Bill Text: NJ S3048 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes planned developments for hospitals and higher educational facilities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-09-19 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3048 Detail]
Download: New_Jersey-2010-S3048-Introduced.html
Sponsored by:
Senator ROBERT W. SINGER
District 30 (Burlington, Mercer, Monmouth and Ocean)
Senator JOSEPH M. KYRILLOS, JR.
District 13 (Middlesex and Monmouth)
SYNOPSIS
Authorizes planned developments for hospitals and higher educational facilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning planned development for hospitals and higher educational institutions and amending P.L.1975, c.291.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3.3 of P.L.1975, c.291 (C.40:55D-6) ias amended to read as follows:
3.3. "Party immediately concerned" means for purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under section 7.1 of P.L.1975, c.291 (C.40:55D-12).
"Performance guarantee" means any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in section 16 of P.L.1991, c.256 (C.40:55D-53.5), and cash.
"Planned commercial development" means an area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
"Planned development" means planned unit development, planned unit residential development, residential cluster, planned commercial development [or] , planned industrial development, or planned institutional development.
"Planned institutional development" means an area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate hospitals or higher educational facilities and supporting land uses and any other uses incidental to the predominant use as may be permitted by ordinance.
"Planned industrial development" means an area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
"Planned unit development" means an area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.
"Planned unit residential development" means an area with a specified minimum contiguous or noncontiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.
"Planning board" means the municipal planning board established pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23).
"Plat" means a map or maps of a subdivision or site plan.
"Preliminary approval" means the conferral of certain rights pursuant to sections 34, 36 and 37 of P.L.1975, c.291 (C.40:55D-46; C.40:55D-48; and C.40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the planning board and the applicant.
"Preliminary floor plans and elevations" means architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
"Public areas" means (1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures.
"Public development proposal" means a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
"Public drainage way" means the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
"Public open space" means an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or county agency, or other public body for recreational or conservational uses.
"Public utility" means any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to R.S.48:2-13.
"Quorum" means the majority of the full authorized membership of a municipal agency.
"Receiving zone" means an area or areas designated in a master plan and zoning ordinance, adopted pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.), within which development may be increased, and which is otherwise consistent with the provisions of section 9 of P.L.2004, c.2 (C.40:55D-145).
"Residential cluster" means a contiguous or noncontiguous area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
"Residential density" means the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
"Resubdivision" means (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
(cf: P.L.2004, c.2, s.35)
2. This act shall take effect immediately.
STATEMENT
This bill would amend the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) to clarify that municipalities and developers may use the general development plan approval process for large applications to develop institutional uses such as hospitals and higher educational facilities. A general development plan (GDP) approval may be granted for a longer period of time than may conventional types of approvals.
Since 1987, the "Municipal Land Use Law" has authorized municipalities to adopt ordinances allowing the developer of a project greater than 100 acres in size to prepare a general development plan (GDP) and to submit the GDP for approval to the planning board. A recent enactment, P.L.2011, c.86, expanded the standards governing GDP approvals so that they now can apply to planned developments on smaller parcels of land if they consist of at least 150,000 square feet of nonresidential floor area or at least 100 residential dwelling units or a mixed use project of similar size. The "Municipal Land Use Law" definition of the term "planned development" specifically encompasses residential, commercial and industrial developments. Although the "Municipal Land Use Law" specifically allows developers to include hospitals and educational facilities in a planned development as supporting community facilities, the law does not recognize hospital and higher educational facilities as the primary purpose of a planned development.
