A. Permitted principal uses of buildings and structures are as follows:
(1) Detached single-family dwellings.
(2) Two-family dwellings.
(3) Multifamily dwellings.
(4) Clubhouse/community buildings.
(5) Open space and recreational uses and facilities.
(6) Retention drainage basin(s) and related structures; provided, however, that said basin(s) is (are) designed and used as an amenity and for aesthetic purposes, as well as for drainage, flood control, water recharge and fire-protection purposes.
(7) The following may be permitted within a PRC. If, however, the following are provided, they shall be located within the PRC and not on the perimeter of the development; they shall be for the exclusive use of the residents of the PRC and their guests; and they shall not consume more than 5% of the gross area of the tract of the PRC:
(a) Cultural facilities.
(b) Facilities reserved for doctors, dentists, medical clinics, first aid facilities, other related medical facilities and opticians to fulfill the professional needs of the residents of a PRC.
(c) A church use; provided, however, that it is located within the clubhouse/community building; schools for religious education and parish houses and convents shall not be permitted.
(d) Principal uses permitted in the Neighborhood Commercial Zone.
(8) Fire stations.
(9) First aid stations.
(10) Raising of horses and other livestock.
(11) Essential services.
(12) Golf courses.
B. Permitted accessory uses of buildings and structures are as follows:
(1) Fences and walls, subject to the provisions of § 244-190.
(2) Gatehouse.
(3) Off-street parking and garages, subject to the provisions of §§ 244-197 and 244-198. [Amended 6-8-1998 by Ord. No. 15-98]
(4) Satellite dish antennas, subject to the provisions of § 244-165.
(5) Sheds (garden, storage or tool): A maximum of one shed shall be permitted per residential lot.
(6) Signs, subject to the provisions of § 244-207.
(7) Accessory uses, buildings or structures necessary for the administration and/or maintenance of the infrastructure, streets, off-street parking facilities, drainage facilities, recreational facilities, open space areas and other facilities and areas which become the maintenance responsibility of the homeowners' association of a PRC.
C. Conditional uses, subject to the provisions of Article VIII of this chapter, are as follows:
(1) Public utilities (§ 244-128).
(2) Age-restricted multifamily dwellings subject to the following conditions: [Added 12-27-1999 by Ord. No. 27-99]
(a) The multifamily units are located on that portion of existing Block 80, Lot 6, west of the approximate hypothetical southerly extension of the easterly edge of Tilford Street right- of-way across the full width of Lot 6.
(b) The age-restricted multifamily dwellings comprise the low- and moderate-income housing component of Affordable Housing Site No. 3 pursuant to the Township's approved housing element of the Master Plan and Fair Share Plan.
(c) The development shall be subject to a developer's agreement with the Township.
(d) The primary access to the development shall be from South Boston Road. Improvements to South Boston Road shall be made at the cost of the developer and shall be included in the developer's agreement. Secondary or emergency access to the development shall be provided.
(e) The number of low- and moderate-income units within the development shall not exceed by more than 5% the set-aside requirements established pursuant to § 244-224A(1).
(f) The developer of low- and moderate-income rental units developed pursuant to this subsection shall receive a credit against the number of low- and moderate-income units required pursuant to § 244-224A(1). Such credit shall be earned at a rate of one dwelling unit of credit per three low- and moderate-rental units constructed and occupied, and further provided that the maximum total of units credited for the project shall be 19. Any such crediting shall be subject to the required developer's agreement.
(g) The maximum permitted density shall be 22 dwelling units per gross acre.
(h) The minimum lot area shall be five acres.
(i) To the maximum extent practicable, measures shall be incorporated into the design of the low- and moderate-income section of the development to foster the image that the units are an integral part of the overall PRC. Such measures shall include, as a minimum, architectural and aesthetic compatibility and inclusion within the confines of any security gating.
(j) The following additional requirements shall apply:
[1] Setback from public streets. All parking areas and other aboveground improvements, with the exception of access drives or access roadways, landscaping and screening areas, shall be set back a minimum of 35 feet from the right-of-way of all public streets. Principal buildings shall be set back a minimum of 55 feet from the right- of-way of all public streets.
