Somers Point City Zoning Code
ARTICLE XXIII
Subdivision of Land 1
§ 114-153 Intent.
Subdivision review is provided for in the Municipal Land Use Law (N.J.S.A. 40:55D-37). Such review makes it possible for the Planning Board to ensure development which is consistent with this chapter and the Master Plan. It permits the Board to review developmental layout, street design, water drainage and sewerage adequacy, flood hazards and protection/conservation measures. It also makes possible provisions for off-tract improvements and, in the case of planned developments, promotes flexibility. In short, subdivision review establishes rules and standards for division of land within the City of Somers Point in order to promote health, safety, convenience and general welfare.
§ 114-154 Application for approval required.
§ 114-155 Submission of application and sketch plat.
An applicant for subdivision of land shall submit to the City Clerk four copies of an application for subdivision, the required application fee (See Article XXVII, § 114-201.) and three copies of a sketch plat containing the information outlined in § 114-161A(1), (2), (3), (4), (5), (6), (9) and (10) of this article two weeks prior to a regular meeting of the Planning Board.
§ 114-156 Classification of subdivision by Subdivision Committee.
The Subdivision Committee of the Planning Board shall review the plat prior to the regular meeting and shall classify the subdivision as a minor, exempt or major subdivision. Subdivisions failing to receive a unanimous vote as a minor or exempt shall be considered major.
§ 114-157 Approval of classification by Planning Board.
The Subdivision Committee shall report its recommendations and comments on each application to the Planning Board at its next regular meeting. The Board shall have the right to approve or change the classification by majority vote.
§ 114-158 Minor subdivision approval.
If classified as a minor subdivision, the Planning Board shall have the authority to approve immediately or to forward copies of the plat to city offices or consultants for review. Upon completion of that review and within 45 days of receipt of the completed application, the Board will approve, conditionally approve or reject the request. If approved, a notation to that effect shall be made upon the plat and shall be signed by the Planning Board Chairman and City Clerk and returned to the applicant. If rejected, the reasons shall be noted upon all copies of the application form, and one copy shall be returned to the applicant.
§ 114-159 Expiration of minor subdivision approval; extensions.
[Amended 2-11-1993 by Ord. No. 2-1993]
A.
Minor subdivision approval shall expire within 190 days of approval unless within the one-hundred-ninety-day period a plat or deed in conformity with such approval, prepared pursuant to the requirements set forth in N.J.S.A. 40:55D-47(d), or as same may hereafter be amended, is filed with the County Recording Officer.
B.
The approving board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed for a period determined by the board but not to exceed one year from what would otherwise be the expiration date, provided that the applicant applies for the same and meets the criteria as set forth in N.J.S.A. 40:55D-47(f) and (g) as applicable.
§ 114-160 Lands resulting from minor subdivision.
Any lands, lots or parcels resulting or remaining from minor subdivision may not be submitted as a minor subdivision for 24 months from the date of initial approval.
§ 114-161 Contents of minor subdivision application.
A.
The applicant shall submit 12 copies of a plat signed and sealed by a licensed land surveyor and based upon an accurate certified survey at a scale of one inch equals 50 feet. It shall include:
(1)
A key map showing the entire subdivision in relation to the surrounding area and roadway system.
(2)
All existing structures within the parcel to be subdivided and within 200 feet of said parcel.
(3)
The name and address of the owner and the name of all adjoining property owners as disclosed by the most recent municipal tax records.
(4)
The Tax Map sheet, block and lot numbers.
(5)
All existing and proposed streets and easements (including public utility easements) within or adjoining the proposed subdivision shall be clearly indicated.
(6)
The dimensions of all proposed lot lines of all new lots being created and parcels being retained; and any existing lot lines to be eliminated by the proposed subdivision shall be clearly indicated.
(7)
Location, size and direction of flow of all streams, brooks, lakes, watercourses, drainage structures and drainage ditches in the area to be subdivided and within 200 feet of the proposed subdivision.
(8)
North arrow, scale at which the plat is drawn and date of preparation.
(9)
Acreage of the entire tract and of new parcels being proposed.
