[HISTORY: Derived from Chapter XVI of the
1972 Revised General Ordinances, as amended through 10-1-1998. Subsequent
amendments noted where applicable.]
This chapter shall be known as and may be cited
as the "Site Plan Review Ordinance of the Township of Hardyston."
As used in this chapter, the following terms
shall have the meanings indicated:
A developer submitting an application for site plan review.
The approval required prior to issuance of a building permit
or other permit authorizing the development of land.
A comprehensive plan for the development of a planned development
as provided in N.J.S.A. 40:55D-45.2.
[Added 7-2-2007 by Ord. No. 2007-09]
A development plan for less than 100 square feet of additional
gross floor area or soil disturbance of between 1,000 and 4,999 square
feet of soil, provided that the site plan:
[Added 3-7-2000 by Ord. No. 2000-2]
Conforms to the zoning requirements;
Involves neither a planned development, a new
street or extension of any off-tract improvements which is to be prorated
pursuant to N.J.S.A. 40:55D-52; and
Contains the information reasonably required
to make an informed decision for approval of a minor site plan.
The Planning Board or Zoning Board of Adjustment, as the
case may be, and is synonymous with "reviewing agency" or "reviewing
board."
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 pertinent 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.
[Added 7-2-2007 by Ord. No. 2007-09]
A planned unit development, planned unit residential development,
residential cluster, planned commercial development, or planned industrial
development.
[Added 7-2-2007 by Ord. No. 2007-09]
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 a pertinent common area
to accommodate industrial uses and any other uses incidental to the
predominant use as may be permitted by ordinance.
[Added 7-2-2007 by Ord. No. 2007-09]
An area of a minimum of 10 contiguous or noncontiguous 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.[1]
[Added 7-2-2007 by Ord. No. 2007-09]
An area with a minimum of five contiguous or noncontiguous
acreage or more to be developed as a single entity according to a
plan containing one or more residential clusters which may include
appropriate commercial, public, or quasi-public uses primarily for
the benefit of the residential development.
[Added 7-2-2007 by Ord. No. 2007-09]
Indicates that the preliminary site plan as submitted meets
all requirements of applicable municipal ordinances and confers upon
the applicant all of the benefits provided for in N.J.S.A.
40:55D-49.
A contiguous or noncontiguous area to be developed as a single
entity according to a plan containing residential units which have
common or public open space area as an impertinence.
[Added 7-2-2007 by Ord. No. 2007-09]
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and any other information that may be reasonably
required in order to make an informed determination by the Board,
adopted pursuant to N.J.S.A. 40:55D-37 et seq.
[Amended 3-7-2000 by Ord. No. 2000-2]
An application to the reviewing agency requesting site plan
review and approval accompanied by all of the information required
by this chapter.
[Amended 3-7-2000 by Ord. No. 2000-2]
A.
All activities except the following shall require
site plan approval:
(1)
The construction, customary use and modification of
single-family or two-family dwellings, including any permitted accessory
buildings and uses incidental to the principal use of the property.
(2)
Any structure or use for which site plan approval
was granted prior to the effective date of this amendment (3-7-2000)
and that was developed in accordance with such approval.
(3)
Farm buildings and customary accessory buildings,
including agricultural stands and structures associated with farming.
(4)
Construction which is determined by the Construction
Official to constitute ordinary repairs, as defined by the State of
New Jersey Department of Community Affairs Uniform Construction Code.
(5)
Soil disturbance of less than 1,000 square feet in
total, no matter how long it takes, except that nothing shall be construed
to prevent the otherwise lawful excavating or cutting, stripping or
other change in the existing configuration of the land for the following
purposes and no others:
(a)
Gardening and farming for commercial and noncommercial
purposes.
(b)
The construction or reconstruction of curbs,
sidewalks, private residential driveways, drainage systems, sewage
disposal systems and other utility service connections, provided that
all other Township, county, state and district approvals have been
received.
(6)
If the Planning Board waives formal site plan review
and approval for site plans.
B.
A change in use or occupancy of a building or land
requires minor site plan approval if one or more of the following
criteria is met, as determined by the Zoning Officer when an applicant
applies for a building permit:
(1)
The previous use never received site plan approval.
