A.
Preapplication review. At the request of an applicant,
the Planning Board or Board of Adjustment may permit, when authorized
by the Board's Chairperson, a preapplication review of a plan for
which the applicant intends to prepare and submit a formal application
for development, which review shall be limited to the Board's professionals.
The applicant shall pay an initial administration fee of $200 and
shall post an initial escrow deposit in the sum of $1,500 and shall
also execute an escrow agreement to cover the costs of the Board's
professional services. Neither the applicant or the respective boards
are bound by the input of the professionals, but this procedure is
to be provided for the assistance of the applicant. The applicant
shall also be required to apply to the Zoning Officer for an initial
determination as to which board holds jurisdiction over the proposed
development, based upon the information supplied by the applicant,
and pay the applicable fee to the Zoning Officer for same.
[1]
Editor's Note: Former Subsections A and B
were renumbered with the addition of this subsection to maintain the
organization of the Code.
[2]
Editor's Note: A copy of the Pre-Application Development Review Form is included at the end of this chapter.
B.
Subdivision review. All subdivisions, as defined under § 148-9, are subject to the review procedures contained herein. Divisions of land not considered a subdivision, as defined in this chapter, shall be exempt from compliance with the requirements of this chapter as provided in N.J.S.A. 40:55D-1 et seq. Until exempted from the subdivision regulations by the approving authority, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of the subdivision for which approval is required.
C.
Site plan review. Site plan review and approval is
required for all developments prior to the issuance of construction
permits for any new structure or for an addition to an existing structure
or modification to the site that will alter drainage or traffic patterns,
and no certificate of occupancy shall be issued for any change of
use of an existing structure until the site plan has been reviewed
and approved by the municipality. The following shall be exempt from
site plan approval:
(1)
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval except for home occupations as described in § 148-53C and D of this chapter. The foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other ordinances.
(2)
Any change of use from one permitted nonresidential
use to another permitted nonresidential use shall not require site
plan approval if both the Construction Official and Zoning Officer
stipulate to the Board that the existing site development meets the
requirements of this chapter for the new use.
(3)
Barns, sheds and silos erected for agricultural purposes
shall not require site plan review unless required by the Construction
Official or Zoning Officer.
D.
Waiver
of site plan review.
[Added 10-17-2016 by Ord.
No. 13-2016; amended 6-7-2021 by Ord. No. 14-2021]
(1)
The
Zoning Officer may waive the requirement of site plan review if it
is determined that the proposed development:
(a)
Secured previous site plan approval under the terms of this title
and the proposed development will have an insignificant impact on
the previously approved site plan; or
(b)
Involves normal repair, maintenance or replacement; or
(c)
Will not significantly affect existing circulation, parking, drainage, building arrangements, plantings, buffering, lighting and other considerations of site plan review as required under § 148-101, § 148-102, or § 148-103; this may include, but is not limited to, standby generators, HVAC systems, de minimis structure alterations; and
(d)
Does not involve variances from the applicable provisions of this
chapter.
(2)
An
applicant requesting such a waiver shall provide to the Zoning Officer:
(a)
One paper and one digital copy of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3, attached to this chapter.
(3)
Upon
review, the Zoning Officer, in consultation with the Administrative
Review Committee, which Committee shall consist of the municipality's
designated Zoning, Construction and Administrative Officers/Officials,
shall make a determination of the administrative waiver request. If
it is determined that the administrative waiver request cannot be
granted, the applicant will be advised that Board review is required.
Any appeals of such determination may be made per N.J.S.A. 40:55D-72.
(4)
A
nonrefundable/nontransferable application fee of $500 shall be submitted
at the time of application.
A.
The approving authority shall have the power to act
upon subdivisions, conditional uses or site plans simultaneously without
the applicant making further application or the approving authority
being required to hold further hearings. The longest time period for
action by the approving authority, whether it is for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer in conjunction
with a site plan or subdivision, notice of the hearing on the plat
shall include reference to the request for such conditional use.
B.
The applicant may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit followed by a subsequent application for required approval
of a subdivision, site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditioned upon grant of all required subsequent approvals by the
Planning Board. No such subsequent approval(s) shall be granted unless
the approval can be granted without substantial detriment to the public
good and without substantial impairment of the intent and purpose
of the zone plan and Zoning Ordinance. In the event that the developer
elects to submit separate consecutive applications, the required time
for action by the approving authority shall be tolled separately for
each application. The period for granting or denying subsequent approval(s)
of a subdivision, site plan or conditional use shall be as otherwise
provided in this chapter.
A.
At the request of a developer, the Planning Board
shall grant an informal review of a plan for which the developer intends
to prepare and submit a formal application for development.
B.
The developer shall not be required to submit any fees for such an informal review; however, no professional review(s) will be undertaken unless the developer agrees to pay for said review(s) and files the fees specified for concept plats and/or plans in § 148-104 of this chapter.
C.
The developer shall not be bound by any plan for which
review is requested, and the Planning Board shall not be bound by
any such review.
D.
A developer desiring to have a development plan informally
reviewed by the Planning Board shall so notify the Administrative
Officer at least three weeks prior to the next regularly scheduled
monthly meeting of the Planning Board. The Administrative Officer
shall thereafter notify the developer of the time and place which
has been scheduled by the Planning Board for the informal review.
E.
Details. The following information should be provided:
(1)
A plan at a scale of not less than one inch equals
100 feet clearly and legible drawn.
(2)
A key map at a scale of not less than one inch equals
800 feet showing the entire development and its relation to surrounding
areas.
(3)
Existing structures and uses.
(4)
Existing and proposed street and lot layout in conformance
with ordinance bulk standards, showing that portion proposed for development
in relation to the entire tract.
(5)
Area of original tract.
(6)
Zoning district and North arrow.
(7)
Block and lot number for the tract.
(8)
Basic intent for water and sewage treatment.
(9)
Proposed access points and parking areas.
(10)
Existing topography and contours based on United
States Geological Survey data unless a local survey is available,
in which case contours should be shown with a maximum contour interval
of two feet where slopes are less than 10% and a maximum contour interval
of five feet where slopes are greater than 10%. Slopes of 15% to 25%,
25% to 35% and in excess of 35% shall be identified.
(11)
Natural resources and features such as forested
areas, wetlands, major rock outcroppings, lakes, ponds, streams, drainage
ditches, impoundments and watercourses shall be shown.
(12)
Soil mapping and interpretations based on the
U.S.D.A. Soil Survey for Hunterdon County. Interpretations shall include
depth to bedrock, depth to seasonal high-water table, suitability
for foundations and basements and areas of moderate and severe erosion
potential. Soil profile pits and permeability testing are not required;
however, where the slope or soil conditions indicate problems may
be encountered, soil profile pits and permeability testing as required
for the preliminary or final plat or plan may be advisable.
(13)
Location of flood hazard areas and floodways.
(14)
Existing easements, deed restrictions and covenants.
(15)
A written discussion outlining how the concept
plan meets the goals and objectives of the Readington Township Master
Plan.
(16)
Certification that the applicant is the owner
of the land or his properly authorized agent or that the owner has
given his consent under an option agreement.
A.
Procedure for submitting a variance application only. All applications for variance relief or conditional use approval to the Board not involving any related site plan or subdivision approval shall be filed at least three weeks prior to the regularly scheduled meetings of the Board. The filing shall include 14 copies of any maps and related material; 12 completed copies of the appropriate application form(s); the checklist for variances or conditional use pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; copies of any protective covenants, deed restrictions and easements applying to the land to be developed; certification by the Tax Collector whether all taxes are paid to date; and the application and escrow fees in accordance with Article XI of this chapter. The applicant shall identify any waivers of the application requirements and variances being sought and provide in writing reasons for the requested waivers. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting on a variance or conditional use application and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. The Board shall act upon the application as stipulated by law.
B.
Details required for variance or conditional use only
applications. Each variance or conditional use application shall be
accompanied by plans clearly and legibly drawn showing conditions
of the site. The plan should be based on an accurate survey of the
property and include the name, address and telephone number of the
person who prepared the plan. Each submission shall be drawn at an
appropriate scale not less than one inch equals 100 feet. If one sheet
is not sufficient to contain the entire tract, the map may be divided
into two or more sections to be shown on separate sheets of equal
size, with reference on each sheet to the adjoining sheets.
(1)
For variance and conditional use applications related
to a single-family home, the plan may be a copy of an accurate survey
with the proposed new structures and improvements neatly and accurately
located and drawn to scale.
(2)
For variances and conditional use application for
other than single-family homes, the following information should be
provided:
(a)
A key map showing the entire tract and its relation
to the surrounding area, at a scale of one inch equals not more than
2,000 feet.
(b)
Title block in accordance with the rules governing
title blocks for professional engineers (N.J.S.A. 45:8-36), including:
[1]
Name of application, Readington Township and
Hunterdon County;
[2]
Name, title, address and telephone number of
the person who prepared the plat or plan;
[3]
Written and graphic scale; and
[4]
Date of original preparation and of each subsequent
revision thereof and a list of the specific revisions entered on each
sheet.
(c)
Name, title, address and telephone number of
the applicant, owner or owners of record and the name, title and address
of the professional staff for the application (i.e., attorney, planner,
traffic engineer).
(d)
Acreage figures (both with and without areas
within public rights-of-way).
(e)
North arrow.
