The minimum land area required for the submittal
of a general development plan application shall be 100 acres.
The applicant shall submit an application and
associated documentation to the Board Secretary at least 30 days prior
to a regularly scheduled meeting.
The Board Engineer, Planner, and other professional staff shall review all aspects of the application and shall recommend to the Board which of the plans enumerated in §
215-138 should be submitted by the applicant.
The Board or its designee shall determine the
completeness of the application in accordance with the checklist adopted
by Ordinance No. 1990-7. No application shall be scheduled for a public
hearing unless it is determined to be complete.
If the application is found to conform to the definition of a general development plan and is determined to be complete, the Board or its designee shall set a time and date for a public hearing and shall so advise the applicant. The Board may delegate the setting of the time and date for public notice and hearing to the Board Secretary. Public notice shall be given in accordance with the Municipal Land Use Law and Chapter
18, Land Use Procedures, §
18-29, of the Code of the Township of Springfield. All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing.
If during the hearing on the submission the
Board requires any substantial amendment in the layout of the tract
or its improvements, as proposed by the applicant, that has been the
subject of said hearing, an amended application shall be submitted
and acted upon as an original submission.
Any and all lands contemplated for development
under the provisions of the general development plan shall be included
in the application.
[Amended 3-13-2024 by Ord. No. 2024-01]
A. The terms and conditions of general development plan
approval shall not be modified, revoked or otherwise impaired by action
of the Township without the consent of the applicant for a period
of years to be determined by the Land Development Board in light of
the following factors:
(1) The square feet of nonresidential floor area permissible
under the general development plan approval;
(2) Prevailing economic conditions;
(3) The timing schedule to be followed in completing the
development and the likelihood of its fulfillment;
(4) The developer’s capability of completing the
development;
(5) The contents of the general development plan; and
(6) Any conditions which the Board has attached to the
approval.
B. In the event the developer has not applied for preliminary
approval of a section or sections of an approved general development
plan within five years of the date of the grant of general development
approval, such approval may be terminated by the Land Development
Board upon written notice to the applicant.
C. 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 Township has cause to believe that the
developer is not fulfilling his obligations pursuant to the approved
plan and/or “municipal development agreement,” the Township
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. The Township shall then conduct a hearing to determine
whether or not the developer is in breach of his agreement or the
terms and conditions of his approval. If the hearing leads the Township
to find good cause to terminate the approval, it shall provide notice
of same to the developer. General development plan approval shall
be terminated 30 days thereafter.
D. The Land Development Board may extend the rights conferred
by the grant of general development plan approval but not longer than
20 years from the date when the developer receives final approval
of the first section of the planned development.
E. The applicant may petition and the Land Development
Board may grant a modification of the proposed timing schedule. In
deciding whether or not to grant approval of the modification the
Board must take the following into consideration:
(1) The anticipated and actual needs for commercial space
within the municipality and the region;
(2) The availability and capacity of public facilities
needed to accommodate the proposed development; and
(3) The prevailing economic and market conditions; provided
however, that, if the Township’s design standards have been
revised, such revised standards shall govern.
F. Once a general development plan has been approved
by the Land Development Board the developer may not vary the location
of land uses within the planned development or increase the floor
area ratio of commercial development in any section of the planned
development without the prior approval of the Land Development Board,
except that a developer may, without Board approval, reduce the amount
of commercial floor space and/or the commercial floor area ratio by
no more than 15%.
Upon the granting of general development plan
approval by the Board, copies of the approved documents, including
the resolution of approval, shall be sent to:
E. Construction Code Official.
H. Such other municipal, county or state agencies or
officials as directed by the Board or in the resolution of approval.