[Amended 1-31-77 by Ord. No. 1-1977; 5-30-79 by Ord. No. 8-1979]

Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the township in order to meet the minimum street width requirement of the Land Subdivision Ordinances or to implement the Official Map or Master Plan of the township, the Construction Official shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements

A The purpose of this section is to provide a method of developing single-family detached dwellings which will preserve desirable open spaces, conservation areas, floodplains, school sites, recreation and park areas and lands for other public purposes by permitting the reduction of lot sizes and certain other regulations hereinafter stated without increasing the number of lots in the total area to be developed

B.Cluster residential developments shall meet the following requirements:

(1) The minimum size of a tract of land proposed for development under the cluster development provisions of this chapter shall be fifty (50) acres

(2) The remainder of the tract not assigned to individual residential lots shall be permanently dedicated through recordation of a restriction on the deed to the property as open space with no further development permitted. This land area shall meet the requirements specified in Subsection B(3)of this section and shall be offered to the township. All lands not accepted by the township may be owned and maintained by a homeowners' association if the development contains at least two hundred (200) dwelling units. [Amended 4-21-1988 by Ord. No. 10-1988]

(3) The lands offered to the township shall meet the following requirements:

(a) The minimum size of each parcel dedicated to the township shall be one (1) acre

(b) Lands offered for recreational purposes shall be improved by the developer, including equipment, walkways and landscaping, in order to qualify the lands for acceptance by the township

(c) Any land offered to the township shall be optimally related to the overall plan and design of the development and improved to best suit the purpose(s) for which it is intended

(d) The lands offered to the township shall be subject to review by the Planning Board, which, in its view and evaluation of the suitability of such land, shall be guided by the Master Plan of the township, by the ability to assemble and relate such lands to an overall plan and by the accessibility and potential utility of such lands The Planning Board may re. quest an opinion from other public agencies or individuals as to the advisability of the township's accepting any lands to be offered to the township

(e) Every parcel of land offered to and accepted by the township shall be conveyed to the township by deed at the time final plan approval is granted by the township. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the provisions of Subsection B(2) hereinabove pertaining to the use of such areas Should the subdivision consist of a number of development stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be donated to the township simultaneously with the granting of final subdivision approval for that particular stage, even though these lands may be located in a different section of the overall development

(4) Where the development contains at least two hundred (200) dwelling units, a homeowners' association may be established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, floodplain, recreation and park areas and other common lands If established, a homeowners' association shall be in accordance with the following provisions

(a) Membership in any created homeowners' association by all property owners shall be mandatory Such required membership in any created homeowners' association and the responsibilities upon the members shall be in writing between the association and the individual in the form of a covenant, with each member agreeing to his liability for his pro rata share of the association's costs and providing that the township shall be a party beneficiary to such covenant, entitled to enforce its provisions

(b) Executed deeds shall be tendered to the township simultaneously with the granting of final subdivision approval, stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development

(c) The homeowners' association shall be responsible for liability insurance, local taxes, maintenance of land and any facilities that may be erected on any land deeded to the homeowner's association and shall hold the township harmless from any liability

(d) The assessment levied by the homeowners' association may become a lien on the private properties in the development The duly created homeowners' association shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the township for public purposes only

(e) The homeowners' association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the cluster development, along with the covenant and model deeds and the Articles of Incorporation of the association prior to the granting of final approval by the township

(f) Part of the development proposals submitted to and approved by the township shall be provisions to ensure that control of the homeowners' association will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied-together with assurances in the bylaws that the homeowners' association shall have the maintenance responsibilities for all lands to which it holds title

