[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:
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:
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.
[Added by Ord. No. 94-05]
Editor's Note: Checklist Nos. 1 through 8 are
included at the end of this chapter.
