The purpose of this article is to provide procedures for the
review and approval of applications for subdivisions, site plans,
conditional uses, and general development plans in Oceanport Borough.
A.
Subdivision review. All subdivisions, as defined under Article II of this chapter, are subject to the review procedures specified herein.
B.
Site plan review. All site plans, as defined under Article II of this chapter, are subject to the review procedures specified herein. No construction permit shall be issued for any new structure or for an addition to an existing structure and no certificate of occupancy shall be issued for any change of use of an existing structure until a site plan has been reviewed and approved by the appropriate Borough agency, except that:
(1)
A construction permit for a single-family detached dwelling unit
or a two-family dwelling unit and/or their accessory building(s) on
a lot shall not require site plan approval or other approval provided
all prevailing use and bulk standards are satisfied.
(2)
Any change of use from one permitted nonresidential use to another
permitted nonresidential use shall not require site plan approval
if both the Construction Official and the Zoning Officer stipulate
to the Board that the existing site development meets the requirements
of this chapter for the new use, including on-site parking requirements.
C.
Conditional use review. Before a construction permit or certificate
of occupancy shall be issued for any conditional use as permitted
by this chapter, application shall be made to the Planning Board.
The review by the Planning Board of a conditional use shall include
any required site plan review pursuant to this chapter. Public notice
and a hearing shall be required as stipulated by this chapter.
A.
Applicability. Nothing in this section shall be considered mandatory,
but the procedures provided for herein are recommended for the purpose
of expediting the review process and reducing development costs.
B.
Preapplication conference.
(1)
Any developer may request to meet with the Development Review Committee
through coordination with the administrative officer without the payment
of any fees and without obligation.
(2)
A preapplication conference may be used to provide the developer
with an overview of the substantive and procedural aspects of the
development review process, to provide insight as to the acceptability
of the proposed plan, and to offer suggestions for the improvement
of said plan.
(3)
The developer may be required to submit a sketch plan of the proposed
application.
(4)
For the purpose of the preapplication conference only, the sketch
plan need not be drawn to scale nor be prepared by a licensed engineer,
surveyor, architect, landscape architect, or planner but shall contain
sufficient information from a Tax Map or other source to enable the
Development Review Committee to determine the suitability of the proposal
in relation to the standards of this chapter.
(5)
The preapplication conference is a good-faith meeting between the
developer and the Development Review Committee. Nothing discussed
at the conference shall be binding upon either party or upon the Planning
Board.
C.
Concept plan review.
(1)
An applicant for site plan, subdivision or general development plan
approval or an applicant having a particular question which cannot
be resolved at a preapplication conference may request an informal
concept plan review before the Planning Board.
(2)
Standards for the concept plan.
(a)
The concept plan shall contain sufficient detail to enable the
reviewing officials to determine compliance with this chapter, including
the area of all proposed lots and buildings and any dimensions necessary
to determine zoning compliance.
(b)
Roadway and street widths shall be noted, but fully engineered
plans for streets, drainage, and other utility or infrastructure systems
shall not be required.
(c)
The required number of concept plans to be submitted by the
applicant shall be determined by the administrative officer but in
no case shall be less than five plans.
(3)
The applicant shall be required to submit application fees for an
informal concept review before the Planning Board; however, the applicant
shall only be required to post escrow fees for the review services
of the Borough's professional consultants if such review is so requested
by the applicant. At the conclusion of the concept review process,
any unexpended escrow fees will be returned.
(4)
An applicant desiring to have a concept plan informally reviewed
by the Planning Board shall so notify the Secretary of the Planning
Board at least 14 days prior to the next regularly scheduled meeting
of the Planning Board. The Secretary of the Planning Board shall thereafter
notify the applicant of the time and place which has been scheduled
by the Planning Board for the informal review. The informal presentation
before the Planning Board will be scheduled at the conclusion of the
meeting and will be allotted 15 minutes, if time permits.
(5)
Nothing in the concept review process shall be binding upon either
the applicant or the Planning Board.
A.
All formal applications for approval, including minor subdivisions
and site plans, preliminary or final major subdivisions and site plans,
general development plans, and conditional use plans, shall be submitted
with forms provided by the administrative officer and as provided
on the Borough website. The completed application forms shall be accompanied
by all required plans, supporting documentation, application fees
and escrow fees for professional review.
B.
Submission standards.
