[Article XB was replaced in entirety by Ord. No. 2018-11. Prior history: Ord. No. 92-37]
[Ord. No. 2018-11 § 4]
The intention of this article is to provide a flexible procedure for review, consideration, and hearings involving residential 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 with regard to planned developments.
[Ord. No. 2018-11 § 4]
Any developer of a parcel of land greater than 100 acres in size located in the R-1, R-1/AH, R-2, R-2/AH, and R-HF-W zoning districts and 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 subdivision approval.
[Ord. No. 2018-11 § 4]
The general development plan shall be submitted on a series of sheets 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 not larger than 42 inches by 60 inches. Enlargements of portions of the plan may be submitted on separate sheets of the same size.
[Ord. No. 2018-11 § 4]
A general development plan shall include the following:
(a) 
A general land use plan indicating the tract area and general locations of the land use uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, 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 proposed use shall be estimated. The gross density and intensity of use of the entire planned development shall be set forth, and a residential gross as well as net density and a nonresidential floor area ratio shall be provided;
(b) 
A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned development and any proposed improvement to the existing transportation system outside the planned development. The plan shall indicate:
(1) 
Projected peak hour traffic volumes on arterial and collector roads at the estimated time of completion of the initial proposed section of the planned development and at the time of completion of ultimate development of the project, including both internal and adjacent external volumes.
(2) 
Peak hour volume capacity relationship or level of service at ultimate development on major collector and arterial roads servicing the planned development.
(3) 
Projected peak hour turning movements at ultimate development for all major intersections, both internally and adjacent to the project.
(4) 
A general description of any off-tract road or intersection improvements necessitated by the planned development and a general schedule for their implementation.
(5) 
The traffic circulation plan shall describe appropriate mass transit opportunities within and to the planned development, including any traffic management techniques anticipated to be utilized in achieving peak hour traffic reductions.
(c) 
An open space plan showing the proposed land area and general location of parks and any other land area 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.
(d) 
A utility plan indicating the need for and showing the proposed location of sewage and water lines and drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities;
(e) 
A storm water management plan setting forth the proposed method of controlling and managing storm water on the site;
(f) 
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;
(g) 
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;
(h) 
If applicable, 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 (N.J.S.A. 52:57D-301 et seq.) will be fulfilled by the development;
(i) 
A local service plan indicating those public services which the applicant proposes to provide and which may include, but are not limited to, water, sewer, cable, and solid waste disposal;
(j) 
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 school district as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, the municipality and school district according to the timing schedule provided under subsection (k) of this section and following the completion of the planned development in its entirety;
(k) 
A proposed timing schedule in the case of a planned development whose construction is contemplated over a period 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. In addition, the timing schedule shall indicate:
(1) 
That adequate protection is provided to ensure the proper disposition of each stage through the use of maintenance and performance guarantees, covenants, and other formal agreements;
(2) 
Information which indicates that the stage is substantially self-functioning and self-sustaining with regard to access, utility services, parking, common open space, all amenities, and other similar 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;
(3) 
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.
(4) 
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 as appropriate.
a. 
A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.
[Ord. No. 2018-11 § 4]
(a) 
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 of any ordinance or regulation adopted pursuant thereto after the effective date of the approval.
(b) 
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in subsection (c) of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development.
(c) 
In making its determination regarding the duration of the effect of approval of the general development plan, the Planning Board shall consider: the number of dwelling units or amount of nonresidential floor area to be constructed; prevailing economic conditions; the timing schedule to be followed in completing the development and the likelihood of its fulfillment; the developer's capability of completing the proposed development; traffic management techniques and the level of infrastructure improvements contemplated; and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.
[Ord. No. 2018-11 § 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 economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and the region, and the availability and capacity of public facilities to accommodate the proposed development.
[Ord. No. 2018-11 § 4]
The developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the gross density of residential development or the floor area ratio of nonresidential development in any section of the planned development.
[Ord. No. 2018-11 § 4]
(a) 
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 approved by the Planning Board.
(b) 
A developer, without violating the terms of the approval pursuant to this section, may, in undertaking any section of the planned development, reduce the number of residential units or amounts of nonresidential floor space by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), without prior municipal approval.
[Ord. No. 2018-11 § 4]
(a) 
Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the municipal clerk by certified mail that the developer has fulfilled his obligations under the approved plan. For the purposes of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure as set forth in the approved general development plan and pursuant to section 15 of P.L. 1975, c. 217 (N.J.S.A. 52:57D-133). If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
If a developer does not complete any section of the development within the time required in the Planning Board's approval of the general development 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 municipality may so notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The municipality, upon advice and recommendation of the Planning Board, thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality 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.
(b) 
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 was approved by the Planning Board, the municipality shall have cause to terminate the approval. However, the Planning Board in establishing the timing schedule and the municipality in negotiating the development agreement respectively, may allow for preliminary approval for section(s) of the planned development to be applied for subsequent to five years of the date upon which the general development plan has been approved by the Planning Board; in which case, the municipality shall not have cause to terminate the general development plan approval as long as the timing schedule and the development agreement allowing section by section preliminary approvals subsequent to the five-year period are being met.
[Ord. No. 2018-11 § 4]
In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential 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.