Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance #585, 746, 756 and 760.
[Ord. #1004, § 6]
At the request of the developer, the Planning Board shall grant a general development plan application for property in the PUD-Mt. Laurel Option Zone.
[Ord. #1004, § 6]
a. 
The applicant may submit to the Planning Board Secretary, after the tenth day but prior to the twentieth day of the calendar month preceding the first regularly scheduled monthly meeting of the Board, 18 copies of the application package, including the completed application form, plans and support documents in accordance with Subsection 21-53.3 below. The Board Secretary shall assign an application number, and such number shall appear on all papers, maps, plats and other documents submitted for processing in conjunction with the application.
[Ord. #1429, 5-29-2001, amended]
The Board shall certify the application as complete or notify the applicant in writing of any deficiencies within 45 days of the submission. If the application has been found to be incomplete, written notice specifying deficiencies shall be sent to the applicant within 45 days of submission. The applicant shall have the opportunity to submit plans/documents correcting the deficiencies.
[Ord. #1456, 4-10-2001, amended; Ord. #1429, 5-29-2001, amended]
b. 
The appropriate Board secretary shall forward one copy of the submission to the Environmental Commission and County Planning Board for review and comment.
c. 
Additional copies of the submission may be requested from the applicant to be forwarded to other individuals, offices and agencies for information, review and comment.
[Ord. #1004, § 6]
a. 
General. The general development plan review is intended to provide the applicant with a review and discussion by the Board of major areas of concern such as traffic circulation, access, drainage, environmental impacts, methods of providing utilities, water and sewerage, intensity of development and project scheduling. Additionally, by providing a review of these items, preliminary and final development plan submissions for each of the phases of the development can address site-oriented problems within a previously established framework encompassing the development of the entire tract.
b. 
Specific Submission Requirements.
1. 
A key map of the tract superimposed on a map of the section of the Township showing all roads and streets within 1/2 mile of the proposed development at a scale of one inch equals not more than 2,000 feet.
2. 
Title Block.
(a) 
Name of development, municipality and county.
(b) 
Name and address of developer.
(c) 
Scale.
(d) 
Date of preparation.
(e) 
Development application number.
(f) 
Name and address of person(s) preparing the application and the signature, date, seal and license number.
3. 
Name and address of the owner or owners of record and/or authorized agent, if any.
4. 
Signature of the applicant and, if the applicant is not the owner, the signed consent of the owner.
5. 
Graphic scale and North arrow.
6. 
Revision box and date of each revision.
7. 
A project constraints map showing wetlands, floodplains, slopes in excess of 15%, buffer areas (including areas of landscape screening) and treed areas.
8. 
A conceptual development plan, at a scale not less than one inch equals 200 feet, indicating the total number of dwelling units; buffer areas (including areas of landscape screening); if housing types are shown, alternate housing types and existing development; anticipated recreation areas; anticipated type(s) of accessory buildings; and, if applicable, retail development. The plan should reflect the scope and type of development and probable areas of development. Detailed information is not required. However, sufficient information should be provided to show that the level of anticipated development can be accomplished on the tract in accordance with the provisions of this chapter.
9. 
A conceptual circulation plan indicating the proposed location of major collector roadways providing circulation through the site, locations of access to the site and anticipated improvements to existing on-tract roadways, as well as off-tract roadway improvements, if required. The roadways should be shown in sufficient detail to establish their anticipated locations and ensure that grades and curvature are satisfactory for the volumes of traffic anticipated. Additionally, anticipated pedestrian or bicycle circulation should be addressed.
10. 
A conceptual utility plan indicating how water, gas, electricity, telephone, CATV and, if applicable, sewerage will be provided for the development The plan should show the general utility pattern throughout the proposed development and should address the locations and required crossings of improvements that will be installed prior to any submissions for preliminary approval of individual phases of the development.
11. 
A conceptual drainage plan indicating the size and location of detention (or retention) facilities, drainage patterns and major stream crossings. Information shall be provided in sufficient detail to ensure that the stormwater management system provided will be adequate for the site and that it will allow the anticipated level of development to take place.
12. 
An environmental assessment in accordance with Section 21-54 reflecting total development of the tract. Once submitted and reviewed, the assessment will form the basis for preliminary submission(s). Those portions of the environmental assessment dealing with site specific information may be submitted as an addendum to the environmental assessment at the time of preliminary submission.
13. 
Timing schedule showing anticipated stages of construction, relating the sequence of construction of on-tract and off-tract improvements, accessory structures, recreation facilities, etc., to the sequence of construction of the principal buildings. Terms and conditions intended to protect the interest of the public and future residents shall be set forth. Information necessary to allow the Board to determine the vesting period pursuant to criteria set forth in N.J.S.A. 40:55D-45.1(c) shall be included in the timing schedule.
14. 
Required application fee of $250 plus initial escrow deposit for professional review purposes of $5,000. Additional escrow deposits shall be made as necessary to cover the cost of professional review while the application is pending. Any unused escrow fees shall be returned to the applicant.
15. 
If, during the course of review, the Board finds that additional information is required prior to acting on the application, such information may be requested of the applicant
[Ord. #1004, § 6]
a. 
The Board shall take action on general development plan application within 95 days after the certification by the Board of the submission of a complete application. Failure by the Board to act within the prescribed time period shall constitute approval.
