In all zones, for all proposed uses, subdivisions, site development
or construction, other than exempt development, site plan and/or subdivision
approval shall be required prior to:
A. The issuance of a development permit.
B. The issuance of a building permit for any new structure or for any
addition to or alteration of an existing structure.
C. Any change of use of land or structure to a use for which any of
the standards of this chapter are more restrictive or stringent.
D. Any expansion of the total number of employees, number of employees
in any shift or the number of vehicles to be stored or parked on the
site exceeding 15% of the amount existing at the time of passage of
this chapter or as set forth at the time of a previous site plan approval.
E. The construction or alteration of any public facility, structure
or building for which referral to the Planning Board for review and
recommendation is required by N.J.S.A. 40:55D-31.
F. The construction or alteration of or addition to any off-street parking
area which provides an increase of 10 or more vehicle parking spaces.
[Added 8-8-2005 by Ord. No. 32-05]
A. Disclosure requirements.
(1) Any applicant for a variance pursuant to N.J.S.A. 40:55D-70d or a
variance pursuant to N.J.S.A. 40:55D-70c in conjunction with any application
for a subdivision not considered a minor subdivision pursuant to local
ordinance or a site plan not considered a minor site plan pursuant
to local ordinance as well as any application for a subdivision not
considered a minor subdivision pursuant to local ordinance or site
plan not considered a minor site plan pursuant to local ordinance
requiring waivers or exceptions pursuant to N.J.S.A. 40:55D-51 shall
include in the application contribution disclosure statements for
all developers; all associates of said developers who would be subject
to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2; and
all professionals who apply for or provide testimony, plans, or reports
in support of said variance and who have an enforceable proprietary
interest in the property or development which is the subject of the
application or whose fee in whole or part is contingent upon the outcome
of the application. Regardless of whether the owner of the property
which is the subject of the variance application falls in any of the
categories established in the preceding sentence, the applicant shall
include in the application a contribution disclosure statement for
said owner.
(2) During the pendency of the application process until final site plan
approval is granted, any applicant required to comply with this section
shall amend its contribution disclosure statements to include continuing
disclosure of all contributions within the scope of disclosure requirement
of the above paragraph.
B. Inclusion of contribution disclosure statements as an element of
the application checklist.
(1) An application checklist ordinance is hereby adopted pursuant to N.J.S.A. 40:55D-10.3 to require that the contribution disclosure statements specified in Subsection
A of this section be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
(2) The Township Planning Board and Board of Adjustment shall amend their application checklists for variances pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance to include the contribution disclosure statements specified in Subsection
A of this section.
(3) An application shall not be deemed complete by the administrative
official or accepted for public hearing by the municipal agency until
the required contribution disclosure statements are submitted.
C. Availability of the disclosure statement. All contribution disclosure
statements shall be available in the office of the administrative
officer for review by any member of the public.
D. Intent of the disclosure statement. It is the intent of this section
that the disclosure statement shall serve to inform the public and
not serve as evidence relevant to the decision criteria for variance
applications pursuant to N.J.S.A. 40:55D-70d as well as for relief
pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications
for site plan and subdivision approval not considered to be minor
site plans or minor subdivisions pursuant to local ordinance.
[Added 3-27-2006 by Ord. No. 07-06]
A. Purpose and applicability.
(1) The purpose of this section is to permit and encourage the submission
of conceptual general development plans that present a comprehensive
plan for a proposed development. The general development plan is intended
to prompt a holistic approach to site planning.
(2) A developer of a parcel or parcels of land totaling more than 100
acres in size, for which the developer is seeking approval of a planned
development, may submit a general development plan to the Planning
Board prior to the granting of preliminary approval of the development
by the Planning Board.
(3) The general development plan shall set forth the permitted number
of dwelling units and the residential density and the amount of nonresidential
floor space for the proposed development in its entirety according
to a schedule which sets forth the timing of the various sections
of the development. The planned development shall be developed in
accordance with the general development plan approved by the Planning
Board notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.) or any ordinance or regulation adopted pursuant
thereto after the effective date of the approval.
(4) The general development plan shall be designed to promote and encourage
the conservation of natural features and the efficient use of resources
in subdivision and site design while remaining responsive to market
demands for residential and nonresidential development. To the extent
possible, a general development plan should be designed to reduce
infrastructure and service costs over the long term and to provide
a pedestrian-friendly environment.
B. Required submission items. The general development submission shall
include the following:
(1) A general land use plan indicating the tract area and general location
of land uses to be included in the planned development at a scale
not smaller than one inch equals 200 feet. The total number of proposed
dwelling units and the amount of nonresidential floor area to be provided
and the proposed land area to be devoted to residential and nonresidential
uses shall be set forth.
(2) 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 use shall be estimated, including the area to be devoted to parking
for the proposed uses.
(3) 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.
(4) An open space plan showing the proposed land area and general location
of parks and any other land areas 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. The open space plan should
include a calculation of the total area that will be available for
public or semipublic use, as well as the anticipated percentage of
impervious surface.
