[Ord. #663-84; Ord. #696-85; Ord. #91-903, § 1;
Ord. #00-1165 §§ 1 — 4; Ord. #01-1187, §§ 1
— 4; Ord. #03-1297, § 5; Ord. #03-1298, § 6;
Ord. #07-1398 § 1]
a.
Recent amendments to the Municipal Land Use Law further clarified
the definition of "complete application" and required the adoption,
by ordinance, of a checklist for determining complete applications.
b.
The checklist for complete planning board applications is attached
hereto as Appendix A.[1]
[1]
Editor's Note: Appendix A, referred to herein is included as an attachment to this chapter.
Notwithstanding the provisions of other zoning and design requirements
of this chapter, a qualified applicant in a district where general
development plans are permitted may choose to submit a general development
plan to the planning board for review, consideration and action. To
the extent the following procedures, design standards, uses and zoning
regulations conflict with other provisions of this chapter, the provisions
for a general development plan shall prevail. All other procedural,
design, use and zoning regulations of this chapter that have not been
specifically modified by an approved general development plan shall
be met.
The purpose of the general development plan is to implement
N.J.S.A. 40:55D-45.1 through 45.8 to encourage development proposals
to be submitted at larger scales of development in order to:
a.
Promote development that allows for a more efficient and environmentally
sensitive use of land than would otherwise be possible;
b.
Encourage large institutions, corporations, and developers to plan
for long-term phased development that will permit the development
of environmentally sensitive and economically feasible projects;
c.
Promote the development of large-scale projects which, because of
the integration of similar and/or symbiotic types of uses, will encourage
a reduction in infrastructure impacts;
d.
Coordinate job creation with consequent housing demand and implement
the adopted Housing Element by nonresident contributors providing
housing, including low and moderate income housing, or, at the developer's
option, payments in lieu of housing;
e.
Provide up to twenty-year vesting of zoning rights running with the
land to applicants to insure economic stability and phased growth.
General development plans shall be limited to the following
eligibility standards.
[Ord. #98-1096, § 1]
Development under a general development plan shall be in accordance
with the general development plan as approved by the approving authority.
The plan may be approved for a period not to exceed 20 years from
the date of final approval of the first phase of the planned development,
or such lesser time approved by the approving authority provided the
approval period is at least five years. The general development plan
shall set forth the permitted number of dwelling units, if any, amount
of nonresidential floor space, residential density and nonresidential
floor area ratio according to a phasing or timing schedule setting
forth the timing of various sections of the development. The planned
development shall be permitted to be developed in accordance with
the general development plan as approved by the planning board notwithstanding
any provision of P.L. 1975, c.291 (C.40:55D-1 et seq.) (the Municipal
Land Use Law), or any ordinance or regulation adopted pursuant to
the Municipal Land Use Law following the effective date of the general
development plan approval. No site work or other development shall
take place on-site unless and until preliminary and final plat approvals
have been granted for the section(s) being developed and appropriate
performance and maintenance guarantees have been posted as required
by the township. Approval of a general development plan, with or without
conditions, shall run with the land and approval shall include a vesting
of the right to develop in accordance with the approved general development
plan, including, but not limited to, gross floor area, total number
of dwelling units, if any, and/or such mix and intensity of uses approved
on the general development plan together with the obligation to fulfill
all conditions of approval, phasing off-tract and on tract improvements,
and related matters. Preliminary and final approval of subdivisions
and/or site plans of all or portions of the development shall be required
to confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49
and N.J.S.A. 40:55D-52.
The general development plan shall be submitted in plat form
at a scale of about one inch equals 200 feet, or such other scale
permitting the entire site to be shown on one sheet no larger than
36 inches by 42 inches. Enlargements of portions of the plan may be
submitted on separate sheets of the same size.
[Ord. #98-1096, §§ 2 — 5; Ord. #00-1152,
§§ 1 — 3; Ord. #07-1398 § 2]
The plat and application shall include the following information
in mapped and written form. Those elements drawn on a plat shall be
drawn reasonably to scale:
a.
General contours not to exceed ten-foot intervals;
b.
Total tract area and the estimated acreage for each major component
use of the development;
c.
Proposed land use plan indicating the total tract area and general
locations of the land used to be included in the development including
any farmland to be preserved, the total number of dwelling units by
types and locations, if applicable, and the total amount of nonresidential
floor area for each use in the development. The land area to be occupied
by each land use type shall be estimated together with the gross floor
area and floor area ratios of each;
d.
