West New York City Zoning Code
ARTICLE XVI
General Development Plans
§ 414-91 Plan approval.
A.
The Planning Board is hereby authorized to grant general development plan approval as provided in this article XVI and pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The term "general development plan" means a comprehensive plan for the development of a planned development, including a controlled waterfront development under Article VI, as provided in this article.
B.
Any developer of a parcel of land greater than 100 acres in size, for which the developer is or shall be seeking approval of a planned development pursuant to the Municipal Land Use Law, may submit a general development plan to the Planning Board prior to the granting of preliminary site plan or major subdivision approval of that development by the Planning Board.
C.
The Planning Board shall grant or deny general development plan approval within 95 days after submission of a complete application which has been certified by the Secretary of the Planning Board or within such further time as may be consented to by the applicant in writing. Failure of the Planning Board to act within the period prescribed shall constitute general development plan approval of the planned development.
D.
The planned development shall be developed in accordance with the general development plan approval by the Planning Board notwithstanding any provision of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., enacted after the effective date of the general development plan approval.
E.
The duration of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in this subsection, 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 the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In making its determination regarding the duration of the effect of approval of the general development plan, the Planning Board shall consider the number of dwelling units, phasing of construction and coordination of the same, the amount of nonresidential floor area to be constructed, construction of infrastructure and service facilities, 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.
§ 414-92 Content.
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 the entirety, according to a schedule which sets forth the timing, coordination and phasing of the various sections of the development.
B.
The general development plan shall include but not be limited to the following:
(1)
A general land use plan at a scale of not less than one inch equals 200 feet, indicating the tract area and general locations of the land uses. The total number and location of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and nonresidential area ratio shall be provided.
(2)
A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned development and any proposed improvements to the existing transportation system outside the planned development, all of the same to be in compliance with all applicable federal, state and county permits and requirements.
(3)
An open space plan showing the proposed land area and general location of parks and any other land area 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 parks and recreational lands.
(4)
A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal and a plan for the operation and maintenance of proposed utilities.
(5)
A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site.
(6)
A community facility plan indicating the scope and type of supporting community facilities, which may include but not be limited to educational, sports, recreational and cultural facilities, historic sites, libraries, hospitals, firehouses and police stations.
(7)
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.
(8)
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, cable, recycling and solid waste disposal.
(9)
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.
(10)
A plan to provide for on-site collection, storage and pickup of all categories of recyclable materials.
(11)
A plan to provide for conservation, preservation, protection, policing and emergency access with regard to any unique on-site topographical features, including but not limited to The Palisades Cliffs and The Hudson River Waterfront and Shoreline.
(12)
A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.
(13)
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 probable impact of the development on the environmental attributes of the site.
(14)
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 municipality 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, municipality and school district according to the timing schedule provided under Subsection B(9) of this section, and following the completion of the planned development in its entirety.
§ 414-93 Modifications of timing schedule; variations from plan after approval.
A.
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, and any other factors which are in the best interests of the public health, safety and welfare of the citizens of West New York.
B.
Except as provided hereunder, the developer shall be required to gain prior written 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 modify the floor area ratio of nonresidential development in any section of the planned development or make any other material change in the approved development plan.
C.
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.
D.
Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon the application by the developer and written approval by the Planning Board.
E.
A developer, without violating the terms of the general development plan approval, may, in undertaking any section of the planned development, reduce the number of residential units or amounts of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%; provided, however, that a developer may not reduce the number of any residential units to be provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), without prior municipal approval.
§ 414-94 Completion and termination of plan approval.
A.
Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the Mayor, 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), and otherwise complied with all requirements for development of each such section. Until the town receives such notification as to the completion of any section of development, the town may at any time, upon notice to the developer by certified mail, make inspections and take all steps 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 town has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the town 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 Planning Board thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved general development plan. If, after such hearing, the Planning Board finds good cause to terminate the approval, it shall provide written notice of the same to the developer, and the approval shall be terminated 30 days thereafter.
C.
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 town shall have cause to terminate the approval.
D.
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 as of the completion of the development. For the purpose 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 and the development agreement
§ 414-95 Findings prior to approval.
Prior to approval of any planned development under this article, the Planning Board shall find the following facts and conclusions:
A.
That departures by the proposed development from the zoning regulations of the town otherwise applicable to the subject property conform to the standards of this chapter pursuant to N.J.S.A. 40:55D-65.
B.
That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.
C.
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation 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.
E.
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of proposed development in the total completion of the development are adequate.