A.
General.
[Amended 1-6-1992 by Ord. No. 92-1; 5-7-1992 by Ord. No.
92-16]
(1)
No structure in the Township shall be erected, moved,
externally altered, added to or enlarged and no land or building thereon
shall be used and no building permit or certificate of occupancy shall
be issued except in accordance with site and building plans which
have been approved as provided in this article; provided, however,
that this article shall not apply to:
(a)
Residential structures or uses or structures
accessory thereto on an existing independent lot of record or classified
as a minor subdivision.
(b)
Certain agricultural uses, as follows:
[1]
Grain, vegetable, fruit, meat storage and processing
structures and silos.
[2]
Machinery or utility storage structures.
[3]
Watering and livestock buildings.
[4]
Roadside stands.
[5]
On property less than 10 acres, farm structures,
the total of which may not exceed 4,000 square feet of coverage without
Land Use Board approval.
[6]
On property of 10 to 20 acres, farm structures,
the total of which shall not exceed 20,000 square feet each or the
total square foot coverage of 50,000 square feet without Land Use
Board approval.
[7]
On property greater than 20 acres, farm structures,
the total of which shall not exceed 7% of the land area nor be larger
than 20,000 square feet per farm structure without Land Use Board
approval.
(2)
On properties of the sizes set forth in Subsections A(1)(b)[5], [6] and [7] above, involving a land disturbance of more than 5,000 square feet, the applicant must submit to the Construction Code Official a farm conservation plan prepared by the Soil Conservation District and implemented (on the ground) prior to start of construction. No permits or approvals will be issued by the Township until the plan is implemented and approved by the Soil Conservation District.
(3)
Applicants for temporary or permanent greenhouses
covering 5,000 square feet or more shall submit to the Construction
Code Official a farm conservation plan approved by the Soil Conservation
District.
(4)
The aforementioned must be implemented (on the ground)
and maintained in accordance with design standards prior to construction
or installation.
B.
Off-site/off-tract improvements.
(1)
Off-tract improvements. A developer, as a condition
for approval of a site plan, must pay his pro rata share of the cost
of providing reasonable and necessary street improvements and water,
sewerage and drainage facilities and easements therefor located outside
the property limits of the subdivision or development but necessitated
or required by construction or improvements within such subdivision
or development. Where a developer pays the amount determined as his
pro rata share under protest, he shall institute legal action within
one year of such payment in order to preserve the right to a judicial
determination as to the fairness and reasonableness of such amount.
(2)
Off-site improvements. A developer, as a condition
for approval of a site plan, must pay the cost of providing reasonable
and necessary improvements, including but not limited to water, sewerage
and drainage facilities and easements therefor, located within such
subdivision or development.
C.
Exemption or waiver. The Board may exempt from the
requirements of this article an application for development if the
total value of construction or alteration is under $5,000 or if the
nature and extent of construction or alteration is considered a part
of normal repair, maintenance or replacement, and any procedural requirements
of this article may be waived. In the event that any of the required
terms of the site plan or other supporting documents are not applicable
to the site in question due to practical difficulties, the applicant
shall request in writing of the Board those items from which he wishes
to have exemption by the Board and such items may be granted exemption
if the Board determines that they are not required for review of the
site plan. This subsection shall not be construed to permit a waiver
of any substantive zoning requirements. The Board, when acting upon
applications for preliminary site plan review, shall have the power
to grant such exemptions from the requirements for site plan approval
as may be reasonable and within the general purpose and intent of
the requirements if a literal enforcement of one or more provisions
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
The following procedures shall govern the submission
and review of preliminary site and building plans:
A.
Application form. The applicant shall submit to the
Board Clerk a signed application in triplicate on Board forms and
12 copies of all site and building plans, along with such other information
as may be reasonably required by the Board to make an informed determination
as to whether the requirements necessary for preliminary site plan
review have been met. The plans and other engineering documents shall
be required in tentative form for discussion purposes for preliminary
approval. If any architectural plans are necessary, the preliminary
plan and elevations shall be sufficient. The Board Clerk shall transmit
a copy of the application and one copy of each accompanying document,
including the development review checklist, to the Subdivision Review
Committee for an initial review of the completeness of the application.