(10)
The number of new lots being created.
(11)
The name and address of the owner, subdivider and person preparing the plat.
(12)
The classification of the zoning district or districts in which the proposed subdivision is located.
(13)
The location of any proposed open space or recreation areas.
B.
The submission shall be accompanied by a certification from the City Tax Collector that all taxes are paid to date.
§ 114-162 Classification as major subdivision.
§ 114-163 Submission of preliminary plat for major subdivision.
An applicant for preliminary major subdivision review and approval shall submit 10 copies of a preliminary plat, clearly drawn and accurately reproduced at a scale of one inch equals 50 feet, designed and drawn by a professional engineer or land surveyor, along with three copies of a completed application for preliminary approval and the appropriate fee (see Article XXVII, § 114-201) to the City Clerk at least two weeks prior to the regular Planning Board meeting. The City Clerk shall keep one copy and submit the others to the Secretary of the Planning Board.
§ 114-164 Required information on or accompanying preliminary plat.
A.
The preliminary plat shall show or be accompanied by the following information:
(2)
Proposed street pattern in the subdivided area; distance to the nearest existing developed area; relationship of the parcel to existing roadways.
(3)
Profiles and cross sections of proposed streets and of existing roadways abutting the subdivision. Cross sections shall show the type and width of paving, the location and type of curb, the location of sidewalks, existing or proposed sight triangles at intersections and radii of curblines.
(4)
Elevation contours on a one-hundred-foot grid referenced to United States Geologic datum.
(5)
Boundaries of floodplain and wetlands areas as shown on Flood Insurance Rate Maps and State Department of Environmental Protection CAFRA Maps.
(6)
Location and extent of drainage or conservation easements and stream encroachment lines.
(7)
Plans and computations for storm drainage.
(8)
Location of underground or surface utilities.
(9)
Soil borings as may be required by the Municipal Engineer.
(10)
List of off-tract improvements required for subdivision completion.
(11)
Sanitary sewer and water design and calculations.
(12)
The city has determined that an environmental impact statement (EIS) serves to assess the environmental and ecological impacts of specific land development proposals and alerts the reviewing board and the applicant to potential risks and dangers. Where an analysis of an EIS determines that a situation is presented where adverse environmental impacts are real, substantial and not correctable by the applicant, the reviewing board may rely on these impacts as a basis for the denial of an application. The data set forth within an EIS may be used by the reviewing board to require specific conditions relating to site design or improvements which shall be met by the applicant to alleviate or rectify problems before development approval is granted. An EIS shall accompany all applications for preliminary plan approval of a major subdivision or site plan application and shall provide the information needed to evaluate the effect of a proposed development upon the environment and shall include data distributed, reviewed and passed upon in accordance with the standards set forth below. Nothing herein contained shall eliminate the necessity to provide other information required under this chapter in the preparation of an EIS. An EIS shall be accompanied by or contain the following:
[Added 7-26-1990 by Ord. No. 10-1990]
(a)
Composite environmental constraints map at the same scale as the preliminary plat. The applicant shall present a plan indicating the following:
(b)
An environmental impact statement containing data reflecting:
[1]
A statement describing and explaining the impact and effect of proposed subdivision upon the ecological systems and environment of the city's land and waters, giving consideration to the applicable natural processes and social values of the following:
[a]
Geology.
[b]
Aquifers.
[c]
Hydrology.
[d]
Depth to seasonal high water table.
[e]
Flood hazard area.
[f]
Stormwater runoff.
[g]
Soils.
[h]
Potential soil loss.
[i]
Soil nutrient retention.
[j]
Vegetation.
[k]
Wetland vegetation.
[l]
Recreation value of vegetation.
[m]
Historic value.
[n]
Scenic features.
[o]
Wildlife, high value areas.
[p]
Wildlife, rare and beneficial species.
[q]
Water quality.
[r]
Air quality.
[2]
Specific plans proposed by the subdivider or developer to alter, preserve or enhance and mitigate or minimize adverse impacts on the natural resources and natural features of the land within the proposed subdivision.
(c)
Test boring, percolation rates, water levels and groundwater samples shall be submitted by a licensed engineer in accordance with the following standards.
