[1]
Editor's Note: Section 3 of Ord. No. 12-2000, adopted 8-24-2000, provided that the checklist required by N.J.S.A. shall be deemed to be the requirements set forth in § 114-161 for minor subdivision approval and, in addition, §§ 114-163 and 114-164 for preliminary major subdivision approval and § 114-167 for final major subdivision approval.
Subdivision review is provided for in the Municipal
Land Use Law (N.J.S.A. 40:55D-37). Such review makes it possible for
the Planning Board to ensure development which is consistent with
this chapter and the Master Plan. It permits the Board to review developmental
layout, street design, water drainage and sewerage adequacy, flood
hazards and protection/conservation measures. It also makes possible
provisions for off-tract improvements and, in the case of planned
developments, promotes flexibility. In short, subdivision review establishes
rules and standards for division of land within the City of Somers
Point in order to promote health, safety, convenience and general
welfare.
An applicant for subdivision of land shall submit to the City Clerk four copies of an application for subdivision, the required application fee (See Article XXVII, § 114-201.) and three copies of a sketch plat containing the information outlined in § 114-161A(1), (2), (3), (4), (5), (6), (9) and (10) of this article two weeks prior to a regular meeting of the Planning Board.
The Subdivision Committee of the Planning Board
shall review the plat prior to the regular meeting and shall classify
the subdivision as a minor, exempt or major subdivision. Subdivisions
failing to receive a unanimous vote as a minor or exempt shall be
considered major.
The Subdivision Committee shall report its recommendations
and comments on each application to the Planning Board at its next
regular meeting. The Board shall have the right to approve or change
the classification by majority vote.
If classified as a minor subdivision, the Planning
Board shall have the authority to approve immediately or to forward
copies of the plat to city offices or consultants for review. Upon
completion of that review and within 45 days of receipt of the completed
application, the Board will approve, conditionally approve or reject
the request. If approved, a notation to that effect shall be made
upon the plat and shall be signed by the Planning Board Chairman and
City Clerk and returned to the applicant. If rejected, the reasons
shall be noted upon all copies of the application form, and one copy
shall be returned to the applicant.
[Amended 2-11-1993 by Ord. No. 2-1993]
A.
Minor subdivision approval shall expire within 190
days of approval unless within the one-hundred-ninety-day period a
plat or deed in conformity with such approval, prepared pursuant to
the requirements set forth in N.J.S.A. 40:55D-47(d), or as same may
hereafter be amended, is filed with the County Recording Officer.
B.
The approving board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed for a period determined
by the board but not to exceed one year from what would otherwise
be the expiration date, provided that the applicant applies for the
same and meets the criteria as set forth in N.J.S.A. 40:55D-47(f)
and (g) as applicable.
Any lands, lots or parcels resulting or remaining
from minor subdivision may not be submitted as a minor subdivision
for 24 months from the date of initial approval.
A.
The applicant shall submit 12 copies of a plat signed
and sealed by a licensed land surveyor and based upon an accurate
certified survey at a scale of one inch equals 50 feet. It shall include:
(1)
A key map showing the entire subdivision in
relation to the surrounding area and roadway system.
(2)
All existing structures within the parcel to
be subdivided and within 200 feet of said parcel.
(3)
The name and address of the owner and the name
of all adjoining property owners as disclosed by the most recent municipal
tax records.
(4)
The Tax Map sheet, block and lot numbers.
(5)
All existing and proposed streets and easements
(including public utility easements) within or adjoining the proposed
subdivision shall be clearly indicated.
(6)
The dimensions of all proposed lot lines of
all new lots being created and parcels being retained; and any existing
lot lines to be eliminated by the proposed subdivision shall be clearly
indicated.
(7)
Location, size and direction of flow of all
streams, brooks, lakes, watercourses, drainage structures and drainage
ditches in the area to be subdivided and within 200 feet of the proposed
subdivision.
