[HISTORY: Adopted by the Township Committee
of the Township of Harrison 4-21-2008 by Ord. No. 16-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 34.
Land development review environmental worksheet — See Ch. 107.
Fees — See Ch. 110.
Floodplain management — See Ch. 123.
Major site plans — See Ch. 174.
Minor site plans — See Ch. 176.
Stormwater management — See Ch. 188.
Subdivision of land — See Ch. 192.
Zoning — See Ch. 225.
[1]
Editor's Note: This ordinance was originally
adopted as Ch. 173, but was renumbered 3-9-2009 by Ord. No. 07-2009
to maintain the organization of the Code.
The purpose of this chapter is to amend the Codified Land Development Ordinances of the Township of Harrison, specifically to add Chapter 157 entitled "Planned Developments" to set forth the standards for a general development plan and planned developments.
As used in this chapter, the following terms
shall have the meanings indicated:
Calendar days.
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required pursuant to this chapter.
A comprehensive plan for the development of a planned development,
as provided in New Jersey Statutes 40:55D-45.2 et seq.
An area of a minimum contiguous or noncontiguous size as
specified by ordinance to be developed according to a plan as a single
entity containing one or more structures with appurtenant common areas
to accommodate commercial or office uses or both and any residential
and other uses incidental to the predominant use as may be permitted
by ordinance.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
An area of a minimum contiguous or noncontiguous size as
specified by ordinance to be developed according to a plan as a single
entity containing one or more structures with appurtenant common areas
to accommodate industrial uses and any other uses incidental to the
predominant use as may be permitted by ordinance.
An area with a specified minimum contiguous or noncontiguous
acreage of 10 acres or more to be developed as a single entity according
to a plan, containing one or more residential clusters or planned
unit residential developments and one or more public, quasi-public,
commercial or industrial areas in such ranges of ratios of nonresidential
uses to residential uses as shall be specified in the Zoning Ordinance.[1]
An area with a specified minimum contiguous or noncontiguous
acreage of five acres or more to be developed as a single entity according
to a plan containing one or more residential clusters, which may include
appropriate commercial, or public or quasi-public uses all primarily
for the benefit of the residential development.
All applications and procedures for a planned
development shall be in accordance with the provisions of this chapter;
and in accordance with N.J.S.A. 40:55D-11 and 40:55D-12; and submission
of proof that no taxes or assessments for local improvements are due
or delinquent on the property or properties at the time the planned
development application is submitted.
Any developer of a parcel of land greater than
100 acres in size for which the developer is seeking approval of a
planned development pursuant to N.J.S.A. 40:55D-1 et seq. may submit
a general development plan to the Planning Board prior to the granting
of preliminary approval of that development by the Planning Board.
The Planning Board shall grant or deny general development plan approval
within 95 days after submission of a complete application to the administrative
officer, or within such further time as may be consented to by the
applicant. Failure of the Planning Board to act within the period
prescribed shall constitute general development plan approval of the
planned development.
Prior to approval of a general development plan,
the Planning Board shall find the following:
B.
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate;
C.
That the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
D.
That the proposed planned development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established; and
E.
That in the case of a development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate.
A.
The 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 general development
plan 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 herein and pursuant to the Municipal Land Use
Law,[1] except that the term 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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 shall include, but
not be limited to, the following:
A.
A general land use plan at a scale of no less than
one inch equals 200 feet, 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 residential 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.
The general development plan shall include a schedule
which sets forth the timing of construction of the various sections
of the development;
C.
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;
D.
An open space plan showing the proposed land area
and general location of parks and any other land area to be set aside
for conservation and recreational purposes and a general description
of improvements proposed to be made thereon, including a plan for
the operation and maintenance of parks and recreational lands;
E.
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;
F.
A stormwater management plan setting forth the proposed
method of controlling and managing stormwater on the site;
G.
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;
H.
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;
I.
A housing plan outlining the number of housing units
to be provided and the extent to which any housing obligation assigned
to the municipality pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301
et seq.) will be fulfilled by the development;
J.
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;
K.
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by municipalities or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection L of this section, and following the completion of the planned development in its entirety;
L.
A proposed timing schedule in the case of a planned
development whose construction is contemplated over a period of years,
including any terms or conditions which are intended to protect the
interests of the public and of the residents who occupy any section
of the planned development prior to the completion of the development
in its entirety; and
M.