(f)
Existing block and lot number(s) of the lot(s)
of the parcel as they appear on the Township Tax Map.
(g)
The location of existing property lines (with
bearings and distances), streets, structures (with their numerical
dimensions), parking spaces, loading areas, driveways, watercourses,
railroads, bridges culverts, drain pipes, any natural features such
as treed areas and any historic features, such as family burial grounds
and buildings more than 50 years old, both within the tract and within
200 feet of its boundary.
(h)
The location and width of all existing and proposed
utility easements, the use(s) for which they are intended to be limited
and the manner in which the easements will be controlled.
(i)
Zoning districts affecting the tract, including
district names and requirements and a comparison to the application.
(j)
Proposed or existing buffer and landscaped areas.
(k)
Delineation of floodplains, including both floodway
and flood-fringe areas, wetlands and lands with a topographic slope
15% or greater.
(l)
Wetlands and wetlands transition areas, including
proof of application for a letter of interpretation or a letter of
exemption from the Department of Environmental Protection and Energy
and copies of prepared wetlands report.
(m)
Contours as shown on the U.S.G.S. topographic
sheets.
(n)
Marshes, ponds and hydric soil lands within
the tract and within 100 feet thereof.
(o)
The name of all adjacent property owners as
they appear on the most recent tax list prepared by the Code Enforcement
Officer.
(p)
Certificate from the Township Tax Collector
whether all taxes and assessments are paid to date.
(q)
Sight triangle easements as specified in this
chapter.
(r)
Deed descriptions, including metes and bounds,
easements, covenants, restrictions and roadway and sight triangle
dedications, shall be submitted for approval and required signatures
prior to filing with the County Recording Officer.
(t)
Certification that the applicant is the owner
of the land or his properly authorized agent or that the owner has
given his consent under an option agreement.
C.
Action by the Township.
(1)
The Board and its professional advisers shall review
the aforesaid application for the purpose of determining, within 45
days of its submissions, whether said application is complete. Thereafter:
(a)
If said application is found to contain all of the information required by § 148-100B of this chapter, said Board shall certify that said application is complete.
(b)
If said application is found to lack some of the information required by § 148-100B of this chapter, said Board shall either:
[1]
Cause the applicant to be notified, in writing,
that said application is incomplete, specifying the deficiencies in
the application; or
[2]
If the Board reasonably concludes that the missing
items of information are not necessary for it to make an informed
decision on the application, said Board may waive the requirement
that said items be supplied as a prerequisite for completeness and
certify that the application is complete notwithstanding the missing
items.
(c)
An applicant who has been notified that his application is incomplete may request waivers of one or more of the submission requirements set forth in § 148-100B, at least 10 days prior to the Board meeting. Said request shall be granted or denied by the Board within 45 days. The applicant shall provide in writing specific reasons, acceptable to the Board, as to why the waiver is justified and appropriate.
(d)
In the event the Board fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the aforesaid application is certified
complete or on the 46th day following the submission of the application,
in the event the Board fails to make a determination of completeness,
as the case may be, the applicable time period within which the Board
must act upon the application shall commence. In any case, the applicant
is obliged to prove that he or she is entitled to approval of the
application. The Board may subsequently require correction of any
information found to be in error, may require submission of additional
information not specified in this chapter and/or may require revisions
in the application documents as are reasonably necessary to make an
informed decision as to whether the requirements for approval of the
application have been met, provided that the application shall not
be deemed incomplete for lack of any such additional information or
revisions.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the Administrative Officer
to other departments, agencies and/or consultants as necessary and/or
appropriate.
(4)
The Board shall take action on the variance or conditional
use application within 120 days for a variance or 95 days for a conditional
use after the application has been certified complete by the Board
or within such further time as may be consented to by the applicant.
Failure of the Board to act within the prescribed time period shall
constitute approval of the application.
(5)
Any designated review committee shall read any written
report submitted concerning the application and shall itself review
the submission to ascertain its conformity with the requirements of
this chapter. The review committee shall offer its recommendations
to the Board.
(6)
Any proposed application for development determined
by the Board to be creating, imposing, aggravating or leading to the
possibility of an adverse effect upon either the property in question
or upon any adjacent properties may be required to be revised to remove
any adverse effect(s) prior to further review or approval by the Board.
(7)
When a variance or conditional use application is approved by the Board, the Secretary of the Board shall forward the applicant a copy of the approval resolution, adopted in accordance with § 148-94F of this chapter, within 10 days of its adoption by the Board.
A.
Procedure for submitting minor subdivision plats and minor site plans. The applicant shall submit to the Administrative Officer, at least three weeks prior to the regularly scheduled meeting of the Board, 14 copies of the minor plat or plan based on a recent survey and architectural floor plans and building elevations prepared by an architect certified in the State of New Jersey (site plan applications); three copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; copies of any protective covenants, deed restrictions and easements applying to the land to be developed; drainage calculations and soil erosion and sedimentation control data as may be affected by the proposal; certification by the Tax Collector indicating whether all taxes are paid to date; and a fee in accordance with Article XI of this chapter. The applicant shall identify any waivers of application requirements and variances being sought in writing and provide reasons for the requested waivers. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and minor site plans and agrees to be bound by it. If the site of the application is located within the TDD area as administered by Hunterdon County, the applicant shall submit a certification that they are aware that their project is located within the TDD and indicating their willingness to participate. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such numbers shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.
B.
Details required for minor subdivision plats and minor
site plan. Each minor plat or minor plan shall be drawn by a professional
engineer and/or land surveyor licensed to practice in the State of
New Jersey and shall bear the signature, seal, license number and
telephone number of the said professional engineer and/or land surveyor;
provided, however, that all engineering data shall be signed and sealed
by a professional engineer and all surveying data shall be signed
and sealed by a professional land surveyor. Minor subdivisions shall
be based on a survey current to within the past three years. Each
submission shall be drawn at an appropriate scale not less than one
inch equals 100 feet and shall be submitted on one of four of the
following standard sheet sizes (8 1/2 inches by 13 inches; 15
inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches).
If one sheet is not sufficient to contain the entire tract, the map
may be divided into two or more sections to be shown on separate sheets
of equal size, with reference on each sheet to the adjoining sheets.
Each minor plat or plan shall show the following information, as such
information is applicable to the minor subdivision or site plan submission:
(1)
A key map showing the entire tract and its relation
to the surrounding area, at a scale of one inch equals not more than
2,000 feet;
(2)
Title block in accordance with the rules governing
title blocks for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of application, Readington Township and
Hunterdon County;
(b)
Name, title, address and telephone number of
the person who prepared the plat or plan;
(c)
Written and graphic scale; and
(d)
Date of original preparation and of each subsequent
revision thereof and a list of the specific revisions entered on each
sheet.
(3)
Name, title, address and telephone number of the applicant,
owner or owners of record, and the name, title and address of the
professional staff for the application (i.e., attorney, planner, traffic
engineer);
(4)
Acreage figures (both with and without areas within
public rights-of-way) and North arrow;
(5)
Existing block and lot number(s) of the lot(s) of
the parcel as they appear on the Township Tax Map;
(6)
Subdivision or development boundary line (heavy solid
line);
(7)
The location of existing property lines (with bearings
and distances), streets, structures (with their numerical dimensions,
setbacks and an indication as to whether existing structures will
be retained or removed), parking spaces, loading areas, driveways,
watercourses, railroads, bridges, culverts, drain pipes, wells (indicate
whether to remain or be abandoned), any natural features such as treed
areas and any historic features such as family burial grounds and
buildings more than 50 years old, both within the tract and within
200 feet of its boundary;
(8)
The location and width of all existing and proposed
utility easements, the use(s) for which they are intended to be limited
and the manner in which the easements will be controlled;
(9)
Zoning districts affecting the tract, including district
names and requirements and a comparison to the application;
(10)
Proposed buffer and landscaped areas (site plans
only);
(11)
Delineation of floodplains, including both floodway
and flood-fringe areas, wetlands and lands with a topographic slope
15% or greater;
(12)
Wetlands and wetlands transition areas, including
proof of application for a letter of interpretation or a letter of
exemption from the Department of Environmental Protection and Energy
(or proof of application) and copies of prepared wetlands report.
The location of marshes, ponds and hydric soil lands within the tract
and within 100 feet thereof;
(13)
Contours as shown on the U.S.G.S. topographic
sheets;
(14)
The name of all adjacent property owners as
they appear on the most recent tax list prepared by the Township Code
Enforcement Officer;
(15)
Sight triangle easements as specified in this
chapter;
(16)
Concerning minor subdivisions only, existing
and proposed monuments;
(17)
For each lot not served by a sanitary sewer,
approval by the Township Board of Health;
(18)
No minor subdivision or minor site plan involving
any street(s) requiring additional right-of-way width as specified
in the Master Plan or Official Map and the street requirements of
this chapter shall be approved unless such additional right-of-way,
either along one or both sides of said streets, as applicable, shall
be granted to the Township or other appropriate governmental agency;
minor subdivision or minor site plan located with the boundary of
the TDD;
(19)
No minor subdivision or minor site plan involving
any corner lot shall be approved unless a sight triangle easement
shall be granted as specified in this chapter;
(20)
Deed descriptions, including metes and bounds,
easements, covenants, restrictions and roadway and sight triangle
dedications, shall be submitted for approval and required signatures
prior to filing with the County Recording Officer;
(21)
Proposals for soil erosion and sedimentation control as required by Chapter 197, Soil Erosion and Sediment Control;
(22)
Three copies of storm drainage calculations
and plans as required by ordinance;
(23)
Proof of County Board of Health approval;
(24)
Hunterdon County Planning Board application
proof of filing;
(25)
Proof of compliance with Chapter 200, Solid Waste, Article I, Recycling, and proof of arrangements for garbage collection where applicable. Residences shall have adequate space for storage of recyclables within the principal or accessory building. Nonresidential and multifamily developments may store recyclables within a screened enclosure as described in § 148-76;
(26)
Certification that the applicant is the owner
of the land or his properly authorized agent or that the owner has
given his consent under an option agreement.
