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:
(1) 
The potential number of dwelling units.
(2) 
The comprehensiveness of the development.
(3) 
Economic conditions, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
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.
C. 
Details required for preliminary B and final site plan approvals. The details and design standards specified in the Part 3, Site Plans, and Part 4, Subdivision, for preliminary and final approval shall be required as applicable for all 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.
A. 
Generally, provisions dealing with off-tract improvements are set forth at Article XXII of this Part 5.
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.