing and return of prints. After final subdivision approval, one translucent tracing and one cloth print shall be filed with the Borough Clerk. The original tracing and one cloth print shall be returned to the subdivider.

(6) Tax Map. After approval of the final subdivision, the applicant shall file with the Borough a final subdivision map at the scale shown on the Borough Tax Map on the sheet on which the tract appears. Such map shall be a requirement of final subdivision approval.

(7) Filing of plat with County Clerk. No building permit shall be issued until final subdivision approval by the Board of the final plat and said plat has been properly filed with the County Clerk within the time or extended time required by Subsection E(5). Proof of filing shall be submitted to the Board Secretary prior to issuance of a building permit.

(8) Building permits for site plans. A building permit in connection with a site plan having preliminary approval may be issued prior to final approval, but only after the installation of those improvements as the Board, upon advice of the Borough Engineer, may find necessary as precedent to the issuance of such permit. No certificate of occupancy in connection with a site plan shall be issued until final site plan approval by the Board, and final approval shall not be granted until all buildings and on-site improvements are completed or performance guaranties posted.

(9) Temporary certificate of occupancy. Upon the written recommendations of the Planning Board, the Building Inspector may grant a temporary certificate of occupancy for a specified period of time not exceeding six months if weather or other conditions beyond the control of the applicant prevent compliance with the conditions of site plan approval. If a temporary certificate of occupancy is issued, a cash performance guaranty shall be posted with the Borough in an amount determined by the Borough Engineer to be the fair value of the uncompleted work.

G. General development plan.

[Added 11-28-2007 by Ord. No. 07-20]

(1) Applicability. This subsection shall apply to any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development. The provisions for general development plan approval shall also be applicable to proposed development in the Planned Recreational Community (PRC) Zoning District, where the tract is a contiguous parcel of at least 100 acres in size.

(2) The Planning 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 that application for 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 Planning Board does not make a certification as to completeness with such forty-five-day period, the application shall be deemed complete upon the expiration of the forty-five-day period. 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 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 Board.

(3) 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 and in accordance with other provisions of this chapter.

(4) In considering the application, the 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 the zoning district provisions and shall make findings of fact, including but not limited to the following:

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) That the drainage and stormwater management plan submitted adequately addresses 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.

(f) 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.

(5) Action by the Board.

(a) After reviewing the information submitted by the applicant, the 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 Board to act within the prescribed time period shall constitute approval of the general development plan.

(b) 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.

(6) Effect and duration.

(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, or in an ordinance or regulation adopted by the Borough 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.

(b) The term of the effect of the general development plan approval shall be that determined by the Board using the guidelines set forth in § 190-45G(5)(b), 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 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.

(7) Modification of timing schedule. 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 Board. In accordance with N.J.S.A. 40:55D-45.4, the 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 Borough and the region and the availability and capacity of public facilities to accommodate the proposed development.

(8) Variation approval.

(a) The developer may, at any time after general development plan approval has been received, submit to the Board an application for revision to the general development plan for review and action by the 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 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 Board, the original general development plan shall remain in effect. If the revised general development plan is approved by the Board, such approval shall not extend the period for which general development plan approval was originally granted by the Board.

(b) Except as hereinafter provided in this section, once a general development plan has been approved by the Board, it may be amended or revised only upon application by the developer and approved by the 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.

(c) 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 N.J.S.A. 52:27D-301 et seq. without prior Borough 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.

(9) Notification of completion. Upon completion of each section of the development as set forth in the approved general development plan, the developer shall notify the Borough 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 Borough through the Borough Engineer does not receive such notification at the completion of any section of the development, the Borough shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

(10) Termination.

(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 Board, the 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 Borough has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Borough 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 Borough 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.

H. Hillside development review.

[Added 11-28-2007 by Ord. No. 07-20]

(1) Plan review. All proposed development projects on land with an average slope of 10% or greater, as determined by the Board, shall be subject to the issuance of a permit for hillside development review.

(2) Criteria for review of grading plans. The Planning Board shall consider the following matters of particular concern in its review of grading proposals in hillside development areas:

(a) The health and safety of the public;

(b) The encouragement of imaginative grading plans to soften the impact of grading on hillsides, including rolled, sloping or spit pads, rounded cut and fill slopes, and post-and-beam construction techniques.

(c) Natural topographic features and appearances are conserved by means of landform grading so as to blend any manufactured slopes or required drainage benches into the natural topography.

(d) The maximum retention of vistas and natural topographic features, including ridgelines, hilltops, slopes, and rock outcroppings.

(e) The preservation of vegetation and animal habitat, designation of stream courses as open space, preservation of habitat corridors, encouraging revegetation and drought-tolerant native species.

(f) Plant materials are conserved and introduced so as to protect slopes from slippage and soil erosion to minimize visual effects of grading and construction on hillside areas, including the consideration of the preservation of prominent trees and, to the extent possible, reduce the maintenance cost to public and private property owners.

(g) Building setbacks, building heights and compatible structures and building forms that would serve to blend buildings and structures with the terrain are utilized.

(h) Curvilinear street design and improvements that serve to minimize grading alterations and emulate the natural contours and character of the hillsides are utilized.