(d)
Upon receipt of the application, the Administrative Officer shall forward the EIS to the Environmental Commission and the appropriate reviewing board engineer and Planner. The above-mentioned City Council and Engineer shall review the applicant's EIS and shall report its comments within 30 days of the date of submission to the reviewing board. The reviewing board or the Environmental Commission may require the opinion of the reviewing board engineer and Planner in its review of the EIS. Fees for the costs of such consultation above shall be paid by the applicant in accordance with § 114-187 of this chapter. Copies of the EIS will be on file and available for inspection in the Office of the Administrative Officer.
(e)
Approval or disapproval. Upon completion of all reviews and public hearing(s), the reviewing board shall either approve or disapprove the EIS as a part of its underlying function with respect to its review of the development. In reaching a decision, the reviewing board shall take into consideration the effect of the applicant's proposed development upon all aspects of the environment as outlined above, as well as the sufficiency of the applicant's proposals for dealing with any immediate or projected adverse environmental effects.
(f)
Notwithstanding the foregoing, the reviewing board may, at the request of the applicant, waive the requirement for an EIS if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.
(13)
Solid waste/recycling plan. A solid waste/recycling plan in accordance with N.J.S.A. 40:55D-28 shall be required for any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily housing and commercial or industrial development proposals for the utilization of 1,000 square feet or more of land. The solid waste/recycling plan shall address the following regarding:
[Added 7-26-1990 by Ord. No. 10-1990; amended 7-9-1992 by Ord. No. 20-1992]
(14)
Traffic impact report.
[Added 7-26-1990 by Ord. No. 10-1990; amended 7-9-1992 by Ord. No. 20-1992]
(a)
A traffic impact report shall accompany all applications for preliminary approval of all major subdivision applications. The traffic impact report shall include the following:
[1]
Information sufficient to demonstrate that satisfactory arrangements will be added to facilitate traffic movement on the roads adjoining the development and to assure proper circulation within the development. These arrangements may include provision for necessary signalization, channelization, standby turn lanes, added highway width, adequate warning signs and adequate storage area and distribution facilities within the development to prevent backup of vehicles on public streets.
[2]
Traffic volume developed from trip generating forecasts in accordance with standards contained in Trip Generation: An Informational Report, published by the Institute of Transportation Engineers, or other reliable reference sources.
[3]
Traffic accidents, including the number of accidents which occurred at or adjacent to the site within the last three years.
[4]
Geometrics of the roadway, including the configuration of any adjacent intersection and the adjacent roadway approaches.
[5]
Roadway conditions, including the physical condition of the roadways leading to the site.
[6]
Development potential of the surrounding area based upon a reasonable number of years into the future.
[7]
Improvements based upon road classifications.
[8]
Measures to correct existing road conditions.
[9]
Estimated pro rata contributions of funds for on- and off-tract improvements or rights-of-way.
(b)
Where applicable, the analysis should also include the impact of development of vacant land in adjacent municipalities where such development will impact on the circulation system affecting the proposed development site.
(c)
Notwithstanding the foregoing, the reviewing board may, at the request of the applicant, waive the requirement for a traffic impact report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible traffic impact. Portions of such requirement may likewise be waived upon finding that the complete report need not be prepared in order to evaluate adequately the traffic impact of a particular project.
(15)
Landscape plan.
[Added 7-26-1990 by Ord. No. 10-1990; amended 7-9-1992 by Ord. No. 20-1992]
(a)
A landscape plan prepared by a New Jersey licensed and certified landscape architect or New Jersey licensed architect shall be provided so preliminary approval of all major site plan applications shall be provided. Landscaping shall be integrated into building arrangement, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative and aesthetic manner.
(b)
Regulations.
[1]
Natural topography and vegetation. The applicant shall use natural topography and vegetation where possible. Large parking areas are not to be stripped of vegetation without requiring reseeding or replanting of all unpaved areas.
