The proposed use does not substantially adversely affect the general plans for the physical development of the Township, as embodied in this chapter and in any Master Plan or portion thereof.

The proposed use will not be substantially detrimental to the use or development of adjacent properties or the character of the neighborhood.

The proposed use will not be affected adversely by the existing uses.

The proposed use will adequately provide for access facilities for the estimated traffic from public streets and sidewalks.

The proposed use shall be subject to the off-street parking, loading and service requirements of this chapter.

Screening or buffer strips, as required, shall be installed.

No outdoor floodlighting or spotlighting shall be permitted to shine directly or indirectly on any abutting property.

The proposed use shall be reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as water, sewers, police and fire protection, transportation, recreation and public schools.

Each proposed use shall be further subject to specific conditions as set forth in this chapter.

Billboards, which term shall include all off-premises advertising signs, are permitted in the following zoning districts: General Commercial II (GCII), Research Engineering and Office (REO), Community Commercial (CC), Public Use (P) (limited areas) and Highway Commercial (HC) (limited areas) Zones only. In the Public Use (P) Zone, billboards will be permitted in areas abutting the New Jersey Turnpike south of Georgetown Road only. In the Highway Commercial (HC) Zone, north of Ward Avenue, only existing signs will be permitted to be upgraded to meet the requirements and standards of this section. No new billboard locations will be permitted in the Highway Commercial (HC) Zone north of Ward Avenue.

No billboards shall be permitted within 1,000 feet of a residential use or residential zone. The Planning Board may allow a reduction of the distance to 750 feet where the applicant shows that the impact on residential zone will be minimal and the benefit substantially outweighs the potential detrimental impact on residential properties.

Billboards shall require site plan approval from the Planning Board. In addition to any other requirements, the site plan shall require the provision and maintenance of a clear sight triangle. In addition, provisions for the removal of the sign must be addressed once the sign is no longer in use. Billboards which are dormant or unused for more than one year shall be removed, including below-ground structures, at the owner's expense upon notification by the municipality.

No billboard, or portion thereof, shall be allowed within a 1,000-foot radius of any other billboard.

There shall be no more than four billboards per linear mile of roadway, except that along interstate highways, the limitation shall apply to the same side of the highway only.

No billboards shall obstruct existing access drives of adjoining properties, nor shall they block reasonable visibility of existing freestanding signs or buildings.

The minimum lot size shall be 20,000 square feet.

Highway setbacks and design features.

Side and rear yard setbacks shall be not less than the front yard setback.

Height.

The minimum clearance for any billboard shall be eight feet from the bottom of the billboard to the grade at the base of the billboard or to the elevation of the imaginary plane at the edge of the pavement, whichever insures unobstructed visibility to motorists traveling along the nearby roadway(s).

All billboard faces shall be erected on and displayed from a single metal pole, constructed and maintained according to applicable regulations promulgated by the State of New Jersey and shall be grounded and/or otherwise protected as necessary from lightning and electrical storms.

Illumination of any billboard must be effectively shielded so as to prevent light from being directed at any portion of the main traveled way of any street or highway. The illumination shall also conform and be subject to regulations relating to illumination of billboards promulgated by the State of New Jersey, but in no case shall not exceed 50 footcandles. No distracting displays are permitted, including moving parts, flashing lights, animated displays, scrolling displays, video displays, or displays that turn. Conforming signs displaying the time, date and temperature are permitted. In order to improve safety and prevent confusion or conflict with emergency vehicles, no red lighting shall be utilized. The illumination of any billboard must be effectively shielded so as to minimize the impact on residential properties and vehicular circulation.

Only one billboard structure may be permitted per lot, except that up to two billboard structures shall be permitted on lots abutting an interstate highway and along Old York Road and Rising Sun Road, where the viewing area of the sign is directed to a limited-access highway and the billboards conform to the requirements of this subsection.

Back-to-back or double-faced billboards are permitted and shall be counted as a single sign, provided both sides are the same size. V-shaped billboards and three-or-more-sided signs are prohibited. When a single-sided billboard is proposed, the rear or back of the sign shall be provided with a façade that obscures all structural elements satisfactory to the approving authority.

Billboards shall be suitably landscaped to improve the environment of the site and surrounding area, and protect the general welfare of the public, so that the sign shall be shielded by buffers. The purpose of the buffer is to improve the visual impact from residential areas which may overlook the sign. Any and all landscaping around the billboard installation shall be placed so that it will not obstruct sight distance along any street frontage.