(2)
The proposed use requires more off-street parking
than the previous use based upon the parking requirements of this
chapter.
(3)
The proposed use has significantly different hours
of operation than the previous use.
(4)
The proposed use has different loading requirements
that affect site circulation.
(5)
The proposed use involves the storage or handling
of chemicals or hazardous substances.
(6)
The proposed use requires a significant change in
exterior lighting, circulation and landscaping.
(7)
The proposed use will generate a greater amount of
solid waste requiring additional refuse receptacles than previously
required.
(8)
The proposed use requires a change in drainage and
stormwater management.
A.
Submission requirements for tentative approval. The
preliminary site plan and any engineering and architectural documents
required shall be in tentative form for discussion purposes for preliminary
approval. If the submission of the developer is found to be incomplete,
the developer shall be notified thereof within 45 days of the submission
of the application or it shall be deemed to be properly submitted.
B.
Time for decision.
(1)
Upon the submission to the Secretary of the municipal
agency of a complete application for preliminary site plan for 10
acres of land or less, the municipal agency shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the applicant.
(2)
Upon the submission of a complete application for
a preliminary site plan for more than 10 acres, the municipal agency
shall grant or deny preliminary approval within 95 days of the date
of such submission or within such further time as may be consented
to by the applicant. Otherwise, the municipal agency shall be deemed
to have granted preliminary approval of the site plan.
C.
Decisions.
(1)
The municipal agency shall, if the proposed development
complies with the requirements of this chapter, grant preliminary
site plan approval.
(2)
If the site plan is denied, the reasons for denial
shall be stated upon the records of the municipal agency.
(3)
The municipal agency, when acting upon applications
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of the provisions
for site plan review and approval in this chapter, if the literal
enforcement of one or more provisions of the chapter is impractical
or will exact undue hardship because of peculiar conditions pertaining
to the land in question, or relating to the proposed use. In any such
case, the municipal agency shall, in its resolution, set forth its
findings of fact and conclusion of law.
(4)
If the municipal agency acts favorably on the preliminary
site plan, the Chairperson and Secretary shall affix their signatures
to the site plan.
Preliminary approval of a site plan shall confer
upon the applicant the following rights for a three-year period from
the date of preliminary approval:
A.
That the general terms and conditions on which preliminary
approval was granted shall not be changed except as otherwise permitted
by N.J.S.A. 40:55D-49(a).
B.
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.
C.
That the municipal agency may grant extensions of
such preliminary approval for additional periods of at least one year,
but not to exceed a total extension of two years, provided that if
the design standards have been revised by ordinance, such revised
standards shall govern.
D.
The municipal agency may grant all of the above rights
for a period of time longer than three years for a site plan with
an area of 50 acres or more. Such length of time shall take into consideration
the number of dwelling units, the economic conditions and the comprehensive
development among others. The municipal agency may grant an extension
of preliminary approval for such additional periods of time as shall
be determined by the municipal agency and for the same reasons as
stated above.
The Secretary of the municipal agency approving
a preliminary site plan shall certify two full sets, on each page,
with an appropriate stamp showing date of approval, file number, Chairperson's
signature and Secretary's signature. One set shall be given to the
applicant and one set shall be retained in the official files of the
municipal agency.
An application for site plan review shall be submitted on forms supplied by the Municipal Clerk for such purpose and shall be submitted in accordance with the requirements of Chapter 33, Land Use Procedures. An application for site plan review shall be made in conjunction with an application for a use variance and shall be filed simultaneously with the application to the Zoning Board of Adjustment.
Each site plan shall provide for the following:
B.
Safe and efficient vehicular and pedestrian circulation.
C.
Off-street parking and loading.
D.
Adequate screening and landscaping, and appropriate
location of structures.
E.
Lighting plans shall be designed
to provide adequate lighting for safety while encouraging energy conservation
and preventing annoying and destructive light pollution.
[Amended 10-10-2018 by Ord. No. 2018-10]
F.
