[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.
c. 
Any revisions to said checklist shall be made by ordinance.
1. 
Amendments to checklist:
(a) 
September 7, 2000 by Ordinance No. 00-1165.
(b) 
April 5,2001 by Ordinance No. 00-1187.
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.
a. 
Sites must have a minimum of 250 acres of land area.
b. 
Sites must be located within either the RO or the IOP-G zoning districts.
[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.