A conscious effort shall be made to preserve and incorporate the existing vegetation on site wherever possible. The support structure for the billboard shall be screened with evergreen and deciduous shrubs and trees. The final spacing and species mixture shall be as approved by the approving authority.

The billboard sign may be illuminated but shall be arranged so that no light or glare is directed or reflected to adjoining lots, streets, or into residential windows. No external beam shall be directed downward. Lighting shall be shielded to prevent spillage off the lot. The billboard sign shall not exhibit exposed incandescent bulbs, neon tubes or mirrors. Dark sky considerations shall be addressed for all lighting.

The billboard sign shall be of sound construction and shall be permanently affixed to the ground in a manner conforming to the New Jersey Uniform Construction Code. Consideration shall be given to using a monopole.

Access drives for billboards shall be designated to support emergency vehicles. Materials, design elements and the width of the access drive are to be based on the needs of emergency vehicles utilizing the access route, as well as the length of the accessway. Emergency vehicle requirements shall be determined by the municipal fire marshal and the approving authority.

The billboard sign shall be periodically maintained by the owner, including painting, repairing, and cleaning as necessary. Any billboard sign that, because of improper maintenance, is deemed to be in a state of disrepair shall be repaired by the owner of said sign within 14 days of the notice requiring repair. If the repair is not done, the sign shall be considered as subject to the regulations of the Property Maintenance Code of Bordentown Township.

All billboard signs shall be under current contract between the property owners and the billboard sign owner. All billboard sign messages shall be under current contract between the billboard sign owner and a third-party advertiser/vendor. Otherwise, the messages or images, including graffiti, shall be removed. Billboards without messages shall be reported to the municipality by the owner, along with appropriate justification.

No billboard sign shall contain messages advertising and/or depicting any obscene material and/or any adult entertainment.

Billboard signs that are not completed within 120 days of the commencement of construction shall be removed. Failure to do so shall be considered a violation of this subsection and permit the Township to seek all remedies available to it for the said removal and other related relief.

All billboard signs must be in compliance with the Roadway Signs Outdoor Advertising Act (N.J.S.A. 27:1A-5, 27:1A-6, 27:5-5 et seq.).

No billboard sign shall be applied for or erected until any necessary approvals are obtained from the New Jersey Department of Transportation or the New Jersey Turnpike Authority, and a license issued for off-premises billboard signs at the specific location being applied for.

No billboard shall be erected until all necessary approvals are obtained from the State of New Jersey, Burlington County and any other agency or jurisdiction.

The name of each rooming occupant;

The principal address of each such occupant;

The date on which the occupancy of such unit commenced;

The signature of each occupant of such unit;

The identification number from a legal form of identification such as a driver's license or passport;

The age of each occupant; and

The make, model, and license number of any motor vehicle parked at the motel by occupants of each unit.

Due to the convergence of major highway systems, specifically Interstate Highway 295 and the New Jersey Turnpike, within a portion of the Township of Bordentown, truck fuel stations are reasonably needed to service the traffic on those highways.

The location of truck fuel stations should be focused into the immediate area where those highways converge and should not be generally permitted throughout the Township. Truck fuel stations present unique problems with respect to traffic generation, parking, environmental impact, and public safety that can only be effectively addressed by regulating the location and size of the facilities.

Minimum lot size shall be not less than four acres;

There shall be a maximum of two access points for ingress and egress;

Minimum frontage shall be 400 feet;

Buffers shall be a minimum of 50 feet around the perimeter of the facility and shall include berming and landscaping to create a visually impervious barrier with adjoining land uses. The buffering and landscaping requirement shall apply only along the perimeter abutting an adjoining land use and shall not apply along any abutting roadway. When the adjoining land is reserved for conservation use or open space or is used for a truck repair station, a truck fuel station or a truck stop, the Planning Board may permit a buffer of not less than 25 feet with appropriate berming and/or landscaping.

No access shall be permitted through a residential area.

There shall be not more than 12 fueling positions. Not more than 30% of the fueling positions shall be for gasoline fuel.

The impervious surface ratio shall be fixed by the Planning Board at the time of site plan review.

Fueling positions for gasoline fuel shall be located at separate islands from the fueling positions for diesel fuel. The specific location of the respective fueling islands shall be designated on the site plan and shall be designed in a manner that will reduce the conflicting traffic movements between automobile and truck traffic.

