Oceanport City Zoning Code
ARTICLE XI
Development Application Review Procedures
§ 390-66 Purpose.
The purpose of this article is to provide procedures for the review and approval of applications for subdivisions, site plans, conditional uses, and general development plans in Oceanport Borough.
§ 390-67 Applicability of requirements.
A.
Subdivision review. All subdivisions, as defined under Article II of this chapter, are subject to the review procedures specified herein.
B.
Site plan review. All site plans, as defined under Article II of this chapter, are subject to the review procedures specified herein. No construction permit shall be issued for any new structure or for an addition to an existing structure and no certificate of occupancy shall be issued for any change of use of an existing structure until a site plan has been reviewed and approved by the appropriate Borough agency, except that:
(1)
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval or other approval provided all prevailing use and bulk standards are satisfied.
(2)
Any change of use from one permitted nonresidential use to another permitted nonresidential use shall not require site plan approval if both the Construction Official and the Zoning Officer stipulate to the Board that the existing site development meets the requirements of this chapter for the new use, including on-site parking requirements.
C.
Conditional use review. Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated by this chapter.
§ 390-68 Informal reviews.
A.
Applicability. Nothing in this section shall be considered mandatory, but the procedures provided for herein are recommended for the purpose of expediting the review process and reducing development costs.
B.
Preapplication conference.
(1)
Any developer may request to meet with the Development Review Committee through coordination with the administrative officer without the payment of any fees and without obligation.
(2)
A preapplication conference may be used to provide the developer with an overview of the substantive and procedural aspects of the development review process, to provide insight as to the acceptability of the proposed plan, and to offer suggestions for the improvement of said plan.
(3)
The developer may be required to submit a sketch plan of the proposed application.
(4)
For the purpose of the preapplication conference only, the sketch plan need not be drawn to scale nor be prepared by a licensed engineer, surveyor, architect, landscape architect, or planner but shall contain sufficient information from a Tax Map or other source to enable the Development Review Committee to determine the suitability of the proposal in relation to the standards of this chapter.
(5)
The preapplication conference is a good-faith meeting between the developer and the Development Review Committee. Nothing discussed at the conference shall be binding upon either party or upon the Planning Board.
C.
Concept plan review.
(1)
An applicant for site plan, subdivision or general development plan approval or an applicant having a particular question which cannot be resolved at a preapplication conference may request an informal concept plan review before the Planning Board.
(2)
Standards for the concept plan.
(a)
The concept plan shall contain sufficient detail to enable the reviewing officials to determine compliance with this chapter, including the area of all proposed lots and buildings and any dimensions necessary to determine zoning compliance.
(b)
Roadway and street widths shall be noted, but fully engineered plans for streets, drainage, and other utility or infrastructure systems shall not be required.
(c)
The required number of concept plans to be submitted by the applicant shall be determined by the administrative officer but in no case shall be less than five plans.
(3)
The applicant shall be required to submit application fees for an informal concept review before the Planning Board; however, the applicant shall only be required to post escrow fees for the review services of the Borough's professional consultants if such review is so requested by the applicant. At the conclusion of the concept review process, any unexpended escrow fees will be returned.
(4)
An applicant desiring to have a concept plan informally reviewed by the Planning Board shall so notify the Secretary of the Planning Board at least 14 days prior to the next regularly scheduled meeting of the Planning Board. The Secretary of the Planning Board shall thereafter notify the applicant of the time and place which has been scheduled by the Planning Board for the informal review. The informal presentation before the Planning Board will be scheduled at the conclusion of the meeting and will be allotted 15 minutes, if time permits.
(5)
Nothing in the concept review process shall be binding upon either the applicant or the Planning Board.
§ 390-69 Submission, classification, and completeness of formal applications.
A.
All formal applications for approval, including minor subdivisions and site plans, preliminary or final major subdivisions and site plans, general development plans, and conditional use plans, shall be submitted with forms provided by the administrative officer and as provided on the Borough website. The completed application forms shall be accompanied by all required plans, supporting documentation, application fees and escrow fees for professional review.
B.
Submission standards.
(1)
Plans and supporting documentation must contain all information herein required for the type of approval requested. Where there is a question as to classification of the plan, the applicant may seek advice from the administrative officer. Failure to provide all required information will result in the plan being declared incomplete.
(2)
Five copies of all plans and supporting documentation and five copies of the completed application forms shall be submitted by the applicant to the administrative officer, where the administrative officer or his or her representative shall date-stamp the plans upon receipt. This date shall be considered the official submission date.
