Montgomery City Zoning Code
§ 16-8.6
Optional Submission of Concept Test Plans for Planned Residential Developments.
a.
Applicability. In order to provide flexibility in the review process of large planned residential developments within the Township, an optional pre-preliminary submission review process, to be known as "concept test plan review," shall be established for planned residential developments where, pursuant to the requirements of Subsection 16-6.5, such planned residential developments may be located. An applicant proposing a planned residential development is not required to submit to the concept test plan review process, but may, instead, immediately make application, and follow the required procedures for preliminary submissions as set forth in Subsection 16-8.4. The concept test plan review option shall not be available to applicants seeking any type of variance pursuant to N.J.S.A. 40:55D-70d.
b.
Details Required for Concept Test Plan Review. All details specified in Subsection 16-8.4b, subparagraphs 1 through 11 for preliminary submissions shall be required for all planned residential development concept test plan review submissions under this subsection. Additionally, the following information and mapping shall be submitted:
1.
A land use plan shall be submitted, indicating the entire tract area and the specific land areas to be devoted to the specific land uses in accordance with the applicable Land Development Ordinance requirements, including both maps and descriptive text.
(a)
Residential land areas shall be documented as to acreage, specific density, the type of residential dwelling units proposed, and the number of units to be set aside for Mt. Laurel II households. The accompanying mapping shall include footprints of all proposed buildings with typical dimensions, the location of parking areas and number of parking spaces, typical distances between buildings and from tract boundary lines and adjacent land areas devoted to a different type of land use, and general calculations of impervious surface coverage, disaggregating building coverage from parking/driveway/street coverage.
(b)
If the development of permitted commercial uses is proposed, the intended location of such uses shall be indicated with a description of the intended percentage of floor area to be devoted to the various specific commercial uses permitted in planned residential developments. The accompanying mapping shall include footprints of all proposed buildings with typical dimensions, the location of parking areas and number of parking spaces, typical distances between buildings and from tract boundary lines and adjacent land areas devoted to a different type of land use, and general calculations of impervious surface coverage, separating building coverage and parking/driveway/street coverage.
2.
An open space and recreational plan shall be submitted, indicating the areas to be devoted to open space, conservation, and recreational purposes. The area shall be mapped in conjunction with the residential and commercial areas noted hereinabove. Documentation shall accompany the open space and recreational plan showing that the requirements of Subsection 16-6.5d regarding open space have been satisfied.
3.
A traffic circulation plan shall be submitted, indicating all existing and proposed collector streets, typical road cross-sections and critical elevations and grades. The plan shall indicate how the overall road network relates to the terrain, the overall design of the planned residential development, plans of the New Jersey Department of Transportation and Somerset County, if any, and the road network of Montgomery Township and neighboring municipalities.
4.
A utility plan shall be submitted, indicating existing and proposed collector and trunk sewer and water lines, pump stations, wells and sewage treatment plants and tract connections to electric, gas and telephone facilities.
5.
A drainage plan shall be submitted, indicating the proposed method of controlling and draining water on and from the site and including sufficient supportive calculations as required by the Township Engineer in order to ascertain the adequacy of the drainage plan. Additionally, a conceptual description of the intended soil erosion and sediment control plan required by Subsection 16-8.4 at the time of preliminary review shall be submitted.
7.
A staging plan shall be submitted where the planned residential development is intended to be developed over a number of years, indicating the areas to be developed over a number of years, indicating the areas to be developed in each stage and the priority of each stage. The eventual development of each stage shall be specifically related to the land use plan, traffic circulation plan, drainage plan and utility plan to ensure that the staging plan is a workable one and that a reasonable balance of the different components of the proposed development are maintained in each stage. The submitted staging plan shall specifically address the provision of the 'low' and 'moderate' income housing units required by this chapter.
c.
Review and Action by the Township.
1.
Applications for concept test review shall be submitted to the Administrative Officer at least 14 days prior to the second Monday of the month. A total of 28 copies of the application shall be submitted, together with the fee required by section 16-9 and 22 copies of any protective covenants or deed restrictions applying to the land being developed. The applicant shall sign an acknowledgement stating that the applicant is familiar with the procedure herein set forth for concept test review and agrees to be bound by it. The Administrative Officer shall process the application and shall assign it an application number which number shall appear on all papers, maps, plots or plans and other documents submitted for processing in conjunction with the application. The Planning Board and its professional advisors and a specially designated Review Committee that shall meet no less than two times per calendar month shall review the concept test plan application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:
(a)
If said application is found to contain all of the information required by Subsection 16-8.6b of this chapter, said Board shall certify that said application is complete.
(b)
If said application is found to lack some of the information required by Subsection 16-8.6b of this chapter, said Board shall either:
(1)
Cause the applicant to be notified, in writing, that said application is incomplete specifying the deficiencies in the application; or
(2)
If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection 16-8.6b and said request shall be granted or denied by the Board within 45 days.
(d)
In the event the Board fails to act pursuant to Subsections 16-8.6c1(b)(1), or 16-8.6c1(b)(2) hereinabove within 45 days of the date of submission of the application, said application shall be deemed incomplete as of the 46th day following its submission.
2.
On the day the aforesaid application is certified complete, or on the 46th day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this subsection, and/or may require revisions in the application documents; as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.
3.
Promptly after certification of completeness, the concept test plan application documents shall be distributed by the Administrative Officer in the same manner as set forth in Subsection 16-8.4d3 of this chapter.
4.
The Planning Board shall take action on the concept test plan applications within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the concept test plan application; provided that any concept test plan application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-70C and Subsection 16-8.1a2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
5.
Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to mitigate the adverse effect(s) prior to further review or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect.
6.
The Board shall find the following facts and conclusions prior to granting concept test plan approval:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in section 16-6 of this chapter pursuant to N.J.S.A. 40:55D-65C;
(b)
That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are reliable, and the amount, location, and purpose of the common open space are adequate;
(c)
That provision 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 visual enjoyment are adequate;
(d)
That the proposed planned development 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 residents, occupants and owners of the proposed development in the total completion of the development are adequate.
7.
All hearings held on application for concept test plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (See Subsection 16-7.6d.).
d.
Effect of Concept Test Plan Approval. Approval of a concept test plan by the Planning Board shall not bind either the Planning Board or applicant to any specific aspects of the concept test plan; however, approval of a concept test plan shall mean the following:
1.
That the concept test plan shall not be substantially changed unless agreed to between the applicant and the Township. In this regard, it is recognized and anticipated that modifications and refinements shall be made to the concept test plan as formal preliminary and/or final plans are submitted and approved from time to time for the various stages of the planned residential development.
2.
No portion of any lands having received concept test plan approval shall be conveyed separately from the entire lands having received concept approval until said portion has received formal preliminary site plan approval.
3.
That formal preliminary and/or final applications, in accordance with the requirements of this chapter, may be submitted by the applicant for review and approval, either for the entire planned residential development or for a stage or stages thereof. All such formal preliminary and/or final submissions shall be accompanied by a revised concept test plan which shall contain all information, details and documentation which have been generated and approved prior to the submission date.