(8)
North arrow, scale at which the plat is drawn
and date of preparation.
(9)
Acreage of the entire tract and of new parcels
being proposed.
(10)
The number of new lots being created.
(11)
The name and address of the owner, subdivider
and person preparing the plat.
(12)
The classification of the zoning district or
districts in which the proposed subdivision is located.
(13)
The location of any proposed open space or recreation
areas.
B.
The submission shall be accompanied by a certification
from the City Tax Collector that all taxes are paid to date.
An applicant for preliminary major subdivision review and approval shall submit 10 copies of a preliminary plat, clearly drawn and accurately reproduced at a scale of one inch equals 50 feet, designed and drawn by a professional engineer or land surveyor, along with three copies of a completed application for preliminary approval and the appropriate fee (see Article XXVII, § 114-201) to the City Clerk at least two weeks prior to the regular Planning Board meeting. The City Clerk shall keep one copy and submit the others to the Secretary of the Planning Board.
A.
The preliminary plat shall show or be accompanied
by the following information:
(2)
Proposed street pattern in the subdivided area;
distance to the nearest existing developed area; relationship of the
parcel to existing roadways.
(3)
Profiles and cross sections of proposed streets
and of existing roadways abutting the subdivision. Cross sections
shall show the type and width of paving, the location and type of
curb, the location of sidewalks, existing or proposed sight triangles
at intersections and radii of curblines.
(4)
Elevation contours on a one-hundred-foot grid
referenced to United States Geologic datum.
(5)
Boundaries of floodplain and wetlands areas
as shown on Flood Insurance Rate Maps and State Department of Environmental
Protection CAFRA Maps.
(6)
Location and extent of drainage or conservation
easements and stream encroachment lines.
(7)
Plans and computations for storm drainage.
(8)
Location of underground or surface utilities.
(9)
Soil borings as may be required by the Municipal
Engineer.
(10)
List of off-tract improvements required for
subdivision completion.
(11)
Sanitary sewer and water design and calculations.
(12)
The city has determined that an environmental
impact statement (EIS) serves to assess the environmental and ecological
impacts of specific land development proposals and alerts the reviewing
board and the applicant to potential risks and dangers. Where an analysis
of an EIS determines that a situation is presented where adverse environmental
impacts are real, substantial and not correctable by the applicant,
the reviewing board may rely on these impacts as a basis for the denial
of an application. The data set forth within an EIS may be used by
the reviewing board to require specific conditions relating to site
design or improvements which shall be met by the applicant to alleviate
or rectify problems before development approval is granted. An EIS
shall accompany all applications for preliminary plan approval of
a major subdivision or site plan application and shall provide the
information needed to evaluate the effect of a proposed development
upon the environment and shall include data distributed, reviewed
and passed upon in accordance with the standards set forth below.
Nothing herein contained shall eliminate the necessity to provide
other information required under this chapter in the preparation of
an EIS. An EIS shall be accompanied by or contain the following:
[Added 7-26-1990 by Ord. No. 10-1990]
(a)
Composite environmental constraints map at the
same scale as the preliminary plat. The applicant shall present a
plan indicating the following:
(b)
An environmental impact statement containing
data reflecting:
[1]
A statement describing and explaining
the impact and effect of proposed subdivision upon the ecological
systems and environment of the city's land and waters, giving consideration
to the applicable natural processes and social values of the following:
[a]
Geology.
[b]
Aquifers.
[c]
Hydrology.
[d]
Depth to seasonal high water table.
[e]
Flood hazard area.
[f]
Stormwater runoff.
[g]
Soils.
[h]
Potential soil loss.
[i]
Soil nutrient retention.
[j]
Vegetation.
[k]
Wetland vegetation.
[l]
Recreation value of vegetation.
[m]
Historic value.
[n]
Scenic features.
[o]
Wildlife, high value areas.
[p]
Wildlife, rare and beneficial species.
[q]
Water quality.
[r]
Air quality.