Other development standards shall be in accordance with the provisions of Article V, which may be waived or modified by the Planning Board as it deems appropriate for the particular application during site plan review.

Due to the convergence of major highway systems, specifically Interstate Highway 295 and the New Jersey Turnpike, within a portion of the Township of Bordentown, truck repair stations are reasonably needed to service the traffic on those highways.

The location of truck repair stations should be focused into the immediate area where those highways converge and should not be generally permitted throughout the Township. Truck repair stations present unique problems with respect to traffic generation, parking, environmental impact, and public safety that can only be effectively addressed by regulating the location and size of the facilities.

Minimum lot size shall be not less than two acres.

There shall be a maximum of two access points for ingress and egress.

Minimum frontage shall be 400 feet.

Buffers shall be a minimum of 50 feet around the perimeter of the facility and shall include berming and landscaping to create a visually impervious barrier with adjoining land uses. The buffering and landscaping requirement shall apply only along the perimeter abutting an adjoining land use and shall not apply along any abutting roadway. When the adjoining land is reserved for conservation use or open space or is used for a truck repair station, a truck fuel station or a truck stop, the Planning board may permit a buffer of not less than 25 feet with appropriate berming and/or landscaping.

No access shall be permitted through a residential area.

The impervious surface ratio shall be fixed by the Planning Board at the time of site plan review.

Other development standards shall be in accordance with the provisions of Article V which may be waived or modified by the Planning Board as it deems appropriate for the particular application during site plan review.

Due to the convergence of major highway systems, specifically Interstate Highway 295 and the New Jersey Turnpike, within a portion of the Township of Bordentown, truck stop facilities are reasonably needed to service the traffic on those highways.

The location of truck stop facilities should be focused into the immediate area where those highways converge and should not be generally permitted throughout the Township. Truck stops and truck service facilities, including related restaurant facilities, present unique problems with respect to traffic generation, parking, environmental impact, and public safety that can only be effectively addressed by regulating the location and size of the facilities.

Minimum lot size shall be not less than 10 acres.

The facility shall not exceed the number of parking spaces for trucks and for automobile and recreational vehicles as approved by the Planning Board at the time of site plan review. In determining the number of parking spaces allowed, the Planning Board shall consider the impact on the surrounding road network, the provisions for safe ingress and egress, the need for traffic control devices, the appropriate lot coverage and design and provisions for landscaping and buffering.

In recognition of the fact that this use presents a unique relationship between buildings, parking area and the total lot, the floor area ratio and impervious surface ratio shall be established by the Planning Board at the time of site plan review after consideration of proposed plan, the recommendations of the professional consultants to the Board and the general planning considerations embodied in the Master Plan and this chapter.

Access shall only be permitted within the GC-II District and to U.S. Route 206, Old York Road and Rising Sun Square Road.

Truck movements, truck fuel stations and truck parking shall be separated from automobile traffic, automobile fuel stations and automobile parking on the site.

Buffers shall be a minimum of 50 feet around the perimeter of the facility and shall include berming and landscaping to create a visually impervious barrier with adjoining land uses. The buffering and landscaping requirement shall apply only along the perimeter abutting an adjoining land use and shall not apply along any abutting roadway. When the adjoining land is reserved for conservation use or open space or is used for a truck repair station, a truck fuel station or a truck stop, the Planning board may permit a buffer of not less than 25 feet with appropriate berming and/or landscaping.

No access shall be permitted through a residential area.

Other development standards shall be in accordance with the provisions of Article V, which may be waived or modified by the Planning Board as it deems appropriate for the particular application during site plan review.

Single-family detached.

Multifamily, such as quadraplexes and similar configurations.

Lot size: 5,000 square feet.

Width at building line: 50 feet.

Frontage: 40 feet.

Front yard: 20 feet.

Side yard: five feet (one); 12 feet (both).

Rear yard: 20 feet.

Lot size: 2,000 square feet.

Width at building line: 18 feet.

Front yard: 20 feet.

Side yard: 10 feet.

Rear yard: 20 feet.

Area: 25% of total tract in one-acre minimum parcels and contiguous where possible.

A maximum of 50% of the open space may be wetlands.

A community building of at least 10 square feet per unit shall be included within the open space.

Live entertainment shall not occupy more than 5% of the gross floor area of entire building. Areas for a dance floor, stage or other area occupied by live entertainment shall be included as part of the total area dedicated to this use.