(1)
Plans and supporting documentation must contain all information herein
required for the type of approval requested. Where there is a question
as to classification of the plan, the applicant may seek advice from
the administrative officer. Failure to provide all required information
will result in the plan being declared incomplete.
(2)
Five copies of all plans and supporting documentation and five copies
of the completed application forms shall be submitted by the applicant
to the administrative officer, where the administrative officer or
his or her representative shall date-stamp the plans upon receipt.
This date shall be considered the official submission date.
C.
Upon receipt of an application, the Board Secretary shall submit
the information to the Board Engineer, who will preliminarily screen
the material and determine completeness relative to the details required
by the appropriate development checklist in this chapter. The Board
Engineer shall either determine the application to be incomplete or
determine that the application is substantially complete and provide
the determination to the administrative officer.
(1)
Should the Board Engineer determine that the application is incomplete,
the reasons for such determination shall be specified in writing to
the applicant, and an appropriately revised plan may thereafter be
submitted to the administrative officer as in the first instance.
(2)
If the Board Engineer determines the application to be substantially
complete, the administrative officer shall schedule the application
for the next available regularly scheduled Planning Board meeting.
D.
The following certifications are required before an application is
heard by the Planning Board:
(1)
All taxes due to the Borough on the property for which application
is made shall be paid.
(2)
Sufficient monies are in the escrow account to cover the cost of
professional reviews.
(3)
Where applicable, the applicant shall submit a certification at the
time of the Planning Board meeting that the plan has been submitted
for review by appropriate outside agencies, such as the New Jersey
Department of Environmental Protection in the case of potential wetlands
or stream encroachment, the Monmouth County Planning Board when the
proposal has frontage on a county road, the New Jersey Department
of Transportation when the proposal has frontage on a state highway,
and any other agency as may be directed by the administrative officer.
A final determination by these agencies shall not be required for
action by the Planning Board, but any action taken shall be conditioned
upon the approval of these agencies.
A.
The developer must comply with the applicable requirements for notice
of a public hearing.
B.
The Board shall take action on minor subdivision and minor site plan
applications within 45 days after the application has been certified
complete or within such further time as may be consented to by the
developer.
C.
Minor subdivisions and minor site plans do not require preliminary
approval and may be voted upon for final action by the Board. The
Board may condition approval upon compliance with any reasonable condition
not in violation with the terms of this chapter or other applicable
local, state, or federal law.
D.
When a minor subdivision or minor site plan is approved by the Board,
at least five prints of the final approved plat, plan or deed descriptions
shall be submitted to the Board by the developer to be signed by the
Chairman and Secretary of the Board. If the minor subdivision or minor
site plan application is denied by the Board, the Secretary of the
Board shall notify the developer of such denial and forward the developer
a copy of the resolution, adopted in accordance with this chapter,
setting forth the reasons for the denial.
E.
Effect of minor subdivision approval.
(1)
The approval of a minor subdivision shall expire 190 days from the
date of approval unless, within such period, a plat conforming to
all conditions of approval is filed in conformity with the provisions
of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly
describing the approved minor subdivision is filed by the developer
with the County Recording Officer, the Borough Engineer, and the Borough
Tax Assessor as required by N.J.S.A. 40:55D-1 et seq.
(2)
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted shall not be changed for a period of two years after the date
of minor subdivision approval, provided the approved minor subdivision
shall have been duly recorded as provided in this subsection.
(3)
If the developer proves to the reasonable satisfaction of the Board
that he or she was barred or prevented, directly or indirectly, from
proceeding with the development because of delays in obtaining legally
required approvals from other government entities and that he or she
applied promptly for and diligently pursued the approvals, the Board
either:
(a)
Shall grant an extension of the approval period not to exceed
one year. The developer shall apply for this extension before:
(b)
May extend the 190-day period for filing a minor subdivision plat or deed pursuant to Subsection C of this section. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
F.
Effect of minor site plan approval. The zoning requirements and general
terms and conditions, whether conditional or otherwise, upon which
minor site plan approval was granted shall not be changed for a period
of two years after the date of minor site plan approval. If the developer
proves to the reasonable satisfaction of the Board that he or she
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other government entities and that he or she applied promptly
for and diligently pursued the approvals, the Board shall grant an
extension of the approval period not to exceed one year. A developer
shall apply for this extension before: 1) what would otherwise be
the expiration date, or 2) the 91st day after the date on which the
developer receives the last of the legally required approvals from
the other governmental entities, whichever occurs later.
