[Added 7-3-2007 by Ord. No. 07-2]
A. Purpose and applicability.
(1) The purpose of this section is to permit and encourage
the submission of conceptual general development plans that present
a comprehensive plan for a proposed mixed-use development. The general
development plan is intended to prompt an integrated approach to site
planning that relates to the existing development patterns in the
City.
(2) A developer of a parcel or parcels of land totaling
more than 50 acres in size for which the developer is seeking approval
of a planned development may submit a general development plan to
the Planning Board prior to the submission of preliminary subdivision
or site plans to the Planning Board.
(3) The general development plan shall set forth the proposed
and permitted number of dwelling units and the residential density,
and the amount of nonresidential floor space for the proposed development
in its entirety according to a schedule which sets forth the timing
of the various sections of the development.
(4) The general development plan shall be designed to
promote and encourage the conservation of natural features and the
efficient use of resources in subdivision and site design while remaining
responsive to market demands for residential and nonresidential development.
To the extent possible, a general development plan should be designed
to reduce infrastructure and service costs over the long term and
to provide a pedestrian-friendly environment.
B. Required submission items. The general development
plan submission shall include the following:
(1) A general land use plan indicating the tract area
and general location of land uses to be included in the planned development
at a scale not smaller than one inch equals one hundred feet. The
total number of proposed dwelling units and the amount of nonresidential
floor area to be provided and the proposed land area to be devoted
to residential and nonresidential uses shall be set forth.
(2) 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 use shall be estimated, including the area to
be devoted to parking and stormwater management, for the proposed
uses.
(3) A circulation plan showing the general location and
types of transportation facilities, including the relationship to
public transportation and facilities for pedestrian access, within
the planned development and any proposed improvements to the existing
transportation system outside the planned development.
(4) An open space plan showing the proposed land area
and general location of parks and any other land areas 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. The
open space plan should include a calculation of the total area that
will be available for public or semipublic use.
(5) A utility plan indicating the need for and showing
the proposed location of sewer and water lines, and information regarding
the available capacity for utility facilities. Additionally, storm
drainage facilities, proposed methods for handling solid waste disposal,
and a plan for the operation and maintenance of proposed utilities
shall be included.
(6) A general stormwater management plan setting forth
the proposed method of controlling and managing stormwater on the
site; stormwater calculations may be deferred to preliminary subdivision
or site plan application.
(7) 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.
(8) 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.
(9) A housing plan outlining the number and type of housing
units to be provided and the manner in which any affordable housing
obligation will be fulfilled by the development, if applicable.
(10)
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, gas/electric and solid waste disposal.
(11)
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 the
school districts as a result of the completion of the planned development.
The fiscal impact report shall also include a projection of property
tax revenues which will accrue to the county, municipality and school
district according to the timing schedule provided.
(12)
A proposed timing schedule for the phasing of
the project if it is anticipated that the development will be completed
over a number 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.
(13)
A municipal development agreement, which shall
mean a written agreement between a municipality and a developer relating
to the development.
C. Required findings by the Planning Board. Prior to
approval of a general development plan, the Planning Board shall make
the following facts and conclusions.
(1) That departures by the proposed development from zoning
regulations otherwise applicable to the subject property conform to
the Zoning Ordinance standards that may be specific to a planned development.
(2) That proposals for maintenance and conservation of
the common open space are reliable, and that the amount, location
and purpose of the common open space are adequate.
(3) That 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.
(4) That the proposed planned development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established.
(5) 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.
(6) That the proposal is responsive to the natural features
of the site and is designed in a manner that preserves valuable site
characteristics identified in the environmental inventory.
(7) That the proposal advances the principles of smart
growth by providing opportunities for vehicular and pedestrian interconnectivity,
where feasible, by encouraging the efficient use of land, and by safeguarding
the character of existing stable neighborhoods.
D. Approval process and duration.
(1) The Planning Board shall grant or deny general development
plan approval within 95 days after submission of a complete application
to the administrative officer.
(2) 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 approval shall
not exceed 20 years from the day upon which the developer receives
final approval of the first section of the planned development. In
making its determination regarding the duration of the approval of
the development plan, the Planning Board shall consider the following:
(a)
The number of dwelling units or amount of nonresidential
floor area to be constructed.
(b)
Prevailing economic conditions.
(c)
The timing schedule to be followed and likelihood
of its fulfillment.
(d)
The developer's capability of completing the
development.
(e)
The contents of the general development plan
and any conditions which the Planning Board attaches thereto.
(3) 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 market and economic conditions, anticipated actual needs
for residential units and nonresidential space within the City and
the region, and the availability and capacity of public facilities
to accommodate the proposed development.
(4) 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 and approval of the
Planning Board. The exceptions are listed below:
(a)
If a variation in land uses or increase in density
or floor area ratio is proposed in response to a negative decision
of or a condition of development approval imposed by the N.J. Department
of Environmental Protection, and there is a valid environmental reason
for such decision, the variation 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 a determination by the Department of Environmental Protection.
(b)
Planning Board approval is not required if the
developer seeks to reduce the number of residential dwellings or reduce
the amount of nonresidential floor space by no more than 15% without
otherwise violating the terms and conditions of the general development
plan approval.
(5) Completion, failure to apply and termination of approval.
(a)
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 has been approved by the Planning Board, the municipality
shall have cause to terminate the approval.
(b)
If a developer does not complete any section
of the development within one year of the date provided for in the
approved 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 City shall notify the developer by certified mail,
and the developer shall have 10 days within which to give evidence
that he is fulfilling his obligation pursuant to the plan. The City
thereafter shall conduct a hearing to determine whether or not the
developer is in violation of the approved plan. If after such hearing
the City 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 development which is the
subject of a general development plan is completed before the end
of the term of the approval, the approval shall terminate with the
completion of the development.