A. Planting shall be regarded as an essential feature of every planned residential, mixed-use or commercial area.
B. In order to enhance the appearance and marketability of housing and to provide protection from wind and sun and from depreciating effects on roads, parking areas and nearby nonresidential land uses and buildings, the type, size and location of trees and shrubs shall be indicated to the Planning Board by the applicant so that it may properly execute its responsibilities.
C. For every dwelling unit, a minimum of one (1) suitable shade or ornamental tree must be provided. Existing planting shall be acceptable as required planting to the extent that it is suitable and preserved in good condition.
A. In reviewing applications for planned communities, the Planning Board will require evidence that adequate open space in appropriate locations will be available.
B. Open space must have safe and convenient pedestrian access.
C. The applicant must consult with the Planning Board early in the design stage to ascertain open space requirements. Suitable land equal in area to at least thirty percent (30%) of the gross area shall be designated as open space.
D. Usable open space shall be one thousand (1,000) square feet per multiple-family dwelling. Usable open space for multiple- dwelling units may include patios, landscaped area of the site and other areas within a multifamily residential size which can be used for open space purposes, in addition to the fifteen percent (15%) of common open space.
In addition to the bulk requirements described previously in this chapter (see dwelling densities for residential use described in § 294-46), the following bulk criteria shall be followed:
A. The intensity of land use must avoid congestion of buildings by providing adequate daylight, sunlight, air, usable space and privacy for dwelling units for all buildings.
B. The location and arrangement of buildings, lot lines and open spaces must be shown to the Planning Board so that it may review the intensity of land use and serve the public interest by protecting neighboring land uses while encouraging positive, improved and architectural and planning site design.
Prior to the approval of any planned development, the Planning Board shall find the following facts and conclusions:
A. That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to standards as required by this Article IX.
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 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.
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 the proposed development in the total completion of the development are adequate.
A. For purposes of this Article IX, the term "general development plan" means a comprehensive plan for the development of a planned development, as provided by the Municipal Land Use Law as amended by Section 4, of P.L.1987, c.129.
B. Any developer of a parcel of land greater than one hundred fifty (150) 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 Section 34 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46) or Section 36 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-48). 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 of the various sections of the development.
C. The general development shall include but not be limited to the following:
(1) A general land use plan at a scale of not less than one (1) inch equals two hundred (200) feet, indicating the tract area and general locations of the land uses to be included in the planned development according to a schedule which sets forth the timing of the various sections of the 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 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 facilities for pedestrian access, within the plan development and any proposed improvements to the existing transportation system outside the planned development
(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) 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 structure or features and the probable impact of the development on the environmental attributes of 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, 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. 22 (N.J.S.A. 52:27D-301 et al.) 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.
(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 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 C (11) of this section and following the 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 development in its entirety.
(12) A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.
D. Term of general development plan approval.
(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 § 294-42, 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.)
(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 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.
E. The Planning Board shall grant or deny general development 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.
F. 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.
G. Changes to general development plan after approval.
(1) 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.
(2) Except as provided hereunder, the developer shall be required to gain 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.
(3) 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 Pinelands Commission pursuant to P.L. 1979, c. 111 (N.J.S.A 13:18A-1 et seq.), or 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 Pinelands Commission or the Department of Environmental Protection, as the case may be.
(4) 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 approved by the Planning Board.
(5) 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 amount of nonresidential floor space 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, c. 222 (N.J.S.A. 52:27D-301 et al.), without prior municipal approval.
(6) 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 obligation under the approved plan. For the purposes 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 PC. 1975, c. 217 (N.J.S.A. 52:27D-133). If the township does not receive such notification at the completion of any section of the development, the township shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
(7) If a 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 township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the township 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 township 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 township finds good cause to terminate the approval, it shall provide written notice of the same to the developer, and the approval shall be terminated thirty (30) days thereafter.
(8) 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.
(9) 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.
(10) Any decision of the township under this chapter granting or denying tentative approval of a plan or authorizing or refusing to authorize a modification in a plan shall be. deemed to be a final administrative decision and shall be subject to judicial review.
Fees shall be paid in accordance with the following schedule, for use in connection with the total processing of a planned development:
A.. The sum of one hundred dollars ($100.), to be paid to the Township Clerk, to cover the professional costs in reviewing the general development plan and for the publication of notice and notification of au persons concerned with the plan and the public hearing which shall be required under terms of this chapter.
B. In addition to the application fee, the applicant shall establish an escrow fund with an escrow agent suitable to the Township Committee, and such fund shall be used to pay the fees and costs of any professional personnel employed to process, review and make recommendations on a general development plan, which fund shall be different from and in addition to the application fee. The amount of such escrow fund shall be computed as follows:
(1) Ten dollars ($10.) per unit for the first ten (10) lots of a residential plan.
