[Added 3-21-1990 by Ord. No. 1870]
A.
The Planning Board is hereby authorized to grant general development plan approval as provided in this article XVI and pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The term "general development plan" means a comprehensive plan for the development of a planned development, including a controlled waterfront development under Article VI, as provided in this article.
B.
Any developer of a parcel of land greater than 100
acres in size, for which the developer is or shall be seeking approval
of a planned development pursuant to the Municipal Land Use Law, may
submit a general development plan to the Planning Board prior to the
granting of preliminary site plan or major subdivision approval of
that development by the Planning Board.
C.
The Planning Board shall grant or deny general development
plan approval within 95 days after submission of a complete application
which has been certified by the Secretary of the Planning Board or
within such further time as may be consented to by the applicant in
writing. Failure of the Planning Board to act within the period prescribed
shall constitute general development plan approval of the planned
development.
D.
The planned development shall be developed in accordance
with the general development plan approval by the Planning Board notwithstanding
any provision of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et
seq., enacted after the effective date of the general development
plan approval.
E.
The duration of the effect of the general development
plan approval shall be determined by the Planning Board using the
guidelines set forth in this subsection, 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 pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. 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, phasing of construction
and coordination of the same, the amount of nonresidential floor area
to be constructed, construction of infrastructure and service facilities,
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.
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 the entirety, according to a schedule
which sets forth the timing, coordination and phasing of the various
sections of the development.
B.
The general development plan shall include but not
be limited to the following:
(1)
A general land use plan at a scale of not less than
one inch equals 200 feet, indicating the tract area and general locations
of the land uses. The total number and location 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 density and intensity of use of the entire planned development
shall be set forth, and a residential density and nonresidential area
ratio shall be provided.
(2)
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,
all of the same to be in compliance with all applicable federal, state
and county permits and requirements.
(3)
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.
(4)
A utility plan indicating the need for and showing
the proposed location of sewage 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.
(5)
A stormwater management plan setting forth the proposed
method of controlling and managing stormwater on the site.
(6)
A community facility plan indicating the scope and
type of supporting community facilities, which may include but not
be limited to educational, sports, recreational and cultural facilities,
historic sites, libraries, hospitals, firehouses and police stations.
(7)
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.
(8)
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, cable, recycling and solid waste disposal.
(9)
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.
(10)
A plan to provide for on-site collection, storage
and pickup of all categories of recyclable materials.
(11)
A plan to provide for conservation, preservation,
protection, policing and emergency access with regard to any unique
on-site topographical features, including but not limited to The Palisades
Cliffs and The Hudson River Waterfront and Shoreline.
(12)
A municipal development agreement, which shall
mean a written agreement between a municipality and a developer relating
to the planned development.
(13)
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 probable impact of the development on the
environmental attributes of the site.
(14)
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 municipality 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, municipality and school district according to the timing schedule provided under Subsection B(9) of this section, and following the completion of the planned development in its entirety.
A.
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, and any other factors which
are in the best interests of the public health, safety and welfare
of the citizens of West New York.
B.
Except as provided hereunder, the developer shall
be required to gain prior written 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 modify the floor area ratio of nonresidential development in any
section of the planned development or make any other material change
in the approved development plan.
C.
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 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.
D.
Except as provided hereunder, once a general development
plan has been approved by the Planning Board, it may be amended or
revised only upon the application by the developer and written approval
by the Planning Board.
E.
A developer, without violating the terms of the general
development plan approval, 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% 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 any 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.
A.
Upon the completion of each section of the development
as set forth in the approved general development plan, the developer
shall notify the Mayor, 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), and otherwise complied
with all requirements for development of each such section. Until
the town receives such notification as to the completion of any section
of development, the town may at any time, upon notice to the developer
by certified mail, make inspections and take all steps 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
development within eight months of the date provided for in the approved
plan, or if at any time the town has cause to believe that the developer
is not fulfilling his obligations pursuant to the approved plan, the
town 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 Planning Board
thereafter shall conduct a hearing to determine whether or not the
developer is in violation of the approved general development plan.
If, after such hearing, the Planning Board finds good cause to terminate
the approval, it shall provide written notice of the 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 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 town shall have
cause to terminate the approval.
D.
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 as of the
completion of the development. For the purpose 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 and the development agreement
Prior to approval of any planned development
under this article, the Planning Board shall find the following facts
and conclusions:
A.
That departures by the proposed development from the
zoning regulations of the town otherwise applicable to the subject
property conform to the standards of this chapter 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 proposed development in the total completion
of the development are adequate.