Live entertainment shall not be permitted on a parcel located within 100 feet of the property line to the exterior of the building of a residential property or a residential zoning district.

Live entertainment shall be permitted only entirely within a fully enclosed building with permanent walls, which shall be sufficiently insulated and separated from adjacent uses, particularly residential uses to avoid noise nuisances.

No outdoor music or public address system shall be permitted.

Live entertainment shall be permitted between the hours of operation as established by the Planning Board. This is also subject to any conditions and/or approval by the local, county, or state licenses.

All live entertainment shall conform to the performance standards for all uses contained in § 500-510.

The occupancy for the proposed use shall be based on the maximum permitted by the Uniform Construction Codes and firesafety regulations.

Any building where live entertainment is conditionally permitted shall comply with the minimum requirements for fire safety, sanitary facilities and structure safety as established by the Uniform Construction Code regulations.

Site plan submission shall be required. The plans must show information, including but not limited to buildings, off-street parking, ingress and egress to off-street parking areas, pedestrian walkways, exterior lighting, signage, landscaping, and the interior layout of the building seating, areas for performances, stages, equipment, and/or dance areas.

All live entertainment uses shall be required to comply with the annual business licensing requirements contained in § 5.04 of the Bordentown Revised General Ordinances.

All live entertainment uses must provide proof of adequate insurance coverage as part of any land development application and the annual business licensing requirements contained in Chapter 214, Business Licenses, of the Code of the Township of Bordentown.

All live entertainment is subject to the approval of an annual security plan by the Township Committee and Chief of Police.

Landscaping. All live entertainment uses shall provide adequate buffering and landscaping from surrounding land uses. The intent of the buffering is to maintain as much of the existing/mature vegetation as possible. A minimum landscape buffer of a fifty-foot landscape buffer is appropriate. This buffer should consist of a minimum of eight to 10 feet high (at time of installation) evergreen trees, planted at ten feet on center in a double-row configuration. The type and species of plant material shall be approve by the Planning Board and/or its professionals. Fencing may also be utilized for buffering and screening purposes. Berms may also be utilized as part of the buffer. A minimum landscaped and planted berm of four feet to six feet tall is required. The berm will serve to deflect noise back onto the subject property and reduce the visual aspects of the proposed use on the adjacent residential neighborhood.

Off-street parking shall be required to be provided for all live entertainment subject to the approval by the Planning Board. All parking must be located within the municipal boundaries and on the same site where the live entertainment use is proposed unless otherwise approved by the Planning Board. The applicant must be able to demonstrate control over the site where the off-street parking is proposed. The minimum number of required off-street parking spaces shall be the sum of the requirements for each of the individual uses, computed separately in accordance with this section; parking facilities for one use shall not be considered as providing the required parking facilities for any other use. The minimum number of off-street parking spaces for each use is as follows:

Barber and beauty salons: three parking spaces per chair.

Nail salons: two parking spaces per chair or station.

Cleaning or pressing services: one parking space per two employees or one parking space per 300 square feet of gross floor area, whichever is greater.

Shoe repair services: one parking space per 350 square feet of gross floor area.

Clothing rental or tailor shops: a minimum of five parking spaces or one parking space per 350 square feet of gross floor area, whichever is greater.

Funeral homes: one parking space per five seats of capacity or one parking space per 150 square feet of floor area in parlors or assembly areas.

Weight loss centers, health spas and/or health clubs: one parking space per 250 square feet of gross floor area.

Detached dwelling units.

Public purpose uses.

Public utility uses as conditional uses (see § 500-601 for standards).

Private residential swimming pools in rear yard areas only (see § 500-517 for standards).

Private residential sheds for the storage of objects owned by the residents of the property, not exceeding 10 feet in height.

Recreational facilities customarily associated with detached single-family dwelling units.

Off-street parking and private garages (see § 500-509).

Fences and walls not exceeding six feet in height (see § 500-503).

Signs (see § 500-515).

Home office occupations (see Article II requirements).

Detached dwelling units: information and direction signs as defined in § 500-515F(6).

See § 500-515 for additional standards.

The location and construction of adequate recreational facilities throughout the Township for public use.

The conservation of stream rambles throughout the Township for passive recreational use.

The protection of environmentally fragile and important resource land areas, including aquatic buffer areas, five-hundred-year floodplains, wetlands, and treed acreage.