(2) Five dollars ($5.) per unit for each additional lot.
(3) Fifty dollars ($50.) for the first five (5) units in any office mixed use or commercial plan or combination of the two (2).
C. At the time of submission of the preliminary subdivision site or plan, the applicant shall pay a fee of one hundred dollars ($100.). In addition, he shall add to the escrow fund an amount equal to thirty-five dollars ($35.) per unit for each lot on the preliminary subdivision or site plan, to be used to pay the fees of the professional personnel employed to process, review and make recommendations on the preliminary subdivision or site plan and to inspect and approve the construction of off-site improvements. "Off-site improvements" shall mean sidewalks, curbs, trees, open spaces, school spaces, municipal utilities and any other improvements set forth in this chapter or as a condition of preliminary approval. Any excess funds in the escrow account at the time of final acceptance of the improvements will be returned to the applicant. If at any time it becomes evident that the escrow fund is or will be insufficient to cover the fees, the applicant shall increase the fund as required by the Township Committee.
Planned Community Districts are hereby permitted in the following described location:
Beginning at a point in the center line of Berlin - Cross Keys Road (County Road 689) at its intersection with the center line of Blenheim - Erial - New Brooklyn Road (County Road ?06), said point also being a Camden County monument; thence North 41 degrees 56 minutes 13 seconds East a distance of 841.11 feet to a point; thence North 81 degrees 26 minutes 03 seconds East a distance of 596.07 feet to a point; thence North 17 degrees 18 minutes 49 seconds West a distance of 441.13 feet to a point; thence North 41 degrees 56 minutes 13 seconds East a distance of 467.46 feet to a point; thence North 41 degrees 58 minutes 58 seconds East a distance of 1,478.21 feet to a point; thence South 18 degrees 41 minutes 08 seconds East a distance of 856.78 feet to a point; thence North 62 degrees 21 minutes 37 seconds East a distance of 604.67 feet to a point; thence North 48 degrees 01 minutes 48 seconds West a distance of 957.48 feet to a point; thence North 41 degrees 58 minutes 58 seconds East a distance of 78.70 feet to a point; thence South 48 degrees 01 minutes 48 seconds East a distance of 1,858.27 feet to a point; thence North 80 degrees 52 minutes 52 seconds East a distance of 399.91 feet to a point; thence South 67 degrees 42 minutes 25 seconds East a distance of 330.33 feet to a point; thence South 77 degrees 52 minutes 40 seconds East a distance of 592.57 feet to a point;. thence South 59 degrees 44 minutes 12 seconds East a distance of 659.56 feet to a point; thence South 57 degrees 01 minutes 02 seconds East a distance of 393.66 feet to a point; thence South 76 degrees 37 minutes 00 seconds East a distance of 479.25 feet to a point; thence South 87 degrees 27 minutes 48 seconds East a distance of 432.94 feet to a point; thence North 12 degrees 47 minutes 21 seconds West a distance of 413.16 feet to a point; thence North 75 degrees 13 minutes 40 seconds East a distance of 19.38 feet to a point; thence South 16 degrees 39 minutes 36 seconds East a distance of 719.44 feet to a point; thence North 71 degrees 48 minutes 27 seconds East a distance of 1,364.76 feet to a point; thence South 11 degrees 24 minutes 08 seconds West a distance of 49.92 feet to a point; thence South 16 degrees 58 minutes 08 seconds East a distance of 296.39 feet to a point; thence South 18 degrees 12 minutes 40 seconds East a distance of 535.60 feet to a point; thence South 12 degrees 28 minutes 03 seconds East a distance of 60.95 feet to a point; thence South 71 degrees 48 minutes 27 seconds West a distance of 1,352.92 feet to a point; thence South 26 degrees 56 minutes 57 seconds East a distance of 1,169.18 feet to a point; thence South 87 degrees 07 minutes 32 seconds West a distance of 858.79 feet to a point; thence South 17 degrees 21 minutes 44 seconds West a distance of 369.20 feet to a point; thence South 71 degrees 57 minutes 21 seconds West a distance of 1,408.19 feet to a point; thence South 85 degrees 19 minutes 26 seconds West a distance of 411.29 feet to a point; thence South 07 degrees 31 minutes 36 seconds East a distance of 1,192.36 feet to a point; thence South 85 degrees 46 minutes 37 seconds West a distance of 2,516.03 feet to a point; thence North 36 degrees 15 minutes 56 seconds West a distance of 4,724.33 feet to the point of beginning.