B.
Fees.
[Amended 6-2-1988 by Ord. No. 88-8]
(1)
Accompanying each application for site plan review pursuant to this chapter, the applicant shall deposit, with the Board Clerk, the applicable site plan application fee as well as the applicable site plan escrow amount as contained in Chapter 225, Land Use Fees.
(2)
Construction and final inspection escrow amount. Prior to issuance of a construction permit and prior to authorization to start construction of site improvements, the person to whom the permit is issued shall pay the applicable construction and final inspection escrow amount as provided for in Chapter 225, Land Use Fees.
C.
Environmental impact statement. Accompanying each application for site plan review pursuant to this chapter, the applicant shall submit 25 copies of an environmental impact statement prepared in accordance with the provisions of Article VII of this chapter.
D.
Time to submit. An application for site plan review
shall be submitted to the Board Clerk at least three weeks prior to
the regular meeting at which consideration is desired.
E.
Submission of application, complete application and applicable time
periods.
[Amended 12-4-1997 by Ord. No. 97-44; 5-24-2012 by Ord. No. 2012-04]
(1)
The Township's Land Use Administrator shall provide an applicant
with written confirmation that an application has been submitted.
No application for development shall be deemed "submitted" until and
unless the Land Use Administrator determines that the application
meets the following requirements:
(a)
All relevant blanks on the appropriate Township application
form(s) are addressed and completed.
(b)
All plans required to be submitted have been submitted and are
sealed by the appropriate professionals, as required.
(c)
If waivers are requested from any checklist requirement, a written
explanation must be provided for each checklist item from which a
waiver is sought.
(d)
Checks in the correct amount for the application and escrow
fees are received.
(e)
An escrow agreement is properly executed by the applicant.
(2)
An application for development shall be deemed complete within 45
days of being submitted if the Land Use Administrator recommends that
the application be deemed complete and all submission waivers granted
and that recommendation is accepted by the Land Use Board by way of
a motion taken at a regularly scheduled meeting. In the event the
application is not certified to be complete within 45 days of the
date of being submitted, the application shall be deemed complete
as per N.J.S.A. 40:55D-10.3, unless:
(3)
Nothing herein shall be construed as diminishing or alleviating the
applicant's obligation to prove its entitlement to the relief sought
after the application has been deemed complete.
(4)
The approving authority may subsequently require additional information
to correct any information in a complete application that is found
to be in error or require the submission of additional information
not specified in the ordinance, as may be reasonably necessary to
make an informed decision as to whether the requirements necessary
for an approval of the application have been met. The application
shall not be deemed incomplete for lack of any such additional information
or revisions in the accompanying documents so required by the approving
authority.
(5)
There shall be submitted to the approving authority with every application
for development a properly completed checklist, or checklists, appropriate
for each application for development for which approval is sought
or required. No application for development shall be complete unless
and until such properly completed checklist(s) has been submitted.
F.
Amended applications. If the Board required any substantial
amendment in the layout of improvements proposed by the applicant
that have been the subject of a hearing, an amended application for
development shall be submitted and proceeded upon as in the case of
the original application for development. The Board shall, if the
proposed development complies with this chapter and the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.), grant preliminary site plan
approval.
G.
Corporate or partnership application. A corporation or partnership applying to the Land Use Board or the Township Committee for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site plan to be used for commercial purposes shall be subject to the same requirements of disclosure of noncorporate stockholders or individual partners as described under § 310-57G of Article VIII of this chapter.
H.
Time for approval. Upon the submission to the Board
Clerk of a complete application for site plan review of 10 acres of
land or less and of 10 dwelling units or less, the Board shall grant
or deny preliminary approval within 45 days of the date of such submission
or within such further time as may be consented to by the applicant.
