[Added 3-19-2002 by Ord. No. 4-02; amended 12-19-2002 by Ord. No. 22-02A; 9-19-2006 by Ord. No. 8-06]
A. 
References; objectives.
(1) 
Statutory reference. These procedures are established pursuant to the authority of the Municipal Land Use Law. Prior to approval of a planned development, the Planning Board shall make such findings and conclusions as are required by N.J.S.A. 40:55D-45.
(2) 
Objectives. The purpose of this section is to establish procedures for approval of all general development plans.
B. 
General development plan procedures. Any developer of a property within the POD Zone Districts for which the developer is seeking approval of a planned development shall submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board as provided by this section. In addition to the procedures for filing, completeness determination and review provided by this section, the following provisions shall apply to general development plans:
(1) 
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection B(2) below, provided that the term of the effect of the approval shall not exceed 10 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to this chapter.
(2) 
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 or the 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.
(3) 
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 Planning Board shall have cause to terminate the approval. This limitation shall not apply to portions of the general development plan requiring completion of the Route 24 Interchange.
(4) 
Notwithstanding any provision of this chapter, the Municipal Land Use Law,[1] or any ordinance or regulation adopted pursuant thereto after the effective date of the approval, the planned development shall be developed in accordance with the general development plan approved by the Planning Board.
[1]
Editor’s Note: See N.J.S.A. 40:55D-1 et seq.
(5) 
Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the Planning Board Secretary, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this subsection, “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 P.L. 1975, c. 217.[2] If the Planning Board does not receive such notification at the completion of any section of the development, the Planning Board shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
[2]
Editor’s Note: See N.J.S.A. 52:27D-133.
(6) 
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 Planning Board 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 within 30 days to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Planning Board 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.
(7) 
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 subsection, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential unit 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.
(8) 
The following provisions shall apply to the modification of an approved general development plan:
(a) 
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 by the Planning Board after a new hearing.
(b) 
A developer, without violating the terms of the general development approval, may, in undertaking any section of the planned development, reduce the number of residential units or the 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%.
(c) 
In the event that the developer seeks to vary the location of land uses within the planned commercial development in any section of the planned commercial development, such modification shall require the approval of the Planning Board.
(d) 
In the event that the developer seeks to modify the proposed timing schedule of the approved general development plan, 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 Borough and the region, and the availability and capacity of public facilities to accommodate the proposed development.
The following information shall be submitted for all general development plans:
A. 
A general land use plan 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 the use of the entire planned development shall be set forth and a residential density and a nonresidential floor area ratio shall be provided. The land use plan shall be at scale consisting of no more than 200 feet per inch. Except in the case of a planned unit development, the impervious coverage of a tract area including the entire POD-S and POD-N Zones shall not exceed 25% and the impervious coverage of a tract consisting of the POD-S Zone alone shall not exceed 40%, and these calculations shall be provided. Improved lot coverage for planned unit development shall be regulated by § 250-123 of Chapter 250.
B. 
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.
C. 
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.
D. 
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.
E. 
A stormwater management plan setting forth the proposed method of controlling and managing stormwater on site. The plan shall reflect stormwater management standards in conformance with N.J.A.C. 7:8-1.1 et seq., any Borough ordinance implementing those standards, and, where applicable, the Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq.
F. 
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.
G. 
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, EMS facilities and police stations.
H. 
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.
I. 
A fiscal report describing the anticipated demand on Borough services to be generated by the planned development and any other financial impacts to be faced by the Borough or applicable 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 J of this section, and following the completion of the planned development in its entirety.
J. 
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. The timing schedule shall indicate the number of dwelling units and nonresidential floor area proposed to be constructed in each section of the development, and shall detail how the sub-plans and impacts described in Subsections A through I above will be implemented and affected for each section of the development.
K. 
The location and identification of any subdivision proposed for lands within the general development plan shall be indicated. Any subdivision within the planned development shall be pursuant to the GDP. Changes to proposed subdivisions shall be incorporated into the approved general development, but such subdivision changes shall not be deemed to be amendments of the GDP and shall not require the payment of new GDP application or escrow fees. Floor area ratio limits shall not apply to individual lots in the POD Zones, but shall apply to the total floor area (other than excluded floor area as defined in § 250-122) within a planned commercial development, and/or the commercial use component of a PUD.
L. 
If the planned commercial development is to be constructed in phases, the general development plan shall show a minimum contiguous lot area of not less than 100 acres for the initial phase of development. The initial phase of development may also include other, smaller, noncontiguous tracts for sewer, water, or other utility facilities intended to serve the initial phase of development.
[Added 3-18-2008 by Ord. No. 08-4]
Site plans and subdivisions for any planned unit development or planned commercial development included within a general development plan shall comply with all applicable provisions of Chapter 250, Article XVIII, all applicable provisions of this chapter, and the following:
A. 
Any common open space created as part of a planned unit development or planned commercial development that is not dedicated to and accepted by the Borough of Florham Park pursuant to § 250-123A(1) shall be permanently deed restricted to open space use for the benefit of the owners and/or residents of the planned unit development or planned commercial development, as the case may be.
B. 
The developer shall establish an organization to own and maintain any such open space not dedicated to and accepted by the Borough of Florham Park. This organization, and its responsibilities for maintenance of open space, shall be subject to the provisions of N.J.S.A. 40:55D-43. The provisions of N.J.S.A. 40:55D-43 shall be administered on behalf of the Borough of Florham Park by the governing body.
C. 
Prior to the granting of preliminary site plan or preliminary subdivision approval to any development included within a planned unit development or planned commercial development included within a general development plan, the Planning Board shall make the following findings and conclusions:
(1) 
That any departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards for planned unit development or planned commercial development, as the case may be, under Article XVIII of Chapter 250 of the Code of the Borough of Florham Park;
(2) 
That the proposals for maintenance and conservation of common open space are reliable and that the amount, location and purpose of the common open space are adequate and in conformance with the requirements of Article XVIII of Chapter 250;
(3) 
That the provision, through the physical design of the proposed development, for public services, control of vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
(4) 
The proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established; and
(5) 
If the proposed development contemplates construction over a period of years, that the terms and conditions to protect the interest of the public and the residents, occupants and owners of the proposed development in the total completion of the development are adequate.