[2]
Specific plans proposed by the
subdivider or developer to alter, preserve or enhance and mitigate
or minimize adverse impacts on the natural resources and natural features
of the land within the proposed subdivision.
(c)
Test boring, percolation rates, water levels
and groundwater samples shall be submitted by a licensed engineer
in accordance with the following standards.
(d)
Upon receipt of the application, the Administrative Officer shall forward the EIS to the Environmental Commission and the appropriate reviewing board engineer and Planner. The above-mentioned City Council and Engineer shall review the applicant's EIS and shall report its comments within 30 days of the date of submission to the reviewing board. The reviewing board or the Environmental Commission may require the opinion of the reviewing board engineer and Planner in its review of the EIS. Fees for the costs of such consultation above shall be paid by the applicant in accordance with § 114-187 of this chapter. Copies of the EIS will be on file and available for inspection in the Office of the Administrative Officer.
(e)
Approval or disapproval. Upon completion of
all reviews and public hearing(s), the reviewing board shall either
approve or disapprove the EIS as a part of its underlying function
with respect to its review of the development. In reaching a decision,
the reviewing board shall take into consideration the effect of the
applicant's proposed development upon all aspects of the environment
as outlined above, as well as the sufficiency of the applicant's proposals
for dealing with any immediate or projected adverse environmental
effects.
(f)
Notwithstanding the foregoing, the reviewing
board may, at the request of the applicant, waive the requirement
for an EIS if sufficient evidence is submitted to support a conclusion
that the proposed development will have a slight or negligible environmental
impact. Portions of such requirement may likewise be waived upon a
finding that the complete report need not be prepared in order to
evaluate adequately the environmental impact of a particular project.
(13)
Solid waste/recycling plan. A solid waste/recycling
plan in accordance with N.J.S.A. 40:55D-28 shall be required for any
development proposal for the construction of 50 or more units of single-family
residential housing or 25 or more units of multifamily housing and
commercial or industrial development proposals for the utilization
of 1,000 square feet or more of land. The solid waste/recycling plan
shall address the following regarding:
[Added 7-26-1990 by Ord. No. 10-1990; amended 7-9-1992 by Ord. No. 20-1992]
(14)
Traffic impact report.
[Added 7-26-1990 by Ord. No. 10-1990; amended 7-9-1992 by Ord. No. 20-1992]
(a)
A traffic impact report shall accompany all
applications for preliminary approval of all major subdivision applications.
The traffic impact report shall include the following:
[1]
Information sufficient to demonstrate
that satisfactory arrangements will be added to facilitate traffic
movement on the roads adjoining the development and to assure proper
circulation within the development. These arrangements may include
provision for necessary signalization, channelization, standby turn
lanes, added highway width, adequate warning signs and adequate storage
area and distribution facilities within the development to prevent
backup of vehicles on public streets.
[2]
Traffic volume developed from trip
generating forecasts in accordance with standards contained in Trip
Generation: An Informational Report, published by the Institute of
Transportation Engineers, or other reliable reference sources.
[3]
Traffic accidents, including the
number of accidents which occurred at or adjacent to the site within
the last three years.
[4]
Geometrics of the roadway, including
the configuration of any adjacent intersection and the adjacent roadway
approaches.
[5]
Roadway conditions, including the
physical condition of the roadways leading to the site.
[6]
Development potential of the surrounding
area based upon a reasonable number of years into the future.
[7]
Improvements based upon road classifications.
[8]
Measures to correct existing road
conditions.
[9]
Estimated pro rata contributions
of funds for on- and off-tract improvements or rights-of-way.
(b)
Where applicable, the analysis should also include
the impact of development of vacant land in adjacent municipalities
where such development will impact on the circulation system affecting
the proposed development site.