Upon submission to the Board Clerk of a complete application for site
plan review of more than 10 acres of land or more than 10 dwelling
units, the Board shall grant or deny preliminary approval within 95
days of the date of such submission or within such further time as
may be consented to by the applicant. Otherwise, the Board shall be
deemed to have granted preliminary approval to the site plan.
I.
Substantial change to application; inactive application.
(1)
New application required for substantial change to application. Any
changes made to an application during the hearing process before the
approving authority which are deemed by the approving authority to
be substantial shall require a new application to be filed. All time
frames will begin from the date the new application is submitted and
deemed complete.
(2)
Dismissal of inactive applications. An application which is not brought
to a public hearing within six months of filing may be administratively
dismissed without prejudice if the Land Use Administrator finds that
the applicant is not diligently proceeding with the application.
The following special requirements shall apply
to the submission of applications for minor site plan review. Unless
specifically modified in this section, all requirements for major
site plans shall apply to applications, reviews and approvals of minor
site plans pursuant to this chapter.
A.
Application form. The application form for minor site plan review shall be completed as provided for in § 310-39A of this article and shall contain or be accompanied by such information as may be reasonably required by the Board to make an informed determination as to whether the requirements necessary for minor site plan approval have been met.
B.
Scale of plats. Site and building plan drawings for
minor site plan review shall be drawn to a scale of not less than
one inch equals 50 feet unless waiver is granted by the Board.
C.
Notice and hearing. Notice and public hearing on applications for minor site plan review may be waived if the Board or the Subdivision Review Committee thereof appointed by the Chairman finds that the application conforms to the definition of minor site plan. Minor site plan approval shall be deemed to be final approval of the site plan by the Board; provided, however, that the Board may condition its approval upon terms ensuring the provision of certain limited improvements as in the case of minor site plans pursuant to § 310-48 of this article.
D.
Time for approval. Minor site plan approval shall
be granted or denied within 45 days of the date of submission of a
complete application to the Board Clerk or within such further time
as may be consented to by the applicant. Failure of the Board to act
within such time shall constitute minor site plan approval and a certificate
of the Board Clerk as to the failure of the Board to act shall be
issued upon request of the applicant, and it shall be sufficient in
lieu of a written endorsement or other evidence of approval.
E.
Protection. The zoning requirements and general terms
and conditions, whether conditional or otherwise, upon which minor
site plan approval was granted shall not be changed for a period of
two years after the date of such minor site plan approval.
A.
All site and building plan drawings accompanying an
application for site plan review shall be clearly and legibly drawn,
certified and sealed by a licensed New Jersey professional engineer
or land surveyor, depending upon the nature of the information to
be provided, on one of four sheet sizes authorized by the Map Filing
Law (N.J.S.A. 46:23-9.9 et seq.),[1] and shall be reproduced to a scale of not less than one
inch equals 50 feet and shall show or be accompanied by the following
minimum information unless a waiver is granted:
(1)
A title block containing the name of the project,
if any, and the name and address of the record owner or owners, the
applicant and the person or persons who prepared the drawing.
(2)
The date of the original drawing and of each subsequent
revision. When more than one drawing is involved, a revision index
shall be included on the first drawing, which shall list each sheet
involved and its latest revision number and date. Such index shall
be located in the lower right portion of the drawing, near the title
block, so as to be visible when the drawing is folded.
(3)
The zoning district(s) in which the tract is located.
(4)
The Tax Map sheet, block and lot numbers.
(5)
The scale of each drawing and detail, both written
and graphic.
(6)
A North arrow and reference for its source.
(7)
A scaled key map showing the entire project and its
relationship to surrounding properties.
(8)
Certificates and locations for signatures on the drawing
for the following:
(a)
That the applicant is the owner of the land
or the agent of the owner, or that the owner or owners have given
consent under an option agreement.
(b)
That the professional engineer or land surveyor
has prepared the drawing accurately in accordance with current field
survey data.