Streets within the land development shall be of sufficient
width and suitable grade and suitably located to accommodate prospective
traffic and to provide access for fire fighting and emergency equipment
to buildings and shall be coordinated so as to compose a convenient
system consistent with the circulation element of the Master Plan.
No street shall be required of a width greater than 50 feet with the
right-of-way line unless said street constitutes an extension of an
existing street of a greater width or already has been shown on the
Master Plan at a greater width.
G.
Adequate water supply, drainage, shade trees, sewage
facilities and other utilities necessary for essential service to
residents and occupants.
H.
Any area reserved for public use shall be of suitable
size, shape and location to serve its intended purposes.
I.
Any open space to be set aside as part of a residential
cluster shall comply with those provisions and as provided for by
N.J.S.A. 40:55D-1 et seq.
J.
No development shall take place in a delineated floodway
area, and shall be permitted in a delineated flood-fringe area only
where it is determined by the Municipal Engineer that the first floor
elevation will be above the flood level, and that construction and
landfilling will not significantly increase flooding in other areas.
K.
Adequate protection and conservation of soils through
the submission of an erosion and sedimentation control plan approved
by the appropriate authority for all site plans that will result in
disturbance of 5,000 square feet of land or more.
L.
Standards for the grading, improvement and construction
of streets or driveways and for any required walkways, curbs, gutters,
streetlights, fire hydrants and water, drainage, sewage facilities
and other improvements found necessary shall be as provided to the
developer by the Municipal Engineer. Where certain utilities to be
installed are under other governmental authority or jurisdictions,
the standards shall be provided by those jurisdictions and shall be
adhered to by the developer. A letter approving the proposed installations
and a statement as to who will carry out the construction shall be
required.
M.
Any off-tract water, sewer, drainage or street improvements required as a result of land development shall be paid for by the developer on a pro rata basis as determined by the municipal agency. Said costs shall be determined by proportioning said benefit to the site in relation to the benefit of the entire area being served, as specified in the standards set forth in Chapter 158, Subdivision of Land.
N.
All taxes and assessments against the site shall be
paid prior to any preliminary approval.
O.
Fire protection facilities. The purpose of this
subsection is to ensure that adequate fire protection facilities are
provided within residential developments. In the CR and R-4 Zones,
a public potable and fire suppression water system shall be provided
in accordance with the Residential Site Improvements Standards (RSIS),
N.J.A.C. 5:21-1.1 et seq., for residential developments utilizing
sewage collection and treatment. In all other zones, a fire suppression
water system shall be provided for all residential preliminary major
subdivisions and all major preliminary site plans for nonresidential
developments proposing new construction in excess of 1,000 square
feet or where a change of use from a non-life-hazard to a life-hazard
use as identified by the New Jersey Uniform Fire Code and the New
Jersey Uniform Construction Code is to occur. The system shall be
installed in accordance with the following standards:
[Added 4-25-2006 by Ord. No. 2006-03; amended 12-7-2010 by Ord. No.
2010-13; 10-11-2017 by Ord. No. 2017-07]
(1)
Where a public or private central water supply is available and has
been approved by the Township of Hardyston, fire hydrants shall be
installed to provide a source of water for firefighting. Where a public
or private central water supply is not available for a residential
subdivision, underground water storage tanks shall be located and
installed within the development. The location of the tank shall be
approved by the reviewing board with input from the Hardyston Fire
Department. Any fire-suppression tank provided shall be located such
that the distance from the proposed suction point for the tank to
the required building setback line of each proposed lot shall not
exceed 2,000 feet. This length shall be measured along the center
line of the right-of-way. This distance shall also include the length
of the driveway, measured along the driveway for flag lots and lots
with common driveways. When more than one tank is required to meet
this requirement, the spacing between tanks shall not exceed 3,000
feet. Each tank shall be located within the public right-of-way or
an easement acceptable to the Township of Hardyston.
(a)
Tanks constructed to service residential subdivisions that will not have a homeowners' association shall be dedicated to the Township. Regular, quarterly inspections shall be performed by the Township Fire Official pursuant to Chapter 94 of the Township Code to ensure operability.