G.
Exceptions in application of requirements.
(1)
The rules, regulations and standards set forth in this section shall
be considered the minimum requirements for the protection of the public
health, safety, and welfare of the citizens of the Borough. However,
if the applicant can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement of this
section is impracticable or will exact undue hardship, the Planning
Board may permit such exemption(s) and waiver(s) as may be reasonable
within the general purpose and intent of the rules, regulations and
standards established by this section.
(2)
Exceptions after approvals:
(a)
A building permit or certificate of occupancy may be issued
if all improvements have been installed or completed except the finish
course of the road and the Borough Engineer warrants that completion
of the road is in the Borough's interest after the subdivider has
completed construction of dwellings and structures. The maintenance
guarantee required shall not begin until the finish course has been
installed.
(b)
The Planning Board may confirm with the Construction Official
that the issuance of a temporary certificate of occupancy is permitted
if the following improvements have been bonded but not yet installed:
landscaping, sidewalks, other similar improvements.
A.
The developer must comply with the applicable requirements for notice
of a public hearing.
B.
The Planning Board shall take action on a preliminary major site
plan application involving 10 acres of land or less and 10 dwelling
units or less and/or a preliminary major subdivision application involving
10 lots or less within 45 days after the application has been certified
complete or within such further time as may be consented to by the
developer; provided, however, that the Planning Board shall take action
on a preliminary major site plan or subdivision application which
includes a request for relief pursuant to N.J.S.A. 40:55D-60 within
120 days after the application has been certified complete or within
such further time as may be consented to by the developer. Failure
of the Planning Board to act within the prescribed time period shall
constitute approval of the application.
C.
The Planning Board shall take action on a preliminary major site
plan application involving more than 10 acres of land or more than
10 dwelling units and/or a preliminary major subdivision application
involving more than 10 lots within 95 days after the application has
been certified complete or within such further time as may be consented
to by the developer; provided, however, that the Planning Board shall
take action on a preliminary major site plan or subdivision application
which includes a request for relief pursuant to N.J.S.A. 40:55D-60
within 120 days after the application has been certified complete
or within such further time as may be consented to by the developer.
Failure of the Planning Board to act within the prescribed time period
shall constitute approval of the application.
D.
The Planning Board shall take action on a preliminary major site
plan or subdivision application which includes a request for relief
pursuant to N.J.S.A. 40:55D-70d within 120 days after the application
has been certified complete or within such further time as may be
consented to by the developer. In the event that the developer elects
to submit separate consecutive applications, the aforesaid provision
shall apply to the application for approval of the variance. The period
for granting or denying any subsequent approval shall be as otherwise
provided in N.J.S.A. 40:55D-1 et seq. Failure of the Planning Board
to act within the prescribed time period shall constitute approval
of the application.
E.
The Board may condition preliminary major subdivision or site plan
approval upon compliance with any reasonable condition not in violation
with the terms of this chapter or other applicable local, state, or
federal law.
F.
When a preliminary major subdivision or site plan is approved by
the Board, at least 12 prints of the plat or plan shall be submitted
to the Board by the developer to be signed by the Chairman and Secretary
of the Board and the Borough Engineer. If the preliminary major subdivision
or site plan application is denied by the Board, the Secretary of
the Board shall notify the developer of such denial and forward the
developer a copy of the resolution, adopted in accordance with this
chapter, setting forth the reasons for the denial.
G.
Effect of preliminary major subdivision or site plan approval.
(1)
The preliminary approval of a subdivision or site plan shall, except as provided in Subsection D of this section, confer the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including, but not limited to, use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; and off-tract improvements; and, in the
case of a site plan, any requirements peculiar to site plan approval
pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be
construed to prevent the Borough from modifying by ordinance such
general terms and conditions of preliminary approval as relate to
public health and safety;
(b)
That the developer may submit an application for final approval,
on or before the expiration date of preliminary approval, the whole
or a section or sections of the preliminary subdivision plat or site
plan, as the case may be; and
(c)
That the developer may apply for, and the Planning Board may
grant, an extension of the preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
(2)
In the case of a subdivision of, or site plan for, an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection G(1)(a), (b) and (c) of this section for a reasonable period of greater than three years, but not more than seven years. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of the preliminary approval for not more than three additional one-year periods, provided that if the design standards have been revised by ordinance, such revised standards may govern. The granting of this extended approval period shall be based upon the Planning Board's consideration of such factors as:
(3)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection G(1) or (2) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Planning Board shall grant an extension of preliminary approval
for a period determined by the Board, but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that he or she was barred
or prevented, directly or indirectly, from proceeding with the development
because of delays in obtaining legally required approvals from other
governmental entities and that the developer applied promptly for
and diligently pursued the required approvals. A developer shall apply
for the extension before 1) what would otherwise be the expiration
date of preliminary approval, or 2) the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later.