[Ord. #1456, 4-10-2001, amended]
b. 
Prior to taking action on any general development plan application, the Board shall set forth the reasons for such action, with or without conditions, or for the denial. The Board shall address whether the general development plan would or would not be in the public interest, including, but not limited to, findings of fact based on the following:
1. 
That the total number of dwelling units is allowed under this chapter and that, after reviewing the general development plan, the constraints map and other documentation submitted by the applicant, there is a reasonable expectation that the number of dwelling units shown can be constructed.
2. 
That the amount of nonresidential development is in accordance with this chapter, and the location, if shown, is reasonable to service the project, and the surrounding community.
3. 
That the circulation pattern established by the general development plan adequately services the project and, based upon the information submitted by the applicant, can be constructed to the regulations and standards set forth in this chapter.
4. 
That the utilities plan submitted by the applicant shows that adequate utilities will be available for the project, and the general location and pattern of installation of these utilities will adequately service the general development plan.
5. 
That the drainage plan submitted by the applicant adequately addresses stormwater management, and the drainage structures shown are of sufficient size to be reasonably expected to accommodate the necessary stormwater detention.
6. 
That the timing schedule submitted by the applicant will result in the construction of the project in an orderly manner, with a minimum impact to adjacent development
7. 
That the environmental assessment adequately addresses the impacts anticipated from development of the general development plan, or those items which should be addressed more fully at the time of preliminary submission(s).
c. 
After reviewing the information submitted by the applicant, the Board may take action to grant or deny approval as set forth below:
1. 
Grant Approval. If, after reviewing the material submitted by the applicant, the Board is satisfied with the general development plan, the Board shall approve the application for general development plan approval in writing. Such approval shall set forth those aspects of the general development plan which have been reviewed and approved. The items approved will be determined by the extent of information provided by the applicant, but approval shall include:
(a) 
The total number of dwelling units.
(b) 
The amount of nonresidential development, if any.
(c) 
The circulation pattern.
(d) 
The utilities plan.
(e) 
The drainage plan.
(f) 
Critical areas that will not be developed.
(g) 
The timing schedule and vesting period, determined in accordance with criteria set forth in N.J.S.A. 40:55D-45.1(c).
(h) 
The environmental assessment.
Approval of preliminary and final development plans shall be conditional upon conformance with the approved general development plan submitted in accordance with the provision of this chapter.
2. 
Deny Approval. If, after reviewing the material submitted by the applicant, the Board is not satisfied with the general development plan, the Board shall deny the application for general development plan approval in writing, setting forth the deficiencies in the plan. Such disapproval shall in no way prohibit the applicant from submitting a new general development plan addressing those deficiencies or from proceeding with the submission of a preliminary development plan.
[Ord. #1004, § 6]
General development plan approval shall confer upon the applicant, the right to develop the following, notwithstanding any ordinance or regulatory changes which may be subsequently adopted, for the vesting period determined in accordance with N.J.S.A. 40:55D-45.1(a):
a. 
The total number of residential units, nonresidential uses and golf course/recreational facilities, as shown on the approved general development plan.
b. 
Residential uses at densities conforming with scheduled and/or maximum densities approved as part of the general development plan application.
c. 
The general location of major collector roads, recreation facilities, detention facilities, any school site and nonresidential uses.
[Ord. #1004, § 6]
a. 
The applicant may, at any time, submit a revised general development plan as in the first instance for review and action by the Board. Based upon the revisions requested, the Board may waive some or all of the supporting documentation at the request of the applicant. If the revised general development plan is not approved by the Board, the original general development plan shall remain in effect. If the revised general development plan is approved by the Board, such approval shall not extend the period for which general development plan approval was originally granted as set forth in subsection 21-53.4.
b. 
The Board may request the applicant to consider the submission of a revised general development plan. The applicant shall be under no obligation to accept the suggested revisions. If the applicant agrees to the revisions, and submits the revised general development plan, there shall be no additional fee for review of the general development plan and the Board may extend the time period for which the general development plan approval is in effect.
c. 
In the event that the applicant 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.
d. 
Except as provided hereunder, the applicant shall be required to gain the prior approval of the Planning Board, if, after approval of the general development plan, the applicant 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.
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 New Jersey 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 applicant can demonstrate, to the satisfaction of the Planning Board, that the variation being proposed is a direct result of such determination by the New Jersey Department of Environmental Protection and that the revised plan is properly designed and meets the intent of the originally approved plan.
e. 
An applicant, without violating the terms of the 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 an applicant 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 seq.) without prior municipal approval.
f. 
Additionally, the applicant may increase the scheduled density of any parcel up to the maximum density limit shown in the approved general development plan approval, provided that zoning standards can be met and a corresponding decrease in residential units in a different parcel or parcels is planned.
[Ord. #1004, § 6; Ord. #1429, 5-29-2001, amended]
a. 
Upon the completion of each section of the development, including associated site improvement work as set forth in the general development plan approval, the applicant shall notify the Planning Board, by certified mail, as evidence that the applicant is fulfilling his obligations under the approved plan. For the purposes of this section, "completion" of any section of the general development plan shall mean that the applicant has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the general development plan approval, 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 at the completion of any section of the development, the municipality shall notify the applicant, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
[Ord. #1004, § 6]
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 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 applicant has fulfilled all of his obligations pursuant to the approval.