C.
Action by the Township.
(1)
The Board and its professional advisors and site plan
or subdivision review committee shall review the aforesaid application
for the purpose of determining, within 45 days of its submissions,
whether said application is complete. Thereafter:
(a)
If said application is found to contain all of the information required by § 148-101B of this chapter, said Board shall certify that said application is complete.
(b)
If said application is found to lack some of the information required by § 148-101B of this chapter, said Board shall either:
[1]
Cause the applicant to be notified, in writing,
that said application is incomplete, specifying the deficiencies in
the application; or
[2]
If the Board reasonably concludes that the missing
items of information are not necessary for it to make an informed
decision on the application, said Board may waive the requirement
that said items be supplied as a prerequisite for completeness and
certify that the application is complete notwithstanding the missing
items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 148-101B at least 10 days prior to the Board meeting. Said request shall be granted or denied by the Board within 45 days.
(d)
In the event the Board fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the aforesaid application is certified
complete or on the 46th day following the submission of the application,
in the event the Board fails to make a determination of completeness,
as the case may be, the applicable time period within which the Board
must act upon the application shall commence. In any case, the applicant
is obliged to prove that he or she is entitled to approval of the
application. The Board may subsequently require correction of any
information found to be in error, may require submission of additional
information not specified in this chapter and/or may require revisions
in the application documents as are reasonably necessary to make an
informed decision as to whether the requirements for approval of the
application have been met, provided that the application shall not
be deemed incomplete for lack of any such additional information or
revisions.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the Administrative Officer
to the following:
(4)
The Board shall take action on the minor subdivision
or minor site plan application within 45 days after the application
has been certified complete by the Board or within such further time
as may be consented to by the applicant. Failure of the Board to act
within the prescribed time period shall constitute approval of the
application.
(5)
Any designated subdivision or site plan review committee
shall read any written report submitted concerning the application
and shall itself review the submission to ascertain its conformity
with the requirements of this chapter. The subdivision or site plan
review committee shall offer its recommendations to the Board.
(a)
In the case of a minor site plan that does not
require any variances, the Minor Site Plan Committee may handle the
review and approval of minor site plans. The action of the Minor Site
Plan Committee shall be regarded as the decision of the Planning Board.
All decisions rendered by the Minor Site Plan Committee shall be reported
to the Planning Board in writing. The Minor Site Plan Committee may
for any reason refer a minor site plan to the Planning Board for consideration
and action.
(6)
Any proposed application for development determined
by the Board to be creating, imposing, aggravating or leading to the
possibility of an adverse effect upon either the property in question
or upon any adjacent properties may be required to be revised to remove
any adverse effect(s) prior to further review or approval by the Board
or, where the remaining portion of the original tract is sufficient
to be subdivided or developed further, the applicant may be required
to submit a sketch of the entire remaining portion of the tract to
indicate a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any adverse
effect.
(7)
When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least seven prints of the plat or plan and any related deeds to be filed with the County Recording Officer shall be signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required. The Secretary of the Board shall forward the applicant a copy of the approval resolution, adopted in accordance with § 148-94F of this chapter, within 10 days of its adoption by the Board.
(8)
When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § 148-94F of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.
(9)
Within 190 days from the date on which the resolution
of municipal approval is adopted for a minor subdivision, a plat map
drawn in compliance with the Map Filing Act (P.L. 190, c. 141, N.J.S.A.
46:23-9.9 et seq.) or deed clearly describing the approved minor subdivision,
properly drafted and signed by the Chairman and Secretary of the Board
(or the Acting Chairman or Secretary where either or both may be absent),
shall be filed by the subdivider with the County Recording Officer.
(10)
The Planning Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from filing because
of delays in obtaining legally required approvals from other governmental
or quasi-governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals, as determined by the Planning Board. The
developer may apply for the extension either before or after what
would otherwise be the expiration date.
(11)
Unless filed within 190 days or within the time
period extended by the Board, the approval shall expire and will require
Board approval as in the first instance.
(12)
The Planning Board shall grant an extension
of minor subdivision approval for a period determined by the Board
but not exceeding one year from what would otherwise be the expiration
date, if the developer proves to the reasonable satisfaction of the
Board that the developer 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 developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would
otherwise be the expiration date of minor subdivision approval or
the 91st day after the developer receives the last legally required
approval from other governmental entities, whichever occurs later.
(13)
Before the Secretary of the Board returns any
approved minor subdivision or minor site plan to the applicant, the
applicant shall provide additional copies of the plat or plan as may
be necessary in order to furnish copies to each of the following:
(a)
Administrative Officer;
(b)
Township Engineer (in the case of subdivisions
only, a map of the plat drawn to the Tax Map scale of one inch equals
100 feet or one inch equals 400 feet, as directed by the Township
Engineer);
(c)
Zoning Officer;
(d)
Township Tax Assessor;
(e)
Such other Township, county or state agencies
and officials as directed by the Board.
A.
Procedure for submitting preliminary major subdivision plats and preliminary site plans. The applicant shall submit to the Administrative Officer, at least three weeks prior to the regularly scheduled meeting of the Board, 20 copies of the preliminary plat or preliminary plan and building floor plans and elevations if applicable; three completed copies of the appropriate applications which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; three copies of any protective covenants or deed restrictions and easements applying to the land being subdivided or developed; three copies of drainage calculation and soil erosion and sedimentation control data; 16 copies of EIS (if required for submission); fees in accordance with Article XI of this chapter; a signed escrow agreement and certification by the Tax Collector whether all taxes are paid to date. The application shall contain an acknowledgment signed by the applicant, stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans and agrees to be bound by it. If the site of the application is located within the TDD area as administered by Hunterdon County, the applicant shall submit a certification that they are aware that their project is located within the TDD and indicate their willingness to participate. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
B.
Details required for preliminary major subdivision
plats and preliminary major site plans. Each preliminary major subdivision
plat or preliminary site plan shall be drawn by a professional engineer
and/or land surveyor licensed to practice in the State of New Jersey
and shall bear the signature, seal, license number and telephone number
of the said professional engineer and/or land surveyor; provided,
however, that all engineering data shall be signed and sealed by a
professional engineer and all surveying data shall be signed and sealed
by a professional land surveyor. Plats and/or plans shall be based
on a current survey prepared within the last three years. Each submission
shall be drawn clearly and legibly at an appropriate scale not less
than one inch equals 100 feet and shall be submitted on one of four
of the following standard sheet sizes (8 1/2 inches by 13 inches;
15 inches by 21 inches; 24 inches by 36 inches; 30 inches by 42 inches).
If one sheet is not sufficient to contain the entire tract, the map
may be divided into sections to be shown on separate sheets of equal
sizes, with reference on each sheet to the adjoining sheets and a
separate composite map. Each preliminary plat or plan shall show the
following information, as appropriate to a subdivision plat or site
plan, unless the municipal agency determines and so notifies the applicant
that such information either is unnecessary or inapplicable to the
particular subdivision or development plan:
(1)
A key map showing the entire tract and its relation
to the surrounding area, at a scale of one inch equals not more than
2,000 feet;
(2)
Title block in accordance with the rules governing
title blocks for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of application, Readington Township and
Hunterdon County;
(b)
Name, title, address and telephone number of
the person who prepared the plat or plan;
(c)
Written and graphic scale; and
(d)
Date of original preparation and of each subsequent
revision thereof and a list of the specific revisions entered on each
sheet.