C.
Upon receipt of an application, the Board Secretary shall submit the information to the Board Engineer, who will preliminarily screen the material and determine completeness relative to the details required by the appropriate development checklist in this chapter. The Board Engineer shall either determine the application to be incomplete or determine that the application is substantially complete and provide the determination to the administrative officer.
(1)
Should the Board Engineer determine that the application is incomplete, the reasons for such determination shall be specified in writing to the applicant, and an appropriately revised plan may thereafter be submitted to the administrative officer as in the first instance.
(2)
If the Board Engineer determines the application to be substantially complete, the administrative officer shall schedule the application for the next available regularly scheduled Planning Board meeting.
D.
The following certifications are required before an application is heard by the Planning Board:
(1)
All taxes due to the Borough on the property for which application is made shall be paid.
(2)
Sufficient monies are in the escrow account to cover the cost of professional reviews.
(3)
Where applicable, the applicant shall submit a certification at the time of the Planning Board meeting that the plan has been submitted for review by appropriate outside agencies, such as the New Jersey Department of Environmental Protection in the case of potential wetlands or stream encroachment, the Monmouth County Planning Board when the proposal has frontage on a county road, the New Jersey Department of Transportation when the proposal has frontage on a state highway, and any other agency as may be directed by the administrative officer. A final determination by these agencies shall not be required for action by the Planning Board, but any action taken shall be conditioned upon the approval of these agencies.
§ 390-70 Approval procedures for minor subdivisions and minor site plans.
A.
The developer must comply with the applicable requirements for notice of a public hearing.
B.
The Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete or within such further time as may be consented to by the developer.
C.
Minor subdivisions and minor site plans do not require preliminary approval and may be voted upon for final action by the Board. The Board may condition approval upon compliance with any reasonable condition not in violation with the terms of this chapter or other applicable local, state, or federal law.
D.
When a minor subdivision or minor site plan is approved by the Board, at least five prints of the final approved plat, plan or deed descriptions shall be submitted to the Board by the developer to be signed by the Chairman and Secretary of the Board. If the minor subdivision or minor site plan application is denied by the Board, the Secretary of the Board shall notify the developer of such denial and forward the developer a copy of the resolution, adopted in accordance with this chapter, setting forth the reasons for the denial.
E.
Effect of minor subdivision approval.
(1)
The approval of a minor subdivision shall expire 190 days from the date of approval unless, within such period, a plat conforming to all conditions of approval is filed in conformity with the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Borough Engineer, and the Borough Tax Assessor as required by N.J.S.A. 40:55D-1 et seq.
(2)
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided the approved minor subdivision shall have been duly recorded as provided in this subsection.
(3)
If the developer proves to the reasonable satisfaction of the Board that he or she was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other government entities and that he or she applied promptly for and diligently pursued the approvals, the Board either:
(a)
Shall grant an extension of the approval period not to exceed one year. The developer shall apply for this extension before:
[1]
What would otherwise be the expiration date; or
[2]
The 91st day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later; or
(b)
May extend the 190-day period for filing a minor subdivision plat or deed pursuant to Subsection C of this section. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
F.
Effect of minor site plan approval. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval. If the developer proves to the reasonable satisfaction of the Board that he or she was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other government entities and that he or she applied promptly for and diligently pursued the approvals, the Board shall grant an extension of the approval period not to exceed one year. A developer shall apply for this extension before: 1) what would otherwise be the expiration date, or 2) the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.
G.
Exceptions in application of requirements.
(1)
The rules, regulations and standards set forth in this section shall be considered the minimum requirements for the protection of the public health, safety, and welfare of the citizens of the Borough. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of this section is impracticable or will exact undue hardship, the Planning Board may permit such exemption(s) and waiver(s) as may be reasonable within the general purpose and intent of the rules, regulations and standards established by this section.
(2)
Exceptions after approvals:
(a)
A building permit or certificate of occupancy may be issued if all improvements have been installed or completed except the finish course of the road and the Borough Engineer warrants that completion of the road is in the Borough's interest after the subdivider has completed construction of dwellings and structures. The maintenance guarantee required shall not begin until the finish course has been installed.
(b)
The Planning Board may confirm with the Construction Official that the issuance of a temporary certificate of occupancy is permitted if the following improvements have been bonded but not yet installed: landscaping, sidewalks, other similar improvements.
§ 390-71 Approval procedures for preliminary major subdivisions and site plans.
A.