(g) In the event that the association fails to maintain the open space in reasonable order and condition, the Construction Official may serve written notice upon the association or upon the owners of the development, setting forth the manner in which the association has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty-five (35) days thereof and shall state the date and place of a hearing thereon, which shall be held within fifteen (15) days of the notice. At such hearing, the Township Committee may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed sixty-five (65) days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said thirty-five (35) days or any permitted extension thereof, the township, in order to preserve the open space and maintain the same for a period of one (1) year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners Before the expiration of said year, the Township Committee shall, upon its initiative or upon the request of the association theretofore responsible for the maintenance of the open space, call a public hearing upon fifteen (15) days' written notice to such association and to the owners of the development, to be held by the Township Council, at which hearing such association and the owners of the development shall show cause by such maintenance by the township, at the election of the township, should continue for a succeeding year If the Township Council shall determine that such association is ready and able to maintain said open space in reasonable condition, the township shall cease to maintain said open space at the end of said year If the Township Council shall determine such association is not ready and able to maintain said open space in a reasonable condition, the township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter The decision of the Township Council shall constitute a final administrative decision, subject to judicial review [Added 1-31-1977 by Ord. No. 1-1977]

(5) Prior to Planning Board preliminary approval, a certification by both the State Department of Environmental Protection and the Township Engineer shall be required confirming the adequacy and availability of public water and sanitary sewer facilities to service the proposed development Prior to final approval, the applicant shall submit final plans for public water and sanitary sewer facilities

(6) No certificate of occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and water and sewer facilities servicing the said structure are properly completed and functioning

[Amended 2-4-1981 by Ord. No. 1-1981; 11-7-1986 by Ord. No. 26-1986]

A. Any building located on a corner lot shall be set back from both streets at least the required front yard distance(s), but in no case less than the required distance(s) formed by the sight triangles specified in § 190-34C except in R-60, R-80, R-96, R-100 and R-200 Zones, where required front yard setbacks shall prevail [Amended 12-15-1994 by Ord. No. 8-1994]

B. Any building located on a corner lot shall be set back from any lot line (except street lines) at least the required side yard distance [Amended 12-15-1994 by Ord. No. 8-1994]

C. Any six-foot-high fence on a corner lot shall be located at least fifty (50) feet from any street line in the R-60, R-80, R-96, R-100 and R-200 Zones and in other zones where residential corner lots are less than eleven thousand (11,000) square feet in area For residential corner lots larger than eleven thousand (11,000) square feet or located in zones other than R-60, R-80, R-96, R-100 and R-200 Zones, six-foot-high fences shall be set back at least the required front yard distance, plus the width or depth of the principal structure

D. Swimming pools or accessory buildings located on corner lots may be located in side yard areas and shall be set back at least the required front yard distance, plus ten (10) feet

A. Penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys, water tanks or similar structures may be erected above the height limits prescribed by this chapter but in no case more than 25% more than the maximum height permitted for the use in the district. [Amended 8-17-1984 by Ord. No. 14-1984]

B. Where active farming on parcels exceeding 10 acres may require the use of silos or similar storage facilities, such silos are permitted, provided that they not exceed 100 feet in height and are located at least 100 feet from any property line. [Added 5-30-1979 by Ord. No. 8-1979]

C. The height limitations prescribed in this chapter shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met. [Added 4-3-1997 by Ord. No. 1-1997]

[Added 3-19-1992 by Ord. No. 1-1992]

A. The purpose of the PRC-planned retirement community option is to promote well-designed retirement communities and senior citizen community development; to recognize the unique municipal public service demands and special care needs of the elder population; to respect the physical qualities of the land and preserve and protect certain defined natural resources; and to preserve open space to serve environmental, recreational, scenic and public purposes.

B. Intent. Planned Retirement Community development under this provision is intended to:

(1) Promote imaginative, well-designed, retirement and continuing care communities development.

(2) Encourage a coordinated plan of development of major land parcels under single ownership, where significant portions of such land parcels contain or are in proximity to natural resource features which should be preserved from development.

(3) Protect the natural character of the area in which said land parcels are situated, to the maximum extent practicable.

(4) Maintain forests, significant stands of trees and individual trees of significant size to the maximum extent practicable.

(5) Protect stream corridors, headwaters of streams, wetlands, floodplains, flood hazard areas, ponds or lakes.

