West Amwell Township
City Zoning Code
City Zoning Code
PART 7
Procedures
§ 109-213 Purpose.
[Amended 12-27-2023 by Ord. No. 13-2023]
The purpose of this article is to establish the procedure for Planning Board review and action on applications for subdivisions and/or site plans. The procedure is intended to provide orderly and expeditious processing of such applications.
§ 109-214 Approval agency.
B.
Whenever the Board of Adjustment is reviewing an application for a use variance, it shall have the power to grant site plan or subdivision approval to the same extent and subject to the same restrictions as the Planning Board. Whenever the term "Planning Board" is used in connection with site plan or subdivision approval in this chapter, it is understood to mean Board of Adjustment when subdivision or site plan approval is being requested as part of an application for a use variance.[2]
[2]
Editor's Note: Ordinance No. 13-2023, adopted 12-27-2023, provided for vesting in the Planning Board all of the powers of the Zoning Board of Adjustment.
C.
The Planning Board shall have the power to review and approve or deny site plans or conditional uses simultaneously with review for subdivision approval without the applicant being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, site plan or conditional use approval, shall apply. Whenever approval of a conditional use is requested by the applicant pursuant to this subsection, notice of the hearing shall include reference to the request for such conditional use.
D.
Application of requirements. No development shall take place within the Township, nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, or accessways thereto be constructed, installed or enlarged, nor shall any building permit, certificate of occupancy or other required permit be issued with respect to any such structure, land or parking area, except in accordance with an approval of such development granted pursuant to § 109-214 hereof, unless exempted in accordance with § 109-214E.
[Added 4-27-2011 by Ord. No. 7-2011]
E.
Exemptions from site plan review and approval. Site plan approval shall not be required for any of the following:
[Added 4-27-2011 by Ord. No. 7-2011]
(1)
Detached single-family dwellings, including accessory uses permitted as of right under applicable zoning districts, but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by Township ordinances.
(2)
Construction of a parking area for three vehicles or fewer. Construction or expansion of parking areas which will accommodate more than three vehicles will require site plan review.
(3)
Any structure or use for which a site plan review application was made to the Planning Board prior to the effective date of § 109-214 hereof under municipal ordinances and regulations then in effect and superseded by § 109-214 hereof and that is developed in accordance with an approval of such application heretofore given by the Planning Board pursuant to said prior ordinances and regulations, provided that such approval is less than two years old.
(4)
A proposed development not involving a change in use and not affecting existing circulation, drainage, building arrangements, landscaping, buffering, lighting and other considerations of site plan review.
F.
Waiver of site plan review requirements.
[Added 4-27-2011 by Ord. No. 7-2011]
(1)
The site plan rules, regulations and standards set forth in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to the applicant’s land, the literal enforcement of § 109-214 hereof 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 § 109-214 hereof.
(2)
The Planning Board may also waive the requirements of § 109-214 hereof if the proposed development:
§ 109-215 Informal review.
[Amended by Ord. No. 94-05; 12-27-2023 by Ord. No. 13-2023]
For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the developer may request an informal review in accordance with the following requirements:
A.
At the request of the applicant, the Planning Board shall authorize an informal review. The purpose of this review is to:
(1)
Acquaint the applicant with the substantive and procedural requirements of the subdivision and site plan ordinance;
(2)
Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, zoning ordinance and other development requirements;
(3)
Advise the applicant of any public sources of information that may aid the application;
(4)
Otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development;
(5)
Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences;
(6)
Permit input into the general design of the project.
B.
The review allows the applicant to meet with appropriate municipal representatives. These individuals, who shall be designated by the Planning Board, may include:
(1)
Representative(s) from the Planning Board;
(2)
Township Engineer;
(3)
Planning consultant;
(4)
Representatives from the Environmental Commission, and other commissions, as deemed appropriate;
(5)
Citizen Advisory Committee members;
(6)
Any other municipal representative(s) invited by the Planning Board Chairperson.