H.
Concurrent preliminary and final subdivision and site plan approval.
(1)
The Planning Board may, as its discretion, approve a request from
a developer to concurrently consider preliminary and final subdivision
and/or site plan approval, provided that:
(a)
The application does not involve the construction of a new street.
(b)
The application involves the creation of 10 or fewer lots.
(c)
The total square footage of nonresidential construction involves
less than 25,000 square feet of floor area and less than 30,000 square
feet of impervious surface.
A.
The Planning Board shall take action on a final major site plan or
subdivision application within 45 days after the application has been
certified complete or within such further time as may be consented
to by the developer. Failure of the Planning Board to act within the
prescribed time period shall constitute approval of the application.
B.
The Planning Board may condition approval upon compliance with any
reasonable condition not in violation with the terms of this chapter
or other applicable local, state, or federal law.
C.
All final plans shall be revised to incorporate any conditions of
approval, and, when all such conditions have been met, 12 copies of
the revised final plat shall be submitted to the administrative officer
to be signed by the Chairman and Secretary of the Planning Board.
D.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plats unless, within such period, the plat
shall have been filed by the developer with the County Recording Officer,
in conformity with the provisions of the Map Filing Law, N.J.S.A.
46:23-9.9 et seq. The Planning Board may, for good cause, extend the
time period for filing for an additional 190 days from the date of
signing of the plats. The Planning Board may extend the ninety-five-day
or 190-day period if the developer proves to the reasonable satisfaction
of the Planning Board that the developer was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Planning Board. The developer may apply for the extension either
before or after what would otherwise be the expiration date.
E.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval first
granted and all other rights granted to the developer pursuant to
the preliminary approval, whether conditionally or otherwise, shall
not be changed for a period of two years after the date on which the
resolution of final approval is adopted, provided that the developer
has duly recorded the major subdivision plat as provided for in N.J.S.A.
40:55D-54.
(2)
If the developer has duly recorded the major subdivision plat as
provided for in N.J.S.A. 40:55D-54, the Planning Board may grant an
extension of the final approval for not more than three additional
one-year periods.
(3)
Notwithstanding any other provisions of N.J.S.A. 40:55D-1 et seq.,
the granting of final approval terminates the time period of preliminary
approval for the section(s) granted final approval.
(4)
In the case of a subdivision or site plan for a planned development of 50 acres or more, a conventional subdivision or site plan for 150 acres or more, or site plan for development of nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection E(1) and (2) of this section for a reasonable period of greater than two years, but not more than seven years. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:
(5)
Whenever the Planning Board grants an extension of final approval pursuant to Subsection E(1), (2) or (4) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(6)
The Planning Board shall grant an extension of final approval for
a period determined by the Board, but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that he or she was barred
or prevented, directly or indirectly, from proceeding with the development
because of delays in obtaining legally required approvals from other
governmental entities and that he or she applied promptly for and
diligently pursued the required approvals. A developer shall apply
for the extension before a) what would otherwise be the expiration
date of preliminary approval or b) the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later.
(7)
All final approvals are conditioned upon submission of required bonds or other surety of a form satisfactory to the Borough, as prescribed in § 390-81. If required street, utility, and similar improvements are not constructed, the Borough may call said bond or surety and use its proceeds to construct said improvements at the applicant's expense.
A.
The Planning Board may condition conditional use approval upon compliance
with any reasonable conditions not in violation with the terms of
this chapter or other applicable local, state, or federal laws.
B.
The Planning Board shall take action on an application for a conditional
use within 95 days of submission of a complete application or within
such further time as may be consented to by the developer.
C.
The Planning Board shall take action on a conditional use approval
application which includes a request for relief pursuant to N.J.S.A.
40:55D-70d within 120 days after the application has been certified
complete or within such further time as may be consented to by the
developer. In the event that the developer elects to submit separate
consecutive applications, the aforesaid provision shall apply to the
application for approval of the variance. The period for granting
or denying any subsequent approval shall be as otherwise provided
in N.J.S.A. 40:55D-1 et seq. Failure of the Planning Board to act
within the prescribed time period shall constitute approval of the
application.
