A developer may submit a general development plan (GDP) to the
Planning Board if said application meets the following requirements:
The purpose of this Article is to establish rules, regulations,
standards and procedures for approval of all planned developments
in order to:
A.
Preserve existing natural resources and give proper consideration
to the physical constraints of the land.
B.
Provide for safe and efficient vehicular and pedestrian circulation.
C.
Provide for screening, landscaping, signing and lighting.
D.
Ensure efficient, safe and aesthetic land development.
E.
Provide for compliance with appropriate design standards to ensure
adequate light and air, proper building arrangements and minimum adverse
effect on surrounding property.
F.
Develop proper safeguards to minimize the impact on the environment,
including but not limited to minimizing soil erosion and sedimentation,
air and water pollution and noise levels.
G.
Ensure the provisions of adequate water supply, drainage and stormwater
management, sanitary facilities and other utilities and services.
H.
Retain as much of the natural vegetative cover, particularly in critical
environmental areas, where it serves important functional as well
as aesthetic purposes.
I.
Encourage modern and innovative design, construction, technology
and planning methods.
J.
Advance and promote sound growth and the general welfare.
K.
Strengthen and sustain the economic potential of the township.
[Amended 4-27-1995 by Ord. No. 95-5]
The Planning Board of the Township of Knowlton shall administer
this Article, including the granting or denial of a general development
plan (GDP), preliminary and final site plan and subdivision approvals
and the authority to establish conditions on any approval. The Planning
Board shall have the authority to grant variances, except use variances,
and/or waivers from the strict application of any provisions of this
Article when, in the opinion of the Planning Board, such variances
and/or waivers assist in carrying out the objectives of the GDP and
the benefits of granting the variance outweigh the detriments and
the grant of the variance will not negatively affect the zone plan
or the surrounding properties.
A.
Application.
(1)
The applicant shall submit 18 copies of the application, together with 12 legible prints containing all information required by the appropriate checklist in Article 23, together with all appropriate fees as outlined in this chapter, at least two weeks before the date of the regular meeting of the Approving Board at which the application is to be considered.
(2)
Design standards and checklists are shown in applicable sections
of this chapter.
(3)
The Secretary of the Approving Board shall forward copies of the
plat to the following officials for review and comment where appropriate:
(4)
In appropriate cases, the Planning Board shall have the authority
to approve the general development plan without the necessity of any
specific referrals. The Approving Board shall also have the authority
to refer any plat to other agencies or other individuals for comment
or recommendations.
B.
Completeness.
(1)
Determination of completeness. The Approving Board or its designee shall, within 45 days of the submission of an application for development, make a determination that the application for development is complete or incomplete in accordance with the requirements of the checklist in Article 23 of this chapter. If the Approving Board shall determine that the application is incomplete, the Approving Board or its designee shall advise the applicant or its attorney, in writing, the reasons why the application is incomplete within 45 days of the submission of the application for development. In the event that the Planning Board or its designee does not certify the application to be incomplete or complete within 45 days of the date of submission of an application for development, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time.
(2)
Request for waiver. The applicant may request, in writing, that one
or more of the submission requirements be waived. The applicant shall
include the reasons for said request. The Approving Board or its designee
shall grant or deny the request within 45 days. In the event that
the Approving Board or its designee shall deem the application incomplete
in accordance with the provisions of this section, any resubmissions
by the applicant shall be reviewed and certified to be complete within
45 days of the submission of these resubmissions.
(3)
Corrections or additional information. Nothing herein shall be construed
as diminishing the applicant's obligation to prove in the application
process that he or she is entitled to approval of the application.
The Approving Board may subsequently request correction of any material
found to be in error and submission of additional information not
specified in this chapter or any revisions in the accompanying documents
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of an application for development
have been met. The application for development shall not be deemed
incomplete for lack of any such additional information.
C.
Hearings and notices.
(1)
When required. Hearings shall be required as part of all approvals
for any GDP approval and shall follow the hearing requirement of N.J.S.A.
40:55D-10, as set forth in this chapter.
(2)
Maps, documents and exhibits on file. A complete set of maps, documents
and exhibits shall be on file at least 10 days prior to the date of
the hearing at the office of the Planning Board or the Township Clerk.
(3)
Public notice. A public notice of the hearing shall be required for
a GDP. Such notice shall meet the requirement of the Municipal Land
Use Law for preliminary approval of a major development application
in accordance with the procedures.
D.
GDP approval.
(1)
Time limit. The Planning Board shall grant or deny GDP approval within
95 days after submission of a complete application to the Planning
Board Secretary 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 GDP approval of the planned development.
(2)
Findings for GDP approval. Prior to GDP approval, the Planning Board
shall find the following facts and conclusions:
(a)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the standards
pursuant to this Article.
(b)
That the proposals for maintenance and conservation of common
open space and buffers are reliable, and the amount, location and
purpose of the open space are adequate.
(c)
That provision through the physical design of the proposed development
for public services, control over vehicular pedestrian traffic and
the amenities of light and air, recreation and visual enjoyment are
adequate.