[1]
The maintenance for tanks constructed to service residential subdivisions in which the roads have not been dedicated to the Township will be the responsibility of the developer or the community association (whichever has majority interest in the property) until it is formally dedicated to the Township. Regular, quarterly inspections shall be performed by the Township Fire Official pursuant to Chapter 94 of the Township Code to ensure operability.
(b)
For nonresidential sites, underground water tanks shall be installed
in a location acceptable to the reviewing board with input from the
Hardyston Fire Department.
(c)
All tanks must have paved access within seven linear feet of its suction point. Alternate materials may be utilized to provide access to the tank after approval by the Township Engineer and Hardyston Fire Department. A protective barrier must be placed in front of the tank in order to prevent damage to the tank, subject to approval by the Township Engineer. A permanent sign, in accordance with the requirements of Chapter 94, § 94-15, of the Township Code, shall be installed at every tank location to show the existence and capacity of such tank. In addition, when tanks are located in the vicinity of a roadway or parking area, fire lanes shall be established and maintained pursuant to the requirements of Chapter 94 of the Township Code.
(d)
The minimum capacity of every underground
storage tank within a residential subdivision shall be 20,000 gallons.
Tank capacities for nonresidential developments shall be based on
the highest degree of hazard of the principal structures to be protected,
but in no case shall the tank capacity be less than 20,000 gallons.
The fire protection systems shall be approved by the reviewing board
with input from the Hardyston Fire Department. Unless an equivalent
alternate fire protection system in compliance with the Uniform Construction
Code is authorized by the reviewing board, underground water storage
tanks will be provided and shall be constructed and installed as follows.
All underground water storage tanks shall be (minimum) single-walled
fiberglass construction. The tank shall be installed in accordance
with the manufacturer's recommendations and NFPA standards. Tanks
shall, at a minimum, include the following features:
[1]
One flange with six-inch draw tube.
[2]
Four four-inch flanges.
[3]
Six-inch dry hydrant NST female connection; each connection
must have internal conical strainer, snap ring, and yellow dust cap.
PVC pipe must pass through all adapters into tank.
[4]
A functional and operational water level gauge of suitable design
shall be provided. The gauge shall be of a size that insures it is
legible from the street.
[5]
Four-inch fill connection with two two-and-one-half-inch NST
female connections with dust caps.
(e)
This water supply is intended solely for minimal first-attack
storage.
(f)
In all subdivisions where a fire protection system is required,
no building permit shall be issued for a principal structure upon
any lot within the subdivision or development until fire protection
to the extent necessary for such structure is installed and its operability
has been tested and approved by the Hardyston Township Volunteer Fire
Department, and it meets the requirements of this subsection. In addition,
all residential subdivision applicants shall submit to the Township,
prior to the issuance of any building permit, an engineer's certification
from the applicant's engineer that the fire suppression system
is operational and meets the requirements of this subsection.
(2)
The hydrants, tank size, design and location in conjunction with
a site plan application for a nonresidential structure shall be approved
by the reviewing board with input from the Hardyston Fire Department.
[Amended 10-16-2001 by Ord. No. 2001-10]
Preliminary site plans shall be designed in accordance with current Township regulations and design standards and in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Planning Board. For initial consideration by the Planning Board, prior to the granting of preliminary approval, the preliminary site plan shall show or be accompanied by sufficient information to establish the design, arrangement and dimension of streets, lots and other planned features as to form, size and location. The information shall form the basis for the general terms and conditions upon which preliminary site plan approval may be granted and shall include all of the information stipulated in § 33-33 of Chapter 33, entitled "Land Use Procedures," and in Schedule A entitled "Checklist," attached hereto.[1]
A.
A final site plan and supporting drawings and documentation
constitute the complete development of the site plan proposal and
becomes the basis for the construction of the plan and inspection
by the Township.
B.
The final site plan shall be submitted in accordance with the requirements of Chapter 33, Land Use Procedures.
C.
The site plan and any engineering and architectural
documents required shall be in final form and accurate for final approval
and construction.
D.
The developer may at his option submit a final site
plan in stages to include only a portion of the original preliminary
site plan. Approval of the final site plan for a section shall not
extend the time limit of preliminary approval for the remaining sections.