(6) Provide social and recreational opportunities appropriate for the age group residing in the planned retirement community.

(7) Permit multiple principal buildings per single lot for the exclusive use of elder households, balanced by and to compensate for the preservation of open space.

C. Criteria.

The planned retirement community option shall be permitted in the R-A Zone and may include nursing homes, retirement communities and continuing care retirement communities as defined herein, provided that the requirements set forth below are met:

(1) Tract requirements.

(a)The tract shall be under one ownership or control by the applicant for purposes of obtaining all required development approvals and committing the tract to the regulations of the planned retirement community.

(b)Area and yard requirements for tract.

[1] Minimum tract size: 100 acres.

**Webmaster's Note: The previous is current through Supplement dated 10-20-98.

[2] Minimum tract frontage: three hundred (300) feet on a collector or arterial roadway

[3] Minimum building setback from any tract boundary. one hundred (100) feet

[4] Minimum perimeter landscaped buffer fifty (50) feet

[5] Maximum building coverage twenty-five percent (25%)

[6] Maximum impervious coverage forty percent (40%)

(c) Deed restrictions Approval of a planned retirement community development consisting of age-restricted housing in Pemberton Township shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of a tract so developed, to ensure that

[1] Occupancy shall be limited to households consisting of at least one (1) person fifty-five (55) years of age or older, and such households shall not include any person younger than eighteen (18) years of age

[2] No further development of the parcel will be permitted Exterior walls of structures as shown on an approved site plan shall not be expanded, interior walls shall not be added or relocated, and further development of remaining lands shall be prohibited

(d) Management of roadways and open space Open undeveloped portions of an age-restricted development, areas which result when permitted units are arranged in compact multiple-family structures and all proposed roadways shall be owned and maintained by a homeowners' association, unless offered to and accepted by Pemberton Township Council or the Burlington County Freeholders

(2) Use and bulk standards. The planned retirement community development option shall be developed according to the following use, density and bulk standards

(a) Principal uses

[1] Single-family detached dwellings (see Schedule A)

[2] Duplexes (see Schedule A)

[3] Quadruplexes (see Schedule A)

[4] Apartments (see Schedule B) 20

[5] Townhouses (see Schedule B)

[6] Model homes and/or sales office

(b) Accessory uses

[1] Community center

[2] Administration buildings related to the PRC

[3] Active and passive recreational uses, including but not limited to walking trails, tennis courts, shuffleboard courts and similar recreational improvements

(3) Optional uses Planned retirement communities may include the following optional uses.

(a) Nursing homes in accordance with all laws and regulations of the State of New Jersey. Nursing home beds shall be permitted in exchange for permitted residential units at a ratio of three (3) beds per one (1) dwelling unit (see Schedule C)

(b) Continuing care retirement communities (thirty-acre minimum) For purposes of continuing care retirement communities, as defined herein, developments providing skilled nursing care beds and/or limited medical care facilities which are required to be licensed by the State of New Jersey pursuant to N J S A 26 2H-1 et seq. shall be permitted to develop at a ratio of three (3) beds equaling one (1) unit of permitted density, provided that no more than sixty (60) beds, or twenty percent (20%) of the total units of permitted density, whichever is less, are provided as skilled nursing beds, and no more than forty (40) beds, or ten percent (10%) of the total units of gross density, whichever is less, are provided as limited medical care beds within the proposed continuing care retirement community (see Schedule C)

(c) Retail service center

[1] A retail service center shall be permitted within each planned retirement community, and such retail center shall be comprehensively planned to serve the needs of residents of the retirement communities

[2] The retail service center shall contain no more than thirty thousand (30,000) square feet of commercial space.

[a] Permitted uses.

(i) Restaurants.