(3)
Name, title, address and telephone number of the applicant,
owner or owners of record and the name, title and address of the professional
staff for the application (i.e., attorney, planner, traffic engineer);
(4)
North arrow;
(5)
Certification that the applicant is the owner of the
land or his properly authorized agent or that the owner has given
his consent under an option agreement;
(6)
Acreage to the nearest hundredth of an acre and a
computation of the area of the tract to be disturbed;
(7)
The names and lot and block numbers of all property
owners within 200 feet of the extreme limits of the tract as shown
on the most recent tax listed prepared by the Code Enforcement Office;
(8)
Existing tax sheet number(s) and existing block and
lot number(s) of the lot(s) to be subdivided or developed as they
appear on the Township Tax Map and proposed block and lot numbers
as provided by the Township Tax Assessor upon written request;
(9)
Tract boundary line (heavy solid line);
(10)
Zoning districts, including district names and
requirements and a comparison to the application;
(11)
The locations and dimensions of existing and
proposed bridges and the location of natural features such as wooded
areas and any extensive rock formations, both within the tract and
within 200 feet of its boundaries;
(12)
The location and species associations of all
existing individual trees or groups (12 or more) of trees having a
caliper of eight inches or more measured four feet above the ground
level shall be shown within the portion(s) of the tract to be disturbed
as a result of the proposed development;
(13)
A plan prepared by a certified landscape architect
showing the proposed location of all proposed plantings also shall
be indicated and a legend provided listing the botanical and common
names, the sizes at time of planting, the total quantity of each plant
and the location of each plant keyed to the plan or plat;
(14)
Delineation of floodplains, including both floodway
and flood-fringe areas, hydric soil lands, within the tract and within
100 feet thereof;
(15)
Wetlands and wetland transition areas, including
a letter of interpretation or a letter of exemption from the Department
of Environmental Protection and Energy and copies of prepared wetlands
report;
(16)
Location of wells on site and within 200 feet of the site and the status of wells on site testing as required by Article VII;
(17)
All existing and proposed watercourses (including
lakes and ponds) shall be shown and accompanied by the following information:
(a)
When a stream is proposed for alteration or
improvement where a drainage structure or fill is proposed over, under,
in or along a running stream, a report on the status of review by
the State Department of Environmental Protection, Division of Water
Resources, shall accompany the submission;
(b)
Cross sections of watercourses and/or drainage
swales at an approximate scale showing the extent of the floodplain
(one-hundred-year), top of bank, normal water levels and bottom elevations
at the following locations, where appropriate:
[1]
At any point where a watercourse crosses a boundary
of the tract.
[2]
At one-hundred-foot intervals up to 500 feet
upstream and downstream of any point of juncture of two or more watercourses
within the tract.
[3]
At one-hundred-foot intervals for a distance
of 500 feet upstream and downstream of any proposed and/or existing
culvert or bridge within the tract.
[4]
At a maximum of one-hundred-foot intervals,
but not less than two locations, along each watercourse which runs
through or within 500 feet of the tract.
[5]
When ditches, swales, streams or watercourses
are to be altered, measures to control erosion and siltation, as well
as typical ditch sections and profiles, shall be shown.
[6]
The delineation of the floodways and flood-fringe
areas of all watercourses within or adjacent to the tract.
(c)
The total acreage of the drainage basin of any
watercourse running through the tract;
(d)
The location and extent of drainage and conservation
easements and stream encroachment lines;
(e)
The location extent and water level evaluation
of all existing or proposed lakes or ponds within the tract and within
200 feet of the tract.
(18)
Existing and proposed contours with intervals
of one foot where slopes are less than 2%; with intervals of two feet
where slopes are between 2% and 14%; and with intervals of five feet
where slopes are 15% or greater. All contour information shall refer
to a known U.S.C.G.S. datum. Existing contours shall be shown as a
dashed line; finished grades shall be shown as a solid line. Lands
with a topographic slope 15% or greater shall be shaded;
(19)
Proposals for soil erosion and sediment control as required by Chapter 197, Soil Erosion and Sediment Control, and New Jersey State Erosion and Sediment Control Law;
(20)
Locations of all existing structures showing
existing and proposed front, rear and side yard setback distances,
size, use, an indication of whether the existing structures and uses
will be retained or removed and a specific identification of any family
burial grounds and buildings more than 50 years old, both within the
tract and within 200 feet of its boundary;
(21)
Size, height and location of all proposed buildings,
structures, signs and lighting facilities, including elevations at
the corners of all proposed buildings and paved areas;
(22)
All dimensions necessary to confirm conformity
to this chapter, such as the size of the tract and any proposed lot(s),
structure setbacks, structure heights, yards and floor area ratios.
All tract and lot sizes shall be expressed in acres and square feet
and shall include bearings and distances;
(23)
The proposed location, direction of illumination, power and type of proposed outdoor lighting including details of lighting poles and luminaries (see § 148-67);
(24)
The proposed screening, buffering and landscaping,
including a landscaping plan prepared by a certified landscape architect
in accordance with the following:
(25)
The location and design of any off-street parking
area, showing size and location of bays, aisles and barriers and specifications
for and location of proposed surface paving and curbing;
(26)
All means of vehicular access and egress to
and from the site onto public streets, showing the site and the location
of driveways and curb cuts, including the possible utilization of
traffic signals, channelization, acceleration and deceleration lanes,
sight triangle easements, additional width and other proposed devices
necessary to prevent a difficult traffic situation;
(27)
The application shall include plans and computations
for any storm drainage system, including the following:
(a)
All existing or proposed storm sewer lines within
or adjacent to the tract showing size and slope of the lines, direction
of flow and the location of each catch basin, inlet, manhole, culvert
and headwall.
(b)
The location and extent of any proposed groundwater
recharge basins, detention basins or other water or soil conservation
or drainage devices, with cross sections every 50 feet at right angles
to the long access of the basin, each extending 75 feet beyond the
top of the rim of the basin on each side.
(c)
A map drawn to scale (minimum scale one inch
equals 100 feet) showing the contributing area to each inlet or cross
drain.
(d)
A weighted runoff coefficient for each drainage
area shall be determined for use in the computations.
(e)
Classifications of receiving waters (NJDEPE).
(28)
The location of existing structures such as
water and sewer mains, utility structures, gas transmission lines
and high-tension power lines on the tract and within 200 feet of its
boundaries;
(29)
Plans of proposed improvements and utility layouts,
including sewers, storm drains and waterlines and feasible connections
to gas, telephone and electrical utility systems. If private utilities
are proposed, they shall comply fully with all Township, county, state
and federal regulations. If service will be provided by an existing
utility company, in lieu of detailed plans, a letter from that company
stating that service will be available before occupancy will be sufficient.
When individual on-lot water or sewage disposal is proposed, the plan
for such systems shall be approved for each lot by the appropriate
Township and state agencies and the result of soil profile pits and
permeability testing, completed in accordance with the requirements
and conditions prescribed by the Township Board of Health, shall be
indicated on the plat or plan;
(30)
In developments served by public water, Certification
from the Insurance Services Office of New Jersey that hydrants and
fire flows meet the minimum standards of that agency and that residual
pressure in the water main in front of each dwelling is not less than
30 pounds per square inch. Certification for the latter can be supplied
by the servicing utility;
(31)
Plans, typical cross sections and construction
details, horizontal and vertical alignments of the center line of
all proposed streets and of all existing streets abutting the tract.
The vertical alignments shall be based on U.S.C.G.S. vertical datum
or a more specified datum supplied by the Township Engineer, including
curbing, sidewalks, storm drains, drainage structures and cross sections
every half and full station of all proposed streets and of all existing
streets abutting the tract;
(32)
Sight triangles, the radius of curblines and
sign locations shall be clearly indicated at the intersections;
(33)
The location and width of all existing and proposed
utility easements, the use(s) for which they are intended to be limited
and the manner in which the easements will be controlled;
(34)
The location and identification of proposed
open spaces, parks or other recreation areas;
(35)
The proposed permanent monuments shall be shown,
in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9;
(36)
Proof of compliance with Chapter 200, Solid Waste, Article I, Recycling. Residences shall have adequate space for storage of recyclables within the principal or accessory building. Nonresidential and multifamily developments may store recyclables within a screened enclosure as described in § 148-76;
(37)
In the case of any subdivision or site plan
submission of a planned development, the applicant shall be required
to submit all of the required information for all of the properties
comprising the planned development, regardless of whether the applicant
is seeking approval of the whole or a section of the planned development;
specifically, the applicant shall be required to show the interrelationship
of each portion of the project with the whole of the project considering
land use, traffic, open space, buffering, drainage and surface water
management, sewerage, potable water supply and any other specific
planning considerations as may be of particular relevance to a particular
planned development;
(38)
An estimate prepared by the applicant's engineer
for construction costs of all on-site improvements exclusive of buildings;
(39)
The Board reserves the right to require additional
information before granting preliminary approval when unique circumstances
affect the tract and/or when the application for development poses
special problems for the tract and the surrounding area. Such information
shall include, but not be limited to, drainage calculations and traffic
analyses; provided, however, that no application shall be declared
incomplete for the lack of such additional information;
(40)
Preliminary architectural floor plans and elevations
prepared by a New Jersey licensed architect (site plan application);
(41)
Local and County Board of Health approval or
proof of available public sewer service and capacity;
(42)
Proof capacity of submission to the Hunterdon
County Planning Board.
(43)
Standard construction specifications for development
projects:
[Added 3-5-2007 by Ord. No. 4-2007]
(a)
No work shall be commenced on the project within
an existing municipal street or road until a road opening permit is
obtained. All required bonds and inspection fees shall be deposited
with the Readington Township Administrator before a road opening permit
will be issued.
(b)
All standards of Readington Township shall be
complied with when installing facilities within the existing and proposed
public rights-of-way. Included in these standards shall be standards
of construction for the sewer line facilities, storm drainage, sidewalks,
driveways, driveway aprons, curbs, grading, pavement, shade trees,
landscaping, and soil erosion and sedimentation control devices.
(c)
Prior to commencing construction, the developer
shall arrange for a preconstruction conference among the developer,
contractor, Township Engineer, soil conservation district, and any
other interested party.
(d)
All work shall be subject to the inspection
and approval of the Township Engineer, and no work shall be commenced
on the project without the proper notice to the Township Engineer.
At least 24 hours' notice shall be provided to the Township Engineer
before such work is commenced so as to allow for the proper scheduling
of inspection.