[2] Setback from other property lines. All parking areas and other aboveground improvements including access drives, with the exception of landscaping and screening areas, shall be set back a minimum of 30 feet from all side and rear lot lines.
[3] Minimum distance between principal buildings:
[a] Any building, side wall to side wall, shall have a minimum distance of 30 feet between the midpoint of said walls and/or a minimum distance of 25 feet between the side wall corners.
[b] Any building, side wall to front or rear building walls, shall be a minimum distance of 40 feet between the midpoint of said walls and/or a minimum distance of 30 feet between the side wall building corner and front or rear wall.
[c] Any front-to-rear, front-to-front or rear-to-rear building wall shall have a minimum distance of 50 feet between the midpoint of said walls and/or a minimum distance of 40 feet between the building wall corners.
[4] Courtyards. Courtyards bounded on three or more sides by wings of the same building or by the walls of separate buildings shall have a minimum court width of three feet for each one foot in height of the tallest building or building wing.
[5] Building length. No principal building, when viewed from any elevation, shall be greater than 425 feet in length.
[6] The maximum permitted principal building height shall be 35 feet and not more than three stories, subject to the provisions of § 244-156. The maximum permitted height of any accessory structure shall be 20 feet.
[7] Garages and/or carports, when not attached to a principal building, shall be located no closer than 30 feet to a principal building.
[8] Distance between principal buildings and internal drives. No multifamily dwellings shall be located closer than 30 feet to any access drive or internal roadway.
[9] Distance between principal buildings and parking areas. No principal building shall be located closer than 15 feet to any parking area, except for access aisles or driveways to garages and/or carports which are attached to principal buildings.
[10] Garage and/or carport parking spaces shall not be counted toward meeting off-street parking requirements, unless the garage or carport space has a driveway in front of it which is a minimum of 20 feet in depth and which driveway is adjacent and accessible from an access aisle or internal roadway.
[11] Refuse storage. For multibuilding development, there shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and screened and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any unit which it is intended to serve and shall be properly screened. For single or two building multifamily development, plans shall be submitted to the Planning Board demonstrating the adequacy of refuse storage and removal.
[12] Outdoor lighting. Interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case shall such lighting be less than is required to provide a minimum lighting level of 0.5 horizontal footcandle throughout such areas from dawn to dusk. Where necessary, lights shall be shielded to avoid glare disturbing to occupants of the buildings. Lighting shall be so arranged as to reflect away from all adjoining residential buildings.
[13] Recreation. Passive recreation areas, such as pathways, natural woods and fields, seating areas and lawns, shall be provided, suitably arranged, throughout the site. In addition, an active recreation area shall be provided.
[14] Concrete walkways, at least four feet wide or of such other dimension and composition as may be approved by the Planning Board, shall be provided where normal pedestrian traffic is likely to occur.
[15] The maximum number of dwelling units in a building shall be 95.
[16] Off-street parking shall be provided in accordance with RSIS standards.
[17] The minimum unoccupied open space shall be 30%.
[18] No use, building or structure shall be constructed, placed, located or erected within 50 feet of an exterior boundary of the PRC, with the exception of entrance roadways, gatehouses, signs, utilities, fences or walls.
[19] The following provisions of § 244-53 shall not be applicable to age-restricted multifamily residential dwellings otherwise developed in accordance with the requirements of this § 244-53C(2): Subsection D(1)(a), (b), (c) and (d); Subsection E(1), (2) and (3); Subsection N; Subsection T; and Subsection W(1), (2), (3) and (4).
D. Area, yard and building minimum requirements are as follows:
(1) Minimum tract requirements.
(a) Tract area. The minimum tract area for a PRC shall be 100 contiguous acres under one ownership or control.
(b) Tract frontage. The minimum tract frontage for a PRC shall be 250 continuous feet and shall be located on an existing minor arterial or major collector, as shown on the Circulation Plan Exhibit adopted as part of the Jackson Township Master Plan.
(c) Tract width. The minimum tract width for a PRC shall be 250 feet.
