[Amended by Ord. No. 94-05]
[Amended by Ord. No. 98-11]
Applicants for major site plans or subdivisions of at least 100 acres or 400,000 square feet of nonresidential building area shall have the option of bifurcating preliminary approval into two phases: Phase One, General Development Plan, and Phase Two, Preliminary Approval. An applicant may seek variances for density, nonresidential square footage or use in Phase One, General Development Plan. All other variances shall be sought at Phase Two, Preliminary 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. The planned development shall be developed in accordance with the general development plan approved by the Planning Board, notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.
Applications should be submitted to the administrative officer of the Planning Board who, in turn, will process and schedule the application according to the appropriate statute. Applications will be declared complete or incomplete within a forty-five-day period from the time of submission according to statute. The following will be submitted at the time of application: 18 copies of the materials required in Checklist No. 6, four copies of the completed application forms, four copies of the completed checklist and the required application and review fees.
A. 
The application shall be declared complete within a forty-five-day period from date of its submission according to the provisions of Part 3 of this chapter.
B. 
The application for approval of a general development plan shall require a public hearing and notice pursuant to the provisions of N.J.S.A. 40:55D-10, N.J.S.A. 40:55D-11, and N.J.S.A. 40:55D-12 and Part 3 of this chapter.
C. 
The Planning Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute general development plan approval of the planned development.
A. 
Phase One, General Development Plan, shall confer upon the applicant the following rights for a period of at least five years, or for a longer period if determined by the Planning Board, 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:
(1) 
The total number of residential dwelling units, and the general type (single-family detached residences, townhouses, garden apartments, etc.).
(2) 
The amount and type of nonresidential gross floor area, i.e., commercial, office, institutional, industrial.
B. 
The Planning Board shall indicate the following which shall not vest, but still be presumed to be valid at Phase Two, Preliminary Approval, subject to engineering and environmental considerations:
(1) 
The location of the collector roads.
(2) 
The general location of the different uses and density by land use area.
C. 
The applicant may request a change in the general development plan at the preliminary approval stage provided that the total number of units is not increased.
D. 
The term of the effect of the second phase of general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection c of this section, 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 P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider 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 attached to the approval thereof.
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.
A. 
Except as provided hereunder, 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.
B. 
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, as the case may be.
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 approved by the Planning Board. A developer, without violating the terms of the approval pursuant to this act, may, in undertaking any section of the planned development, reduce the number of residential units or amount 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 residential units to be provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et al.) 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 administrative officer, 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). If the municipality does not receive such notification of that completion of any section of the development, the municipality 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 development within eight months 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 municipality 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 municipality thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality 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 the 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.
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. For the purposes 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.