A. Submission required. When an applicant proposes an application that meets the definition and criteria for planned development, a general development plan application in form, content, and number as required herein may be submitted.
B. Minimum tract area. The minimum land area for the submittal of a general development plan application shall be greater than twenty (20) acres.
C. Minimum review time period. The applicant shall submit to the Administrative Officer an application and associated documentation at least thirty (30) days prior to a regularly scheduled meeting.
D. Review by professionals. The Municipal Engineer, Planner, and/or other professional shall review all aspects of the application and shall expeditiously report their findings to the Board.
E. Determination of completeness. The Board or its designee shall determine the completeness of the application in accordance with this Chapter. No application shall be scheduled for a public hearing unless it is determined to be complete.
F. Public notice and hearing. If the application is found to conform to the definition of a general development plan and is complete, the Board shall formally determine that a complete application has been submitted, and shall set a time and date for public notice and 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 Administrative Officer. Public notice shall be given in accordance with this Chapter. All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing.
G. Substantial amendment. 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.
H. Remainder of tract. Any lands contemplated for development under the provisions of the general development plan shall be included in the application.
I. Board action on applications.
1. Review of plan. The Board shall act upon the application after it has sufficiently reviewed the application, that the Board professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request for development approval to the Board, and that the concerns of other interested persons have been considered.
2. The Board shall grant, grant with conditions, or deny the application for a general development plan within ninety-five (95) days of the date of determination that a complete application has been submitted to the Board 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 site plan.
3.Findings for planned unit developments. Prior to the approval by written resolution of a general development plan for the initial approval of a planned unit 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 zoning ordinance standards adopted pursuant to N.J.S.A. 40:55D-65c of the Municipal Land Use Law;
(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 planned unit 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 unit development shall not have an unreasonably adverse impact upon the area in which it is proposed to be established;
(e) In the case of a proposed planned unit development that contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and the residents, occupants, and owners of the proposed development in the total completion of the development are adequate.
4.Contents of written hearing resolution. The decision and resolution of the Board shall be in writing in accordance with N.J.S.A 40:55D-10g through -10i and shall include not only conclusions, but also findings of fact related to the specific proposal; shall set forth the reasons for the grant, with or without conditions, or for the denial; and shall set particularly 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:
(a) Whether the plan is in general conformity with the provisions of the Master Plan of the Township of Neptune.
(b) In what respects the plan is or is not consistent with the statement of objectives for planned unit development as set forth in Article I.
(c) The extent to which the plan departs from zoning and 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.
(d) 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.
(e) 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 traffic and further the amenities of light and air, recreation, landscaping, and visual enjoyment.
(f) The relationship, beneficial or adverse, of the proposed planned unit development to the neighboring area in which it is proposed to be established.
(g)In the case of a plan that proposes development over a period of five (5) or more years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents and owners of the planned unit development in the integrity of the plan, including the performance guarantees.
5.Conditions of general development plan approval. The Board may condition approval on terms ensuring the applicant's conformance to this Ordinance
6.Failure of the Board to so act within the required period(s) of time shall be deemed to be a grant of the general development plan approval of the plan as submitted. In the event that the general development plan approval is granted, other than by lapse of time, either of the plan as submitted or of the plan with conditions, the Township Planning Board, as part of its resolution, shall specify the drawings, specifications, and form of performance guarantee as provided by statute that shall accompany subsequent applications for site plan or subdivision approval. In the event that the general development plan approval is granted subject to conditions, the applicant shall within forty-five (45) days after receiving a copy of the written approval of the Township Planning Board, notify the Township Planning Board of the acceptance or refusal of all conditions.
(a) In the event the applicant agrees to all modifications and conditions made a part of the approval of a general development plan, the applicant and the Township shall enter into a Municipal Development Agreement pursuant to N.J.S.A 40:55D-45.2.1. which shall specify the terms and conditions to be honored by both parties to assure the implementation of the approved planned development.
(b) If the applicant refuses to accept all conditions, the Board shall be deemed to have denied general development plan approval.