(d) Tract depth. The minimum tract depth for a PRC shall be 250 feet.
(2) Lot and building requirements (in feet).[Amended 11-19-1998 by Ord. No. 28-98]
NOTES:
1 Along each street.
3 Notwithstanding the bulk requirements for lots for two-family dwellings set forth in this section, fee simple units with a duplex shall be permitted, provided the combined lots for each duplex building shall meet the bulk requirements of this section.
4 Notwithstanding the minimum lot width requirement for detached single-family dwellings, a maximum of 20% of the detached single-family lots within a PRC may have minimum lot widths of at least 50 feet, but less than 55 feet, provided all dwelling units within the PRC are detached single-family units and further provided that all other bulk requirements are met.
5 No combined setback required if one side yard is zero as part of duplex.
(a) The maximum permitted building height for principal buildings shall be 35 feet, subject to the provisions of § 244-156. In any event, no building shall contain more than three usable floor levels, counted vertically at any point in the building above the grade level, as determined by the average grade elevation of the corners of the building.
(b) The maximum permitted height of any accessory structure which is located on the same lot as the principal building it is intended to serve shall be 15 feet.
(c) The maximum permitted height of water towers and other similar structures shall be established by the municipal agency on an individual basis.
E. Buffer area.
(1) No use, building or structure shall be constructed, placed, located or erected within 50 feet of the exterior tract boundary of the PRC, with the exception of entrance roadways, gatehouses, signs, utilities, fences or walls; provided, however, that the approving authority may require a buffer of up to 100 feet along portions of the tract boundary where it adjoins existing development and in its reasonable discretion such additional buffer is warranted.
[Amended 11-19-1998 by Ord. No. 28-98]
(2) No portion of the tract buffer area shall be part of a private residential or nonresidential lot, but instead shall be part of the common open space used and maintained by the homeowners' association.
(3) All buffer areas shall be in accordance with the provisions of § 244-50E(2), (3) and (4).
F. Building length. No building, viewed from any elevation, shall be greater than 200 feet in length.
G. Courtyards. Courtyards bounded on three or more sides by wings of the same building or by the walls of separate buildings shall be a minimum court width of three feet for each one foot in height of the tallest building or building wing.
H. Density.
(1) The maximum permitted gross residential density of a PRC shall be four dwelling units/acre.
(2) The maximum permitted net residential density of a PRC shall be six units/acre.
I. Distances.
(1) Distances between principal buildings (multifamily, greater than four dwelling units). The minimum distances between buildings shall be as follows:[Amended 11-19-1998 by Ord. No. 28-98]
(a) Any building side wall to side wall shall have a minimum distance of 30 feet between the midpoint of said side walls and/or a minimum distance of 25 feet between the side wall corners.
(b) Any building side wall to front or rear building walls shall be a minimum distance of 40 feet between the midpoint of said walls and/or a minimum distance of 30 feet between the side wall building corner and front or rear wall building corner.
(c) Any front-to-rear, front-to-front or rear-to-rear building wall shall have a minimum distance of 50 feet between the midpoint of said walls and/or a minimum distance of 40 feet between the building wall corners.
(2) Distance between principal buildings and internal access drives or internal roadway. No multifamily dwellings shall be located closer than 30 feet to the curbline of any internal access drive or internal roadway.
(3) Distance between principal buildings and parking areas. No principal building shall be located closer than 20 feet to the curbline of any parking area, except for access aisles or driveways to garages and/or carports which are attached to principal buildings, where the minimum distance shall be 25 feet.
