[Adopted 4-12-1995 as Ord. No. 0-95-11]
This article shall be known as the "General
Development Plan Ordinance of the Township of Plainsboro."
Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development may submit a general development plan to the Planning Board prior to the granting of preliminary subdivision approval or preliminary site plan approval pursuant to the Subdivision and Site Plan Review Ordinance of the Township of Plainsboro. For the purpose of this requirement, streets shall not be deemed to divide acreage. Any applicant who has heretofore received planned development approval for a site pursuant to provisions of the Plainsboro Township Code which were enacted pursuant to the former Municipal Planned Unit Development Act (1967) (former N.J.S.A. 40:55-54 et seq.), including approval of variations of such plan of development pursuant to § 85-57, may apply for general development plan approval pursuant to the General Development Plan Ordinance of the Township of Plainsboro for such undeveloped portions of the site as shall be designated by the applicant in its application for general development plan approval, provided, such portions are in the aggregate 100 acres in size, including any associated common open space.
Except for required reports and other written
documentation, the general development plan shall be submitted in
plat form at a scale of about one inch = 200 feet, or such other scale
permitting the entire site to be shown on one sheet not larger than
42 by 60. Enlargements of portions of the plan may be submitted on
separate sheets of the same size.
A general development plan shall include the
following:
A.
A general land use plan indicating the tract area
and general locations of the land use 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;
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 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 such lands;
D.
A utility plan indicating the need for and showing
the proposed location of sewage and water lines, and 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 the site;
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;
H.
A housing plan outlining the number of housing units
to be provided;
I.
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 soil waste disposal;
J.
A fiscal report providing:
(1)
An analysis of the impact of the proposed new population,
providing an estimate of the number of people expected to be added
to the municipal population as a result of the proposed development
according to dwelling unit type.
(2)
An analysis of the impact of the proposed new population
upon public schools, providing an estimate and discussion of school-age
children to be generated by the proposed development for grades K-12.
(3)
An analysis of development costs and benefits in order
to review estimated municipal and public school costs and revenues.
The analysis shall also include impacts on the taxable annual base
of the community and non-property tax revenues for the municipality
and school district. Such cost and benefit analysis shall discuss
the revenues expected to be generated from the development compared
to the anticipated costs which the proposed development is expected
to generate. Revenues and costs shall be shown for the municipality,
the school system, and the county.
K.
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.
L.
An agreement between the developer and the Township
relating to the planned development.
A.
The planned development shall be developed in accordance
with the general development plan approved by the Planning Board notwithstanding
any provision of the Municipal Land Use Law (C.40:55D-1 et seq.),
or of any ordinance or regulation adopted pursuant thereto after the
effective date of the approval.
B.
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 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 received final approval of the first section of the planned development.
C.
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 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 attaches 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 Township
and the region, and the availability and capacity of public facilities
to accommodate the proposed development.
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.
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 approved by the Planning
Board.
B.
A developer, without violating the terms of the approval
pursuant to General Development Plan Ordinance of the Township of
Plainsboro, 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%.
A.
Upon 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 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 general development plan and pursuant
to section 15 of the State Uniform Construction Code (C. 52:57D-133).
If the Township does not receive such notification at the completion
of any section of the development, the Township 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 Township has cause to believe that the
developer is not fulfilling his obligations pursuant to the approved
plan, the Township 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 Township 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 Township 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 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 Township shall have cause to terminate the approval. However, the Planning Board in establishing the timing schedule pursuant to § 85-70.4K, and the Township in negotiating a developer's agreement relating to the planned development in accordance with § 85-70.4L, may allow for preliminary approval for section(s) of the planned development to be applied for subsequent to five years of the date upon which the general development plan has been approved by the Planning Board; in which case, the Township shall not have cause to terminate the general development plan approval as long as the. developer shall fulfill his obligations under the approved plan.
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.
