[Added 3-8-2006 by Ord. No. 2006]

A. A general development plan is a comprehensive plan for the development of a planned development as set forth herein and in N.J.S.A. 40:55D-45.1 and 45.2.

B. A development proposal that meets the foregoing definition and the criteria set forth in the former § 215-139, now § 185-27, may submit an application for general development plan approval to the Planning Board. The general development plan shall set forth the types of uses proposed, the approximate amount of floor space proposed for each, the number of residential units permitted and proposed and, in the case of planned commercial developments, the floor area ratio for the planned development in its entirety, all according to a schedule which sets forth the timing of the various sections of the development. In addition, depending upon the nature and scope of the planned development, the Board may require the applicant to submit an environmental impact statement plus any or all of the following plans as those plans are described and defined in N.J.S.A. 40:55D-45.2:

(1) A circulation plan.

(2) An open space plan.

(3) A stormwater management plan.

(4) An environmental inventory.

(5) A housing plan, including a plan for meeting the growth share obligation created by the development in accord with the Township's Growth Share Ordinance.

(6) A fiscal report.

(7) A timing schedule.

(8) Proposed developer agreements.

The minimum land area required for the submittal of a general development plan application shall be 100 acres.

The applicant shall submit an application and associated documentation to the Board Secretary at least 30 days prior to a regularly scheduled meeting.

The Board Engineer, Planner, and other professional staff shall review all aspects of the application and shall recommend to the Board which of the plans enumerated in § 215-138 should be submitted by the applicant.

The Board or its designee shall determine the completeness of the application in accordance with the checklist adopted by Ordinance No. 1990-7. No application shall be scheduled for a public hearing unless it is determined to be complete.

If the application is found to conform to the definition of a general development plan and is determined to be complete, the Board or its designee shall set a time and date for a public hearing and shall so advise the applicant. The Board may delegate the setting of the time and date for public notice and hearing to the Board Secretary. Public notice shall be given in accordance with the Municipal Land Use Law and Chapter 18, Land Use Procedures, § 18-29, of the Code of the Township of Springfield. All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing.

If during the hearing on the submission the Board requires any substantial amendment in the layout of the tract or its improvements, as proposed by the applicant, that has been the subject of said hearing, an amended application shall be submitted and acted upon as an original submission.

Any and all lands contemplated for development under the provisions of the general development plan shall be included in the application.

A. The Board shall grant, grant with conditions, or deny the application for general development plan approval within 95 days of the date of the determination that a complete application has been submitted or within such time as may be consented to by the applicant. Upon failure of the Board to act within the aforementioned time periods, the Board shall be deemed to have granted general development approval to the plan.

B. Findings for planned developments. Prior to the approval by written resolution of a general development plan for the initial approval of a planned development, the Planning Board shall make the following findings of fact and conclusions of law:

(1) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to zoning ordinance standards adopted pursuant to N.J.S.A. 40:55D-65c of the Municipal Land Use Law;

(2) 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;

(3) That provisions, through the physical design of the proposed planned development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air and visual enjoyment are adequate;

(4) That the proposed planned development shall not have an unreasonably adverse impact upon the area in which it is proposed to be established;

(5) In the case of a proposed planned development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and the occupants, and owners of the proposed development in the total completion of the development are adequate.

C. Contents of resolution. The decision and resolution of the Board shall be in writing and shall include not only conclusions, but findings of fact related to the specific proposal. The resolution shall set forth the reasons for the grant, with or without conditions, or for the denial; and shall state in what respects the plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:

(1) Whether the plan is in general conformity with the land use plan element of the Master Plan.

(2) In what respects the plan is or is not consistent with the statement of objectives for planned unit developments as set forth in § 215-40.

(3) The extent to which the plan departs from zoning, site plan and/or subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reason why such departures are or are not deemed to be in the public interest.

(4) The purpose, location and amount of the common open space, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of development.

(5) The physical design of the plan and the manner in which said design does or does not make adequate provisions for public services, provide adequate control over vehicular and pedestrian traffic and provide adequate light, air, landscaping, and visual enjoyment.