(c)
Notwithstanding the foregoing, the reviewing
board may, at the request of the applicant, waive the requirement
for a traffic impact report if sufficient evidence is submitted to
support a conclusion that the proposed development will have a slight
or negligible traffic impact. Portions of such requirement may likewise
be waived upon finding that the complete report need not be prepared
in order to evaluate adequately the traffic impact of a particular
project.
(15)
Landscape plan.
[Added 7-26-1990 by Ord. No. 10-1990; amended 7-9-1992 by Ord. No. 20-1992]
(a)
A landscape plan prepared by a New Jersey licensed
and certified landscape architect or New Jersey licensed architect
shall be provided so preliminary approval of all major site plan applications
shall be provided. Landscaping shall be integrated into building arrangement,
topography, parking and buffering requirements. Landscaping shall
include trees, bushes, shrubs, ground cover, perennials, annuals,
plants, sculpture, art and the use of building and paving materials
in an imaginative and aesthetic manner.
(b)
Regulations.
[1]
Natural topography and vegetation.
The applicant shall use natural topography and vegetation where possible.
Large parking areas are not to be stripped of vegetation without requiring
reseeding or replanting of all unpaved areas.
[2]
Saving of trees. Every attempt
shall be made by the applicant to save existing trees, even at the
loss of parking spaces. Clumps of trees should be saved over single
trees. Care should be taken by the municipal agency to properly evaluate
the site-clearing proposals, recognizing that wild trees often do
not survive when their habitat is drastically altered. Where loss
of trees is suggested, replacement should be required.
[3]
Slopes. Slopes in excess of 3:1
shall be avoided unless necessitated by unusual site limitations.
All slopes shall be stabilized in a manner acceptable to the municipal
agency engineer.
[4]
Parking areas in front of buildings.
Parking lots located in front of buildings shall be landscaped to
separate them from adjacent roadways.
[5]
Screen areas and buffers. Tall
dense screens are required along nonpenetrable sidelines, rear property
lines and where commercial or industrial parking areas abut residences
or residential zones. Evergreens, such as, but not limited to, White
pine, Austrian pine, Canadian hemlock, Servian spruce, Arborvitae,
and upright yews may be used, provided that they meet specified height
requirements.
[6]
Driveways. The areas adjacent to
the driveways shall be planted with low plants or grass. Appropriate
low plants include, but are not limited to, butterfly bush, Sargent
juniper, inkberry, Japanese barberry or shrubby Cinquefoil.
[7]
Other required landscaped areas.
Where a development plan indicates raised walkways between opposing
rows of cars, areas at the end of bays or, where proposed or required
by the municipal agency, specific planting islands are indicated,
these areas shall be landscaped. Planting strips may be as narrow
as five feet, with a width of 15 to 20 feet most desirable. All should
be raised and protected by permanent concrete curbing.
[8]
The applicant shall landscape 5%
to 10% of the parking areas provided.
(c)
Natural setting. In proposing a landscape plan,
an applicant shall take care and the municipal agency, in reviewing,
shall require that prevailing community standards be preserved. Recognizing
that a major community asset lies in the preservation of the natural
condition of property, all efforts in the area of landscaping shall
be exercised to provide consistent landscaping proposals with existing
foliage.
B.
The application and preliminary plan shall be accompanied
by a letter of intent stating the following information: type of structures
to be erected, nature of commercial use (if any), approximate date
of construction start and estimated number of lots on which final
approval will be requested.
A.
Upon receipt of the plat and accompanying exhibits
from the City Clerk, the Planning Board will distribute copies of
the preliminary plat and attached exhibits to the City Engineer, City
Planner, County Planning Board and any other official or agency who
may be affected by the proposed subdivision.
B.
Officials and agencies cited in Subsection A above shall forward reviews and recommendations in writing to the Planning Board within 30 days of receipt. During the same time period the Subdivision Committee shall review the plat for completeness and shall notify the developer of its findings within 45 days. In reviewing the subdivision request, the Planning Board shall be guided by standards set forth within various zoning districts (See Articles IV to XIX.) and by the additional standards established in Article XXIV.
