(A) Prior to GDP approval, the reviewing board shall schedule and conduct a public hearing on the matter. The applicant must comply with § 156.010 of this chapter regarding the requests for notice of a public hearing.
(B) The reviewing board shall approve or deny the GDP within 95 days of submitting a complete application, or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the period prescribed shall constitute GDP approval. A GDP may be granted approval conditioned on necessary county, state, municipal, or other approving or licensing agencies acting favorably on, or issuing, their permits and/or licenses as may be required.
(C) The GDP approval does not authorize the applicant to commence either construction or site work. The applicant must obtain subdivision and/or site plan approval, as applicable, prior to the commencement of either construction or site work.
(D) The reviewing board shall find the following facts and conclusions as part of a GDP approval:
(1) The departures by the proposed GDP from zoning otherwise applicable to the subject property conform to zoning ordinance standards set forth for the GDP planned development for the zone in which the property is located.
(2) That proposals for maintenance and conservation of any common open space are reliable, and the amount, location and purpose of the common open space are adequate.
(3) That provisions through the physical design of the proposed GDP for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.
(4) The proposed GDP will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5) That a GDP proposed to be constructed over a period of years has adequate 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.
(E) The reviewing board shall establish the term and effect of the GDP. The GDP, once approved, shall vest in the applicant the right to develop the specified number of dwelling units, the amount of nonresidential floor space, the residential density, and the nonresidential floor area ratio, as authorized by and for the term set forth in the GDP. The terms and conditions of the GDP shall also, to the extent specified, determine the extent and nature of the applicant's rights, obligations and responsibilities with respect to circulation, on and off tract improvements, open space, utilities, stormwater management, environmental preservation, community facilities, housing and local services.
(1) The term of effect shall not exceed 20 years from the date the applicant receives final approval of the first section of the GDP, or such lesser time approved by the reviewing board provided the approval period is at least five years. In making its determination regarding the duration of the term of effect of the GDP approval, the reviewing 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 applicant's capability of completing the proposed development, and the contents of the GDP and any conditions the reviewing board attaches to the approval thereof.
(2) The approval may be extended by the Planning Board for good cause for additional two year periods but the Planning Board shall have the right to include with each extension a requirement that the applicant comply with such additional conditions as the Planning Board may deem appropriate and in the public interest. In no case shall the term of the effect of the approval and any extensions exceed 20 years from the date upon which the applicant receives final approval of the first section of the planned development.
(3) The applicant shall, to the satisfaction of the township, construct required improvements or post sufficient bond, notes, or letters of credit, to insure that, in the event that the development is not fully developed prior to the expiration of the general development plan, that adequate recreational, circulation, utility, and community facilities shall be provided to the residents and occupants of those portions of the development which are completed.
(4) Approval of the general development plan does not relieve the applicant of the necessity to apply for preliminary and final site plan or subdivision approval for each and every section of the development and to fully comply with the requirements of this chapter.
(5) The Planning Board may condition approval upon compliance with any reasonable condition not in violation of the terms of this chapter or other applicable local, state or federal laws.