J. Dwelling units per building. No more than 16 dwelling units shall be permitted in any multifamily building, provided that multifamily buildings containing more than 16 units, but not exceeding 48 units per building, shall be permitted subject to all of the following limitations: [Amended 2-11-2008 by Ord. No. 06-08]
(1) The PRC includes an affordable housing set aside, in accordance with the Township's Housing Element and Fair Share Plan, to be satisfied by the on-site construction of the affordable units;
(2) Not more than 30% of the total number of dwelling units in the PRC shall be located in multifamily buildings containing more than 16 dwelling units;
(3) No multifamily building containing more than 16 dwelling units shall be located within 100 feet of any Township street;
(4) The cumulative total of dwelling units in multifamily buildings containing in excess of 16 dwelling units and having a common primary access point to a public street shall be 144; and
(5) Notwithstanding the provisions of § 244-53C(2)(j)[6], the maximum permitted building height of multifamily buildings containing more than 16 dwelling units shall be 42 feet and not more than three stories and require sloping roofs; however, the Planning Board may grant exception to the sloping roof requirement to promote green building design features.
K. Garages and/or carports. Garages and/or carports, when provided in a PRC, shall be done so in accordance with §§ 244-501, 244-197 and 244-198. [Amended 6-8-1998 by Ord. No. 15-98]
L. Homeowners' association. A homeowners' association, composed of all of the residents of a PRC, shall be created and shall be responsible for the activities per § 244-50J.
M. Improvements. Unless specified otherwise herein, all public and private improvements on the site of a PRC shall comply with the standards, criteria and requirements of this chapter.
N. Landscaping. Landscaping within a PRC shall be provided in accordance with the requirements of § 244-193.
O. Laundry equipment. No outside area or equipment shall be provided for the hanging or outside airing of laundry in any manner.
P. Lighting. All interior development roads, parking areas, dwelling entranceways and pedestrian walks of a PRC shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case shall such lighting be less than what is required to provide a minimum lighting level of 0.5 horizontal footcandle throughout such areas from dusk to dawn. Lights shall be shielded to avoid glare disturbing to occupants of the buildings and shall be so arranged as to reflect away from all adjoining properties.
Q. Open space and recreation. A minimum of 25% of the tract area shall be provided as open space and recreation in accordance with the requirements set forth in §§ 244-500(2) through (8), (9)(a) through (c) and (10) through (12) and 244-199. [Amended 11-19-1998 by Ord. No. 28-98]
R. Parking. [Amended 6-8-1998 by Ord. No. 15-98]
(1) Off-street parking shall be provided in accordance with the requirements of § 244-197 or as otherwise provided pursuant to the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1). [Amended 11-19-1998 by Ord. No. 28-98]
(2) Off-street parking shall comply with the requirements set forth in § 244-50P.
S. Sectionalization and staging plan. A sectionalization and staging plan for the construction of a PRC shall be submitted as part of the preliminary site plan application and shall comply with the requirements set forth in § 244-50Q.
T. Sidewalks and aprons. Sidewalks and aprons shall be provided in accordance with the provisions of § 244-203 and shall be designed and constructed as part of an integrated sidewalk system within a PRC.
U. Solid waste storage.
(1) Solid waste storage shall be provided in accordance with the provisions of § 244-208.
(2) Solid waste storage areas shall be in accordance with the provisions of § 244-50S(2), (3) and (4).
V. Streets (internal).
(1) All streets within a PRC shall be provided in accordance with the requirements of §§ 244-210 and 244-211 or as otherwise provided pursuant to the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1). [Amended 11-19-1998 by Ord. No. 28-98]
(2) No street, driveway, parking aisle or parking area located within a PRC shall have a name which will duplicate or so nearly duplicate so as to be confused with the names of any other existing public or private street located within the Township of Jackson. All names shall be subject to the approval of the municipal agency.
W. Dwelling units.
(1) Unit elevations. Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination.
(2) Unit offset. Not more than two consecutive dwelling units in the same building shall be constructed without setbacks, offsets and/or breaks in the front and rear building elevations of at least four feet.
(3) Unit storage. Each attached dwelling unit shall contain a minimum of 200 cubic feet of storage space within the walls of said unit. In addition to storage which may be provided inside individual units in a multifamily building, there shall be provided 200 cubic feet, per dwelling unit, of storage where personal effects and belongings may be stored. Such storage shall be conveniently located and be capable of being locked and separate from the belongings of other occupants.
(4) Unit width. Each attached dwelling unit shall have a minimum width of 18 feet.