C.
After all comments have been received and after a public hearing pursuant to § 114-200 of Article XXVI of this chapter and if no substantial amendments have resulted from the review hearing, the Planning Board shall:
(1)
For subdivisions of 10 or fewer lots, grant
or deny preliminary approval within 45 days of the date of submission
of a completed application or within such further time as may be consented
to by the developer.
(2)
For subdivisions of 10 or more lots, grant or
deny preliminary approval within 95 days of the date of receipt of
a completed application or within such further time as may be consented
to by the developer.
D.
If the Planning Board requires any substantial amendment
in the layout of the improvements proposed by the developer that have
been the subject of a hearing, an amended application shall be submitted
and proceeded upon, as in the case of the original application for
development.
E.
In the case of planned developments, the Planning
Board shall find that the development conforms to the design, density,
recreational and environmental standards established by ordinance
for planned development districts.
F.
The disclosure requirements set out in the Municipal
Land Use Law, P.L. 1977, c. 336 (1978), N.J.S.A. 40:55D-48.1, 55D-48.2
and 55D-48.3, shall be complied with.
A.
The general terms and conditions on which preliminary
approval was granted shall not be changed, except that the municipality
may, by ordinance, modify such general terms and conditions as relate
to public health and safety.
B.
The applicant may submit for final approval, on or
before the expiration date of preliminary approval, the whole or a
section or sections of the preliminary subdivision plat or site plan,
as the case may be.
C.
The applicant may apply for and the Planning Board
may grant extensions on such preliminary approval for additional periods
for at least one year, but not to exceed a total extension of two
years, provided that if the design standards have been revised by
ordinance, such revised standards may govern.
D.
In the case of a subdivision of or a site plan for
an area of 50 acres or more, the Planning Board may grant the above
rights for such period of time longer than three years as shall be
determined by the Planning Board, taking into consideration the number
of dwelling units and nonresidential floor area permissible under
preliminary approval; economic conditions; and the comprehensiveness
of the development. The applicant may apply for thereafter and the
Planning Board may thereafter grant an extension to preliminary approval
for such additional period of time as shall be determined by the Planning
Board to be reasonable, taking into consideration the number of dwelling
units and nonresidential floor area permissible under preliminary
approval; the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval; economic
conditions; and the comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
may govern.
E.
If the Planning Board acts favorably upon a preliminary
plat, the Chairman and Secretary of the Board shall affix their signatures
to the plat with a notation that it has received preliminary approval
and shall return same to the subdivider for compliance with final
approval requirements. Where conditional approval is granted, the
Chairman and the Secretary of the Board shall affix their signatures
to the plat only where all conditions required for approval have been
met.
An application for final approval shall be submitted to the Planning Board within three years from the date of preliminary Planning Board approval. The application, in triplicate, and the appropriate fee (See Article XXVII, § 114-201.) shall be accompanied by one original tracing, one translucent cloth copy and 10 black-and-white prints at a scale of one inch equals 50 feet and shall be submitted to the City Clerk at least two weeks prior to the regular meeting of the Planning Board.
A.
The final plat shall include all of the information requested in § 114-164 of this article and shall additionally incorporate all changes or modifications required by the Planning Board, including conditions of preliminary approval.
B.
The plat shall be accompanied by the following:
(1)
A letter from the applicant stating that no
changes other than those noted on the plat have occurred.
(2)
A letter from the City Engineer indicating that
the applicant has completed the installation of all improvements in
accordance with the requirements of this chapter or posted with the
City Clerk a performance guaranty in an amount sufficient to cover
the cost of all improvements required as estimated by the applicant's
engineer and approved by the City Engineer.
(3)
A letter from the Fire Department, signed by
the Chief, stating that waterlines and fire hydrants are adequate
for fire protection.
(4)
A letter from the City Tax Collector certifying
that all taxes have been paid to date.