(e)
Prior to commencing construction, the contractor
shall notify all utility companies of his intent to excavate and allow
for proper time for such utility companies to mark out and protect
their facilities. Protection of the municipal facilities shall be
at the expense of the contractor. Protection of other facilities shall
be in conformance with state and utility company recommendations.
(f)
Prior to commencing construction, the contractor
shall notify the Township Engineer of the names and telephone numbers
of at least two individuals in the firm that can be reached in the
event of an emergency. These numbers will be on file for the use of
the Township Engineer in notifying the contractor of any emergency
situations that develop as a result of his work.
(g)
The project engineer or surveyor shall stake
all lines and grades for roadways, curbs, storm drains, swales, sanitary
sewers and structures and shall furnish the Township Engineer with
two copies of a grade sheet before commencing construction of the
work.
(h)
All improvements shall be constructed in accordance
with applicable standards of the New Jersey Department of Transportation
Standard Specifications.
(i)
All work shall be performed during the normal
hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall
be performed on Saturday, Sunday, or public holidays without the express
permission and approval of the Township Engineer. Specific attention
shall be directed to work performed in residential areas. The contractor
must schedule his operation so as to minimize noise levels and inconvenience
of adjacent property owners.
(j)
All excavations in public thoroughfares shall
be performed using suitable barricades, protective devices, and traffic
control. All excavation shall be backfilled at the end of the workday,
and, when performed in the paved areas, the excavation shall be stabilized
and temporary asphaltic pavement placed over the excavation so as
to provide for proper and safe travel. Variances to this requirement
may be granted on a case-by-case basis from the Township Engineer.
At no time shall such excavation be left unpaved without the express
approval of the Township Engineer.
(k)
Construction of sanitary sewage collection facilities
shall be performed by competent experienced contractors and shall
be in strict compliance with appropriate state and federal standards.
Final acceptance of these facilities will be subject to the approval
of the Township Engineer, and responsible public utilities authority
shall be in strict compliance with all appropriate specifications
and tests. No sewer connections shall be made without the express
permission of the responsible public utilities authority.
(l)
Sanitary sewer laterals shall have a T-wye and
an inspection tee installed at the road right-of-way line.
(m)
All utility crossings shall be installed prior
to paving operations.
(n)
Underdrains and subbase shall be constructed
or placed if and where directed by the Township Engineer during construction.
(o)
Storm drainage catch basins located within roadway,
driveways, or parking areas shall include bicycle grates AB inlets
(Campbell pattern No. 2618 or equal), and Type P2 six-inch ECD curb
piece with markings "Drains to Waterways," unless otherwise permitted
by the Township Engineer.
(p)
Shop drawings of all precast structures must
be submitted prior to construction.
(q)
Riprap shall be of durable rock conforming to
the Standard Specifications. It shall be placed in accordance with
the construction drawings or as otherwise directed by the Township
Engineer.
(r)
Concrete sidewalk and driveway aprons shall
be provided with transverse expansion joints one-half-inch wide, at
intervals of not more than 20 feet as specified in Subsection 908.01
of the Standard Specifications. Transverse grooves, 1/4 the thickness
of the concrete in depth, shall be cut in the sidewalk between the
expansion joints at intervals equal to the sidewalk width. Concrete
shall be protected and cured as specified in Subsection 607.05 of
the Standard Specifications.
(s)
Traffic stripes shall be applied using long-life
epoxy resin material as specific in Section 617 of the Standard Specifications,
as amended.
(t)
Traffic regulatory signs shall be located in
accordance with the requirements of the State of New Jersey and shall
be in accordance with the specifications of the MUTCD.
(u)
Street signs shall be four-way consisting of
extruded aluminum blades with six-inch white letters on green background,
all high intensity sheeting. The signs shall be mounted at least nine
feet above grade on a two-and-three-eighths-inch o.d. galvanized post
with vandalproof hardware.
(v)
Development lighting shall conform to New Jersey
Power and Light and Planning Board requirements.
(w)
All electric and telephone utilities shall be
underground
(x)
Stripped topsoil shall not be used as spoil
or removed from the project site. Redistributed topsoil shall be placed
at a depth of at least five inches and stabilized in accordance with
the soil erosion and sediment control plan.
(y)
The developer shall be responsible for periodic
cleanout of the stormwater and retention basin of any accumulated
siltation as directed by the Township Engineer until the release of
the maintenance guarantee.
(z)
Maintenance of all public improvements shall
be the responsibility of the developer until such facilities are accepted
by Readington Township. Upon completion of all improvements, a maintenance
guarantee shall be provided as surety that the facilities are properly
constructed. All repairs to the improvements shall be the responsibility
of the developer within a maintenance guarantee period not to exceed
two years. Upon completion of the maintenance period, the Township
Engineer shall reinspect the project in the presence of the developer
and/or contractor, and any necessary repairs will be delineated at
that time. Upon completion of such repairs, the developer will be
released from any further responsibilities for such additional repairs
and the maintenance guarantee will be returned.
C.
Environmental impact statement.
(1)
General provisions. The impact on the environment
generated by land development projects necessitates a comprehensive
analysis of the variety of problems that may result and the actions
that can be taken to minimize the problems. It is further recognized
that the level of detail required for various types of applications
will vary depending on the size of the proposal, the nature of the
site, the location of the project and the information already in the
possession of the Township. Therefore, having determined that some
flexibility is needed in preparing the environmental impact statement,
the requirements for such a document pertaining to different types
of development applications are listed below:
(a)
All agricultural operations conducted in accordance
with a plan approved by the Soil Conservation District and all soil
culture operations conducted in accordance with a plan prepared by
a professional forester are specifically exempt from the environmental
impact statement requirements.
(b)
Any "C" variance (those pursuant to N.J.S.A.
40:55D-70c) applications to the Zoning Board of Adjustment not involving
a site plan or subdivision shall not require an environmental impact
statement unless specifically requested by the Board. The Zoning Board
of Adjustment shall inform the applicant regarding any information
that may be required.
[Amended 10-16-2000 by Ord. No. 37-2000]
(c)
Any application for minor site plan approval
or minor subdivision approval, either to the Planning Board or to
the Zoning Board of Adjustment, as the case may be, shall not require
an environmental impact statement, unless specifically requested by
the Board.
[Amended 7-16-2001 by Ord. No. 12-2001]
(d)
All "D" variances (those pursuant to N.J.S.A.
40:55D-70d), preliminary major subdivision and/or preliminary major
site plan applications shall be accompanied by an environmental impact
statement.
[Amended 10-16-2000 by Ord. No. 37-2000]
(e)
Applicants that are required to prepare and
submit an environmental impact statement (EIS) shall submit a completed
EIS checklist in addition to other checklists required for their application.[1]
[Added 10-16-2000 by Ord. No. 37-2000; amended 7-16-2001 by Ord. No. 13-2001]
[1]
Editor's Note: Said checklists are included
at the end of this chapter.
(2)
Submission format. When an environmental impact statement
is required, the applicant shall retain one or more competent professionals
to perform the necessary work. The qualifications and background of
the professionals shall be provided and the method of investigation
shall be described. All applicable material on file in the Township
pertinent to evaluation of regional impacts shall also be considered,
including the Township Master Plan and Natural Resources Inventory.
Furthermore, as much original research as necessary shall be conducted
to develop the environmental impact statement. All environmental impact
statements shall consist of written and graphic materials which clearly
present the required information utilizing the following format:
(a)
Project description. Indicate the purpose and
scope of the proposed project. Enumerate the benefits to the public
which will result from the proposed project and describe the suitability
of the site for the intended use. A description of the proposed project
shall be presented to indicate the extent to which the site must be
altered, the kinds of facilities to be constructed and the uses intended.
The resident population, working population and visitor population
shall be estimated. The compatibility or incompatibility of the proposed
project shall be described in relation to the following:
(b)
Site description and inventory. Provide a description
of environmental conditions on the site which shall include the following
items:
[1]
Types of soils. List and describe each soil
type on the site. If applicable, provide soil profile pits and permeability
testing data. Where the proposed area of land disturbance will involve
soils with moderate or severe limitations relative to the type of
project proposed, a complete mapping of all soil types where the moderate
and severe limitations exist.
[2]
Topography. Describe the topographic conditions
on the site.
[3]
Geology. Describe the geologic formations and
features associated with the site as well as depth to bedrock conditions.
Delineate those areas where bedrock is within two feet of the surface
as well as major rock outcroppings.
[4]
Vegetation.
[a]
Describe the existing vegetation
on the site. A map shall be prepared showing the location of major
vegetative groupings such as woodlands, open fields and wetlands.
Where woodlands are delineated, the forest types, site quality and
age class shall be indicated.
[b]
For isolated trees eight inches
in diameter at three feet above the ground, the location and species
shall also be shown on the map.
[5]
Flora and fauna.
[Amended 10-16-2000 by Ord. No. 36-2000]
[a]
This element of the EIS shall include
mapping and written descriptions of all habitats located on the subject
property and within 200 feet of the subject property. A "habitat"
is defined as the sum total of all of the environmental and cultural
factors of a specific place that is occupied by an organism, population
or community. Environmental factors used in the definition of "habitat"
shall include, but may not he limited to, air quality, water quality,
groundwater supply, hydrology, geology, soils, topography, slope,
vegetation, wildlife, noise characteristics, land use, structures
and hazardous materials. Air and water quality shall be described
according to standards promulgated by the New Jersey Department of
Environmental Protection, and soils shall be described according to
criteria contained in the Soil Conservation District Standards.