Proposed circulation plan showing the general location and types
of transportation facilities including off-street parking, loading
and pedestrian systems on-tract as well as proposed improvements to
the existing transportation system, both on-tract and off-tract, and
as may be required by the Mercer County Development District together
with a traffic management plan for reducing peak hour traffic such
as staggered work hours, flex time, van pooling, corporate sponsored
transit plans, or similar programs. In any instance where the site
abuts a railroad, consideration shall be given for locating a potential
railroad station in the event passenger service is ever revived and
the Transportation Development District requires a station;
e.
Proposed open space plan showing the proposed area and general location
of parks and any other land area to be set aside to open space, wetlands,
other conservation areas, recreation areas and buffer areas together
with a general description of the improvements proposed in each area
and the proposed plan for the operation and maintenance of these areas;
f.
Proposed schematic utility plan showing the need for and showing
the proposed location(s) of the sewage collection and treatment system,
water supply and distribution system, drainage facilities, proposed
methods of handling solid waste disposal, and the recycling of recyclable
materials, and a plan for the operation and maintenance of the proposed
utilities;
g.
Proposed schematic storm water management plan showing the proposed
method of controlling and managing storm water on the site and, if
appropriate, related off-tract storm water management facilities;
h.
An environmental inventory including a description of the vegetation
and any major wooded areas, soil types, topography, geology, surface
hydrology, (wetland area and wetland buffer areas, stream corridors,
floodways and flood hazard areas), 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;
i.
A community facility plan indicating the scope and type of supporting
community facilities included in the plan including, but not limited
to, any sites for educational, cultural, historic, library, hospital,
fire house, police station, and recreation uses;
j.
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 (C.52:27D-301 et al.) will be fulfilled
by the development;
k.
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 TV, solid waste disposal, recycling, emergency
services, communication services and hazardous waste management;
l.
A fiscal report estimating the demand on municipal services to be
generated by the development and the financial impacts on the township
and school district including a projection of tax revenues for the
township, school district, and the county according to the projected
timing schedule for completion of the development;
m.
A proposed timing schedule, including the terms and conditions intended
to protect the interests of the public and of the residents, if any,
and nonresident users who occupy any section of the development prior
to completion of each section as well as prior to the completion of
the entire development. Each section of the development shall coordinate
the developer's interest with the public's interest in such things
as the size of each phase, financing costs, bonding, and mixed uses
with logical infrastructure improvements that work properly in the
event no subsequent section(s) of the development takes place. Logical
infrastructure shall include, but not be limited to, the water distribution
system, sewage collection and treatment facilities, coordinated on-site
circulation systems, off-tract road improvements, dedicated open space,
stabilized soil, and storm water control facilities.
n.
A written proposed developer's agreement between the township and
the developer or its assignees. A draft agreement shall be initiated
by the applicant and the municipality based upon the approval of the
general development plan prior to preliminary subdivision or site
plan approvals of any phase of the development. The final agreement
shall be executed prior to or at the time of final subdivision or
site plan approval of any phase of the development. The municipal
agreement should specify:
1.
The length of time within which zoning rights are vested, not to
exceed 20 years, or such lesser time approved by the approving authority
provided the approval period is at least five years.
2.
The applicant's general commitments to phasing in applicable infrastructure
improvements (water, sewer, roads), community facilities (police,
fire, ambulance, library and schools as applicable), and the method
of participating in the township's housing program.
3.
Subject to the rights of the applicant pursuant to N.J.S.A. 40:55D-45.1.a
the applicant's commitment to abide by changes in applicable State,
Federal or municipal statutes, laws, ordinances and regulations, such
as environmental, infrastructure, and housing requirements, which
changes require modification to prior approvals relating to construction,
funding, phasing and/or site plan design.
4.
Subject to the rights of the applicant pursuant to N.J.S.A. 40:55D-45.1.a,
the applicant's commitment to reasonably remedy environmental or infrastructure
problems identified by the township and required to be remedied as
a result of changes in applicable new State, Federal, or municipal
statutes, laws, ordinances or regulations.
5.