The developer must comply with the applicable requirements for notice of a public hearing.
B.
The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the developer; provided, however, that the Planning Board shall take action on a preliminary major site plan or subdivision application which includes a request for relief pursuant to N.J.S.A. 40:55D-60 within 120 days after the application has been certified complete or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the prescribed time period shall constitute approval of the application.
C.
The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwelling units and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the developer; provided, however, that the Planning Board shall take action on a preliminary major site plan or subdivision application which includes a request for relief pursuant to N.J.S.A. 40:55D-60 within 120 days after the application has been certified complete or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the prescribed time period shall constitute approval of the application.
D.
The Planning Board shall take action on a preliminary major site plan or subdivision application which includes a request for relief pursuant to N.J.S.A. 40:55D-70d within 120 days after the application has been certified complete or within such further time as may be consented to by the developer. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. Failure of the Planning Board to act within the prescribed time period shall constitute approval of the application.
E.
The Board may condition preliminary major subdivision or site plan approval upon compliance with any reasonable condition not in violation with the terms of this chapter or other applicable local, state, or federal law.
F.
When a preliminary major subdivision or site plan is approved by the Board, at least 12 prints of the plat or plan shall be submitted to the Board by the developer to be signed by the Chairman and Secretary of the Board and the Borough Engineer. If the preliminary major subdivision or site plan application is denied by the Board, the Secretary of the Board shall notify the developer of such denial and forward the developer a copy of the resolution, adopted in accordance with this chapter, setting forth the reasons for the denial.
G.
Effect of preliminary major subdivision or site plan approval.
(1)
The preliminary approval of a subdivision or site plan shall, except as provided in Subsection D of this section, confer the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
(a)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
(b)
That the developer may submit an application for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and
(c)
That the developer may apply for, and the Planning Board may grant, an extension of the preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(2)
In the case of a subdivision of, or site plan for, an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection G(1)(a), (b) and (c) of this section for a reasonable period of greater than three years, but not more than seven years. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of the preliminary approval for not more than three additional one-year periods, provided that if the design standards have been revised by ordinance, such revised standards may govern. The granting of this extended approval period shall be based upon the Planning Board's consideration of such factors as:
(a)
The total number of dwelling units and/or square footage of nonresidential floor area proposed;
(b)
Economic conditions; and
(c)
The comprehensiveness of the development.
(3)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection G(1) or (2) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that he or she was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before 1) what would otherwise be the expiration date of preliminary approval, or 2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
H.
Concurrent preliminary and final subdivision and site plan approval.
(1)
The Planning Board may, as its discretion, approve a request from a developer to concurrently consider preliminary and final subdivision and/or site plan approval, provided that:
(a)
The application does not involve the construction of a new street.
(b)
The application involves the creation of 10 or fewer lots.
(c)
The total square footage of nonresidential construction involves less than 25,000 square feet of floor area and less than 30,000 square feet of impervious surface.
(2)
The approval procedures for final approval shall be followed by the Planning Board as noted in § 390-72 below.
§ 390-72 Approval procedures for final major subdivisions and site plans.
A.
The Planning Board shall take action on a final major site plan or subdivision application within 45 days after the application has been certified complete or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the prescribed time period shall constitute approval of the application.
B.
The Planning Board may condition approval upon compliance with any reasonable condition not in violation with the terms of this chapter or other applicable local, state, or federal law.
C.
All final plans shall be revised to incorporate any conditions of approval, and, when all such conditions have been met, 12 copies of the revised final plat shall be submitted to the administrative officer to be signed by the Chairman and Secretary of the Planning Board.
D.
Final approval of a major subdivision shall expire 95 days from the date of signing of the plats unless, within such period, the plat shall have been filed by the developer with the County Recording Officer, in conformity with the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. The Planning Board may, for good cause, extend the time period for filing for an additional 190 days from the date of signing of the plats. The Planning Board may extend the ninety-five-day or 190-day period if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
E.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights granted to the developer pursuant to the preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that the developer has duly recorded the major subdivision plat as provided for in N.J.S.A. 40:55D-54.
(2)
If the developer has duly recorded the major subdivision plat as provided for in N.J.S.A. 40:55D-54, the Planning Board may grant an extension of the final approval for not more than three additional one-year periods.
(3)
Notwithstanding any other provisions of N.J.S.A. 40:55D-1 et seq., the granting of final approval terminates the time period of preliminary approval for the section(s) granted final approval.