(5)
A letter from the City Clerk indicating the amount, form and content of the maintenance guaranty accepted by City Council and that fees estimated by the City Engineer required for construction inspection costs other than those relating to the building permit have been paid. (See Article XXVII, § 141-201.)
A.
The Planning Board shall grant final approval if the
detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this chapter
for final approval, the conditions of preliminary approval and, in
the case of a major subdivision, the standards subscribed by the Map
Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided
that in the case of a planned unit development, planned unit residential
development or residential cluster, the Planning Board may permit
minimal deviations from the conditions of preliminary approval necessitated
by change of conditions beyond the control of the developer since
the date of the preliminary approval without the developer being required
to submit another application for development for preliminary approval.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant.
C.
If the Planning Board approves, a notation to that
effect shall be made on each plat and signed by the Chairman and Secretary
of the Planning Board.
D.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, the Planning
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board or approval by the County
Planning Board by its failure to report thereon within the required
time period.
Final approval of a major subdivision shall
expire 95 days from the date of signing the plat unless within such
period the plat shall have been duly filed by the developer with the
county recording officer. The Planning Board may, for good cause shown,
extend the period for recording for an additional period not to exceed
90 days from the date of the signing of the plat.
Once a plat has been approved and filed within
the prescribed time period, the terms and conditions of that approval
shall not be changed for a period of two years from the date of approval.
The Planning Board may extend the two-year limit for a period of one
year. Such extensions shall not be granted more than three times.
[Added 12-8-2011 by Ord. No. 18-2011]
A.
Purpose and applicability.
(1)
The purpose of this section is to permit and encourage the submission of conceptual general development plans that present a comprehensive plan for a proposed recreational planned unit development (RPUD) in the Recreational Golf Course (RGC) District. The general development plan is intended to prompt an integrated approach to site planning that relates to the existing development patterns in the City within the RGC District. Nothing contained within this § 114-171.1 of Article XXIII shall be allowed or permitted to the extent it is inconsistent with the requirements and development standards set forth within Article XIIIA, Regional Planned Unit Development Option (RPUD).
(2)
A developer of a parcel or parcels of land totaling more than
100 acres in size in the RGC District for which the developer is seeking
approval of an a RPUD must submit a general development plan to the
Planning Board prior to the submission of preliminary subdivision
or site plans to the Planning Board.
(3)
The general development plan shall set forth the proposed and
permitted number of dwelling units and the residential density, and
the amount of nonresidential floor space for the proposed development
in its entirety according to a schedule which sets forth the timing
of the various sections of the development, and the area to be permanently
deed-restricted for golf course and recreational use.
(4)
The general development plan shall be designed to promote and
encourage the conservation of natural features and the efficient use
of resources in subdivision and site design while remaining responsive
to market demands for residential and nonresidential development.
To the extent possible, a general development plan should be designed
to reduce infrastructure and service costs over the long term and
to provide a pedestrian-friendly environment.
B.
Required submission items. The general development plan submission
shall include the following:
(1)
A general land use plan indicating the tract area and general
location of land uses to be included in the planned development at
a scale not smaller than one inch equals 100 feet. The total number
of proposed dwelling units and the amount of nonresidential floor
area to be provided and the proposed land area to be devoted to residential
and nonresidential uses shall be set forth in addition to the land
that shall be permanently dedicated and deed-restricted to golf and/or
recreational use.
(2)
The proposed types of golf and related nonresidential uses to
be included in the RPUD shall be set forth and the land area to be
occupied by each use shall be estimated, including the area to be
devoted to parking and stormwater management for the proposed uses.
(3)
A circulation plan showing the general location and types of
transportation facilities, including the relationship to public transportation
and facilities for pedestrian access within the planned development
and any proposed improvements to the existing transportation system
outside the planned development.
(4)
An open space plan showing the proposed land area and general
location of the golf course 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 the course and recreational lands.
The open space plan should include a calculation of the total area
that will be available for public or semipublic use.