The applicant's commitment to a phasing or timing schedule that includes
an updating of existing traffic, water, sewer and similar facilities
such as referenced in paragraphs 2, 3 and 4 above at each phase in
order to make any necessary adjustments to the timing schedule and
necessary on-site and/or off-tract improvements based on actual experience
rather than initial projections.
6.
The form of the agreement shall contain the right of the township
to require the developer, if so determined after appropriate notice
to the developer and a hearing, to provide for the ongoing updating
of studies and to pay the costs of its increased or decreased fair
share of on-site and off-tract improvements which are required by
the applicable law governing such improvements at the time of the
approval of the general development plan based upon the pro rata share
assigned to the development plan based upon the pro rata share assigned
to the developer, to deal with unanticipated events and the need to
accelerate or add, or reduce or eliminate, additional improvements
directly due to the development.
7.
The form of agreement shall provide for cooperation in the execution
of endorsements relating to New Jersey Department of Environmental
Protection and Energy permits, as permitted by law.
o.
Nothing herein shall be construed to relinquish any rights of Hopewell
Township under the law.
[Ord. #98-1096, § 6; Ord. #00-1152, § 4]
A general development plan shall be submitted as follows:
a.
The submission shall be accompanied by a fee as required in the Fee
Ordinance;
b.
The general development plan shall be submitted prior to the granting
of preliminary approval. The plan shall be submitted no later than
20 working days prior to the date of the planning board meeting. The
submission shall consist of 15 copies of the required data;
c.
The approving authority shall grant or deny the plan within 95 days
of a complete application, 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.
A general development plan may be granted approval conditioned on
the necessary county, State, municipal or other approving or licensing
agencies acting favorably on or issuing permits and/or licenses prior
to preliminary or final approval of either the entire development
or any phase of the development;
d.
Prior to plan approval, the approving authority shall schedule and conduct a public hearing on the matter. Notice shall be done in accordance with section 17-55, Notice of Hearing;
e.
If, after approval of a general development plan, the applicant wishes
to revise the timing schedule, or to vary the location or types of
land uses, or to increase the density of dwelling units, if applicable,
or to increase the floor area ratio of nonresidential uses, the plan
may be revised or amended only upon an application by the developer
approved by the approving authority except, however, that the developer
may reduce the number of dwelling units, if applicable, of reduce
the amount of nonresidential floor space by no more than 15% of the
prior approved general development plan without requiring approval
by the approving authority, except that there shall be no reduction
in the level of improvements, off-tract contributions, participation
in the housing program (other than developmental fees based upon the
equalized assessed value of improvements to the property), or similar
conditions set forth in the earlier plan approval unless and until
there is a revised plan approved by the approving authority. A revision
to the timing schedule shall be reviewed by the approving authority.
Any delays in complying with the prior approved timing schedule that
have been determined by the approving authority to have been caused
by matters beyond the reasonable control of the developer shall result
in an extension of all subsequent phases of the development by at
least six months, unless more time is approved by the approving authority.
Matters beyond the reasonable control of the developer shall include
but not be limited to such things as delays in receiving governmental
licenses and approvals where the developer made timely and complete
submissions allowing for normal processing times, any lawsuits enjoining
or delaying development from proceeding, strikes, war, national emergencies,
or amended or new laws requiring new or amended applications for licensing
or other governmental approvals and major national economic changes.
Matters determined by the approving authority to have been within
all or some control of the developer shall be judged on an individual
basis;
f.
Upon the completion of each section of the development, defined as
having received every certificate of occupancy for every structure
in each section, the developer shall notify the administrative officer,
by certified mail, that the developer is fulfilling his obligations
under the approved plan. If such notification is not received, the
township shall notify the developer, by certified mail, in order to
determine whether or not the terms of the agreement of the approved
plan are being complied with;
g.
If a developer does not complete any section of the development within eight months of the date provided in the approved plan, or within the amended time schedule as provided in subsection 17-126.7e above, or at any time the township has cause to believe that the developer is not fulfilling his obligations, the township shall notify the developer, by certified mail, and the developer shall have 30 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plans. If, after a hearing on the matter, the township finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall terminate 30 days thereafter;
h.
In the event a developer who has general development plan approval
does not apply for preliminary approval of at least the first phase
of the development within five years of the date of approval of the
general development plan, the township shall have cause to terminate
the approval;
i.
In the event that a development is complete before the end of the
term of approval, the approval shall terminate on the date upon which
a certificate of occupancy has been issued for the final 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.