[b]
This element shall also contain
an inventory of plants and animals, including threatened/endangered
species, that are present or that may be present within the habitats
that have been mapped. This inventory shall be based on the following:
[c]
A log, indicating the dates, times,
weather conditions and specific site conditions of the required on-site
inspections, shall be provided as part of the document.
[d]
If evidence is detected of the
presence of any threatened or endangered species as shown on any federal
or New Jersey threatened or endangered species lists, then this element
shall contain specific strategies and procedures to protect and preserve
such species and their habitats.
[e]
This element of the EIS shall be
prepared by an expert who is qualified and able to recognize the presence
of, or evidence of, a species of flora or fauna by site, sound, sign
and habitat. The Board may retain a qualified expert to review the
reports, findings and conclusions of the applicant's expert on behalf
of the Board. This review, along with other pertinent work, will be
paid for with escrow funds deposited by the applicant.
[6]
Air quality. Describe existing air quality.
[7]
Wetlands. Indicate the location and classification
of wetland areas.
[8]
Describe the subsurface and surface water conditions
on the site both in terms of depth to groundwater and water supply
capability. The location, depth, capacity and water quality of all
existing water wells on the site shall be indicated. The location
of wells within 500 feet of the site shall be indicated. Sources of
groundwater pollution should be identified.
[Amended 7-16-2001 by Ord. No. 12-2001]
[9]
Distinctive scenic and/or historic features.
Describe and map those portions of the site that can be considered
to have distinctive scenic and/or located in an historic district.
[10]
Existing development features.
Describe any existing features on the site that are not considered
to be part of the natural environment. This may include, but not necessarily
be limited to, roads, driveway accesses, housing units, accessory
structures, utility lines, etc.
[11]
Land use. Describe the land use
of the site and the region which will be affected significantly by
the proposed project.
[12]
Miscellaneous. When warranted,
the Board may require an analysis to be conducted of existing noise
levels as prescribed by the New Jersey State Department of Environmental
Protection.
(c)
Assessment of environmental impact of project: An assessment supported by environmental data of the environmental impact of the project upon the factors described in Subsection C(2)(b) and specifically the following:
[1]
Wastewater management.
[a]
An estimate of the expected quantity
and type of wastewater from the proposed development. If disposal
is on site, discuss the relation to topography, soils, wetlands and
underlying geology, including water table, aquifer recharge areas
and all wells within 500 feet of the disposal areas; include results
of soil profile pits and permeability tests required by ordinance.
[b]
If disposal is to an existing private
facility or to a public facility, identification, owner and location
of the plant and location of the existing collection point to which
the proposed project would be connected. Documentary evidence that
the expected flows from the proposed facility will be accepted and
can be treated adequately by the private or public facility must accompany
the environmental impact statement.
[c]
The applicant should demonstrate
compliance with all applicable state, county and Township health regulations
and current wastewater management plan.
[2]
Water supply.
[a]
If the water is to be supplied
from the site, an impact assessment of water supply is required. The
applicant must substantiate and explain the anticipated demand, present
proof that the aquifer contained within the property limits can yield
the desired amount of water, demonstrate that wells proposed for installation
will meet acceptable standards and assess the effect of proposed withdrawals
on existing and proposed wells and surface water bodies within the
geologic formation. If the plan includes 50 or more dwelling units,
certification of the adequacy of the proposed water supply and sewerage
facilities must be obtained from the New Jersey Department of Environmental
Protection and Energy and must be included in the EIS.
[b]
If the water is to be supplied
from any existing private or public facility, the identification,
owner and location of the facility and the location of existing distribution
point to which the proposed project would be connected shall be provided.
The applicant will submit documentary proof that the facility has
the available excess capacity in terms of its allowable diversion
and equipment to supply the proposed project and is willing to do
so. The applicant must demonstrate to the satisfaction of the Planning
Board that the total consumption of groundwater from on-site and off-site
sources will not exceed the available safe yield of the aquifer contained
within the property limits.
[3]
Surface drainage and stormwater management. Discussion of the stormwater management plan to be submitted in accordance with Article VII and compliance with the provisions of that section.
[4]
Stream corridors. A description and map of any
streams and immediate environs, steep banks, springs and wetlands
and stream-side vegetation located on the property. Include a map
depicting the floodway and flood hazard area as reflected on flood
hazard area delineation maps on file with the Township, along with
evidence of compliance with the section. The applicant shall supply
copies of all resource information provided to the Division of Water
Resources in support of an application for any required encroachment
permit.
[5]
Solid waste disposal. Estimate the volume of
solid wastes, by type, including excess earth, expected to be generated
from the proposed project during construction and operation and describe
plans for collection, storage, transportation and disposal of these
materials; identify the location(s), type(s) and owner(s) of the facility
(facilities) which will receive such solid wastes; demonstrate compliance
with the requirements of the Statewide Mandatory Source Separation
and Recycling Act.
[6]
Air quality. Describe each source, its location,
the quantity and nature of materials to be emitted from any furnace
or other device in which coal, fuel oil, gasoline, diesel fuel, kerosene,
wood or other combustible material will be burned or if any other
source of air pollutants, including automobiles attracted by the facility,
will be present on the site during or after construction. Evidence
of compliance with any applicable state and federal regulations shall
accompany the EIS. If a state or federal emission permit is required,
a copy of all resource data submitted with the application for the
permit shall also accompany the EIS.
[7]
Noise. A statement of anticipated effects on
noise and vibration levels, magnitude and characteristics related
to on-site activities and proposed method(s) of control. Background
levels of noise throughout the anticipated area affected must be determined.
Any applicant for industrial and commercial enterprises must show
that after construction and during normal operation the enterprise
will not exceed the State of New Jersey regulations controlling industries
and commercial stationary sources (N.J.A.C. 7:29-1.1 et seq.).
[8]
Traffic. Determine the present traffic volume
and capacity of the road(s) serving the project and the nearest major
intersection; calculate the traffic generated by the proposed project
and any increase in background levels during the course of the project's
completion; set forth projected volumes for roads and intersections
upon completion of the project and compare the projected level of
service (LOS) to the existing LOS; and describe traffic control measures
that will be incorporated to mitigate the impact. If the site is located
within the TDD, the effect and relationship to the TDD should be described.
[9]
Community impact. An analysis of the factors
affecting the finances of the Township, which shall include a comparison
of the estimated tax receipts and fiscal outlay for municipal services;
estimated number and types of jobs to be provided; calculation of
the number of school-aged children to be produced; and any addition
to existing municipal services rendered by the project.
[10]
Visual impact. Discuss how the
natural or present character of the area will be changed as a result
of the proposed development and the steps taken to mitigate the impact.
[11]
Artificial light. A statement
of anticipated effects on light, magnitude and characteristics related
to on-site activities and proposed methods of control, with particular
attention to the control of sky glow.
[12]
Critical and environmentally sensitive
area. Quantify and discuss the impact on critical areas, including
stream corridors, wetlands and slopes greater than 15%; and environmentally
sensitive areas, including highly erodible soils, areas of high water
table, mature stands of native vegetation, aquifer recharge and discharge
areas and other environmentally sensitive features, areas or conditions
not addressed elsewhere in the EIS. The analysis should include a
quantification of predevelopment and postdevelopment conditions on
the site.
[13]
Energy conservation. A description
of the site in terms of its physical orientation to solar access and
prevailing winds, addressing the building and site design and arrangement
in terms of energy efficient principles and maximum utilization of
renewable energy sources.
[14]
Environmental protective measures.
The EIS shall contain a listing of all environmental protective measures
which will be used should the proposed project be implemented. These
are measures which will avoid or minimize adverse effects on the natural
and man-made environment of the site and region during the construction
and operation of the facility.
[15]
Adverse impact which cannot be
avoided. The EIS shall contain a summary list, without discussion,
of the potential adverse environmental impacts which cannot be avoided
should the proposed project be implemented. Short-term impacts should
be distinguished from irreversible impacts. Any impacts on critical
areas, which include but are not limited to streams, floodways, wetlands,
slopes of 15% or greater, and environmentally sensitive areas, which
include but are not limited to highly erodible soils, areas of high
water table, aquifer recharge areas and mature stands of native vegetation,
should specify the type of criteria involved and the extent of similar
areas which will not be affected.
[16]
Summary environmental assessment.
The EIS shall contain a concise summary of the environmental impact
assessment for the proposed project. This summary will evaluate the
adverse and positive environmental effect of the project should it
be implemented and the public benefits expected to derive from the
project, if any.
[17]
Permits. List any permits required
for this project from federal, state, local or other governmental
agencies, including the name of the issuing agency, whether the permit
has been applied for and, if so, the date of the application, whether
the application was approved or denied (include date) or is pending
and the number of the application or permit.
(d)
Documentation. All publications, file reports,
manuscripts or other written sources of information which were first
consulted and employed in compilation of the environmental impact
statement shall be listed. A list of all agencies and individuals
from whom all pertinent information was obtained orally or by letter
shall be listed separately. Dates and locations of all meetings shall
be specified.
(e)
Summary environmental assessment. The EIS shall
contain a concise summary of the environmental impact assessment for
the proposed project. This summary will evaluate the adverse and positive
environmental effects of the project, should it be implemented and
the public benefits expected to derive from the project, if any.