C.
The applicant shall not be bound by the determination of the preapplication conference, nor shall the Planning Board be bound by any such review.
§ 109-216 Application.
A.
Assignment.
(1)
The applicant shall have the option of seeking the direction of the administrative officer of the Planning Board, or other designated person, as to which approvals are required and the appropriate board for hearing same, or of filing an application and proceeding before the board which the applicant believes to be appropriate. The designated person's determination shall be presumed to be correct. The following applications may be filed:
(2)
Note: Certain applications may involve a combination of actions.
B.
Content. An application for development shall include the items specified in the appropriate checklists which are a part of this chapter and which constitute items required to be submitted for subdivision or site plan review. A copy of the appropriate checklist shall be completed by the applicant, and submitted with the application form.
C.
Filing procedure.
[Amended by Ord. No. 93-11; Ord. No. 94-05; Ord. No. 98-11]
(1)
At the time of filing the application, but in no event less than 10 days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the board.
(2)
In addition, applicants before the Planning Board shall comply with the appropriate checklist as set forth below.
(3)
In order to determine completeness of an application, there are hereby adopted the following checklists[1] which are made a part of this chapter and are on file in the Township Clerk's office:
[Amended 12-30-2009 by Ord. No. 33-2009]
(a)
Checklist No. 1, Development Review Checklist, made a part of this chapter as 109 Attachment 9.
(b)
Checklist No. 2, for the determination of completeness for general development planning approval, made a part of this chapter as 109 Attachments 10, 11 and 12.
(c)
Checklist No. 3, Escrow Agreement, made a part of this chapter as 109 Attachment 15.
(d)
Checklist No. 4, Memorandum of Understanding, made a part of this chapter as 109 Attachment 16.
[1]
Editor's Note: Checklist Nos. 1 through 4 are included at the end of this chapter.
(4)
The applicant shall obtain all necessary forms, including the applicable checklist as set forth in the above section, from the Secretary of the Planning Board. The Secretary of the Planning Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
D.
Complete application.
[Amended 9-2-2004 by Ord. No. 15-2004; 12-27-2023 by Ord. No. 13-2023]
(1)
An application for development shall be complete for the purposes of commencing the appropriate time period for action by a board. The administrative officer shall make the determination that an application is deemed complete or incomplete. For the purposes of this section the administrative officer shall be the Planning Board Engineer for any application involving a site plan, subdivision or conditional use permit. A written determination shall be made within 45 days of the date an application is submitted. Failure to provide such a determination within 45 days shall result in the application being automatically deemed complete, pursuant to N.J.S.A. 40:55D-10.3 of the Municipal Land Use Law.
(2)
When an application is determined by the administrative officer to be incomplete, a written determination shall be forwarded to the applicant. Upon a resubmittal by an applicant, a new forty-five-day review period shall commence. An applicant may also seek a waiver of one or more of the submittal requirements. Only the Planning Board can grant waivers. A request for waiver of submittal requirements must be submitted in writing and must state clearly the reason and justification for each waiver sought.
§ 109-217 Submission requirements.
Submission requirements for minor subdivision approval are given in Checklist Number 1.[1]
[1]
Editor's Note: Checklist Nos. 1 through 4 are included at the end of this chapter.
§ 109-218 Completeness review.
The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission, according to the provisions of Part 3 of this chapter.
§ 109-219 County Planning Board approval.
Where County Planning Board approval is required, the application shall be forwarded to that Board for its report and recommendation. No further action shall be taken thereon until receipt of the report of the County Planning Board.
§ 109-220 Planning Board action.
The action of the Planning Board under this chapter must be taken within 45 days, or 120 days if a variance pursuant to Subsection b of N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70 is involved, of a complete application as defined in this chapter or within such further time as is agreed to by the applicant and the Board.
§ 109-221 Resolution on Board action.