(ii) Local retail sales, activities such as drugstores, delicatessens, bakeries, gift shops, bookstores, clothing stores, shoe stores, hardware stores, stationery stores and florists

(iii) Local retail services such as barber and beauty shops, tailors and dry cleaning and laundering operations

(iv) Banks, including drive-in facilities

(v) Professional offices limited to doctors and dentists, accountants, lawyers and financial services

[b] Bulk standards The commercial center shall adhere to the GCLI Zone standards The area of the commercial center shall be determined by calculating the entire developed area devoted to this use plus the appropriate setbacks. The area calculated for the commercial center shall be deducted from the overall tract, and residential density shall be based on the net area available for residential development The commercial center shall be integrated as part of the planned retirement community development and shall be accessible to the traveling public only on existing or new collector roads

(4) Density standards. Density for planned retirement communities shall be calculated as follows

NOTE Bonus density for planned retirement communities may only be utilized after PDC's have been utilized to achieve the maximum density permitted with PDC's

(5) Open space and recreation areas

(a) At least forty percent (40%) of the tract shall be reserved for open space and recreation uses, unless the bonus density provisions of § 190-18 1G(1) are applied, in which case at least thirty percent (30%) of the tract shall be reserved

M. The open space and recreation area shall, wherever practicable, include the following features

[1] View corridors, scenic vistas and natural features

[2] Any of the natural features described in § 190-50

(c) Open space and recreation areas shall be located in appropriate locations and arranged in such a manner so as to further and foster the purposes of the planned retirement community

(d) All open space and recreation area shall be dedicated for non-development and open space or recreation uses Such areas shall be owned in common by residents of the planned retirement community and managed by a homeowners' association

(e) The open space and recreation area shall have a minimum contiguous lot area of not less than fifteen (15) acres, and no portion thereof shall be less than one hundred (100) feet in width Open space and recreation areas should be arranged to provide contiguity of open spaces between planned retirement communities

(f) A comprehensive recreation plan shall be prepared to include all proposed passive and active recreation elements such as walking trails, picnic areas, outdoor and indoor tennis courts, shuffleboard courts, swimming pools and, if appropriate, a golf course

(g) Each planned retirement community development shall have a community center The following conditions shall apply

[1] The community center shall be centrally located and easily accessible to all units A comprehensive circulation plan shall be prepared to coordinate the road network and sidewalk layout for the entire development with emphasis on access to the center

[2] The community center may include but not be limited to cafeteria facilities, homeowners' association management offices, recreation and social activities rooms and offices and a multipurpose room designed for social activities

[3] The community center shall be one (1) story and no more than twenty (20) feet in height

[4] The height of the community center may be increased up to two (2) stories or thirty (30) feet if the second story is designed to accommodate dwelling units for physically handicapped individuals These units shall be designed in accordance with Item F in Schedule B. Where such second floor residential dwelling units are provided, at least one (1) elevator to the second floor shall be incorporated into the center design

[5] A bus stop shall be provided at an accessible location for those using the center's facilities An enclosure shall be located at the bus stop to afford protection from adverse weather conditions

(h) All open space and recreation areas shall be protected by legal arrangements, satisfactory to the Planning Board Attorney, sufficient to assure their maintenance and preservation for their intended purpose Covenants or other legal arrangements, including homeowners' associations, shall specify ownership of the area, method of maintenance, responsibility for maintenance, maintenance taxes and insurance; compulsory membership and compulsory assessment provisions, guaranties that any association formed to own and maintain said area will not be dissolved without the consent of the Planning Board, and any other specifications deemed necessary by the Planning Board

(i) Homeowners' association.

[1] There shall be established within the planned retirement community a homeowners' association

[2] The homeowners' association shall own and be responsible for the maintenance, repair and reconstruction of all buildings and lands owned by the residents of the community in common with one another Such lands shall include at a minimum all recreational areas, open space and drainage facilities required by the reviewing board for the community

[3] The application for approval of a planned retirement community shall be accompanied by the following information concerning the homeowners' association-

[a] An estimated budget for the homeowners' association, including adequate reserves

[b] The type, size and location of the recreational facilities, including the size of the pool and clubhouse, if any, and the adequacy of the same for the number of units planned

[c] The capability of the applicant to complete the project and fulfill obligations to homeowners and the township

[d] The method of timing of transition of control of the homeowners association from the applicant to the residents

[e] Clarification of restrictions, such as occupancy, right to rent, architectural style and use of common property

[f] The existence of and date of expiration of any management contracts

[g] Rights of inspection before closing

[h] Escrow of deposits.