[2]
Saving of trees. Every attempt shall be made by the applicant to save existing trees, even at the loss of parking spaces. Clumps of trees should be saved over single trees. Care should be taken by the municipal agency to properly evaluate the site-clearing proposals, recognizing that wild trees often do not survive when their habitat is drastically altered. Where loss of trees is suggested, replacement should be required.
[3]
Slopes. Slopes in excess of 3:1 shall be avoided unless necessitated by unusual site limitations. All slopes shall be stabilized in a manner acceptable to the municipal agency engineer.
[4]
Parking areas in front of buildings. Parking lots located in front of buildings shall be landscaped to separate them from adjacent roadways.
[5]
Screen areas and buffers. Tall dense screens are required along nonpenetrable sidelines, rear property lines and where commercial or industrial parking areas abut residences or residential zones. Evergreens, such as, but not limited to, White pine, Austrian pine, Canadian hemlock, Servian spruce, Arborvitae, and upright yews may be used, provided that they meet specified height requirements.
[6]
Driveways. The areas adjacent to the driveways shall be planted with low plants or grass. Appropriate low plants include, but are not limited to, butterfly bush, Sargent juniper, inkberry, Japanese barberry or shrubby Cinquefoil.
[7]
Other required landscaped areas. Where a development plan indicates raised walkways between opposing rows of cars, areas at the end of bays or, where proposed or required by the municipal agency, specific planting islands are indicated, these areas shall be landscaped. Planting strips may be as narrow as five feet, with a width of 15 to 20 feet most desirable. All should be raised and protected by permanent concrete curbing.
[8]
The applicant shall landscape 5% to 10% of the parking areas provided.
(c)
Natural setting. In proposing a landscape plan, an applicant shall take care and the municipal agency, in reviewing, shall require that prevailing community standards be preserved. Recognizing that a major community asset lies in the preservation of the natural condition of property, all efforts in the area of landscaping shall be exercised to provide consistent landscaping proposals with existing foliage.
B.
The application and preliminary plan shall be accompanied by a letter of intent stating the following information: type of structures to be erected, nature of commercial use (if any), approximate date of construction start and estimated number of lots on which final approval will be requested.
§ 114-165 Preliminary major subdivision approval; time limits.
A.
Upon receipt of the plat and accompanying exhibits from the City Clerk, the Planning Board will distribute copies of the preliminary plat and attached exhibits to the City Engineer, City Planner, County Planning Board and any other official or agency who may be affected by the proposed subdivision.
B.
Officials and agencies cited in Subsection A above shall forward reviews and recommendations in writing to the Planning Board within 30 days of receipt. During the same time period the Subdivision Committee shall review the plat for completeness and shall notify the developer of its findings within 45 days. In reviewing the subdivision request, the Planning Board shall be guided by standards set forth within various zoning districts (See Articles IV to XIX.) and by the additional standards established in Article XXIV.
C.
After all comments have been received and after a public hearing pursuant to § 114-200 of Article XXVI of this chapter and if no substantial amendments have resulted from the review hearing, the Planning Board shall:
(1)
For subdivisions of 10 or fewer lots, grant or deny preliminary approval within 45 days of the date of submission of a completed application or within such further time as may be consented to by the developer.
(2)
For subdivisions of 10 or more lots, grant or deny preliminary approval within 95 days of the date of receipt of a completed application or within such further time as may be consented to by the developer.
D.
If the Planning Board requires any substantial amendment in the layout of the improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development.
E.
In the case of planned developments, the Planning Board shall find that the development conforms to the design, density, recreational and environmental standards established by ordinance for planned development districts.
F.
The disclosure requirements set out in the Municipal Land Use Law, P.L. 1977, c. 336 (1978), N.J.S.A. 40:55D-48.1, 55D-48.2 and 55D-48.3, shall be complied with.
§ 114-166 Effect of preliminary approval; expiration of approval.
A.
The general terms and conditions on which preliminary approval was granted shall not be changed, except that the municipality may, by ordinance, modify such general terms and conditions as relate to public health and safety.
B.
The applicant may submit 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.
C.
The applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods for 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.
D.
In the case of a subdivision of or a site plan for an area of 50 acres or more, the Planning Board may grant the above rights for such period of time longer than three years as shall be determined by the Planning Board, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
E.