(c)
Any other certificates required by law or ordinance.
(9)
A certificate from the Township Tax Collector that
all taxes on the property to be used have been paid to the date of
the application.
(10)
The names of owners of all properties located
within 200 feet of the entire project, including properties across
any existing or proposed streets.
(11)
The dimensions of each block or lot to be built
upon or otherwise used, expressed in feet to the nearest 1/100 of
a foot; bearings of each dimensional block or lot line, expressed
in degrees, minutes and seconds; the area of each lot, expressed in
square feet; and the acreage of each lot, expressed to the nearest
1/100 of an acre.
(12)
The minimum building setback lines (front, rear
and side).
(13)
Dimensioned contour lines at ten-foot vertical
intervals for slopes of 10% or greater and at two-foot vertical intervals
for land of lesser slope, based where possible on the New Jersey geodetic
control survey elevation datum and based on current field survey data.
(14)
All existing and any proposed items such as:
(a)
The location, description, purpose, name and
width of all existing and proposed streets, rights-of-way and easements
on the entire tract and within 200 feet of the tract.
(b)
The size, shape and location of buildings and
structures and their setbacks from existing and proposed property
lines.
(c)
The location of existing and proposed railroads,
bridges, culverts, drainpipes, drainage structures, wells and septic
systems.
(d)
The location of any natural features such as
watercourses, floodplains, wooded areas, open or cultivated fields,
isolated trees 18 inches or larger in diameter, cliffs and rock outcroppings.
(e)
The location and layout of parking areas, parking
spaces and driveways.
(f)
The location of electrical, telephone, gas,
television cable and other utilities.
(g)
A landscaping plan, including the types, quantity,
size and location of all proposed plantings and screenings.
(h)
The location of all fences, signs, lights and
advertising features.
(15)
The first-floor plan and all elevations of each
proposed principal building or structure and of each accessory building
or structure, including signs and exterior lighting.
(16)
A copy of the drainage design calculations,
including watersheds and stormwater analysis, together with a marked
plan showing the various watershed areas.
(17)
Plans for an individual sewage disposal system
where proposed, with prior approval of the plans by the local or state
health agency.
(18)
Building coverage, expressed as a percentage
of lot area.
(19)
Appropriate road dedication to the Township,
county or state in accordance with ordinance or statute requirements.
(20)
Sight triangle easements at all roadway intersections,
100 feet in each direction along the major roadway measured from each
right-of-way line of the minor roadway, and 30 feet on both sides
of the minor roadway measured from the adjacent right-of-way line
of the major roadway.
(21)
Drainage easements for all watercourses.
(22)
Delineation of aquifer recharge areas and indication
of safe sustained groundwater yield of the tract compared to the anticipated
groundwater consumption for the proposed development.
(23)
Designation of areas where construction is precluded
outside the buildable area of the lot.
(24)
An additional plan drawn to a scale appropriate
to depict the entire tract to be developed on one sheet.
(25)
Any other information or data required or requested
by the Board or the Township Engineer and considered necessary to
meet the requirements of this chapter for site plan approval.
[1]
Editor's Note: N.J.S.A. 46:23-9.7 et seq. was repealed by
L. 2011, c. 217, § 2, effective 5-1-2012. See now N.J.S.A. 46:26B-1
et seq.
The Township Engineer and the Township Zoning Officer shall report to the Board whether or not the application for site plan review complies with all provisions of Chapter 220, Land Use, and this chapter, and if not, such reports shall specify all the aspects in which the application does not comply. If the Township Engineer's report indicates that the application does not comply with such ordinance and this chapter, the Township Engineer shall notify the applicant in writing of the respects in which it does not comply, together with a copy of his report to the Board. Neither the failure of the Township Engineer to so notify the applicant nor the omission of any zoning or site plan noncompliance from such notification shall relieve the applicant from the requirements of such ordinance and this chapter. The application for site plan review shall be reviewed as hereinafter provided for, notwithstanding the noncompliance with such ordinance and chapter as indicated in the said report, but the grant of any approval thereon shall not relieve the applicant from any provision of such ordinance or chapter, nor shall such approval, unless it specifically so indicates, constitute a recommendation of any zoning variance or other relief that the applicant may thereafter seek from the Land Use Board.