(d)
That the proposed GDP will not have an unreasonably adverse
impact upon the area in which it is proposed to be established.
(e)
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 occupants and owners
of the proposed development in the total completion of the development
are adequate.
A.
The Planning Board may allow for a greater concentration of density
or intensity of land use within a section or sections of development,
whether it is earlier, later or simultaneous in the development, than
in others; provided, however, that nothing herein shall provide authority
to the Planning Board to increase the overall density or intensity
of land use authorized by the applicable zoning provisions.
B.
Approval by the Planning Board of a greater concentration of density
or intensity of land use for any section to be developed shall be
offset by a smaller concentration in any proposed subsequent stage
or by an appropriate reservation of common open space on the remaining
land by grant of easement or by covenant in favor of the municipality,
provided that such reservation shall, as far as practicable, defer
the precise location of common open space until an application for
final approval is filed, so that flexibility of development can be
maintained.
C.
The Planning Board may establish the timing of development among
the various types of uses and subgroups thereunder and may require
that some nonresidential uses, including golf courses, be built before,
after or at the time as the residential uses.
D.
The Planning Board may require, in the case of a development which
proposes construction over a period of years, adequate and suitable
protection of the interest of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development, including but not limited to the establishment of
appropriate bonding for infrastructural improvements. Said bonding
shall be in accordance with the provisions of this chapter.
E.
As a condition for approval, the applicant shall submit proof that
no taxes or assessments for local improvements are due or delinquent
on the property for which the GDP application is made.
F.
The Planning Board shall secure written agreement from the applicant
that the planned development shall be developed in accordance with
the GDP approved by the Planning Board, notwithstanding any provision
of N.J.S.A. 40:55D-1 et seq. or an ordinance or regulation adopted
pursuant there to after the effective date of the approval.
A.
GDP approval of a planned development shall confer upon the applicant
the right to construct the planned development in accordance with
the approved plan subject to the conditions set forth in said approval
for a period not to exceed 20 years from the date upon which the developer
receives final approval of the first section of the planned development.
B.
In making its determination regarding the duration of the effect
of approval of the development plan, the Planning Board shall consider
the following:
(1)
The number of dwelling units or amount of nonresidential floor area
to be constructed.
(2)
Prevailing economic conditions.
(3)
The timing schedule to be followed in completing the development
and the likelihood of its fulfillment.
(4)
The developer's capability of completing the proposed development.
(5)
The contents of the GDP and any conditions which the Planning Board
attached to the approval thereof.
C.
The grant by the Planning Board of a GDP approval shall not confer
upon the developer the right to construct the project. The applicant
shall be required to obtain prior preliminary and final approval in
accordance with the requirements of the Knowlton Land Development
Ordinance.
A.
Except as provided hereunder, the developer shall be required to
gain the prior approval of the Planning Board if, after approval of
the GDP, the developer wishes to:
(1)
Make any variation in the location of land uses within the planned
development;
(2)
Increase the density of residential development; provided, however,
that the density of the project shall not exceed that authorized by
Part VI, Zoning, at the time of the grant of approval;
(3)
Increase the floor area ratio of nonresidential development;
(4)
Modify the proposed timing schedule; or
(5)
Make any other revision or amendment.
B.
The Planning Board shall, in deciding whether or not to grant approval
of the modification or changes, 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.
C.
A developer, without violating the terms of the GDP 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%; provided, however, that the developer may not
reduce the number of residential units to be provided in accordance
with any low- and moderate-income obligation required pursuant to
N.J.S.A. 52:27D-103 et seq. without prior municipal approval.
In the event that a developer who has a GDP approval does not
apply for a preliminary approval for the planned development or a
section thereof within five years of the date of the GDP approval,
the township shall have cause to terminate the approval.
A.
Upon the completion of each section of the development as set forth
in the approved GDP, the developer shall notify the Planning Board
Secretary, by certified mail, as evidence that the developer is fulfilling
his or her obligations under the approved plan. For the purposes 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 GDP. 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.
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 Planning Board has cause to believe that the developer
is not fulfilling his or her obligations pursuant to the approved
plan, the Planning Board shall notify the developer, by certified
mail, that the developer shall have 10 days within which to give evidence
that the developer is fulfilling his or her obligations pursuant to
the approved plan. The Planning Board 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 Planning Board finds good cause
to terminate the approval, it shall provide written notice of the
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 an approved
GDP is completed before the end of the term of the approval, the GDP
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 GDP and the developer has fulfilled all
of his or her obligations pursuant to the approval.
A.
Circulation. In reviewing any GDP plan, the Planning Board shall
consider the following:
(1)
Pedestrian and vehicular traffic movement within and adjacent to
the tract with particular emphasis on the provision and layout of
parking areas, off-street loading and unloading and movement of people,
goods and vehicles from access roads, within the tract, between buildings
and between buildings and vehicles. The Planning Board shall determine
which roads shall be public and which shall remain private.