(a)
The open space plan shall provide a minimum of 25% of the gross site area as open space. The recreation plan shall be shown with the open space plan and consistent with the requirements of §
244-200. The recreation area shall be centrally located.
(b)
The open space plan shall include a minimum buffer of 50 feet
to county roadways and a minimum of 50 feet to adjacent residential
development existing as of the effective date of this section.
(c)
The open space plan should be designed to create linkages between
open lands and provide pedestrian access a minimum of 100 feet in
width to open space areas.
(5) A utility plan indicating the need for and showing the proposed location
of sewer and water lines and information regarding the available capacity
for utility facilities. Additionally, proposed methods for handling
solid waste disposal and a plan for the operation and maintenance
of proposed utilities shall be included. If a homeowners' association
is anticipated, a draft of the HOA documents shall be submitted.
(6) A stormwater management plan setting forth the proposed method of
controlling and managing stormwater on the site, including low-impact
development and bioremediation techniques.
(7) 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.
(a)
A natural resources inventory should be provided in a plan format
that clearly delineates the following: topography at two-foot intervals,
slopes in excess of 15%, soil types, streams, wetlands, wetland and
uplands buffers, identification of trees, including species and size,
and analysis of the quality of the wooded areas. The applicant should
provide a descriptive explanation of how the proposed plan responds
to the natural features of the site, providing evidence that the plan
has been arranged with consideration for the protection and enhancement
of the site's natural attributes.
(8) 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.
(9) A housing plan outlining the number and type of housing units to
be provided and the manner in which any affordable housing obligation
will be fulfilled by the development.
(10)
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.
(11)
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 the municipality or the school districts
as a result of the completion of the planned development. The fiscal
impact 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.
(12)
A proposed timing schedule for the phasing of the project if
it is anticipated that the development will be completed over a number
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.
C. Required findings by the Planning Board. Prior to approval of a general
development plan, the Planning Board shall make the following facts
and conclusions:
(1) That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards that may be specific to a planned development
or overlay zone ordinance.
(2) That proposals for maintenance and conservation of the common open
space are reliable, and that the amount, location and purpose of the
common open space are adequate.
(3) That provisions through 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.
(4) That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(5) In the case of a proposed development, which contemplates construction
over a period of years, the terms and conditions intended to protect
the interest of the public and of the residents, occupants and owners
of the proposed development in the total completion of the development
are adequate.
(6) That the proposal is responsive to the natural features of the site
and is designed in a manner that preserves valuable site characteristics
identified in the environmental inventory.
(7) That the proposal advances the principles of smart growth by providing
opportunities for vehicular and pedestrian interconnectivity where
feasible, by incorporating affordable housing units within the development
when deemed appropriate by the Planning Board or in the Housing Element
of the Master Plan, by encouraging the use of conservation or cluster
design when practicable and by safeguarding the character of existing
stable neighborhoods.
D. Approval process and duration.
(1) 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.
(2) A general development plan approval shall, as a condition of such
approval, require a municipal development agreement, which shall mean
a written agreement between the Township of Jackson and the developer,
in a form previously approved by the appropriate land use board relating
to the development.
[Added 2-8-2011 by Ord. No. 07-11]
(3) The term of the effect of the general development plan approval shall
be determined by the Planning Board using the guidelines set forth
below, except that the term of the approval shall not exceed 20 years
from the day upon which the developer receives final approval of the
first section of the planned development. In making its determination
regarding the duration of the approval of the development plan, the
Planning Board shall consider the following:
(a)
The number of dwelling units or amount of nonresidential floor
area to be constructed.
(b)
Prevailing economic conditions.
(c)
The timing schedule to be followed and likelihood of its fulfillment.
(d)
The developer's capability of completing the development.
(e)
The contents of the general development plan and any conditions
which the Planning Board attaches thereto.
(4) 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 market
and economic conditions, anticipated actual needs for residential
units and nonresidential space within the Township and the region
and the availability and capacity of public facilities to accommodate
the proposed development.
(5) 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 and approval of the Planning
Board. The exceptions are listed below.
(a)
If a variation in land uses or increase in density or floor
area ratio is proposed in response to a negative decision of, or a
condition of development approval imposed by the Pinelands Commission
or the New Jersey Department of Environmental Protection, and there
is a valid environmental reason for such decision, the variation 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 a determination by the Pinelands Commission
or the Department of Environmental Protection.
(b)
Planning Board approval is not required if the developer seeks
to reduce the number of residential dwellings or reduce the amount
of nonresidential floor space by no more than 15% without otherwise
violating the terms and conditions of the general development plan
approval.
E. Completion, failure to apply and termination of approval.
(1) 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.
(2) 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
Township shall notify the developer by certified mail, and the developer
shall have 10 days within which to give evidence that he is fulfilling
his obligation pursuant to the plan. The Township thereafter shall
conduct a hearing to determine whether or not the developer is in
violation of the approved plan. If, after such hearing, the Township
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.
(3) In the event that a development which is the subject of a general
development plan is completed before the end of the term of the approval,
the approval shall terminate with the completion of the development.