§ 212-44. General development plans.

A. 

References; objectives.

(1) 

Statutory reference. These procedures are established pursuant to the authority of the Municipal Land Use Law. Prior to approval of a planned development, the Planning Board shall make such findings and conclusions as are required by N.J.S.A. 40:55D-45.

(2) 

Objectives. The purpose of this section is to establish procedures for approval of all general development plans.

B. 

General development plan procedures. Any developer of a property within the POD Zone Districts for which the developer is seeking approval of a planned development shall submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board as provided by this section. In addition to the procedures for filing, completeness determination and review provided by this section, the following provisions shall apply to general development plans:

(1) 

The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection B(2) below, provided that the term of the effect of the approval shall not exceed 10 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to this chapter.

(2) 

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 or the 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.

(3) 

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 Planning Board shall have cause to terminate the approval. This limitation shall not apply to portions of the general development plan requiring completion of the Route 24 Interchange.

(4) 

Notwithstanding any provision of this chapter, the Municipal Land Use Law, or any ordinance or regulation adopted pursuant thereto after the effective date of the approval, the planned development shall be developed in accordance with the general development plan approved by the Planning Board.

Editor’s Note: See N.J.S.A. 40:55D-1 et seq.

(5) 

Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the Planning Board Secretary, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this subsection, “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 P.L. 1975, c. 217. If the Planning Board does not receive such notification at the completion of any section of the development, the Planning Board shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

Editor’s Note: See N.J.S.A. 52:27D-133.

(6) 

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 Planning Board 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 within 30 days to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Planning Board 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.

(7) 

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 subsection, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential unit 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.

(8) 

The following provisions shall apply to the modification of an approved general development plan:

(a) 

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 by the Planning Board after a new hearing.

(b) 

A developer, without violating the terms of the general development approval, may, in undertaking any section of the planned development, reduce the number of residential units or the 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%.

(c) 

In the event that the developer seeks to vary the location of land uses within the planned commercial development in any section of the planned commercial development, such modification shall require the approval of the Planning Board.

(d) 

In the event that the developer seeks to modify the proposed timing schedule of the approved general development plan, 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.