[i] Rights of parties if units are not completed by closing dates.

[j] Homeowners' association facilities to be dedicated from applicant free of liens.

[k] Responsibility for maintenance of unsold units

[l] Developer's right of first refusal to purchase on re-sales

[m] The proposed form of deed to be used in conveying lands to the homeowners' association and of any declaration of restrictive covenant shall be presented to the reviewing body and the Township Council for their approval

D.Findings The Planning Board shall determine, at a minimum, the following findings with respect to the proposed planned retirement community application

(1) The development provides a configuration of dwelling units for a total living environment specifically designed to meet the special needs and services of the elder population

(2) The application conforms to the conditions of the PRC conditional use as contained in § 190-56D

(3) The application is designed to produce an environment of stable and desirable character, consistent with the intent and purpose of the planned retirement community development regulations to promote the public health, safety and general welfare

(4) The open space and recreation areas comply with the standards set forth in this section

(5) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards for planned retirement community development as contained herein

(6) 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

(7) 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.

(8) That the proposed planned retirement community development will not have an unreasonably adverse impact upon the area in which it is proposed to be established

E.Application An applicant proposing to develop lands in accordance with the above conditions shall first submit a general development plan to the Planning Board in accordance with standards enumerated in § 190-55F After approval of the general development plan by the Planning Board, the applicant may then submit a preliminary plat or site plan in accordance with standards and conditions of § 190-45 or Article 3 of § 159.

F.General development plan (GDP).

(1) General development plans, submission and time for decision

(a) Submission Any developer of a parcel of land greater than one hundred (100) acres in size for which the developer is seeking approval of a planned development pursuant to P L 1975, c 291 (N J S A 40 55D-1 et seq.) may submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board pursuant to § 34 of P.L. 1975, c. 291 (N.J.S.A 40:55D-46) or § 36 of P.L. 1975, c 291 (N.J.S.A. 40:55D-48).

(b) Time for decision The Planning Board shall grant or deny general development plan approval within ninety-five (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

(2) Contents of the general development plan

(a) The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the gross residential density and the nonresidential floor area for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development in a chronological sequence of events as described in Subsection F(2)(c)[11] below.

(b) The planned development shall be developed in accordance with the general development plan approved by the Planning Board, notwithstanding any provisions of P.L. 1975, c. 219 (N.J.S.A 40.55D-1 et seq.), or an ordinance or regulations adopted pursuant thereto after the effective date of the approval.

(c) A general development plan shall include but is not limited to the following.

[1] A general land use plan at a scale of not less than one (1) inch equals one hundred (100) feet, or such other scale permitting the entire site to be shown on one (1) sheet. Enlargement of portions of the plan may be submitted on separate sheets of the same size. The plan shall indicate the tract area and general locations of the land uses to be included in the planned development. The total number 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 gross density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided

[2] A circulation plan showing the general location and types of transportation facilities, including a general description of proposed improvements for pedestrian access, within the planned development and any proposed improvements to the existing transportation system outside the planned development. The circulation plan shall be accompanied by a traffic impact report and the applicant shall be responsible for off-site traffic improvements in accordance with NJ S A 40 55D-42 and municipal ordinances that govern the same

[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. The open space plan shall be accompanied by a timing schedule evidencing when open space areas will be set aside and when construction of recreational amenities will commence and be completed.

[4] A utility plan showing 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 and, if applicable, off-site

[6] 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 on the site.

[7] 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, municipal buildings and police stations.

[8] 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.