(4)
In the case of a subdivision or site plan for a planned development of 50 acres or more, a conventional subdivision or site plan for 150 acres or more, or site plan for development of nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection E(1) and (2) of this section for a reasonable period of greater than two years, but not more than seven years. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:
(a)
The total number of dwelling units and/or square footage of nonresidential floor area which is proposed;
(b)
Economic conditions; and
(c)
The comprehensiveness of the development.
(5)
Whenever the Planning Board grants an extension of final approval pursuant to Subsection E(1), (2) or (4) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(6)
The Planning Board shall grant an extension of final approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that he or she was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that he or she applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before a) what would otherwise be the expiration date of preliminary approval or b) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
(7)
All final approvals are conditioned upon submission of required bonds or other surety of a form satisfactory to the Borough, as prescribed in § 390-81. If required street, utility, and similar improvements are not constructed, the Borough may call said bond or surety and use its proceeds to construct said improvements at the applicant's expense.
§ 390-73 Approval procedures for conditional uses.
A.
The Planning Board may condition conditional use approval upon compliance with any reasonable conditions not in violation with the terms of this chapter or other applicable local, state, or federal laws.
B.
The Planning Board shall take action on an application for a conditional use within 95 days of submission of a complete application or within such further time as may be consented to by the developer.
(1)
This time period shall be concurrent with the review of a site plan application.
(2)
An approval shall be conditioned upon receipt of a favorable recommendation from the County Planning Board or other appropriate agency.
C.
The Planning Board shall take action on a conditional use approval application which includes a request for relief pursuant to N.J.S.A. 40:55D-70d within 120 days after the application has been certified complete or within such further time as may be consented to by the developer. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. Failure of the Planning Board to act within the prescribed time period shall constitute approval of the application.
§ 390-74 Findings for planned developments.
No planned development (including planned unit developments, residential clusters, planned commercial developments, or planned industrial developments) shall be authorized unless the Planning Board first makes all of the following determinations:
A.
That the plan fully complies with the requirements of this chapter and the departures by the proposed planned development from the zoning regulations otherwise applicable to the subject property conform to those standards in this chapter applicable to the permitted planned development;
B.
That the proposals for maintenance and conservation of common open space are reliable, and that the amount, location, and purpose of the common open space are adequate;
C.
That the 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;
D.
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established; and
E.
That, in the case of a proposed planned development which contemplates construction over a period of years, 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.
§ 390-75 Required documentation for general development plans.
A.
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.
B.
Every developer for approval of a PUD general development plan shall submit the following documentation for review by the Borough:
(1)
Each report shall be prepared by appropriate professional experts, licensed by the State of New Jersey when applicable. Reports shall be of sufficient detail to allow for reasonable review by the Borough's own experts, at the applicant's expense.
(a)
A report analyzing the impact of traffic generated by the proposed PUD on nearby roadways.
(b)
A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site.
(c)
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.
(d)
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.
(e)
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 (N.J.S.A. 52:27D-301 et seq.) will be fulfilled by the development.
(f)
A local service plan indicating those public services which the developer proposes to provide, which may include, but not be limited to, water, sewer, cable, and solid waste disposal.
(g)
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 Borough 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, Borough and school district according to the projected development schedule as required below, and following the completion of the planned development in its entirety.
(2)
The PUD general development plan shall include the following information:
(a)
A schematic land use plan containing sufficient information to allow a determination that the plan is capable of satisfying the requirements of this chapter. The plan shall include:
[1]
A hierarchical circulation system, but may be exclusive of local streets. Guidelines for bicycle and pedestrian circulation should also be provided.
[2]
Generalized land use by section. This plan need not contain detailed development design but shall include the area of each section, its intended use, and the maximum number of residential dwelling units or nonresidential square feet which are anticipated.
[3]
A system of open space, recreational amenities, and necessary community facilities shall be noted.
(b)
A description or schematic plan of utility service by which it can be determined that adequate capacity exists for distribution, collection, and/or treatment of water, sanitary waste, solid waste, electric, gas, and telephone service. No PUD general development plan shall be approved without all principal buildings being served by public sewer and water service.
(c)
An estimate of the cost of completing required public and common services, including recreational amenities, circulation system improvements, utility lines, community facilities, and such other improvements as may be deemed necessary. This estimate shall include the cost of all on-site improvements and a fair share of all required off-site improvements.
(d)
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.
(e)
A municipal development agreement, which shall mean a written agreement between the Borough and a developer relating to the planned development.