(c) In the event the applicant does not within the required time period notify the Board of the acceptance or refusal to of the conditions of the general development plan approval, and in the event such lack of notice shall prevent the Board and the applicant from mutually agreeing to a change in such conditions, the Board, at the request of the applicant, may extend the time during which the applicant shall notify the Board.
(d) The Board may set forth those condition which it deems necessary to protect the interests of the general public, and the residents and occupants of the planned unit 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:
(i) That each stage of a planned unit development shall contain, within reasonable limits, a balance of commercial and residential uses, open space, and community facilities to assure that the planned unit development is a viable self-sustaining community unit at any given stage in its growth.
(ii) That each stage of development shall include required open space in proportion to that part of the total commercial and residential development units in the planned unit development that are to be developed in that stage. Such open space shall include both recreation and conservation uses accessible to the general public and open space which shall be physically proximate and accessible to the resident population within the planned unit development.
(iii)That the size and timing of successive stages of a planned unit development shall be conditioned upon the availability and provision of suitable capacity of facilities such as arterial highways, primary roadways of Monmouth County, primary roadways of Neptune Township, sewer, water, storm water drainage, and other services whose capacities must be expanded as a result of the development of the planned development.
7. Whenever review or approval of an application for development by the Monmouth County Planning Board is required pursuant to N.J.S.A. 40:27-6.3, the Board shall condition any approval upon the timely receipt of favorable action on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period.
8. Failure of the Board to act within the time period prescribed shall constitute approval, and a certificate of the Administrative Officer as to the failure of the Board to act shall be issued on the request of the applicant. Such certificate shall be sufficient in lieu of a resolution of approval and written endorsements and shall be accepted by the county recording officer for the purpose of filing.
J. Effect of approval.
1. A plan that has been given general development plan approval with conditions accepted by the applicant (and provided that the applicant has not defaulted under nor violated any of the conditions of the general development plan approval) shall not be modified, revoked or otherwise impaired by action of the Township or any of its present or future agencies or officers pending an application or applications for subdivision or site plan approvals for each section without the consent of the applicant provided that an application for subdivision or site plan approval is filed within five (5) years of the date upon which the general development plan has been approved.
2. In the event the developer has not applied for preliminary approval of a section or sections of an approved general development plan within five (5) years of the date upon which the general development plan was approved such approval may be terminated by the Planning Board upon written notice to the applicant.
3.The Planning Board may grant these rights for a period of time longer than five (5) years but not longer than twenty (20) years as shall be reasonable taking into consideration:
(a) The number of dwelling units and nonresidential floor area permissible under the general development plan approval;
(b) Economic conditions; and
(c)The comprehensiveness of the development.
4.The applicant may petition the Planning Board thereafter and the Planning Board may grant an extension of general development plan approval for such additional time period as shall be determined by the Planning Board to be reasonable taking into consideration:
(a)The number of dwelling units and nonresidential floor area permissible under the preliminary approval;
(b) The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
(c) Economic conditions; and
(d)The comprehensiveness of the development, provided that, if the design standards have been revised, such standards may govern
K. Distribution. 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:
1. Applicant;
2. Planning Board file;
3. Municipal Engineer;
4. Township Planner;
5. Construction Code Official;
6. Code Enforcement;
7. Tax Assessor;
8. Such other municipal, county or State agencies or officials as directed by the Board or in the resolution of approval.
A. Submission required. When an applicant proposes an application that meets the definition of a preliminary major subdivision or site plan, an application in form, content, and number as required by this Chapter shall be submitted.
B. Review by professionals. The Municipal Engineer, Planner, and/or other professional shall review all aspects of the application and shall expeditiously report their findings to the Board.
C. Determination of completeness. The Board or its designee shall determine the completeness of the application in accordance with this Chapter. No application shall be scheduled for a public hearing unless it is determined to be complete.
D. Public notice and hearing. If the application is found to conform to the definition. of a general development plan and is complete, the Board shall formally determine that a complete application has been submitted, and shall set a time and date for public notice and 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 Administrative Officer. Public notice shall be given in accordance with this Chapter. All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing.