A resolution on the Board's action, reciting the reasons for approval or disapproval, shall be prepared. Failure of the Board to act within the period prescribed shall constitute minor subdivision or site plan approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and, in the case of minor subdivision, shall be so accepted by the county recording officer for purposes of filing subdivision plats or deeds.
§ 109-222 Final approval.
Approval of a minor subdivision shall be deemed final approval, and as such shall be prepared in accordance with final site plan or subdivision plat requirements. Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and 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 Municipal Engineer and the Municipal Tax Assessor as specified by N.J.S.A. 40:55D-1 et seq. Any such plat or deed accepted for such filing shall have been signed by the Chairperson and Secretary of the Planning Board.
§ 109-223 Filing of copies; distribution.
A Mylar copy of the recorded plat or a copy of the recorded deed and six paper copies, shall be filed with the secretary of the appropriate board. The secretary shall distribute copies of the plat or deed to the following:
§ 109-224 Effect of approval.
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.
§ 109-225 Preliminary approval.
[Amended by Ord. No. 94-05]
A.
Any plat or plan submitted less than the required time prior to a regular meeting shall not be considered until the next regular meeting of the Board following the filing date.
B.
Upon receipt of a preliminary plat or plan, the Secretary of the Board shall distribute copies of the preliminary plat or plan as follows, retaining one copy for the Planning Board files:
[Amended 12-27-2023 by Ord. No. 13-2023]
(1)
Board members: one copy each.
(2)
Township Clerk: one copy.
(3)
Board Attorney: one copy.
(4)
Board Engineer: one copy.
(5)
Planning consultant: one copy.
(6)
County Planning Board: three copies and one copy of the completed application form.
(7)
Board of Health: one copy.
(8)
Environmental Commission: one copy.
(9)
New Jersey Department of Environmental Protection: two copies and two copies of the completed application form.
C.
The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Part 3 of this chapter.
D.
The Board, at the next regular meeting subsequent to the receipt of all reports requested by the Board from the Citizens' Advisory Committee, and other advisory commissions, or required from the Township's professional consultants, or any other agencies or boards, shall set the date and place for the public hearing thereon and shall inform the applicant of this. Notice of such hearing shall be given, minutes of such hearing kept, and such hearing shall be conducted pursuant to the requirements of Part 3 of this chapter.
E.
A complete application for a subdivision of 10 or fewer lots, or for a site plan of 10 acres of land or less or 10 dwelling units or less, shall be acted upon within 45 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. A subdivision of more than 10 lots, or a site plan that involves more than 10 acres of land or more than 10 dwelling units, shall be acted upon within 95 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary subdivision or site plan approval.
F.
In the review of site plan applications, the Board shall make general findings with respect to the following:
(1)
Adequacy of building space and arrangement.
(2)
Traffic access, pedestrian and traffic circulation, parking facilities and off-street loading facilities.
(3)
Disposition of usable open space.
(4)
Landscaping plans, including all required buffer areas along the site perimeter.
(5)
That all off-site improvements, such as curbing, paving, widening of existing streets and drainage, which will be effected by the proposed use are sufficient for such use.
(6)
Conduciveness to the planned, orderly development of the area, as well as the site in question.
(7)
Preservation of historic buildings and natural features on the site.
(8)
Conformance to requirements of this ordinance or to a variance therefrom granted pursuant to Township ordinances.
(9)
The development shall meet the requirements of the Township Watercourse Ordinance (Ord. No. 4, 1974), if applicable.
(10)
Such other special considerations as are applicable.
G.
If the Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amendment application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Board shall, if the proposed development complies with the requirements of the Township ordinances, grant preliminary site plan approval, with or without conditions attached.
H.
Approval of the site plan by the Hunterdon County Planning Board shall be required prior to preliminary approval by the Township Board. County Planning Board approval shall consist of either timely receipt of a favorable report or approval by the failure of the County Planning Board to report within the required time period.