X. Utilities.
(1) No individual wells or individual sewage disposal systems shall be permitted, and each building shall be serviced with said utilities by a central supply or disposal system which is approved by the Jackson Township Board of Health, Jackson Township Municipal Utilities Authority and other controlling agencies. No building permit shall be issued unless and until plans for such facilities have been submitted to the proper authorities for approval and adequate provisions are made to ensure that such necessary facilities shall be installed.
(2) All dwelling units and clubhouses/community buildings shall be connected to an approved and functioning public water supply system and sanitary sewer system prior to the issuance of any certificate of occupancy.
(3) All utility lines leading to and within the site of a PRC shall be installed underground.
Y. General development plan approval permitted. [Added 12-27-1999 by Ord. No. 26-99]
(1) A developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned retirement community pursuant to the Municipal Land Use Law, 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.
(2) The general development plan shall set forth the permitted number of dwelling units and the residential density ratio for the planned retirement community, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned retirement community 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.
(3) 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 Y(4) of this section, except that the term of the effect of the approval shall not exceed 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. 40:550-1 et seq.).
(4) 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 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.
(5) The following details shall be submitted as part of the general development plan:
(a) A general land use plan indicating the tract area and general location of the land uses to be included in the planned development at a scale of not smaller than one inch equals 200 feet. The total number of dwelling units proposed shall be set forth and a residential density shall be provided.
(b) A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development.
(c) An open space plan showing the proposed land area and a general location of parks and any other land areas 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, recreational lands and community buildings.
(d) 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.
(e) A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site.
(f) 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 of the site.
(g) 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.
(h) A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to Jackson Township pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et al.) will be fulfilled by the development.
(i) 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.
(j) A fiscal report describing the anticipated demand on municipal services to be generated by the planned retirement community and any other financial impacts to be faced by Jackson Township as a result of the completion of the planned retirement community. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, Township and school district according to the timing schedule provided under Subsection Y(5)(k) of this section, and following the completion of the planned development in its entirety.
(k) 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 planned development prior to the completion of the development in its entirety.
(6) A municipal development agreement, which shall mean a written agreement between Jackson Township and a developer relating to the proposed planned retirement community.
(7) Required findings of the Planning Board. Prior to approval of a general development plan, 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 the zoning ordinance standards for planned retirement community development.
(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.
(8) In addition, the Board may set forth those conditions which it deems necessary to protect the interests of the general public, and the residents and occupants of the planned retirement community. Such conditions shall be predicated on the following criteria:
(a) That each stage of development shall include required open space in proportion to that part of the total residential development units in the planned retirement community. Such open space shall include both recreation and conservation uses accessible to the resident population within the planned retirement community.
(b) That the size and timing of successive stages of a planned retirement community shall be conditioned upon the availability and provision of suitable capacity of facilities such as arterial highways, primary roadways of Ocean County, primary roadways of Jackson Township, sewer, water, stormwater drainage, and other services whose capacities must be expanded as a result of the development of the retirement community.
(9) General development plan; timing schedule modification. 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 need for residential units within Jackson Township and the region, and the availability and capacity of public facilities to accommodate the proposed development.
(10) General development plan hearing on modifications required.
(a) The developer may make amendments or revisions to the general development plan. However, the developer shall be required to gain the prior approval of the Planning Board if, after approval of the planned retirement community, the developer wishes to make any variation in the location of land uses or to increase the density of residential development.
(b) Any variation in the location of land uses or increase in density 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 Department of Environmental Protection pursuant to P.L. 1979, c. 111 (N.J.S.A. 13:18A-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.
(11) General development plan on modifications not required. Once a general plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer approved by the Planning Board.
(12) Certification upon completion; failure to complete or comply; 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, 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 as set forth in the approved general development plan and pursuant to Section 15 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-133).
[1] 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.
[2] 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, 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 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 plan. If, after such a hearing, the Township finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.
(b) In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the Township shall have cause to terminate the approval.
(13) General development plan satisfactory 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 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 unit 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.
(14) General development plan approval procedure.
(a) The Planning Board shall grant or deny general development plan approval within 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.