If the Planning Board acts favorably upon a preliminary plat, the Chairman and Secretary of the Board shall affix their signatures to the plat with a notation that it has received preliminary approval and shall return same to the subdivider for compliance with final approval requirements. Where conditional approval is granted, the Chairman and the Secretary of the Board shall affix their signatures to the plat only where all conditions required for approval have been met.
§ 114-167 Submission of final plat for major subdivision.
An application for final approval shall be submitted to the Planning Board within three years from the date of preliminary Planning Board approval. The application, in triplicate, and the appropriate fee (See Article XXVII, § 114-201.) shall be accompanied by one original tracing, one translucent cloth copy and 10 black-and-white prints at a scale of one inch equals 50 feet and shall be submitted to the City Clerk at least two weeks prior to the regular meeting of the Planning Board.
§ 114-168 Data to accompany final plat.
A.
The final plat shall include all of the information requested in § 114-164 of this article and shall additionally incorporate all changes or modifications required by the Planning Board, including conditions of preliminary approval.
B.
The plat shall be accompanied by the following:
(1)
A letter from the applicant stating that no changes other than those noted on the plat have occurred.
(2)
A letter from the City Engineer indicating that the applicant has completed the installation of all improvements in accordance with the requirements of this chapter or posted with the City Clerk a performance guaranty in an amount sufficient to cover the cost of all improvements required as estimated by the applicant's engineer and approved by the City Engineer.
(3)
A letter from the Fire Department, signed by the Chief, stating that waterlines and fire hydrants are adequate for fire protection.
(4)
A letter from the City Tax Collector certifying that all taxes have been paid to date.
(5)
A letter from the City Clerk indicating the amount, form and content of the maintenance guaranty accepted by City Council and that fees estimated by the City Engineer required for construction inspection costs other than those relating to the building permit have been paid. (See Article XXVII, § 141-201.)
§ 114-169 Final major subdivision approval; time limit.
A.
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards subscribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that in the case of a planned unit development, planned unit residential development or residential cluster, the Planning Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of the preliminary approval without the developer being required to submit another application for development for preliminary approval.
B.
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant.
C.
If the Planning Board approves, a notation to that effect shall be made on each plat and signed by the Chairman and Secretary of the Planning Board.
D.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
§ 114-170 Expiration of approval upon failure to file.
Final approval of a major subdivision shall expire 95 days from the date of signing the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 90 days from the date of the signing of the plat.
§ 114-171 Effect of final approval.
Once a plat has been approved and filed within the prescribed time period, the terms and conditions of that approval shall not be changed for a period of two years from the date of approval. The Planning Board may extend the two-year limit for a period of one year. Such extensions shall not be granted more than three times.
§ 114-171.1 General development plan submission procedures.
[Added 12-8-2011 by Ord. No. 18-2011]
A.
Purpose and applicability.
(1)
The purpose of this section is to permit and encourage the submission of conceptual general development plans that present a comprehensive plan for a proposed recreational planned unit development (RPUD) in the Recreational Golf Course (RGC) District. The general development plan is intended to prompt an integrated approach to site planning that relates to the existing development patterns in the City within the RGC District. Nothing contained within this § 114-171.1 of Article XXIII shall be allowed or permitted to the extent it is inconsistent with the requirements and development standards set forth within Article XIIIA, Regional Planned Unit Development Option (RPUD).
(2)
A developer of a parcel or parcels of land totaling more than 100 acres in size in the RGC District for which the developer is seeking approval of an a RPUD must submit a general development plan to the Planning Board prior to the submission of preliminary subdivision or site plans to the Planning Board.
(3)
The general development plan shall set forth the proposed and permitted number of dwelling units and the residential density, and the amount of nonresidential floor space for the proposed development in its entirety according to a schedule which sets forth the timing of the various sections of the development, and the area to be permanently deed-restricted for golf course and recreational use.
(4)
The general development plan shall be designed to promote and encourage the conservation of natural features and the efficient use of resources in subdivision and site design while remaining responsive to market demands for residential and nonresidential development. To the extent possible, a general development plan should be designed to reduce infrastructure and service costs over the long term and to provide a pedestrian-friendly environment.
