[Added 1-12-2010 by Ord. No. 10-OR-001]
A. Findings required for general development plan approval. Prior to
approval of a planned development, the Planning Board shall first
find 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.
(2)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose for
the common space are adequate.
(3)
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.
(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, not to exceed 14 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.
B. General development plans.
(1)
General development plan requirements.
(a)
A developer of a parcel of land greater than 100 acres in size
for which the developer is seeking approval of a planned development
may submit a general development plan to the Planning Board for approval
prior to the granting by the Planning Board of preliminary major site
plan or preliminary major subdivision approval. 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)
The general development plan may include, but shall not be limited
to:
[1] A land use plan at a scale of one inch equals 100
feet indicating the tract 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 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 a nonresidential
floor area ratio shall be calculated and 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.
[3] A stormwater management plan, setting forth the
proposed method of controlling and managing stormwater on the site.
[4] 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 proposed improvements, including a plan for the operation and maintenance
of parks, recreational lands and other types of open space.
[5] A utility plan indicating the need for and showing
the proposed location of all utilities, including 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 all proposed utilities.
[6] A community facility plan indicating the scope
and type of supporting community facilities which may include, but
shall not be limited to, educational or 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 Township by the New Jersey Council on Affordable Housing
pursuant to N.J.S.A. 52:27D-301 et seq. will be fulfilled by the development.
[8] 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 Township or the Burlington Township School District 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, Township, and school district according to the timing schedule provided under Subsection
B(1)(b)[9] and following the completion of the planned development in its entirety.
[9] A proposed timing schedule, in the case of a planned
development whose construction is contemplated over a period of years,
not to exceed 14 years, including any terms or conditions which are
intended to protect the interests of the public and of the residents
who will occupy any section of the planned development prior to the
completion of the development, in its entirety.
[10] An environmental inventory, including a general
description of the vegetation, soils, topography, geology, surface
hydrology, climate and cultural resources of the site, all existing
man-made or natural structures or features and the probable impacts
of the development on such environmental aspects of the site, and
such other information as may be required by the Planning Board for
an environmental impact statement (EIS).
[11] 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 and solid waste disposal.
[12] A development agreement, between the Township
and the developer, which shall set forth in detail the respective
rights and responsibilities of the developer and the Township, relating
to the planned development.
(2)
General development plan application and approval process.
(a)
The checklist entitled "Burlington Township Land Development
Checklist for General Development Plan," consisting of 34 items, attached
hereto as Exhibit A, is hereby adopted.
(b)
An application for general development plan approval shall include
submission of all items included on the checklist adopted pursuant
to this section and payment of the filing fees and the escrow deposit
for professional services for review of the application in the following
amounts:
[1] Filing fee: $2,000 for the initial submission and
$500 for each amendment or revised submission.
[2] Escrow account: $10,000, with the initial submission
and subsequent deposits in accordance with the terms of the escrow
agreement between the developer and the Township.
(c)
General development plan approval shall be granted or denied
within 95 days of the date of the submission of a complete application
or within such further time as may be consented to by the applicant.
Failure of the Planning Board to act within such time shall constitute
general development plan approval of the planned development.
(d)
Term of general development plan and factors to be considered.
The term of the effect of the general development plan approval shall
be determined by the Planning Board by considering the following guidelines
set forth in N.J.S.A. 40:55D-45.1(c): 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.
(e)
Approval terminated upon completion. 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. A development shall be considered
complete on the date upon which the 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 its obligations pursuant to the approval.
(f)
Modification of timing schedule. 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 account prevailing economic and market conditions, anticipated
and actual needs for residential units and nonresidential space within
the Township and the region, and the availability and capacity of
public facilities to accommodate the proposed development.
(g)
Variation approval. 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.
C. Post-approval reporting obligation.
(1)
At least once every two years following GDP approval by the
Planning Board, the developer/applicant shall submit a written report
to the Planning Board describing the status of the development for
which the approval was granted. The developer may be requested to
appear before the Board in conjunction with its review of any such
report.
(2)
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 its obligations under the approved
plan. "Completion" shall mean that the developer has a certificate
of occupancy for every residential unit or nonresidential structure
in the section, as set forth in the approved general development plan.
If the Township does not receive such notification at the completion
of any section of the development, the Township shall notify the developer,
by certified mail, in order to determine whether or not the terms
of the approved plan are being complied with.
(3)
If the developer does not complete any section 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, the Township shall
notify the developer, by certified mail, and the developer shall have
10 days within which to give evidence that the developer is fulfilling
its obligations pursuant to the approved plan. The Township shall
thereafter conduct a hearing to determine whether the developer is
in violation of the approved plan. If, after such a hearing, the Township
finds good cause to terminate the approval, it shall provide written
notice to the developer and the approval shall be terminated 30 days
thereafter.
(4)
Additionally, the Township shall have cause to terminate the
approval in the event that the developer does not apply for preliminary
approval for the planned development within five years of the date
upon which the general development plan received Planning Board approval.