The Planning Board is authorized to approve planned developments in order to promote flexibility in the arrangement of land uses in accordance with this chapter and pursuant to the provisions of N.J.S.A. 40:55D-39 and to grant approvals to general development plans consistent with the provisions of N.J.S.A. 40:55D-45.

a. Application Requirements.

In addition to the application requirements of this chapter for major subdivision and site plan approval, the application for preliminary approval of a planned unit development within the waterfront development district shall include:

1. A Common Open Space/Recreational Facilities Map, showing all areas of the site to be designated as common open space and recreational facilities and the designation of each area according to its proposed use, and the type, size and general location of planting or other screening techniques to be used in designated buffer areas and to show the type and location of all recreational facilities, walkways, marinas and other related uses and facilities.

2. An open space report outlining the form of organization proposed to own and maintain the common open space.

3. A sewer and water report containing an explanation of plans to tie into existing sewer and water facilities, including the status of efforts to have such tie-ins approved by the appropriate authorities, and calculations of the water demand and sewage generation anticipated from the proposed development and the available capacities of the sewer and water facilities.

4. A traffic report, made by a qualified traffic engineer, containing calculations of the number of motor vehicles expected to enter or leave the site for an average peak hour and an evaluation of the ability of the internal circulation plan and the external access roadways, including the two (2) nearest intersections on collector roadways to handle this anticipated traffic.

5. Development schedule date, if the proposed construction is to extend over more than one (1) year.

(a) A schedule map, showing the location of each successive annual phase of the development.

(b) A schedule report listing, by each annual phase, the number of residential units by type, the square footage for commercial construction the type of open space structures and improvements.

6. A fiscal impact report indicating the impact of the project on city services and the school system.

7. A modification report, if applicable, showing the modifications of city standards requested, along with supporting documentation.

8. An environmental impact statement as set forth in Section 33-4.9 of this chapter. The EIS shall include an Environmentally-Sensitive Areas Map, showing all areas which may be environmentally affected by the site, including but not limited to wetlands, floodplains, soils with poor bearing capacities or poor drainage, or other features critical to the site.

b. Findings by the Planning Board.

Prior to granting approval to any planned development, the Planning Board shall find the following facts and conclusions:

1. That departures by the proposed development from zoning regulations, otherwise applicable to the subject property, conform to Zoning ordinance standards pursuant to N.J.S.A. 40:55D-65C.

2. That the proposals for maintenance and conservation of the common open space are reliable and that the amount, location and purpose of the common open space are adequate.

3. That provision 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.

4. That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

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

c. Site Plans.

Site plans for planned developments shall conform to the requirements for conventional site plans as well as to the requirements for planned developments. In the event of a conflict, the planned development requirements shall supersede site plan requirements. The following additional requirements shall be satisfied prior to final approval.

1. The staging proposals for any planned development shall ensure that each stage shall encompass a balanced mix of land uses in proportion to the mix for the entire development and that each stage shall provide for completion of all streets, utilities and services necessary for the section whether located within or outside the section.

2. The Planning Board may authorize a greater concentration of density or intensity within a stage but only where offset by a lesser concentration in any completed prior stages or offset by an appropriate reservation of open space on the remaining land by grant of easement or covenant in favor of the municipality.

3. The legal documents proposed to provide for deed restrictions, cross access agreements and cross maintenance agreements have been submitted and found to satisfactorily provide for the public's interests.

4. All open space created shall be set aside as a separate parcel and maintained for the benefit of the owners and/or occupants of the development in accordance with N.J.S.A. 40:55D-43.

d. Subdivision Plats.

Subdivision plats for planned developments shall conform to the requirements for conventional subdivision plats as well as to the requirements for planned developments. In the event of a conflict, the planned development requirements shall supersede subdivision plat requirements. The following additional requirements shall be satisfied prior to preliminary approval.

1. The staging proposals for any planned development shall ensure that each stage shall encompass a balanced mix of land uses in proportion to the mix for the entire development and that each stage shall provide for completion of all streets, utilities and services necessary for the section whether located within or outside the section.

2. The Planning Board may authorize a greater concentration of density or intensity within a stage but only where offset by a lesser concentration in any completed prior stages of offset by an appropriate reservation of open space on the remaining land by grant of easement or covenant in favor of the municipality.

3. The legal documents proposed to provide for deed restrictions, cross access agreements and cross maintenance agreements have been submitted and found to satisfactorily provide for the public's interests.

4. All open space created shall be set aside as a separate parcel and maintained for the benefit of the owners and/or occupants of the development in accordance with N.J.S.A. 40:55D-43.

5. The Planning Board shall determine the appropriateness of proposed dedications of open space prior to granting subdivision approval. Unless dedicated for public use, organizations shall be established for the ownership and maintenance of all open space parcels pursuant to the provisions of N.J.S.A. 40:55D-43.

e. Effect of Approval.

1. Preliminary approval of a planned unit development shall confer upon the applicant all rights granted under N.J.S.A. 40:55D-49.

2. Final approval of a planned unit development shall confer upon the applicant all rights granted under N.J.S.A. 40:55D-52.

(Ord. No. O-01-46 § 32-8.1)