B.
Required submission items. The general development plan submission shall include the following:
(1)
A general land use plan indicating the tract area and general location of land uses to be included in the planned development at a scale not smaller than one inch equals 100 feet. The total number of proposed dwelling units and the amount of nonresidential floor area to be provided and the proposed land area to be devoted to residential and nonresidential uses shall be set forth in addition to the land that shall be permanently dedicated and deed-restricted to golf and/or recreational use.
(2)
The proposed types of golf and related nonresidential uses to be included in the RPUD shall be set forth and the land area to be occupied by each use shall be estimated, including the area to be devoted to parking and stormwater management for the proposed uses.
(3)
A circulation plan showing the general location and types of transportation facilities, including the relationship to public transportation and facilities for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development.
(4)
An open space plan showing the proposed land area and general location of the golf course and any other land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of the course and recreational lands. The open space plan should include a calculation of the total area that will be available for public or semipublic use.
(5)
A utility plan indicating the need for and showing the proposed location of sewer and water lines and information regarding the available capacity for utility facilities. Additionally, storm drainage facilities, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities shall be included.
(6)
A general stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site; stormwater calculations may be deferred to the preliminary subdivision or site plan application.
(7)
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.
(8)
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.
(9)
A housing plan outlining the number and type of housing units to be provided and the manner in which any affordable housing obligation will be fulfilled by the development.
(10)
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, gas/electric and solid waste disposal.
(11)
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 the school districts as a result of the completion of the planned development. The fiscal impact report shall also include a projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided.
(12)
A proposed timing schedule for the phasing of the project if it is anticipated that the development will be completed over a number 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.
(13)
A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the development and specifically with respect to affordable housing production and the permanent preservation of a full-size, eighteen-hole golf course.
C.
Required findings by the Planning Board. Prior to approval of a general development plan, the Planning Board shall make the following facts and conclusions:
(1)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards that may be specific to a planned development.
(2)
That proposals for maintenance and conservation of the common open space are reliable and that the amount, location and purpose of the common open space are adequate.
(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 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.
(6)
That the proposal is responsive to the natural features of the site and is designed in a manner that preserves valuable site characteristics identified in the environmental inventory.
(7)
That the proposal advances the principles of smart growth by providing opportunities for vehicular and pedestrian interconnectivity where feasible, by encouraging the efficient use of land, and by safeguarding the character of existing stable neighborhoods.
D.
Approval process and duration.
(1)
The Planning Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer.
(2)
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 approval shall not exceed 20 years from the day upon which the developer receives final approval of the first section of the planned development. In making its determination regarding the duration of the approval of the development plan, the Planning Board shall consider the following:
(a)
The number of dwelling units or amount of nonresidential floor area to be constructed.
(b)
Prevailing economic conditions.
(c)
The timing schedule to be followed and likelihood of its fulfillment.
(d)
The developer's capability of completing the development.
(e)
The contents of the general development plan and any conditions which the Planning Board attaches thereto.
(3)
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 market and economic conditions, anticipated actual needs for residential units and nonresidential space within the City and the region, and the availability and capacity of public facilities to accommodate the proposed development.
(4)
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 and approval of the Planning Board. The exceptions are listed below.
(a)
If a variation in land uses or increase in density or floor area ratio is proposed in response to a negative decision of, or a condition of development approval imposed by, the New Jersey Department of Environmental Protection, and there is a valid environmental reason for such decision, the variation 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 a determination by the Department of Environmental Protection.
(b)
Planning Board approval is not required if the developer seeks to reduce the number of residential dwellings or reduce the amount of nonresidential floor space by no more than 15% without otherwise violating the terms and conditions of the general development plan approval.
(5)
Completion, failure to apply and termination of approval.
(a)
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 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.
(b)
If a developer does not complete any section of the development within one year of the date provided for in the approved plan, or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the City shall notify the developer by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligation pursuant to the plan. The City thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such hearing, the City 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.
(c)
In the event that a development which is the subject of a general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development.