A municipal development agreement, which shall mean
a written agreement between a municipality and a developer relating
to the planned development;
N.
In addition to the other requirements set forth as
part of this chapter, the submission of a general development plan
shall include the following:
(1)
A completed land development review application in
the form supplied by the Township;
(2)
An affidavit setting forth the ownership of the land
and consent of the owner to the application signed by all persons
in title with an ownership interest in the land;
(3)
The escrow responsibility form as supplied by the
Township; and
(4)
Proof that the taxes due upon the land have been paid
and are current.
In the event that the developer seeks to modify
the proposed timing schedule, such modification shall require the
approval of the Planning Board. The Planning Board shall, in deciding
whether or not to grant approval of the modification, take into consideration
prevailing economic and market conditions, anticipated and actual
needs for residential units and nonresidential space within the municipality
and the region, and the availability and capacity of public facilities
to accommodate the proposed development.
A.
Except as provided hereunder, the developer shall
be required to gain the prior approval of the Planning Board if, after
approval of the general development plan, the developer wishes to
make any variation in the location of land uses within the planned
development or to increase the density of residential development
or the floor area ratio of nonresidential development in any section
of the planned development.
B.
Any variation in the location of land uses or increase
in density or floor area ratio proposed in reaction to a negative
decision of, or condition of development approval imposed by, the
Department of Environmental Protection pursuant to N.J.S.A. 13:19-1
et seq. shall be approved by the Planning Board if the developer can
demonstrate, to the satisfaction of the Planning Board, that the variation
being proposed is a direct result of such determination by the Department
of Environmental Protection.
A.
Except as provided hereunder, once a general development
plan has been approved by the Planning Board, it may be amended or
revised only upon application by the developer approved by the Planning
Board.
B.
A developer, without violating the terms of the approval
pursuant to this chapter, 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 municipal approval.
A.
Upon the completion of each section of the development
as set forth in the approved general development plan, the developer
shall notify the administrative officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purposes of this section, "completion" of any section
of the development shall mean that the developer has acquired a certificate
of occupancy for every residential unit or every nonresidential structure,
as set forth in the approved general development plan and pursuant
to N.J.S.A. 52:27D-133. If the municipality does not receive such
notification at the completion of any section of the development,
the municipality shall notify the developer, by certified mail, in
order to determine whether or not the terms of the approved plan are
being complied with.
B.
If a developer does not complete any section of the
development within eight months of the date provided for in the approved
plan, or if at any time the municipality has cause to believe that
the developer is not fulfilling his obligations pursuant to the approved
plan, the municipality shall notify the developer, by certified mail,
and the developer shall have 10 days within which to give evidence
that he is fulfilling his obligations pursuant to the approved plan.
The municipality thereafter shall conduct a hearing to determine whether
or not the developer is in violation of the approved plan. If, after
such a hearing, the municipality finds good cause to terminate the
approval, it shall provide written notice of same to the developer
and the approval shall be terminated 30 days thereafter.
C.
In the event that a developer who has general development
plan approval does not apply for preliminary approval for the planned
development which is the subject of that general development plan
approval within five years of the date upon which the general development
plan has been approved by the Planning Board, the municipality shall
have cause to terminate the approval.
In the event that a development which is the
subject of an approved general development plan is completed before
the end of the term of the approval, the approval shall terminate
with the completion of the development. For the purposes of this section,
a development shall be considered complete on the date upon which
a certificate of occupancy has been issued for the final residential
or nonresidential structure in the last section of the development
in accordance with the timing schedule set forth in the approved general
development plan and the developer has fulfilled all of his obligations
pursuant to the approval.
A.
Application fee. The application fee for the submission
of a general development plan is $1,500 plus an additional $100 per
acre.
B.
Review fee: Each application for consideration of
a general development plan shall be submitted along with a payment
to be placed in escrow to address the anticipated review fees to be
charged by the Township and its professionals. The initial review
fee escrow shall be $1,000 per acre or part thereof. The applicant
shall sign an escrow responsibility agreement in the form prepared
by the Township and the escrow shall be replenished as needed.
Should any section, clause, sentence, phrase
or provision of this chapter be declared unconstitutional or invalid
by a court of competent jurisdiction, such decision shall not affect
the remaining portions of this chapter.
All prior ordinances or parts of ordinances
inconsistent with this chapter be and the same are hereby repealed
to the extent of such inconsistencies.
This chapter shall take effect immediately upon
final passage and publication in accordance with law.