The Board shall, after receiving the reports
of the Township Engineer and the Township Zoning Officer, review the
application for site plan review and take action thereon. The Board
shall be guided in this action by the site and environmental standards
hereinafter set forth as well as by any other applicable provisions
of this chapter and may retain such consultants and seek such expert
advice as it shall deem necessary. The applicant shall have the right
to appear before the Board and be heard with respect to the application.
After completion of its review the Board shall approve or disapprove
the application, stating its findings and the reasons for its action.
Approval may be conditioned upon the applicant's adoption of specified
changes in the application or needed variances, or both. A copy of
the Board's findings and official action shall be given to the applicant,
the Township Engineer, the Construction Code Official, the Board Attorney,
the Township Committee and the Zoning Officer.
The Board shall have the power to review and
approve or deny site plans simultaneously with review for subdivision
approval without the applicant's being required to make further application
to the Board or the Board's being required to hold further hearings.
The longest time period for action by the Board, whether it be for
site plan or subdivision approval, shall apply.
All site and building plans accompanying an application for final site plan review shall comply with all requirements for drawings for preliminary site plan review as delineated in § 310-41 of this article. These plans shall represent the improvements as built and installed by the applicant and/or his contractor. In the event that modifications in the preliminary approved site and building plans are necessitated by a change of conditions beyond the control of the applicant, such modifications may be permitted by the Board or the Township Engineer, provided that such modifications do not substantially alter the character of the development nor substantially impair the intent and purpose of the Master Plan, this chapter, Chapter 220, Land Use, the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or any other ordinances of the Township. These as-built plans shall also show or be accompanied by the following additional information:
A.
Signatures on all certificates which were not required
at the time of preliminary site plan approval.
B.
Approval of the Township Engineer that all improvements
have been installed, such as streets, curbs and gutters, catch basins,
storm sewers, sanitary sewers, water mains and surface grading.
C.
Description and purpose of any easements or other
rights-of-way which are planned to be reserved or dedicated to the
public use.
A.
The Board shall grant final approval of a site plan
if the detailed as-built drawings and specifications of the application
for final approval conform to the standards established by this chapter
for final approval and the conditions of preliminary approval have
been satisfied.
[Amended 12-4-1997 by Ord. No. 97-44]
B.
Final approval shall be granted or denied within 45
days after submission of a complete application, including 12 copies
of the proposed final site and building plans, to the Board Clerk
or within such further time as may be consented to by the applicant.
Failure of the Board to act within such time shall constitute final
approval of the site plan and a certificate of the Board Clerk as
to the failure of the Board to so act shall be issued on request of
the applicant, and it shall be sufficient in lieu of the written endorsement
or other evidence of approval.
A.
The zoning requirements applicable to the preliminary
site plan approval first granted and all other rights conferred upon
the applicant pursuant to N.J.S.A. 40:55D-49, whether conditional
or otherwise, shall not be changed for a period of two years from
the date of final approval; provided, however, that if the design
standards prescribed for final site plan approval have been followed
by the applicant, the Board may extend the period of protection for
extensions of one year, not to exceed three such extensions. Final
site plan approval terminates the time period of preliminary approval
for the section or sections granted final approval.
B.
In the case of a site plan for a conventional site
plan of 150 acres or more, these rights may be granted by the Board
for such period of time longer than two years as shall be determined
by the Board to be reasonable, taking into consideration:
A.
As a condition of final site plan approval, the Board
may require and accept from the applicant, for the purpose of ensuring
the installation and maintenance of certain limited on-tract improvements:
(1)
The furnishing of a corporate surety performance bond
in favor of the Township in the amount of 110% and cash in the amount
of 10% of the cost of installation of only street signs, final seeding,
planting and landscaping and surveyor's monuments as shown on the
final map.