(2)
That all parking areas are landscaped and spaces are usable and are
safely and conveniently arranged. Access to the tract from adjacent
roads shall be designed so as to interfere as little as possible with
traffic flow on these roads and to permit vehicles a rapid and safe
ingress and egress to the tract.
(3)
That the circulation plan conforms to the Master Plan's circulation
plan element. The roadway system shall clearly define and delineate
private and public transit facilities. Major access improvements in
critical environmental areas shall be discouraged. The location and
provision of bikeways, sidewalks and other pedestrian linkages shall
be indicated.
(4)
Encouraging the applicant to develop and implement mass transit programs
and to minimize the use of private automobiles as a principal means
of getting to and from the tract. These programs may include the use
of company buses to connect the tract with rail and other public transit,
use of vans, carpooling, construction of bike paths and bike storage
areas and construction of convenient bus pickup and drop-off points,
In order to minimize the peak hour traffic impact, the applicant,
where feasible, shall encourage staggered starting and quitting times
and changes in work hours and include the same within the applicant's
proposal to the Planning Board.
B.
Design and building layout. The design and layout of buildings and
parking areas shall provide an aesthetically pleasing design and efficient
arrangement. Particular attention shall be given to energy conservation
during construction and operation, safety and fire protection and
impact on surrounding development and contiguous and adjacent buildings
and lands. Architectural design shall be compatible with the environmental
and natural characteristics of the tract.
C.
Lighting. Adequate lighting shall be provided to ensure safe movement
of persons and vehicles and for security purposes. Lighting standards
shall be a type approved by the Planning Board. Lights shall be arranged
so as to minimize glare and reflection on adjacent properties.
D.
Buffering, landscaping and open space.
(1)
Buffering.
(a)
Buffering shall be located to minimize headlights of vehicles,
noise, light from structures and the movement of people and vehicles
and to shield activities from adjacent properties when necessary.
Buffering may consist of fencing, evergreens, shrubs, berms, rocks,
boulders, mounds, bushes, deciduous trees or combinations thereof
to achieve the stated objective.
(b)
Extensive buffering shall be required where intensive land uses
abut less intensive uses. Existing natural vegetation, if appropriate
for the above-stated purposes, shall be retained.
(2)
Landscaping.
(a)
Landscaping shall be provided as part of a major subdivision
or site plan and integrated into building arrangements, 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
manner.
[Amended 2-8-2002 by Ord. No. 02-3]
(b)
The existing sense and appearance of the semirural, natural
scenic qualities of the tract shall be retained in tract development.
Such techniques as clustering, ample setbacks from main roads, retention
of existing vegetation and narrow minor road widths will be employed.
(3)
Open space.
(a)
Open space shall be provided as part of any plan. The open space
should be classified as developed (recreational) or undeveloped (natural)
open space. Open space shall serve as a buffer or help integrate buildings
and uses.
(b)
Undeveloped open space should have as a prime objective the
preservation of a tract's natural amenities. Ponds, rock outcroppings,
wooded areas, vistas, steep slopes, ravines and stream beds are prime
lands recommended for undeveloped open space.
E.
Signs. Signs shall be designed so as to be aesthetically pleasing,
harmonious with other signs on the site and located so as to achieve
their purpose without constituting hazards to vehicles and pedestrians.
(1)
There should be a coordinated graphics design theme throughout the
tract for direction, information and freestanding signs not associated
with any specific site. Each building site shall have a coordinated
graphics design theme which may differ from those used on other building
sites. The design theme shall include style of lettering, construction,
material, type of pole or standard (wood or metal, for example), size
and lighting. Color of letters and background should be carefully
considered in relation to the color of the material or buildings or
where the signs are proposed to be located.
(2)
Signs should be located so as not to create a hazard, particularly
at intersections. The location of signs should be selected in terms
of visibility. Signs designed to be seen from vehicles should be perpendicular
to the line of travel, while signs designed to be read on foot can
be parallel with walks.
F.
Utilities. The stormwater management system, sanitary waste disposal
system, water supply system, solid and wet waste collection and disposal
plan and electrical and other distribution systems shall be reviewed
and approved by appropriate township or private agencies. Particular
emphasis shall be given to the protection of delineated floodplains,
reservation of stream corridors, establishment of drainage rights-of-way
and the analysis of the adequacy of existing systems and the need
for improvements, both on-site and off-site, to adequately control
the rate, volume and velocity of storm drainage, as well as to provide
for treatment of effluent and to maintain an adequate supply of potable
water at sufficient pressure.
G.
Environmental considerations. Environmental elements relating to
prevention of soil erosion, protection of significant vistas or views,
preservation of trees and protection of watercourses, wetlands, transition
areas, floodplains, steep slopes, topography, soil and animal life
shall be reviewed, and the design of the plan shall minimize any adverse
impact on these elements.
H.
Street furniture. The plan shall provide for those elements of street
furniture made of the same or similar materials to ensure design continuity
and to be appropriate to the particular use. These may include phone
booths, benches, bike racks, trash receptacles, bus shelters, tree
planters and tract directories.