No planned development (including planned unit developments,
residential clusters, planned commercial developments, or planned
industrial developments) shall be authorized unless the Planning Board
first makes all of the following determinations:
A.
That the plan fully complies with the requirements of this chapter
and the departures by the proposed planned development from the zoning
regulations otherwise applicable to the subject property conform to
those standards in this chapter applicable to the permitted planned
development;
B.
That the proposals for maintenance and conservation of common open
space are reliable, and that the amount, location, and purpose of
the common open space are adequate;
C.
That the 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;
D.
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
and
E.
That, in the case of a proposed planned development which contemplates
construction over a period of years, the terms and conditions intended
to protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
A.
The general development plan shall set forth the permitted number
of dwelling units, the amount of nonresidential floor space, the residential
density and the nonresidential floor area ratio for the planned development,
in its entirety, according to a schedule which sets forth the timing
of the various sections of the development.
B.
Every developer for approval of a PUD general development plan shall
submit the following documentation for review by the Borough:
(1)
Each report shall be prepared by appropriate professional experts,
licensed by the State of New Jersey when applicable. Reports shall
be of sufficient detail to allow for reasonable review by the Borough's
own experts, at the applicant's expense.
(a)
A report analyzing the impact of traffic generated by the proposed
PUD on nearby roadways.
(b)
A stormwater management plan setting forth the proposed method
of controlling and managing stormwater on the site.
(c)
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.
(d)
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.
(e)
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. 52:27D-301 et seq.) will
be fulfilled by the development.
(f)
A local service plan indicating those public services which
the developer proposes to provide, which may include, but not be limited
to, water, sewer, cable, and solid waste disposal.
(g)
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 Borough or school districts 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, Borough and school district according
to the projected development schedule as required below, and following
the completion of the planned development in its entirety.
(2)
The PUD general development plan shall include the following information:
(a)
A schematic land use plan containing sufficient information
to allow a determination that the plan is capable of satisfying the
requirements of this chapter. The plan shall include:
[1]
A hierarchical circulation system, but may be exclusive of local
streets. Guidelines for bicycle and pedestrian circulation should
also be provided.
[2]
Generalized land use by section. This plan need not contain
detailed development design but shall include the area of each section,
its intended use, and the maximum number of residential dwelling units
or nonresidential square feet which are anticipated.
[3]
A system of open space, recreational amenities, and necessary
community facilities shall be noted.
(b)
A description or schematic plan of utility service by which
it can be determined that adequate capacity exists for distribution,
collection, and/or treatment of water, sanitary waste, solid waste,
electric, gas, and telephone service. No PUD general development plan
shall be approved without all principal buildings being served by
public sewer and water service.
(c)
An estimate of the cost of completing required public and common
services, including recreational amenities, circulation system improvements,
utility lines, community facilities, and such other improvements as
may be deemed necessary. This estimate shall include the cost of all
on-site improvements and a fair share of all required off-site improvements.
(d)
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.
(e)
A municipal development agreement, which shall mean a written
agreement between the Borough and a developer relating to the planned
development.
(f)
A detailed plan explaining how common areas are to be owned,
managed, maintained, and administered. The submission shall include
the proposed bylaws of any homeowners', community, or condominium
association to be established.
B.
General development plan approval of a PUD must be granted by the
Planning Board prior to the Planning Board taking action on preliminary
approval on any section. Each PUD shall be developed in accordance
with a general development plan approved by the Planning Board, notwithstanding
any provision of N.J.S.A. 40:55D-1 et seq. or an ordinance or regulation
adopted pursuant thereto after the effective date of the approval.
C.
The Planning Board shall take action on the general development plan
application within 95 days after the submission of a complete application
or within such further time as may be consented to by the developer.
Failure of the Planning Board to act within the period prescribed
shall constitute general development plan approval of the planned
development.
D.
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 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:
(1)
In making its determination regarding the duration of the effect
of approval of the 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, and the contents of the general development plan and
any conditions which the Planning Board attaches to the approval thereof.
(2)
The approval may be extended by the Planning Board for good cause
for additional two-year periods, but the Planning Board shall have
the right to include with each extension a requirement that the PUD
comply with such additional conditions as the Planning Board may deem
appropriate and in the public interest. In no case shall the term
of the effect of the approval and any extensions exceed 20 years from
the date upon which the developer receives final approval of the first
section of the planned development.
