In accordance with a June 24, 2014 settlement agreement between Montgomery Township and the plaintiff Country Club Meadows, and based upon a June 11, 2014 Conceptual Development Plan, the zoning ordinance provisions in section 16-4.15 of this chapter have been created to govern the development of the Belle Mead Planned Unit Development ("BMPUD").

As permitted by the Municipal Land Use Law (MLUL) via its definition of a "Planned Unit Development," all the land comprising the "Belle Mead PUD" are zoned into and labeled as a single zoning district.

Additionally, given the fact that there are four sub-development areas, it is prudent for the Township Planning Board to formally approve the June 11, 2014 Conceptual Development Plan as a prerequisite to the approval of any site plan application for one of the sub-development areas.

At N.J.S.A. 40:55D-45.1, the MLUL provides a mechanism for the approval of a General Development Plan (GDP), which is defined as a "comprehensive plan for the development of a planned development." It should be noted and understood that most, if not all, of the information required for the approval of a GDP by the Planning Board for the Belle Mead PUD already has been prepared by Country Club Meadows as part of the settlement proceedings, and it is not the purpose or intent of the GDP approval to require an excessive amount of new material to be prepared. Instead, the applicant will more simply have to package the existing material for submission to the Board.

However, the approval of a GDP by the Planning Board for the Belle Mead PUD is important because it keeps the approval of the entire PUD under one umbrella and under the authority of the Planning Board and, therefore, will prevent the fragmentation of the four sub-development areas into separate land areas detached from the June 11, 2014 Conceptual Development Plan.

A general Land Use Plan based upon the June 11, 2014 Conceptual Development Plan at a scale of one inch equals 150 feet indicating the four BMPUD sub-development areas and the general locations of the land uses to be included in the PUD.

A general Circulation Plan based upon the June 11, 2014 Conceptual Development Plan showing the general location and types of transportation facilities for vehicles, pedestrians and bicyclists within the PUD and any proposed improvements to the existing circulation system outside the PUD;

A general Open Space Plan based upon the June 11, 2014 Conceptual Development Plan showing the proposed land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon;

A general Stormwater Management Plan based upon the June 11, 2014 Conceptual Development Plan setting forth the proposed method and feasibility of controlling and managing storm water within the PUD;

A general Housing Plan based upon the June 11, 2014 Conceptual Development Plan indicating the number of affordable housing units being provided and their conformance with COAH's Substantive Rules;

A general 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 PUD prior to the completion of the development in its entirety; and

A Municipal Development Agreement which shall be the executed June 24, 2014 settlement agreement between Montgomery Township and the plaintiff Country Club Meadows.

The developer of the Belle Mead Planned Unit Development (BMPUD) shall submit a GDP to the Planning Board prior to the granting of preliminary approval of any portion of the PUD.

The Planning Board shall grant or deny GDP approval within 95 days after submission of a complete application to the Township, 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 PUD.

The term of the effect of the GDP approval shall be determined by the Planning Board, but shall not in any case exceed 20 years from the date upon which the developer receives final approval of the first section of the PUD.

In making its determination regarding the duration of the effect of approval of the GDP, 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 PUD and the likelihood of its fulfillment; the developer's capability of completing the proposed PUD; and the contents of the GDP 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 municipality and the region, and the availability and capacity of public facilities to accommodate the proposed development.

Except as provided hereunder, once a GDP has been approved by the Planning Board, it may be amended or revised only upon application by the developer approved by the Planning Board.

However, without violating the terms of the approval, a developer may, in undertaking any section of the PUD, 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%; provided, however, that a developer may not reduce the number of the required affordable housing units without prior Township Planning Board approval.

Upon the completion of each section of the PUD as set forth in the approved GDP, the developer shall notify the Township Clerk, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan.

If a developer does not complete any section of the PUD 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/her 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/she is fulfilling the obligations pursuant to the approved PUD.

In the event that a developer who has GDP approval does not apply for preliminary approval for the PUD which is the subject of that GDP approval within five years of the date upon which the GDP was approved by the Planning Board, the municipality shall have cause to terminate the approval.