The municipal agency shall ensure that any improvements required for
the site plan as a whole, which might have an adverse effect on an
approved section if the remaining sections were not completed, shall
be installed as a condition of approval for any section. This shall
include but not be limited to open space, recreation, soil and erosion
control and similar improvements.
A.
The municipal agency shall grant final approval of
the detailed drawings, specifications, and estimates if the application
for final approval conforms to the standards established by this chapter
for final approval and the conditions of the preliminary approval.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the Secretary of
the municipal agency or within such further time as may be consented
to by the applicant. Failure of the municipal agency to act shall
be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other evidence of approval.
A.
Final approval of a site plan shall confer upon the
applicant the following rights for a two-year period after the date
of final approval:
B.
The municipal agency may extend such period of protection
for good cause by extensions of one year but not to exceed three extensions.
C.
Notwithstanding any other provisions of this chapter,
the granting of final approval terminates the time period of preliminary
approval for the section granted final approval.
D.
In the case of a site plan for 50 acres or more, the
municipal agency may grant extensions of time longer than two years
as shall be determined by the municipal agency to be reasonable, taking
into consideration the number of dwelling units and nonresidential
floor area permissible, economic conditions and the comprehensiveness
of the development among others.
[Amended 10-16-2001 by Ord. No. 2001-10]
Final site plans shall be designed in accordance with current Township regulations and design standards and in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Planning Board. For initial consideration by the Planning Board, prior to the granting of final approval, the final site plan shall show or be accompanied by sufficient information to establish the design, arrangement and dimension of streets, lots and other planned features as to form, size and location. The information shall form the basis for the general terms and conditions upon which final site plan approval may be granted and shall include all of the information stipulated in § 33-33 of Chapter 33, entitled "Land Use Procedures," and in Schedule A, entitled "Checklist," attached hereto.[1]
The regulations and standards set forth in this
chapter are for the protection of the public health, safety and welfare
of the citizens of this municipality. However, if an applicant can
demonstrate that because of peculiar conditions relating to his application
or to his or her land it would be unreasonable or impossible to enforce
one or more of the regulations or requirements set forth herein or
that it would exact undue hardship upon said applicant, the municipal
agency may permit such variance or variances as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards herein established, in which event the municipal agency
shall in its resolution set forth its findings of fact and legal conclusions
supporting said action.
Nothing in this section precludes a developer
from submitting his or her preliminary and final site plan as one
submission, provided that all requirements of the final site plan
shall be adhered to.
The developer shall undertake construction in substantial conformance with the approved final site plan if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan or Chapter 185, Zoning.
The Secretary of the municipal agency approving
a final site plan shall certify three full sets, on each page, with
an appropriate stamp showing date approved, file number, Chairperson's
signature and Secretary's signature. One set shall be given to the
applicant, one to the zoning enforcement officer for his or her use
and one set shall be retained in the official files of the municipal
agency.
[Added 3-7-2000 by Ord. No. 2000-2]
A.
The Chairman of the Planning Board is hereby authorized
to appoint a Site Plan Subcommittee of the Planning Board which shall
be composed of at most four members of the Board, including at least
the Mayor or Township member of the Planning Board and two other members
of the Planning Board. The Site Plan Subcommittee shall have the authority
to:
(1)
Approve minor site plan applications including minor
site plans involving alterations to the exteriors of existing conforming
nonresidential structures as required by this chapter;
(2)
Provide recommendations to the Planning Board for
site plan waivers; and
(3)
Refer an application without decision to the entire
Planning Board for decision.
B.
A site plan application or a letter request for a
site plan waiver, together with the appropriate fees and maps, shall
be filed with the Administrative Officer. Submission requirements
for minor site plan approval are provided in the Minor Site Plan Checklist.
C.
All minor site plans as defined by this chapter shall be reviewed by either the Planning Board or a subcommittee of the Planning Board appointed by the Chairman of the Board pursuant to Subsection A to review minor site plans.
D.
The report of the Site Plan Subcommittee regarding
minor site plan approval or regarding its recommendation of waiver
of site plan shall be forwarded to the applicant and shall be included
on the agenda of the next regularly scheduled Planning Board meeting.