(6) The relationship, beneficial or adverse, of the proposed planned development to the neighboring area in which it is proposed to be established.

(7) In the case of a plan that proposes development over a period of five or more years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the users and owners of the planned development in the integrity of the plan, including the performance guarantees.

D. Conditions of general development plan approval. The Board may condition approval on terms ensuring the applicants compliance with this article.

(1) The Board may grant approval subject to conditions which it deems necessary to protect the interests of the general public and the occupants and users of the planned development. Such conditions may include, but are not limited to, the sequence and distribution of uses and densities, limitations of land areas to be developed within a given period, or provision of physical means to address critical or unique environmental conditions. Such conditions shall be predicated on the following criteria:

(a) That each stage of a planned development shall contain, within reasonable limits, a balance of commercial uses, open space, and public facilities to assure that the planned development is a viable self-sustaining unit at any given stage in its growth.

(b) That each stage of development shall include required open space and public facilities in proportion to that part of the total development that are to be developed in that stage.

(c) That the size and timing of successive stages of a planned development shall be conditioned upon the availability and provision of off-tract improvements which must be provided or expanded as a result of the development of the planned development.

(d) Any other reasonable condition based on the nature, scope and timing of the development.

E. The Planning Board, as part of its resolution, shall specify the drawings and specifications approved, and the form of performance and maintenance guarantees that shall accompany subsequent applications for site plan or subdivision approval. In addition, the resolution shall state whether a municipal development agreement pursuant to N.J.S.A. 40:55D-45.2.l shall also be required.

F. Whenever the review and approval of any outside agency or agencies is required, the Board shall condition any approval on the timely receipt of favorable action on the application by those agencies.

A. The terms and conditions of general development plan approval shall not be modified, revoked or otherwise impaired by action of the Township without the consent of the applicant for a period of years to be determined by the Planning Board in light of the following factors:

(1) The square feet of nonresidential floor area permissible under the general development plan approval;

(2) Prevailing economic conditions;

(3) The timing schedule to be followed in completing the development and the likelihood of its fulfillment;

(4) The developers capability of completing the development;

(5) The contents of the general development plan; and

(6) Any conditions which the Board has attached to the approval.

B. In the event the developer has not applied for preliminary approval of a section or sections of an approved general development plan within five years of the date of the grant of general development approval, such approval may be terminated by the Planning Board upon written notice to the applicant.

C. 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 Township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan and/or municipal development agreement, the Township 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. The Township shall then conduct a hearing to determine whether or not the developer is in breach of his agreement or the terms and conditions of his approval. If the hearing leads the Township to find good cause to terminate the approval, it shall provide notice of same to the developer. General development plan approval shall be terminated 30 days thereafter.

D. The Planning Board may extend the rights conferred by the grant of general development plan approval but not longer than 20 years from the date when the developer receives final approval of the first section of the planned development.

E. The applicant may petition and the Planning Board may grant a modification of the proposed timing schedule. In deciding whether or not to grant approval of the modification the Board must take the following into consideration:

(1) The anticipated and actual needs for commercial space within the municipality and the region;

(2) The availability and capacity of public facilities needed to accommodate the proposed development; and

(3) The prevailing economic and market conditions; provided however, that, if the Townships design standards have been revised, such revised standards shall govern.

F. Once a general development plan has been approved by the Planning Board the developer may not vary the location of land uses within the planned development or increase the floor area ratio of commercial development in any section of the planned development without the prior approval of the Planning Board, except that a developer may, without Board approval, reduce the amount of commercial floor space and/or the commercial floor area ratio by no more than 15%.

Upon the granting of general development plan approval by the Board, copies of the approved documents, including the resolution of approval, shall be sent to:

A. Applicant.

B. Planning Board file.

C. Municipal Engineer.

D. Township Planner.

E. Construction Code Official.

F. Township Clerk.

G. Tax Assessor.

H. Such other municipal, county or state agencies or officials as directed by the Board or in the resolution of approval.