(5)
A utility plan indicating the need for and showing the proposed
location of sewer and water lines and information regarding the available
capacity for utility facilities. Additionally, storm drainage facilities,
proposed methods for handling solid waste disposal, and a plan for
the operation and maintenance of proposed utilities shall be included.
(6)
A general stormwater management plan setting forth the proposed
method of controlling and managing stormwater on the site; stormwater
calculations may be deferred to the preliminary subdivision or site
plan application.
(7)
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.
(8)
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
and police stations.
(9)
A housing plan outlining the number and type of housing units
to be provided and the manner in which any affordable housing obligation
will be fulfilled by the development.
(10)
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, gas/electric and solid waste disposal.
(11)
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 municipality or the school districts
as a result of the completion of the planned development. The fiscal
impact report shall also include a projection of property tax revenues
which will accrue to the county, municipality and school district
according to the timing schedule provided.
(12)
A proposed timing schedule for the phasing of the project if
it is anticipated that the development will be completed over a number
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.
(13)
A municipal development agreement, which shall mean a written
agreement between a municipality and a developer relating to the development
and specifically with respect to affordable housing production and
the permanent preservation of a full-size, eighteen-hole golf course.
C.
Required findings by the Planning Board. Prior to approval of a general
development plan, the Planning Board shall make 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 that may be specific to a planned development.
(2)
That proposals for maintenance and conservation of the common
open space are reliable and that the amount, location and purpose
of the common open space are adequate.
(3)
That provisions 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, 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.
(6)
That the proposal is responsive to the natural features of the
site and is designed in a manner that preserves valuable site characteristics
identified in the environmental inventory.
(7)
That the proposal advances the principles of smart growth by
providing opportunities for vehicular and pedestrian interconnectivity
where feasible, by encouraging the efficient use of land, and by safeguarding
the character of existing stable neighborhoods.
D.
Approval process and duration.
(1)
The Planning Board shall grant or deny general development plan
approval within 95 days after submission of a complete application
to the administrative officer.
(2)
The term of the effect of the general development plan approval
shall be determined by the Planning Board using the guidelines set
forth below, except that the term of the approval shall not exceed
20 years from the day upon which the developer receives final approval
of the first section of the planned development. In making its determination
regarding the duration of the approval of the development plan, the
Planning Board shall consider the following:
(a)
The number of dwelling units or amount of nonresidential floor
area to be constructed.
(b)
Prevailing economic conditions.
(c)
The timing schedule to be followed and likelihood of its fulfillment.
(d)
The developer's capability of completing the development.
(e)
The contents of the general development plan and any conditions
which the Planning Board attaches thereto.
(3)
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
market and economic conditions, anticipated actual needs for residential
units and nonresidential space within the City and the region, and
the availability and capacity of public facilities to accommodate
the proposed development.
(4)
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 of the Planning
Board. The exceptions are listed below.
(a)
If a variation in land uses or increase in density or floor
area ratio is proposed in response to a negative decision of, or a
condition of development approval imposed by, the New Jersey Department
of Environmental Protection, and there is a valid environmental reason
for such decision, the variation 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 a determination by the Department of Environmental Protection.
(b)
Planning Board approval is not required if the developer seeks
to reduce the number of residential dwellings or reduce the amount
of nonresidential floor space by no more than 15% without otherwise
violating the terms and conditions of the general development plan
approval.
(5)
Completion, failure to apply and termination of approval.
(a)
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 municipality shall have cause
to terminate the approval.
(b)
If a developer does not complete any section of the development
within one year 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
City shall notify the developer by certified mail, and the developer
shall have 10 days within which to give evidence that he is fulfilling
his obligation pursuant to the plan. The City thereafter shall conduct
a hearing to determine whether or not the developer is in violation
of the approved plan. If, after such hearing, the City 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 a development which is the subject of a general
development plan is completed before the end of the term of the approval,
the approval shall terminate with the completion of the development.
