Greenwich Township City Zoning Code
§ 16-15.5.2.1
Procedure for approval of the general development plan.
[Ord. No. 1989-8; amended by Ord. No. 1990-11 § 2; Ord. No. 2014-02]
a.
Land Use Board review. The Land Use Board shall review an application for general development approval of a planned development within the PDZ in the following manner:
1.
Notice. Public notice of a hearing of an application for planned development shall be given as required by statute in accordance with N.J.S.A. 40:55D-12.
2.
Time for action. Upon submission to the administrative officer of a complete general development plan application for planned development, the Land Use Board shall grant or deny general development plan approval within 95 days of the date of submission or within such further time as may be consented to by the applicant pursuant to N.J.S.A. 40:55D-45, et seq. Failure of the Board to act within the prescribed time shall constitute approval.
3.
Preliminary and final approval shall be required for each development section as per Township ordinances.
b.
Required submissions - complete application. An application for approval of the general development plan shall be deemed complete, as per the provisions of N.J.S.A. 40:55D-10.3, upon submission by the applicant of the following:
1.
A complete application in a form established by the Land Use Board, containing the following minimum information:
(a)
The name of the developer.
(b)
A signed statement of the developer affirming compliance with the minimum criteria for planned development contained in this subsection.
(c)
Proof that the property taxes pertaining to the subject property have been paid to date.
(d)
A corporate or partnership disclosure statement, where applicable, in accordance with the provisions of N.J.S.A. 40:55D-48.1 and 40:55D-48.2.
(e)
The following fees shall be required of the applicant:
(1)
Two hundred fifty dollars application fee, plus.
(2)
Fifty dollars per dwelling unit proposed (Affordable Housing Units at no cost),
(3)
Provided however, that if the Land Use Board shall determine that the fees provided for herein are inadequate to cover the actual costs of administration of the application the developer shall be obligated to pay such additional fees as are necessary to cover the reasonable costs of administration. Where review costs exceed, or are anticipated to exceed the application fee, the applicant shall pay the additional amount prior to signing of plan or release of any resolution. Where the review fees cost less than the application fee, the difference shall be refunded to the applicant if so requested.
2.
An overall development plan consisting of the following:
(a)
A land use plan, at a scale of one inch equals 100 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 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. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided.
(b)
A circulation plan, indicating 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)
A stormwater management plan, indicating the proposed method of controlling and managing stormwater on site.
(d)
An open space plan, indicating the approximate major land areas to become open space, a description of the intended improvements within said area, and the allocation of responsibility for maintenance of the open space.
(e)
A development plan, setting forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the general development plan, according to a schedule which sets forth the timing of any sections of the development.
(f)
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.
(g)
A community facility plan indicating the scope and type of supporting community facilities which may be provided within the proposed development.
(h)
A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality by the Council on Affordable Housing will be fulfilled by the development.
(i)
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 school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under this subsection and following the completion of the planned development in its entirety. The fiscal report shall be submitted for informational and municipal planning purposes; nothing in the report shall serve as a basis for the Board to delay or deny an approval or impose any conditions inconsistent with the terms of the May 19, 1989 Developer's Agreement.
(j)
A proposed timing schedule, 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. The proposed timing schedule shall, consistent with Sections 1d and 4g of the May 19, 1989 Developer's Agreement, permit the construction of the entire development in a period of between six and 10 years, depending upon market conditions, from the date of the issuance of the first certificate of occupancy within the development provided that nothing in the timing schedule shall preclude the developer from constructing the units and completing the project, and hence satisfying Greenwich's low- and moderate-income housing obligation, in a shorter period of time if market conditions allow.
(k)
A municipal development agreement between the municipality and the developer relating to the planned development as executed on May 19, 1989.
The items listed in subsections 16-15.5.2.1 b.1 and b.2 above shall constitute the submissions required to be enumerated on a checklist supplied to the applicant as per the provisions of N.J.S.A. 40:55D-10.3. |
c.
Technical analysis. Upon submission of an application for general development plan approval to the Land Use Board, the applicant shall, simultaneously therewith, submit a copy of receipt of a copy of the application by the Land Use Board Secretary, the Land Use Board or a subcommittee thereof (if same shall exist), shall meet with the developer and the developer's experts within such reasonable time thereafter as shall be agreed upon between the Land Use Board (or its subcommittee) and the developer, for the purpose of reviewing:
1.
The traffic circulation plan;
2.
The stormwater management plan; and
3.
The environmental impact statement.
d.
Technical report submitted to Land Use Board. A subcommittee shall submit a report of its technical analysis to the full Land Use Board within 45 days of submission of complete application by the applicant. The review of the technical coordinating Committee shall be based upon the design standards set forth in this subsection and any other applicable recognized professional engineering standards.
e.
Land Use Board review. The Land Use Board shall schedule hearings on the application for general development plan approval at the time the application is deemed complete by the Board.
1.
The Land Use Board shall begin its review with an analysis of:
(a)
The land use element of the overall development plan; and
(b)
The open space element of the overall development plan.
2.
Upon receipt of the report of the technical coordinating Committee, the Land Use Board shall review the recommendations contained in the report in connection with:
(a)
The traffic circulation plan;
(b)
The stormwater management plan; and
(c)
The environmental impact statement.
3.
The Land Use Board shall expedite review of all general development plan application submitted pursuant to the provisions hereof, including but not limited to (a) giving priority to hearings on such applications over applicants not providing a component of Greenwich Township's fair share of low- and moderate-income housing and (b) holding special meetings, if it is reasonably feasible for the Land Use Board to do so and upon the request of the applicant, at the expense of the applicant.
f.
Action by the Land Use Board. The Land Use Board shall prior to approving any planned development as provided herein, find the following facts and make the following conclusions:
1.
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65c;
2.
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate to protect the public health and safety, to promote the general welfare and to accomplish the purposes for which the common open space was created.
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 or reasonably avoidable 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.
