A.
General intent. The intention of this article is to provide a flexible
procedure for the review, consideration and hearings involving planned
developments. This procedure recognizes that the process may involve
conditional use approval, site plan approval, subdivision approval
and additional affirmative findings by the Board in regard to planned
development.
B.
General procedure.
(1)
Developments of less than 100 acres. A distinction is made in this article between planned developments under 100 acres and those over that size. Applications where the entire tract to be developed or potentially part of the planned development zoning district is under 100 acres shall proceed generally as provided for in Article X, Procedures for Site Plan Approval in Part 3, Site Plans. Sketch plan submission is encouraged. In addition to site plan approval, conditional use approval and a request for favorable findings as required by statute and/or ordinance shall be applied for concurrently with preliminary site plan approval. Notwithstanding the above, the Planning Board may, upon application by an applicant, grant the applicant permission to proceed as provided for in § 170-168 below.
(2)
Developments of 100 acres or more. Applications involving over
100 acres, under this article, may be submitted in three stages known
as "preliminary A site plan approval," "preliminary B site plan approval"
and "final site plan approval." Preliminary A site plan approval involves
a submission with regard to the entire tract which will be the subject
of the planned development. This approval is optional, but if granted,
an applicant may thereafter submit applications, by section or stage,
for preliminary B site plan approval. In addition, an applicant may
combine his application for preliminary B site plan approval with
final site plan approval, all as provided for in this article. In
the event that the applicant determines not to apply for preliminary
A site plan approval, then the application shall proceed in the manner
provided for in regard to applications for developments of under 100
acres. Applications for preliminary A site plan approval shall be
accompanied by applications for conditional use approval and a request
for favorable findings.
A.
Review requirements. Planned development applications, in addition
to conditional use approval, and requests for favorable findings for
a planned development by the Planning Board as stipulated in Part
2, Zoning, shall be reviewed, where applicable, in accordance with
the Township's subdivision or site plan preliminary and final approval
procedures and design regulations as they may apply to the application.
B.
Additional documentation in support of preliminary and/or final approvals.
The Planning Board may require additional documentation and study
by the applicant in support of a planned development application for
preliminary or final approval. Such documentation may include data
submitted by the applicant in order to gain favorable findings for
a planned development approval as required by Part 2, Zoning, updated
as appropriate for the development application. The Board may require,
but shall not be limited to, one or all of the following:
(1)
A master land use plan.
(a)
The master land use plan shall be at a scale of one inch equals
200 feet, or other appropriate scale, illustrating:
[1]
Outbound limits of property.
[2]
Existing contours at two-foot intervals.
[3]
Existing roads.
[4]
Proposed arterial and collector roads.
[5]
Location map indicating relation to adjacent zoning districts.
[6]
Existing land uses within 200 feet of property.
[7]
Various proposed land uses for designated use areas.
(b)
Each particular residential land area shall be documented as
to acreage, the type of residential dwelling unit proposed and the
number and net density of dwelling units of each type proposed to
be situated within each designated use area. If permitted commercial
uses are intended, the proposed floor area shall be indicated within
a designated use area, and the floor area ratio shall be stipulated.
The proposed total number of dwelling units and gross density for
the planned developments shall be indicated, together with an indication
of percentage and numbers of dwelling units, by type, for the entire
tract.
(2)
An open space, common open space, recreation and facility plan
indicating the major areas to be devoted to common open space, open
space, major pedestrian network and its relationship to principal
on-tract and off-tract public facilities (e.g., bus depots, shopping,
etc.), recreational purposes and a description of the intended improvements
within the areas, as well as any intended public facilities. The plan
shall also describe the intended ownership, maintenance and operation
of common open space, open space, recreation and conservation areas
and/or facilities within the planned development. A single vehicle
for the ownership and management of common elements is encouraged.
(3)
A traffic circulation plan indicating all existing and proposed
arterial or major collector streets, typical road cross-sections and
critical elevations and grades. The plan shall indicate how the overall
collector road network relates to the terrain, the overall design
of the planned development and the road network of the Township. In
addition, and as a minimum, the plan shall indicate:
(a)
Projected peak-hour traffic volumes on arterial and collector
roads at the time of completion of each proposed section of development
and at the time of completion of ultimate development of the project,
including both internal and adjacent external volumes.
(b)
Peak-hour volume capacity relationship or level of service at
ultimate development on major collector and arterial roads.
(c)
Projected peak-hour turning movements at ultimate development
for all major intersections, both internally and adjacent to project.
(d)
A description of any off-tract road or intersection improvements
necessitated by the planned development and a general schedule for
their implementation.
(e)
The traffic circulation plan shall describe appropriate mass
transit opportunities within and to the planned development.