(3)
Disposition by the Board. The Board shall review the
information furnished in the environmental impact statement in the
context of the overall design of the proposed development and the
relationship of the proposed development to the environment. The information
is to be used solely to help ensure that the proposed development
will not result in unreasonable adverse impact on the environment
and that the development has been conceived and designed in such a
manner that it will not significantly impair natural processes and
will not place a disproportionate or excessive demand upon the total
resources available to the project site and to the impact area.
D.
Action by the Township.
(1)
The staff of the Planning Board and Zoning Board of
Adjustment shall review the major subdivision or major site plan application
for the purpose of determining, within 45 days of its submission,
whether said application is complete. Thereafter:
(b)
If said application is found to lack some of the information required by § 148-102B and C of this chapter, said Board shall either:
[1]
Cause the applicant to be notified, in writing,
that said application is incomplete, specifying the deficiencies in
the application; or
[2]
If the Board reasonably concludes that the missing
items of information are not necessary for it to make an informed
decision on the application, said Board may waive the requirement
that said items be supplied as a prerequisite for completeness and
certify that the application is complete notwithstanding the missing
items.
(d)
In the event the Board fails to act pursuant to Subsections D(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the aforesaid application is certified
complete or on the 46th day following the submission of the application,
in the event the Board fails to make a determination of completeness,
as the case may be, the applicable time period within which the Board
must act upon the application shall commence. In any case, the applicant
is obliged to prove that he or she is entitled to approval of the
application. The Board may subsequently require correction of any
information found to be in error, may require submission of additional
information not specified in this chapter and/or may require revisions
in the application documents as are reasonably necessary to make an
informed decision as to whether the requirements for approval of the
application have been met, provided that the application shall not
be deemed incomplete for lack of any such additional information or
revisions.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the Administrative Officer
to the following:
(a)
Hunterdon County Planning Board: three copies
each of the preliminary plat or plan, one copy of drainage calculations,
the application and any protective covenants or deed restrictions;
(b)
The Planning Board or the Zoning Board of Adjustment,
as the case may be: five copies of the preliminary plat or plan;
(c)
Township Planner: one copy each of the preliminary
plat or plan, the application, any protective covenants or deed restrictions
and EIS;
(d)
Township Engineer: one copy each of the preliminary
plat or plan, the application, any protective covenants or deed restrictions,
drainage calculations and EIS;
(e)
Planning Board Attorney: one copy each of the
preliminary plat or plan, the application, any protective covenants
or deed restrictions and EIS.
(f)
Zoning Officer: one copy of the preliminary
plat or plan;
(g)
Township Environmental Commission: one copy
of the preliminary plat or plan;
(h)
Township Tax Assessor: one copy of the preliminary
plat or plan;
(i)
Hunterdon County Department of Health: one copy
of preliminary plat or plan;
(j)
Township Historian: one copy of the preliminary
plat or plan;
(k)
Police Department: one copy of the preliminary
plat or plan;
(l)
Fire Company: one copy of the preliminary plat
or plan;
(m)
At the direction of the Planning Board or the
Zoning Board of Adjustment, as the case may be, additional copies
of the preliminary plat or plan shall be sent to the Township Traffic
Engineer, other Township, county or state agencies as may be designated
by the Board.
(4)
The Planning Board shall take action on a preliminary
major site plan application involving 10 acres of land or less and
10 dwelling units or less and/or a preliminary major subdivision application
involving 10 lots or less within 45 days after the application has
been certified complete or within such further time as may be consented
to by the applicant. Failure of the Board to act within the prescribed
time period shall constitute approval of the application, provided
that any preliminary major site plan or preliminary major subdivision
application which includes any requested variance relief pursuant
to N.J.S.A. 40:55D-60 shall be acted upon within 120 days or within
such further time as may be consented to by the applicant.
(5)
The Planning Board shall take action on a preliminary
major site plan application involving more than 10 acres of land or
more than 10 dwellings and/or a preliminary major subdivision application
involving more than 10 lots within 95 days after the application has
been certified complete or within such further time as may be consented
to by the applicant. Failure of the Board to act within the prescribed
time period shall constitute approval of the application, provided
that any preliminary major site plan or preliminary major subdivision
application which includes any requested variance relief pursuant
to N.J.S.A. 40:55D-60 shall be acted upon within 120 days or within
such further time as may be consented to by the applicant.
(6)
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction as prescribed in § 148-102D(4) and (5) hereinabove in cases where the applicant has requested a use variance in accordance with N.J.S.A. 40:55D-70d and § 148-90D of this chapter. All aspects of the application shall be acted upon within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(7)
Any proposed application for development determined
by the Board to be creating, imposing, aggravating or leading to the
possibility of an adverse effect upon either the property in question
or upon any adjacent properties may be required to be revised to mitigate
any adverse effect(s) prior to further review or approval by the Board
or, where the remaining portion of the original tract is sufficient
to be subdivided or further developed, the applicant may be required
to submit a sketch of the entire portion of the tract to indicate
a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any such
adverse effect.
(8)
In the case of planned developments only, the Board
shall find the following facts and conclusions prior to granting approval:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Article V of this chapter pursuant to N.J.S.A. 40:55D-65c;
(b)
That the proposals for maintenance and conservation
of the common space and common facilities, if applicable, are reliable
and the amount, location and purpose of the common open space and
common facilities are adequate;
(c)
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;
(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 interest of the public and of the
residents, occupants and owners of the proposed development in the
total completion of the development are adequate.
(9)
All hearings held on applications for preliminary major subdivision approval and preliminary major site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see § 148-94D).
(10)
The recommendation of those agencies and officials
to whom the preliminary plat or plan was forwarded shall be given
careful consideration in the final decision on the development application.
If the County Planning Board or the Township Engineer approve the
preliminary submission, such approval shall be noted on the plat or
plan. If the Board acts favorably on the preliminary plat or plan,
the Township Engineer and the Chairman and Secretary of the Board
(or the Acting Chairman or Secretary, where either or both may be
absent) shall affix their signatures to at least four copies of the
plat or plan with the notification that it has been approved. The
applicant shall furnish such copies to the Board.
(11)
Should substantial revisions be deemed necessary,
the Board shall require that an amended plat or plan be submitted
and acted upon as in the case of the original application.
(12)
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 148-94F of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.
E.
Effect of preliminary approval.
(1)
Preliminary approval shall confer upon the applicant
the following rights for a three-year period from the date on which
the resolution of preliminary approval is adopted:
(a)
That the general terms and conditions on which
preliminary approval was granted shall not be changed, including but
not limited to use requirements; layout and design standards for streets,
curbs and sidewalks; lot size; yard dimensions; and off-tract improvements;
and in the case of a site plan, any requirements peculiar to site
plan approval; except that nothing therein shall be construed to prevent
the municipality from modifying by ordinance such general terms and
conditions of preliminary approval as relate to public health and
safety;
(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 plat or plan;
(c)
That the applicant may apply for and the Board
may grant extensions on 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 may govern.
(d)
Preliminary approval of a site plan or subdivision shall not
provide a basis for the issuance of a construction permit or certificate
of occupancy. No construction permit or certificate of occupancy associated
with a site plan or subdivision shall be issued until a site plan
has received, and perfected, final site plan approval.
[Added 9-3-2019 by Ord.
No. 19-2019]
(2)
In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in § 148-102E(1) hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:
(3)
The applicant may apply for thereafter, and the Board
may thereafter grant, an extension to preliminary approval for such
additional period of time as shall be determined by the Board to be
reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential
floor area permissible under preliminary approval;
(b)
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval;
(c)
Economic conditions; and
(d)
The comprehensiveness of the development;
(e)
Provided that if the design standards have been
revised by ordinance, such revised standards may govern.
(4)
Whenever the Planning Board grants an extension of
preliminary approval and preliminary approval has expired before the
date on which the extension is granted, the extension shall begin
on what would otherwise be the expiration date. The developer may
apply for the extension before or after what would otherwise be the
expiration date.
(5)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer 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 developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection E(3) above.
A.
Procedure for submitting final plats and final plans. A final plat or final plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer, at least three weeks prior to the regularly scheduled meeting of the Board, 13 copies of the final major subdivision plat or final major site plan; three copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and fees in accordance with Article XI of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans and agrees to be bound by it.
B.
Details required for final major subdivision plats
and final major site plans. The following information shall be submitted:
(2)
All additional details required at the time of preliminary
approval shall be submitted.
(3)
A section or staging plan, if proposed, indicating
the portion of the tract to be considered for final approval as part
of the current application and the relationship of the portion of
the tract to the remaining land area, including all applicable comparisons
such as parking spaces, building coverage, lot coverage, open space
areas and number of lots.
(4)
Detailed architectural (for site plans only) and engineering
data, including:
(a)
An architect's design drawing of each building
and sign or a typical building and sign showing front, side and rear
elevations.
(b)
Cross sections, plans, profiles and established
grades of all streets, aisles, lanes and driveways, including center-line
geometry and horizontal alignments with bearings, radius and tangents.
(c)
Plans and profiles of all storm and sanitary
sewers and water mains (as-builts if completed).
(d)
All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of 1:5,000 and the dimensions of all lot lines to within 1:10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart, and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the U.S. Geodetic Survey System, with the data on the plat as to how the bearings were determined. Conformance with § 148-102B(34) and the Map Filing Law. Additional exterior monuments may be required by the Board.