I.
Approval of a soil erosion and sediment control plan, pursuant to Township ordinances, shall be required prior to preliminary site plan approval.
J.
If the Planning Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation to that effect shall be made on the plat or plan, and a resolution adopted setting forth the reasons for such rejection. One copy of the plat or plan and resolution shall be returned to the applicant within seven days of the date of such determination. The applicant may thereafter resubmit a revised preliminary plat or plan for further consideration of the Planning Board.
K.
Nothing in this section shall preclude a developer from submitting the preliminary and final site plan as one submission, provided that all requirements of the final site plan shall be adhered to.
§ 109-226 Effect of preliminary approval.
A.
If the Planning Board determines, by resolution, that the preliminary plat is acceptable, it shall make a notation to that effect, and a resolution shall be adopted setting forth the approval and any conditions of such approval.
[Amended 12-27-2023 by Ord. No. 13-2023]
B.
Preliminary approval of a major subdivision and site plan shall, except as provided in Subsection C of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:
(1)
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 sizes; 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 municipality from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.
(2)
That 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.
(3)
That the applicant may apply for and the appropriate board may grant extension on such 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 and improvement standards have been revised by ordinance, such revised standards may govern.
C.
In the case of a subdivision of or site plan for an area of 50 acres or more, the appropriate board may grant the rights referred to in Subsection B(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the appropriate board to be reasonable 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 appropriate 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 and improvement standards have been revised, such revised standards may govern.
D.
Where a developer plans to install the site improvements prior to final approval, the developer may submit the engineering plans and specifications for the improvements to the Municipal Engineer, who shall approve them within 35 days. In the event of a denial, the specific reasons must be enumerated in a letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirement as previously imposed for a denial. After the plans are approved, the developer may install the site improvements prior to final approval. The developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with this chapter. The type, form, and amount of the bond are subject to the approval of the Municipal Engineer and the Municipal Attorney.
E.
The applicant shall provide the Secretary of the appropriate board with nine copies of the approved preliminary plat, which shall be distributed as follows:
(1)
Planning Board files: two copies.
[Amended 12-27-2023 by Ord. No. 13-2023]
(2)
Township Clerk: one copy.
(3)
Board Engineer: one copy.
(4)
Board Attorney: one copy.
(5)
Planning consultant: one copy.
(6)
Construction Code Official: one copy.
(7)
Tax Assessor: one copy.
(8)
County Planning Board: one copy.
§ 109-227 Final approval.
[Amended by Ord. No. 94-05]
A.
The application for final subdivision or site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Part 3 of this chapter.
B.
Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-12 shall be forwarded to the County Planning Board for its report and recommendation. Approval by the County Planning Board of any such final subdivision plat shall be required prior to final approval by the Board.
C.
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer of the Board, or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and, in the case of subdivision plats, shall be so accepted by the county recording officer for purposes of filing.
D.
If the Board favorably approves of a final plat or plan, the Chairman and Secretary of the Board shall affix their signatures thereto, indicating such favorable action, and shall adopt a resolution memorializing such approval and any conditions therein.
E.
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the Chairman and Secretary of the Board unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
F.
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Board as indicated on the instrument by the signature of the Chairman and Secretary of the Board or a certificate has been issued. The signatures of the Chairman and Secretary of the Board shall not be affixed until the developer has installed the required improvements or has posted the guarantees required pursuant to Part 2 of this chapter.
G.
If any person is aggrieved by the action of the Planning Board, appeal in writing to the governing body may be taken within 10 days after the date of the action of the Planning Board. A hearing thereon shall be had on notice to all parties in interest, who shall be afforded an opportunity to be heard. After such a hearing, the governing body may affirm or reverse the action of the Planning Board by a recorded vote of a majority of the total members thereon. The findings and reasons for the disposition of the appeal shall be stated on the records of the governing body and the applying party shall be given a copy.