(4)
A utility plan indicating existing and proposed sewer and water
lines, pump stations, wells and documentation from respective utility
companies as to the feasibility and availability of connections to
electric, gas and telephone facilities. The plan shall also indicate:
(a)
Alignment, general grades and basic design of major elements
of sanitary sewer collection system and documentation from the appropriate
agency to confirm feasibility of serving and capacity for all areas
of the project requiring sewers.
(b)
Alignment and basic design of major elements of water distribution
system and documentation from the appropriate agency to confirm feasibility
of providing potable water supply and fire protection to all areas
of project requiring service.
(5)
A drainage plan indicating the proposed method of controlling
and draining stormwater on and from the site and including supportive
calculations. Additionally, a conceptual description of the intended
soil erosion and sediment control plan shall be submitted. The plan
shall also indicate for storm drainage:
(a)
Alignment, general grades and basic design of major elements
of collection system to confirm feasibility of handling anticipated
runoff from all areas of project.
(b)
Flood elevations on major drainage channels, indicating anticipated
flood levels for twenty-five- and fifty-year storms.
(c)
Existing general grades of areas surrounding project to determine
impact on on-site and off-site drainage.
(d)
Description of any off-tract drainage improvements necessitated
by the planned development and a general schedule for their implementation
to be expressed in terms of the staging plan required hereafter.
(6)
An environmental impact statement as specified in Part 3, Site
Plans.
(7)
A staging plan where the planned development is intended to
be developed over a number of years or in more than one stage, indicating
the areas to be developed in each stage and the proposed sequence
of development of the stages. No residential stage shall be less than
25 acres in side except with the approval of the Planning Board. In
addition, the plan shall indicate:
(a)
That adequate protection is provided to ensure the proper disposition
of each stage through the use of maintenance and performance guaranties,
covenants and other formal agreements.
(b)
Information that indicates the stage is substantially self-functioning
and self-sustaining with regard to access, utility services, parking,
common open space, all amenities and other similar physical features.
Further, each stage shall be capable of occupancy, operation and maintenance
upon completion of construction and development of that stage or,
in the case of subsequent stages, such subsequent stages shall likewise
be in harmony with those under construction or in place.
(c)
That each stage is properly related to every other segment of
the planned development and to the community as a whole and to all
necessary community services which are available or which may be needed
to serve the planned development in the future.
(d)
A description of the off-tract and off-site improvements that
would be constructed by a particular stage and proposed responsibility
for construction of such improvements including pro rata share computations,
if appropriate.
(8)
A market plan that demonstrates, through a market feasibility
study or other study techniques, the demand for the principal proposed
uses within the planned development and each stage, the probable rental
prices or sales costs for such facilities and other relevant market
data.
(9)
A community benefit plan that demonstrates, through a cost-benefit
analysis or other similar study, the relative estimated municipal
costs, services and revenues which might be anticipated as a result
of the development of the planned development, for the Township, the
county and the school district. In addition, a statement with regard
to the profile of the estimated population to be introduced into the
community as a result of the development shall be submitted in estimate
form. In addition, the community benefit statement shall set forth
the adequacy or inadequacy of current public services in relation
to the probable population and a plan or description to raise the
level of public services and facilities, if needed, to accommodate
the probable demands resulting from the implementation of the planned
development. The writer of the community benefit plan shall consider,
for example, police, fire, library, rescue and solid waste disposal
services when considering the impact of the development.
C.
Review and action by the Planning Board. The Planning Board shall review and take action on a preliminary or final development application for a planned development or section thereof as provided for preliminary and final site plans in Part 3, Site Plans.
D.
Effect of approval. Planned developments processed under this section shall receive the same rights and be subject to the same time periods of expiration and extensions as provided for preliminary and final site plans in Part 3, Site Plans, with the following modifications. The Planning Board may grant preliminary or final approval for initial and extension periods longer than that stipulated in Part 3, Site Plans, taking into consideration:
A.
Review requirements. As outlined in § 170-167, an optional review stage, preliminary A site plan approval, is established to provide flexibility in the review of large planned developments. An applicant is not required to submit a development application for review and approval of preliminary A site plan approval in accordance with the provisions of this section, but, instead, may immediately proceed to the preliminary review process as outlined in § 170-168A herein.
B.
Details required for preliminary A site plan approval. The details specified as discretionary requirements under § 170-168B herein shall be mandatorily required for planned development or planned residential neighborhood submissions under this section.
D.
Review and action by the Planning Board. The Planning Board shall follow the procedures and timing requirements for review and take action on submissions under § 170-169B and C herein as provided for preliminary and final site plans in Part 3, Site Plans, except that under § 170-169B, there shall be no Site Plan Advisory Board review.
E.