(5)
The final submission shall be accompanied by the following
documents:
(a)
Certification from the Township Tax Collector
whether all taxes and assessments are paid to date;
(b)
Letters directed to the Chairman of the Board
and signed by a responsible official of the lighting agency, water
company, sewer utility and of any other company or governmental authority
or district which provides accessory utility service and has jurisdiction
in the area, approving each proposed utility installation design and
stating who will construct the facility so that service will be available
prior to occupancy. The designing engineer(s) shall certify to the
Board that the existing cross section(s) and profile(s) have been
run in the field and the field notes shall be forwarded to the Township
Engineer;
(c)
The applicant shall certify in writing to the
Board that he has:
[1]
Submitted a letter from his engineer stating
that the final plat conforms to the preliminary plat as submitted
and approved, except for minor variations as required by the Board
or the Township Engineer. All changes shall be shown on the final
as-built plans;
[2]
Installed all improvements in accordance with
the requirements of this chapter; and/or
[4]
Submitted a letter from his engineer indicating
that the installed improvements are in conformance with the preliminary
plat.
(d)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in Article XI of this chapter and that such improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty.
C.
Action by the Township.
(1)
The Planning Board or Zoning Board of Adjustment,
as the case may be, and its professional advisors and site plan or
subdivision review committee shall review the aforesaid application
for the purpose of determining, within 45 days of its submission,
whether said application is complete. Thereafter:
(a)
If said application is found to contain all of the information required by § 148-103B of this chapter, said Board shall certify that said application is complete.
(b)
If said application is found to lack some of the information required by § 148-103B of this chapter, said Board shall either:
[1]
Cause the applicant to be notified, in writing,
that said application is incomplete, specifying the deficiencies in
the application; or
[2]
If the Board reasonably concludes that the missing
items of information are not necessary for it to make an informed
decision on the application, said Board may waive the requirement
that said items be supplied as a prerequisite for completeness and
certify that the application is complete notwithstanding the missing
items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 148-103B at least 10 days prior to the Board meeting. Said request shall be granted or denied by the Board within 45 days.
(d)
In the event the Board fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the aforesaid application is certified
complete or on the 46th day following the submission of the application,
in the event the Board fails to make a determination of completeness,
as the case may be, the applicable time period within which the Board
must act upon the application shall commence. In any case, the applicant
is obliged to prove that he or she is entitled to approval of the
application. The Board may subsequently require correction of any
information found to be in error, may require submission of additional
information not specified in this chapter and/or may require revisions
in the application documents as are reasonably necessary to make an
informed decision as to whether the requirements for approval of the
application have been met, provided that the application shall not
be deemed incomplete for lack of any such additional information or
revisions.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the Administrative Officer
to the following:
(a)
The Planning Board or the Zoning Board of Adjustment,
as the case may be: five copies of the final plat or plan and one
copy of the application;
(b)
Hunterdon County Planning Board: three copies
each of the final plat or plan and the application;
(c)
Township Planner: one copy each of the final
plat or plan and the application;
(d)
Township Engineer: one copy each of the final
plat or plan;
(e)
Township Board of Health: one copy each of the
final plat or plan;
(f)
Township Tax Assessor: one copy of the final
plat or plan;
(g)
Board Attorney: one copy of the final plat or
plan;
(h)
At the direction of the Board, additional copies
of the final plat or plan shall be sent to other Township, county
or state agencies as may be designated by the Board.
(4)
The Board shall take action on final site plan and
final subdivision applications within 45 days after the application
has been certified complete or within such further time as may be
consented to by the applicant. Failure of the Board to act within
the prescribed time period shall constitute approval of the application.
Prior to final approval the Board shall schedule a site inspection.
(5)
The recommendations of those agencies and officials
to whom the final plat or plan was submitted shall be given careful
consideration in the final decision on the development application.
If the County Planning Board or the Township Engineer approve the
final submission, such approval shall be noted on the plat or plan.
If the Board acts favorably on the final plat or plan, the Township
Engineer and Chairman and Secretary of the Board (or the Acting Chairman
or Secretary, where either or both may be absent) shall affix their
signatures to at least four paper copies of the plat or plan with
the notification that it has been approved. In the case of a site
plan, the applicant shall furnish such copies to the Board for signing.
Moreover, in the case of final subdivisions only, the applicant shall
include for signing at least one cloth copy and at least two Mylar
copies of the approved plat in addition to the 12 paper copies. The
paper copies shall be provided by the applicant after the plats have
been filed with the Hunterdon County Recording Officer.
(6)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the Hunterdon
County Clerk. The Planning Board may for good cause shown extend the
period for recording for an additional period not to exceed 190 days
from the date of signing of the plat. The Planning Board may extend
the ninety-five-day or one-hundred-ninety-day period if the developer
proves to the reasonable satisfaction of the Planning Board that the
developer was barred or prevented, directly or indirectly, from filing
because of delays in obtaining legally required approvals from other
governmental or quasi-governmental entities and that the developer
applied promptly for and diligently pursued the required approvals.
The length of the extension shall be equal to the period of delay
caused by the wait for the required approvals, as determined by the
Planning Board. The developer may apply for an extension either before
or after the original expiration date. No subdivision plat shall be
accepted for filing by the Hunterdon County Clerk until it has been
approved by the Planning Board as indicated on the instrument by the
signature of the Chairman and Secretary of the Planning Board or a
certificate has been issued pursuant to Sections 35, 38, 44, 48, 54
or 63 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-50, 40:55D-56, 40:55D-61,
40:55D-67 or 40:55D-76). The signatures of the Chairman and Secretary
of the Planning Board shall not be affixed until the developer has
posted the guaranties required pursuant to Section 41 of P.L. 1975,
c. 291, N.J.S.A. 40:55D-53. If the Hunterdon County Clerk records
any plat without such approval, such recording shall be deemed null
and void, and upon request of Readington Township, the plat shall
be expunged from the official records. It shall be the duty of the
Hunterdon County Clerk to notify the Planning Board in writing within
seven days of the filing of any plat, identifying such instrument
by its title, date of filing and official number.
(7)
After approval of the final plat or plan by the Board,
the Board shall retain one linen and one Mylar (in the case of a subdivision)
and one paper print of the signed plat and shall distribute the paper
prints as follows:
(a)
Township Engineer: one paper copy;
(b)
Construction Official: one paper copy;
(c)
Township Tax Assessor: two paper copies;
(d)
Township Tax Collector: one paper copy;
(e)
The applicant: one paper copy and, in the case
of subdivisions only, one Mylar copy; and
(f)
Such other Township, county or state agencies
and officials as directed by the Board.
(8)
If the Board, after consideration and discussion of
the final plat or plan, disapproves the submission, a notation to
that effect shall be made by the Chairman of the Board on the plat
or plan. The Secretary of the Board, within 10 days of the adoption
of the resolution, shall notify the applicant of such disapproval
and forward the applicant a copy of the adopted resolution setting
forth the reasons for the disapproval.
(9)
In the case of PND and PND-1 developments only, final
approval shall not be granted for any section of the development unless,
within the entire development if developed in one stage or within
each stage of the development if staged, the construction and issuance
of certificates of occupancy for low- and moderate-income units has
met the following phasing schedule to assure that the construction
of both types of units occurs in tandem:
|
Market Rate Housing
Percentage
(Maximum)
|
Low- and Moderate-Housing
Percentage
(Minimum)
| |
|---|---|---|
|
Up to 25%
|
0% (none required)
| |
|
25% + 1
|
At least 10%
| |
|
Up to 50%
|
At least 25%
| |
|
Up to 75%
|
At least 50%
| |
|
Up to 100%
|
100%
|
D.
Effect of final approval.
(1)
Final approval of a subdivision or site plan shall
confer upon the applicant the following rights for a period of two
years from the date on which the resolution of final approval is adopted:
(a)
The zoning requirements applicable to the preliminary
approval developer, whether conditionally or otherwise, shall not
be changed.
(b)
If the developer has followed the standards
prescribed for final approval, the Board may extend the period of
protection for extensions of one year each, not exceeding three such
extensions.
(2)
In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in § 148-103D(1) herein above for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:
(3)
The developer may apply thereafter and the Board may
thereafter grant an extension to final approval for such additional
period of time as shall be determined by the Board to be reasonable,
taking into consideration:
(4)
Whenever the Planning Board grants an extension of
final approval and final approval has expired before the date on which
the extension is granted, the extension shall begin on what would
otherwise be the expiration date. The developer may apply for the
extension either before or after what would otherwise be the expiration
date.
(5)
The Planning Board shall grant an extension of final
approval for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
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 developer applied promptly
for and diligently pursued these approvals. A developer shall apply
for the extension before what would otherwise be the expiration date
of final approval or the 91st day after the developer receives the
last legally required approval from other governmental entities, whichever
occurs later. An extension granted pursuant to this subsection shall
not preclude the Planning Board from granting an extension pursuant
to the section above.
(6)
Final approval of a site plan or subdivision is required prior
to the issuance of a construction permit or certificate of occupancy.
No construction permit or certificate of occupancy associated with
a site plan or subdivision shall be issued until a site plan has received,
and perfected, final site plan approval.
[Added 9-3-2019 by Ord.
No. 19-2019]