Such report shall then be adopted as the basis for an approval to
be reflected in a memorializing resolution of the Planning Board.
Minor site plan approval thus memorialized shall be deemed final approval
of the site plan by the Board, provided that the Board or Subcommittee
may condition such approval on terms ensuring the provision of improvements
pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
E.
A minor site plan, as defined in this chapter, shall
not require notice or public hearing.
F.
Minor site plan approval shall be granted or denied
within 45 days of 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 Site Plan Subcommittee or the Planning Board
to act within the period prescribed shall constitute minor site plan
approval.
G.
The Site Plan Subcommittee or the Planning Board may
require the filing of an amended application, which shall proceed
as in the case of the original application. No additional application
fee shall be required. The time within which the Subcommittee or Board
shall review the amended application and make its determination shall
commence as of the date of the filing of the amended plat. If the
applicant fails to submit an amended application within the original
time for review authorized by this chapter, the Subcommittee or Board
shall be obligated to act on the original application. If, at the
discretion of the Subcommittee or Board, the change or changes are
considered minor in nature, the applicant may be given approval subject
to the submission of an amended plan indicating the changes.
H.
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, the Subcommittee
or Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to thereon
act within the required time period.
I.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted shall not be changed for a period of two years after the
date of minor site plan approval. The Planning Board or the Subcommittee
shall grant an extension of this period for a period determined by
the Board or the Subcommittee 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 approvals. An applicant shall apply for
this extension before what would otherwise be the expiration date,
or the 91st day after the applicant receives the first legally required
approval from other governmental agencies, whichever occurs later.
J.
Lands resulting from minor subdivisions. No applicant
shall be entitled to approval of a minor site plan for any land that
has received minor site plan approval within 24 months immediately
preceding the minor site plan application.
K.
Minor site plan applications and plans shall be designed in accordance with current Township regulations and design standards and in strict accordance with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Planning Board. For initial consideration by the Planning Board, prior to the granting of minor site plan approval, the minor site plans shall show or be accompanied by sufficient information to establish the design, arrangement and dimension of all plan features as to form, size and location. The information shall form the basis for the general terms and conditions upon which minor site plan approval may be granted and shall include all of the information stipulated in § 33-33 of Chapter 33, entitled "Land Use Procedures," and as set forth in the checklist attached hereto as "Minor Site Plan Checklist," in Schedule A attached hereto.[1]
[Amended 10-16-2001 by Ord. No. 2001-10]
Failure to comply with any of the conditions
of site plan approval subsequent to the receipt of a building permit,
zoning permit or certificate of occupancy, as the case may be, shall
be grounds for the revocation of any building permit, zoning permit
or certificate of occupancy, as the case may be. A written notice
of revocation sent by certified mail by the Zoning Officer or Building
Inspector, as the case may be, shall specify the conditions of site
plan approval which have been violated and such revocation shall effectively
terminate the validity of any building permit, zoning permit or certificate
of occupancy theretofore issued.
Any person, firm or corporation violating any
provision of this chapter shall, upon conviction thereof before a
court of competent jurisdiction, be subject to a fine not exceeding
$500 or imprisonment in the county jail for a period not exceeding
90 days, or both.
[Added 7-2-2007 by Ord. No. 2007-09[1]]
A.
The Planning Board shall have authority to review
and approve general development plans for planned developments. The
Planning Board shall also have the authority to recommend to the governing
body the terms and conditions of planned development developers' agreements
with the governing body, which shall meet the requirements of the
Township of Hardyston governing body and which may address a variety
of issues as authorized in the Municipal Land Use Law, case law or
other laws of the state or United States of America.
B.
General development plans shall include all of the information which municipalities are authorized to require pursuant to the MLUL, particularly the provisions and contents set forth in N.J.S.A. 40:55D-45.2, entitled "General Development Plan Contents." The Planning Board shall have the authority to waive submission of any of the provisions of this section requirement. The submission for completeness shall be in accordance with the attached checklist, which shall be added to the checklists attached to Chapter 33.[2]