Effect of preliminary A site plan approval. Preliminary A site plan approval shall confer upon the applicant the following rights and obligations for a period of time to be determined by the Planning Board in accordance with § 170-168D herein:
(1)
That the submitted land use plan shall not be changed with reference
to the proposed total number of dwelling units within the planned
development the proposed number and type of dwelling units within
each designated residential area, and the gross floor area within
any designated commercial areas; provided, however, that the densities
and floor areas so established will be maximums, shall not be guaranteed
and, in each case, shall comply with the applicable provision and
ordinances of the Township at the time of preliminary B/final site
plan approval. Such densities and floor areas shall be subject, in
all cases, to further review at the preliminary B or preliminary B/final
site plan approval stage.
(2)
That the location and general specifications for the proposed
arterial road and major collector roads shall not be changed.
(3)
That the other submitted plans, as outlined in § 170-168B(2), (4), (5) and (7) herein, shall not be changed.
(4)
That no lands receiving preliminary A approval of a planned development shall be conveyed in any manner unless the conditions of § 170-171 herein are satisfied.
(5)
That a mechanism for preservation of all required subsidized
and/or least-cost housing, as stipulated and defined in Part 2, Zoning,
for the particular type of planned development, be established.
(6)
That preliminary B site plan or preliminary B/final site plan
approval for a stage or stages of the planned development may be submitted
for review and action by the Planning Board.
F.
Modifications or adjustments. As a further condition for approval
of a stage or stages, the Planning Board may require or permit adjustments
or modifications in the conditions established in the approved preliminary
A site plan to compensate for differences between the estimates of
record on previously approved and completed sections or stages and
the actual conditions prevailing at the time of completion of such
sections or stages. Consideration, in accordance with this subsection
may be given to the balance of land uses established, consistency
with the conditions of the standards established in Township ordinances
for planned developments and planned residential neighborhoods, the
extent of the variance from the social and economic estimates on which
previous approvals may have been based, the overall maximum and minimum
requirements established elsewhere, by ordinance, and the effect of
unforeseen changes, extreme conditions or unexpected advantages which
may have resulted during the time of construction and development.
B.
Additional off-tract improvements may be required beyond those established
as a result of preliminary A site plan approval, resulting from information
and experience generated by a review of the detailed section site
plans. Further, the sequence of installation of such off-tract improvements
may be accelerated or delayed pending upon such information and experience.
C.
No final or preliminary B/final site plan approval shall be granted
approval until a performance guaranty or guaranties in favor of the
Township as required by ordinance and as permitted in the Municipal
Land Use Law,[1] shall be submitted insuring installation of the infrastructure
to support such development. Infrastructure shall include on-site,
on-tract and off-tract improvements.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Submissions under this section shall receive the same rights as stipulated under § 170-168D herein.
A.
Obligation of successive owners in planned developments. In the event
of any conveyance or transfer of any property within a planned development
having received preliminary approval, the Planning Board shall be
given notice of such intended conveyance or transfer prior to any
actual transference thereof. Such notice shall be accompanied by the
following information:
(1)
A precise description of the interest being transferred.
(2)
The obligations to be assumed by the transferee.
(3)
A copy of any agreement entered into between the transferor
and the transferee.
(4)
An agreement that the transferee agrees to be bound by all of
the applicable provisions of prior Planning Board approvals.
(5)
Such other information as may be required by the Planning Board.
B.
The Planning Board, following receipt of such notice and supporting
information, shall consider the effect of the proposed conveyance
or transfer on the completion and implementation of any terms, conditions
and obligations imposed pursuant to the approvals granted by the Planning
Board, and may require such additional assurances as it shall deem
necessary to protect the public interest and the integrity of the
approved planned development plan.
C.
The terms, conditions and obligations of any Planning Board approvals
shall be binding on the original developer, their successors and assigns,
provided that no obligation, term or condition may be assigned without
the prior written consent of the Planning Board.
A.
The final plan for a development containing common open space shall
delineate and dimension such open space and shall designate the name
of the person responsible for the maintenance thereof. The documents
creating responsibility for such maintenance shall be approved by
the Planning Board and filed with the Township Tax Assessor and Salem
County Clerk.
B.
In a planned development to be developed in one phase, all proposed
improvements of the common open space, as indicated on the approved
final plan, including recreational facilities, buildings and landscaping,
shall be completed before more than 25% of the certificates of occupancy
of dwelling units or square feet of nonresidential structures will
be granted by the Township.
C.
For planned developments staged over time into different phases,
all proposed improvement of the common open space within a phase of
the development as indicated on the approved preliminary plan shall
be at a minimum 80% completed, with performance bonds posted for the
remaining 20% of common open space improvements and at least 25% of
the certificates of occupancy of dwelling units or square feet of
nonresidential structures in a phase shall be issued, prior to the
Planning Board granting final approval to a succeeding phase of development.
The Planning Board shall determine extent of common open space completion
based on a field inspection report prepared by the Township Engineer,
indicating percentages of quantities of work completed as measured
against proposed improvements shown on the final plan of each section.