E. Substantial amendment . If during the hearing on the submission, the Board requires any substantial amendment in the layout of the site 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.
F. Remainder of tract. Where the remaining portion of the original tract is of sufficient size to be developed further, the applicant may be required to submit a conceptual plan of the entire remaining portion of the tract to indicate a feasible plan whereby the site plan applied for, together with subsequent site plan(s) that may be submitted, shall not create, impose, aggravate, or lead to any adverse condition.
G. Board action on applications.
1. The Board shall act upon the application after it has sufficiently reviewed the application, that the Board professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request for development approval to the Board, and that the concerns of other interested persons have been considered.
2. The Board shall grant, grant with conditions, or deny the application for a preliminary site plan in accordance with:
(a) A site plan of ten (10) acres or less or ten (10) dwelling units or less within forty-five (45) days of the date of determination that a complete application has been submitted to the Board or within such time as may be consented to by the applicant, or
(b) A site plan of more than ten (10) acres or more than ten (10) dwelling units within ninety-five (95) days of the date of determination that a complete application has been submitted to the Board or within such time as may be consented to by the applicant.
(c)Upon failure of the Board to act within the aforementioned time periods, the Board shall be deemed to have granted preliminary approval to the site plan.
3. The decision and resolution of the Board shall be in writing in accordance with N.J.S.A. 40:55D-10g through -10i.
4. The Board may condition approval on terms ensuring the applicant's conformance to this Ordinance and any other applicable ordinance.
5. Whenever review or approval of an application for development by the Monmouth County Planning Board is required pursuant to N.J.S.A. 40:27-6.3, the Board shall condition any approval upon the timely receipt of favorable action on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period.
6. Failure of the Board to act within the time period prescribed shall constitute approval, and a certificate of the Administrative Officer as to the failure of the Board to act shall be issued on the request of the applicant. Such certificate shall be sufficient in lieu of a resolution of approval.
H. Effect of approval. The approval of a preliminary major site plan shall confer upon the applicant the following rights for a three (3) year period from the date of a preliminary approval:
1.That the general terms and conditions on which preliminary approval have been granted shall not be changed, including but not limited to, use requirements; layout and design standards for streets, curbs, and sidewalks, lot sizes, dimensions, yards, and improvements, whether on-tract or off.
2. That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.
3. That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of time of at least one year and not to exceed two years, provided that if the design standards have been revised by ordinance, such revised standards may govern at the discretion of the Board.
4.In the case of a site plan of fifty (50) acres or larger, the Board may grant these rights for a period of time longer than three (3) years as shall be reasonable taking into consideration:
(a) The number of dwelling units and nonresidential floor area permissible under the preliminary approval;
(b) Economic conditions; and
(c)The comprehensiveness of the development.
5.The applicant may petition the Board thereafter and the Board may grant an extension of preliminary approval for such additional time period as shall be determined by the Board to be reasonable taking into consideration:
(a) The number of dwelling units and nonresidential floor area permissible under the preliminary approval;
(b) The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
(c) Economic conditions; and
(d) The comprehensiveness of the development, provided that, if the design standards have been revised, such standards may govern.
6. Whenever the Board grants an extension of preliminary approval pursuant to this subsection and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
7. The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before, 1), what would otherwise be the expiration date of preliminary approval, or 2), the ninety-first (91 st) day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension otherwise permitted by this section.
I. Expiration of Approval. After the granting of an application for preliminary subdivision or preliminary site plan, the applicant shall file an application for final approval within five years of the date of approval, otherwise the approval shall be considered null and void.
J. Distribution. Upon the granting of site plan approval by the Board, copies of the approved documents, including the resolution of approval, shall be sent to:
1. Applicant;
2. Board file;
3. Municipal Engineer;
4. Municipal Planner;
5. Code Enforcement;
6. Construction Officer;
7. Tax Assessor;
8. Such other municipal, county or State agencies or officials as directed by the Board or in the resolution of approval.