[9] 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 and solid waste disposal, including separation and recycling of recyclable materials The plan shall also indicate anticipated ownership and responsibilities for these facilities

[10] 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 school district as a result of completion of the planned development The fiscal report shall also include a projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedules provided under Subsection F(2)(c)[111 below and following completion of the planned development in its entirety

[11] 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 project in its entirety. The development schedule referred to herein need not be a schedule of specific dates but can be a series of sequential events that provides for a logical progression of the build-out and completion of the project in coordination with any onsite and off-site improvements required by the Planning Board of the municipality

[12] A municipal development agreement, which means a proposed written agreement between the municipality and the applicant relating to the planned development

(3) Terms and duration of approval

(a) 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 F(3)(b) below, except that the term of the effect of the approval shall not exceed twenty (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.).

(b) In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof 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 (5) 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

(c) No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the Township approving authority may grant general development plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands Development Credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands Development Credit use in the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Section 190-66D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 12-2001.

(4) Modification of proposed development schedule.

(a) In the event that the developer seeks to modify the proposed development 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

(b) 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

(5) Amendments, revisions and allowable reductions

(a) Except as provided in Subsection F(5)(b) below, once a general development plan has been approved by the Planning Board, it may be amended or revised by the Planning Board upon application of the developer.

(b) A developer, without violating the terms of the general development plan approval granted by the Planning Board, may, in undertaking any section of the planned development, reduce the number of residential units or amounts of nonresidential floor space in the section in question by no more than fifteen percent (15%) or reduce the residential density or nonresidential floor area ratio by no more than fifteen percent (15%); provided, however, that a developer may not reduce the number of residential units to be provided pursuant to P L 1985, c222 (N.J.S.A 5227D-30 et seq.) without prior municipal approval.

(6) Notice of completion; nonfulfillment, termination of 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 administrative officer of the municipality, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan, For purposes of this section, "completion" of any section of the development means 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 15 of P.L. 1985, c. 217 (NJ 5 A. 52-27D-133) If the municipality does not receive such notification at the 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 the developer does not complete any section of the development within eight (8) 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 ten (10) days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan The municipality shall thereafter 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 approved plan shall be terminated thirty (30) days thereafter

(c) In the event that a developer who has a general development plan approval does not apply for preliminary approval for the planned development which is the subject of the general development plan approval within the time provided in the developer's agreement or within five (5) years of the date upon which the general development plan has been approved by the Planning Board (whichever is later), the municipality shall have cause to terminate the approval.

(7) Termination of approval upon completion 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 approval, the approval shall terminate upon the completion of the development. For purposes of this section, a development shall be considered complete on the date upon which 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.

G.Definitions As used in this section, the following terms shall have the meanings indicated

BASE DENSITY - The permitted density when Pinelands Development Credits are not employed, as specified in the R-1 and R-A Districts

CONTINUING CARE RETIREMENT COMMUNITY, CCRC - A residential development for the exclusive habitation of people age sixty-two (62) or older and providing a variety of levels of care and support activities for elderly residents, including intermediate care beds and skilled nursing care beds, dining facilities, limited commercial facilities, etc , all contained "nth a single development scheme and as defined and regulated by the New Jersey Department of Health and the New Jersey Department of Community Affairs.

DUPLEX - A residential structure consisting of two (2) dwelling units arranged side by side

NET DENSITY - The density of development of a specific portion of a development tract (i.e., apartments, townhouses, patio houses, etc)

NURSING HOME - An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves

PLANNED RETIREMENT COMMUNITY DEVELOPMENT - A residential development for the exclusive habitation of people at age fifty-five (55) or older, and includes nursing homes, continuing care retirement communities (CCRC), licensed or regulated by the New Jersey Department of Health or the New Jersey Department of Community Affairs, as well as residential communities unlicensed or unregulated but which retain a private age restriction mechanism

QUADRUPLEX - A one-story residential structure consisting of four (4) attached dwelling units.

TRACT - When used in connection to a planned retirement community, the term shall refer to all portions of a single development scheme under one ownership or control for purposes of a development application