§ 109-228 Effect of final approval.
A.
The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the developer pursuant to preliminary approval whether conditionally or otherwise shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval and in the case of a subdivision has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. The granting of final approvals terminates the time period of preliminary approval for the section granted final approval.
B.
In the case of conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval; economic conditions; and the comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor are permissible under final approval; the number of dwelling units and nonresidential floor area remaining to be developed; economic conditions; and the comprehensiveness of the development.
[Amended by Ord. No. 98-11]
§ 109-229 Deviation from final site plan.
The developer shall undertake construction in conformance with the approved final site plan. If there are changes of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan or Part 4, Zoning, of this chapter, the Board may approve new deviations from the final site plan.
§ 109-230 Review of plans.
Following approval, the developer may petition for review of the plans for units awaiting development or completion, stating his reasons therefor. Reasons may be based on such considerations or changing social or economic conditions, improvements in layout design features, unforeseen difficulties or advantages affecting the site condition.
§ 109-231 Redesign and resubmittal.
The Planning Board, on finding such reasons and petition to be reasonable and valid, may consider the redesign in whole or in part, and shall follow in full the procedure and conditions herein required for original submittal and review.
§ 109-232 Applicability; preliminary approval phases.
[Amended by Ord. No. 98-11]
Applicants for major site plans or subdivisions of at least 100 acres or 400,000 square feet of nonresidential building area shall have the option of bifurcating preliminary approval into two phases: Phase One, General Development Plan, and Phase Two, Preliminary Approval. An applicant may seek variances for density, nonresidential square footage or use in Phase One, General Development Plan. All other variances shall be sought at Phase Two, Preliminary Approval.
§ 109-233 Purpose.
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. The planned development shall be developed in accordance with the general development plan approved by the Planning Board, notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.
§ 109-234 Approval procedure.
Applications should be submitted to the administrative officer of the Planning Board who, in turn, will process and schedule the application according to the appropriate statute. Applications will be declared complete or incomplete within a forty-five-day period from the time of submission according to statute. The following will be submitted at the time of application: 18 copies of the materials required in Checklist No. 6, four copies of the completed application forms, four copies of the completed checklist and the required application and review fees.
§ 109-235 Planning Board action.
A.
The application shall be declared complete within a forty-five-day period from date of its submission according to the provisions of Part 3 of this chapter.
B.
The application for approval of a general development plan shall require a public hearing and notice pursuant to the provisions of N.J.S.A. 40:55D-10, N.J.S.A. 40:55D-11, and N.J.S.A. 40:55D-12 and Part 3 of this chapter.
C.
The Planning Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer, 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 general development plan approval of the planned development.
§ 109-236 Duration of approvals.
A.
Phase One, General Development Plan, shall confer upon the applicant the following rights for a period of at least five years, or for a longer period if determined by the Planning Board, 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:
B.
The Planning Board shall indicate the following which shall not vest, but still be presumed to be valid at Phase Two, Preliminary Approval, subject to engineering and environmental considerations:
C.
The applicant may request a change in the general development plan at the preliminary approval stage provided that the total number of units is not increased.
D.
The term of the effect of the second phase of general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection c of this section, 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 pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) 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 attached to the approval thereof.
§ 109-237 Timing, schedule and modification.
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.
§ 109-238 Mandatory hearings on modifications.
A.
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.
B.
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 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, as the case may be.
§ 109-239 Modifications allowed.
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. A developer, without violating the terms of the approval pursuant to this act, 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 al.) without prior municipal approval.
§ 109-240 Completion and certification of plan.
A.
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 municipality does not receive such notification of that completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
B.
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 municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the municipality 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 municipality thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality 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 the 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.
§ 109-241 Completion of development.
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.
§ 109-242 Checklists.
[Added by Ord. No. 94-05]
Editor's Note: Checklist Nos. 1 through 8 are included at the end of this chapter.