E.
The developer shall, to the satisfaction of the Borough, construct
required improvements or post sufficient bond, notes, or letters of
credit to insure that, in the event that the PUD is not fully developed
prior to the expiration of the general development plan, adequate
recreational, circulation, utility, and community facilities shall
be provided to the residents and occupants of those portions of the
development which are completed.
F.
Approval of the PUD general development plan does not relieve the
developer of the necessity to apply for preliminary and final site
plan or subdivision approval for each and every section of the development
and to fully comply with the requirements of this chapter.
G.
Any guarantees or rights granted pursuant to approval of a subdivision
or site plan for a specific section shall run independently of the
term of the general development plan approval.
(1)
In the event that a general development plan approval expires prior
to the expiration of rights granted pursuant to a subdivision or site
plan for a specific section, the rights granted to that section shall
remain in effect for the period guaranteed by N.J.S.A. 40:55D-1 et
seq.
(2)
Upon the expiration of general development plan approval, the conditional
approval of the PUD shall be deemed to have expired, and the land
shall be regulated by the zoning regulations of the underlying district.
H.
The Planning Board may condition approval upon compliance with any
reasonable condition not in violation of the terms of this chapter
or other applicable local, state, or federal laws.
I.
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 Borough and the region,
and the availability and capacity of public facilities to accommodate
the proposed development.
J.
Except as provided hereunder, 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 density of residential development or the floor area
ratio of nonresidential development in any section of the planned
development.
(1)
Any variation in the location of land uses or increase in density
or floor area ratio proposed in reaction to a negative decision of,
or condition of development approval imposed by, the Department of
Environmental Protection and Energy pursuant to P.L. 1973, c. 185
(N.J.S.A. 13:19-1 et seq.) 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 such
determination by the Department of Environmental Protection and Energy.
K.
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.
(1)
A developer, without violating the terms of the approval pursuant
to N.J.S.A. 40:55D-1 et seq., may, in undertaking any section of the
planned development, reduce the number of residential units or amount
of nonresidential floor space by no more than 15% or reduce the residential
density or nonresidential floor area ratio 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 Borough approval.
L.
Upon the completion of each section of the development as set forth
in the approved general development plan, the developer shall notify
the administrative officer, by certified mail, as evidence that the
developer is fulfilling his obligations under the approved plan. For
the purpose 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. 52-27D-133). If the Borough does
not receive such notification at the completion of any section of
the development, the Borough shall notify the developer, by certified
mail, in order to determine whether or not the terms of the approved
plan are in compliance with the approval.
(1)
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 Borough has cause to believe that the developer is
not fulfilling his obligations pursuant to the approved plan, the
Borough shall 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 Borough thereafter
shall conduct a hearing to determine whether or not the developer
is in violation of the approved plan. If, after such hearing, the
Borough 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.
(2)
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 approval within five
years of the date upon which the general development plan has been
approved by the Planning Board, the Borough shall have cause to terminate
the approval.
M.
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.
A.
Compliance. All applicable requirements shall be met at the first
time of erection, enlargement, alterations, moving or change in use
of a structure and shall apply to the entire structure or structures,
whether or not the entire structure or structures were involved in
the erection, enlargement, alteration, moving or change in use.
B.
Time limit on variances.
(1)
Applicable time limit. Any variance granted by the Planning Board
or the Planning Board pursuant to N.J.S.A. 40:55D-70c or d shall expire
and become null and void two years from the date such variance is
granted unless, within said period, the applicant obtains a building
permit or otherwise avails himself of the said approval; provided,
however, that in the event that such variance is approved in conjunction
with a major subdivision or site plan approval, then such variance
shall not expire and become null and void until three years after
the preliminary approval for such site plan and/or subdivision is
granted and any approved extensions thereof, or if final approval
is granted for such development, two years from the date of the final
approval and any approved extensions thereof.
(2)
Varying time periods. Nothing contained herein shall be construed as preventing the applicable municipal agency from specifying a shorter or longer period of time than noted in Subsection B(1) above pursuant to approvals granted to variance applications under N.J.S.A. 40:55D-70c or d that are not in conjunction with a major subdivision or site plan approval.
C.
Commencement of time periods. For the purpose of calculating the
times provided for in this section, such time periods shall commence
on the date the municipal agency memorializes its approval by written
resolution.
