The following development review procedures
shall apply to all planned developments, except that the plan elements
that relate to residential uses shall not be required for a planned
commercial development or a planned industrial development. The approval
process begins with the submission of a complete general development
plan.
The general development plan shall comprise
a comprehensive plan for the development of a planned development
which shall include the land use and development proposals including
the following elements for the subject property.
A. A general land use plan indicating the track area
and general locations of the land uses to be included in the planned
development. The total number of dwelling units and amount of nonresidential
floor area to be provided and the proposed land area to be devoted
to residential and nonresidential use shall be set forth. Additionally,
the proposed types of nonresidential uses shall be set forth, and
the land area to be occupied by each proposed use shall be estimated.
The density and intensity of the entire planned development shall
be set forth, and a residential 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 improvements
to the existing transportation system outside the planned development.
C. A community facility plan indicating the scope and
type of supporting community facilities which may include cultural
or educational facilities, historic sites, libraries, hospitals, firehouses
and police stations.
D. An environmental impact statement in accordance with §
30-46E, excepting subparagraph (3).
[Amended 3-7-2006 by Ord. No. 8-2006]
E. 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 City or the school
district as a result of the completion of the planned development.
The fiscal report also shall include a detailed projection of property
tax revenues which will accrue to the City, county and school district
according to the time schedule for completion of the project.
F. A housing plan outlining the number of housing units
to be provided and the extent to which any housing obligation assigned
to the City will be fulfilled by the development pursuant to N.J.S.A.
52:27D-301 et seq.
G. A local service plan indicating those public services
which the applicant proposes to provide and which may include water,
sewer, cable and solid waste disposal.
H. 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.
I. A stormwater management plan setting forth the proposed
method of controlling and managing stormwater on the site.
J. A utility plan indicating the need for and showing
the proposed location of sewer and water lines, any 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.
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
interest 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.
L. A written development agreement between the City and
the developer relating to the planned development.
Prior to the approval of a planned development,
the Planning Board shall find the following facts and conclusions
which shall be incorporated in the resolution approving the planned
development:
A. That departures by the proposed development from zoning
regulations otherwise applicable to the subject property conform to
the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-65.
B. That the proposals for maintenance and conservation
of the common open space are reliable and the amount, location and
purpose of the common open space are adequate.
C. That provision 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.
E. In the case of a proposed development which contemplates
construction over a period of years, that 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.
All planned developments shall be subject to the development review procedures set forth in Article
VI of this chapter and shall require preliminary approval of a subdivision and site plan.
All planned developments shall require final approval of a subdivision and site plan in accordance with Article
VI of this chapter.
The planned development shall be developed in
accordance with the general development plan approved by the Planning
Board notwithstanding any changes in the Municipal Land Use Law or
any changes to the Land Use and Development Regulations contained
in this chapter which were adopted after the effective date of the
approval.
A. Upon completion of each section of the planned 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. If the City does not receive such notification at the completion
of any section of the development, the administrative officer shall
notify the developer, by certified mail, in order to determine whether
or not the terms of the approved plan are being complied with.
B. If a developer does not complete any section of the
planned development within eight months of the date provided for its
completion in the approved general development plan, or if the City
has cause to believe that the developer is not fulfilling his obligations
under the approved development plan, the administrative officer shall
notify the developer, by certified mail, that the developer shall
have 10 days within which to give evidence that he is fulfilling his
obligations under the approved plan. Thereafter, the City shall conduct
a hearing to determine whether or not the developer is in violation
of the approved plan. If the City at such hearing 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.
C. 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 the approved general development
plan within five years of the date upon which the plan was approved
by the Planning Board, the City shall have cause to terminate the
approval.
D. In the event that a planned 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 planned development. A planned 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 planned 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.