(f)
A detailed plan explaining how common areas are to be owned, managed, maintained, and administered. The submission shall include the proposed bylaws of any homeowners', community, or condominium association to be established.
§ 390-76 Approval procedures for general development plans.
A.
The Planning Board shall first make the appropriate findings as noted in § 390-74.
B.
General development plan approval of a PUD must be granted by the Planning Board prior to the Planning Board taking action on preliminary approval on any section. Each PUD shall be developed in accordance with a general development plan approved by the Planning Board, notwithstanding any provision of N.J.S.A. 40:55D-1 et seq. or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.
C.
The Planning Board shall take action on the general development plan application within 95 days after the submission of a complete application or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the period prescribed shall constitute general development plan approval of the planned development.
D.
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth below, 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:
(1)
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.
(2)
The approval may be extended by the Planning Board for good cause for additional two-year periods, but the Planning Board shall have the right to include with each extension a requirement that the PUD comply with such additional conditions as the Planning Board may deem appropriate and in the public interest. In no case shall the term of the effect of the approval and any extensions exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development.
E.
The developer shall, to the satisfaction of the Borough, construct required improvements or post sufficient bond, notes, or letters of credit to insure that, in the event that the PUD is not fully developed prior to the expiration of the general development plan, adequate recreational, circulation, utility, and community facilities shall be provided to the residents and occupants of those portions of the development which are completed.
F.
Approval of the PUD general development plan does not relieve the developer of the necessity to apply for preliminary and final site plan or subdivision approval for each and every section of the development and to fully comply with the requirements of this chapter.
G.
Any guarantees or rights granted pursuant to approval of a subdivision or site plan for a specific section shall run independently of the term of the general development plan approval.
(1)
In the event that a general development plan approval expires prior to the expiration of rights granted pursuant to a subdivision or site plan for a specific section, the rights granted to that section shall remain in effect for the period guaranteed by N.J.S.A. 40:55D-1 et seq.
(2)
Upon the expiration of general development plan approval, the conditional approval of the PUD shall be deemed to have expired, and the land shall be regulated by the zoning regulations of the underlying district.
H.
The Planning Board may condition approval upon compliance with any reasonable condition not in violation of the terms of this chapter or other applicable local, state, or federal laws.
I.
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 Borough and the region, and the availability and capacity of public facilities to accommodate the proposed development.
J.
Except as provided hereunder, 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.
(1)
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 imposed by, the Department of Environmental Protection and Energy pursuant to P.L. 1973, c. 185 (N.J.S.A. 13:19-1 et seq.) 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 and Energy.
K.
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.
(1)
A developer, without violating the terms of the approval pursuant to N.J.S.A. 40:55D-1 et seq., may, in undertaking any section of the planned development, reduce the number of residential units or amount 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 residential units to be provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.) without prior Borough approval.
L.
Upon the 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 purpose 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 P.L. 1975, c. 217 (N.J.S.A. 52-27D-133). If the Borough does not receive such notification at the completion of any section of the development, the Borough shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are in compliance with the approval.
(1)
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 Borough has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Borough 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 Borough thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such hearing, the Borough 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.
(2)
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 approval within five years of the date upon which the general development plan has been approved by the Planning Board, the Borough shall have cause to terminate the approval.
M.
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.
§ 390-77 Compliance and time limitations for certain approvals.
A.
Compliance. All applicable requirements shall be met at the first time of erection, enlargement, alterations, moving or change in use of a structure and shall apply to the entire structure or structures, whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.
B.
Time limit on variances.
(1)
Applicable time limit. Any variance granted by the Planning Board or the Planning Board pursuant to N.J.S.A. 40:55D-70c or d shall expire and become null and void two years from the date such variance is granted unless, within said period, the applicant obtains a building permit or otherwise avails himself of the said approval; provided, however, that in the event that such variance is approved in conjunction with a major subdivision or site plan approval, then such variance shall not expire and become null and void until three years after the preliminary approval for such site plan and/or subdivision is granted and any approved extensions thereof, or if final approval is granted for such development, two years from the date of the final approval and any approved extensions thereof.
(2)
Varying time periods. Nothing contained herein shall be construed as preventing the applicable municipal agency from specifying a shorter or longer period of time than noted in Subsection B(1) above pursuant to approvals granted to variance applications under N.J.S.A. 40:55D-70c or d that are not in conjunction with a major subdivision or site plan approval.
C.
Commencement of time periods. For the purpose of calculating the times provided for in this section, such time periods shall commence on the date the municipal agency memorializes its approval by written resolution.