The common open space shall be distributed throughout the development so that as many residential lots as is practicable abut and have access to the common open space. The Township shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.

If the applicant proposes that the common open space shall be dedicated to the Township, then the Planning Board shall forward that request with its recommendation to the Township Committee prior to the granting of preliminary plan approval of any development application containing common open space. No open space dedication to the Township shall be valid unless that dedication has been accepted by the Township Committee.

All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization or trust as provided in N.J.S.A. 40:55D-43 and stipulated herein.

The homeowners' association must be established before the homes are sold.

Membership in the homeowners' association must be mandatory for each homebuyer and any successive buyer.

The open space restrictions must be permanent, not just for a period of years.

The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

Homeowners must pay their pro-rata share of the cost; the assessment levied by the association shall become a lien on the property if allowed in the master deed establishing the homeowners' association.

The association must be able to adjust the assessment to meet changed needs.

If the deficiencies set forth in the original notice or in modifications thereof shall not be cured within the 30 days or any extension thereof, the Township, in order to preserve the common open space and maintain it for a period of one year, may enter upon and maintain that land. The entry and maintenance shall not vest in the public any rights to use the open space and recreation areas except when the open space and recreation area is voluntarily dedicated to the public by the owners.

Before the expiration of the year, the Township shall, upon its initiative or upon the request of the organization responsible for the maintenance of the areas, call a public hearing upon 15 days written notice to the organization and to the owners of the development to be held by the Township, at which hearing the organization and owners of the development shall show cause why the maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that the organization is ready and able to maintain the open space and recreation areas in reasonable condition, the Township shall cease to maintain the open space and recreation areas at the end of the year. If the Township shall determine that the organization is not ready and able to maintain the open space and recreation areas in a reasonable condition, the Township may, in its discretion, continue to maintain the open space and recreation areas during the next succeeding year and, subject to a similar hearing, a determination in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject to judicial review.

The cost of the maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the assessed value at the time of imposition of the lien, and shall become a lien and tax on those properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the Township in the same manner as other taxes.

Any open space organization or trust initially created by the developer shall clearly describe in its by-laws the rights and obligations of the homeowners and tenants in the residential development and the articles of incorporation, master deed and bylaws of the organization, including any amendments thereto, shall be submitted for review and approval by the Planning Board prior to the granting of final approval by the Township.

An applicant requesting general development plan approval shall first submit to the administrative officer, 12 copies of the materials stipulated in § 500-606F(5).

The application shall be declared to be complete or incomplete within 45 days from the date of submission.

An application for approval of a general development plan shall require a public hearing and notice pursuant to the provisions of N.J.S.A. 40:55d-10, 11 and 12.

The Planning Board shall, within 95 days or within such further time as may be consented to by the applicant, either grant approval of the general development plan as submitted or with changes and/or conditions, or deny approval.

The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be development plan approved by the Planning Board notwithstanding any provision of P.L. 1975, c. 291 (C. 40:55D-1 et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.

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 F(4)(c), except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

In making its determination regarding the duration of the effect of approval of the 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.

A general land use plan at a scale not less than one feet equals 200 feet 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 are 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;

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;

An open space plan showing the proposed land area and general location of parks and any other land areas to be set aside for conversation 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;

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;

A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site;

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;

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;

A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to P.L. 1985, c. 222, will be fulfilled by the development;

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;

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 municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection or property tax revenues which will accrue to the county, municipality and school districts according to the timing schedule provided under Subsection F(5)(k), and following the completion of the planned development in its entirety;

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;

A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development; and

Other information. The Planning Board may require such additional information not specified in the subsection, or any revisions in the accompanying the documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.

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 municipality and the region, and the availability and capacity of public facilities to accommodate the proposed 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 by the Department of Environmental protection pursuant 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 such determination by the Department of Environmental Protection, as the case may be.

General development plan (GDP) certification upon completion; failure to complete or comply, and, termination of approval. Upon the completion of each section of the development as set forth in the approval GDP, 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 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 GDP. If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not terms of the approved plan are being complied with. 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 caused to believe that the developer is not fulfilling their obligations pursuant to the approved plan, the municipality shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that they are fulfilling their obligation pursuant to the approved plan. The municipality 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 municipality 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.

In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is 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.

GDP satisfactory completion. 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 approval shall terminate with the completion of the development. For the purpose 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 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.[3]