B.
If other governmental agencies or public utilities
will automatically own the utilities installed or if the improvements
are covered by a performance or maintenance guaranty to another governmental
agency, no performance or maintenance bond shall be required by the
Township for such utilities or improvements.
C.
The amount of the performance bond and the cash deposit
may be reduced by resolution of the Township Committee when the Township
Engineer certifies that portions of the improvements are completed.
The time for installation of the improvements for which the performance
bond has been provided may be extended by resolution of the Township
Committee. As a condition or as part of such extension, the amount
of any performance guaranty shall be increased or reduced, as the
case may be, to an amount not to exceed 120% of the cost of the installation
as determined as of the time of the passage of the resolution.
D.
If the required improvements are not completed or
corrected in accordance with the performance bond, the obligor and
surety shall be liable to the Township for the reasonable cost of
required improvements not completed or corrected and the Township
may, either prior to or after receipt of the proceeds thereof, complete
said improvements.
E.
Upon substantial completion of all required appurtenant
utility improvements and the connection of same to the public system,
the obligor may notify the Township Committee in writing, by certified
mail addressed to the Township Clerk, of the completion or substantial
completion of said improvements and shall send a copy thereof to the
Township Engineer. The Township Engineer shall then inspect all improvements
of which such notice has been given and shall file a detailed written
report with the Township Committee, indicating approval, partial approval
or rejection of such improvements, with a statement of reasons for
any rejection. The cost of the improvements as approved or rejected
shall be set forth in said report.
F.
Within 65 days after receipt of the obligor's notice
of completion of such improvements, the Township Committee shall approve,
partially approve or reject the improvements based on the Township
Engineer's report and shall notify the obligor in writing by certified
mail of the contents of the report and the Committee's action thereon.
Where partial approval is granted, that portion of the performance
guaranty sufficient to secure improvements not approved shall be retained,
and the remaining liability of the obligor shall be released; provided,
however, that 30% of the amount of the performance guaranty posted
may be retained to ensure completion of all improvements. Failure
of the Township Committee to send notice within 65 days shall constitute
approval of such improvements and the obligor and surety shall be
released from all liability pursuant to such performance guaranty
for such improvements.
G.
The same procedure of notification shall apply when
the obligor completes improvements previously rejected.
H.
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, through the construction inspection fee pursuant to § 310-39B(2) of this article.
I.
If final approval of the site plan is accomplished
by stages or sections, the provisions of this section shall be applied
by stage or section.
A.
Whenever the proposed development requires approval, pursuant to the Municipal Land Use Law or to ordinance, the Board shall have the power to grant variances pursuant to N.J.S.A. 40:55D-70(d); provided, however, as set forth in N.J.S.A. 40:55D-25(c) Class I and Class III member shall not participate in the consideration of applications for development which would involve relief pursuant to Subsection (d) of N.J.S.A. 40:55D-70.
[Amended 2-10-2005 by Ord. No. 2005-03; 10-31-2006 by Ord. No. 2006-12]
(1)
Variances from the strict application of Chapter 220, Land Use:
(a)
Where, by reason of exceptional narrowness,
shallowness or shape of a specific piece of property, or by reason
of exceptional topographic conditions or physical features uniquely
affecting a specific piece of property, or by reason of an extraordinary
and exceptional situation uniquely affecting a specific piece of property
or the structures lawfully existing thereon, the strict application
of any zoning regulation would result in peculiar and exceptional
practical difficulties to or exceptional and undue hardship upon the
applicant; or
(b)
Where, in an application relating to a specific piece of property, the purposes of the Municipal Land Use Law or Chapter 220, Land Use, would be advanced by a deviation from Chapter 220 requirements and the benefits of the deviation would substantially outweigh any detriment; provided, however, that no variance from those departures enumerated in Subsection d of N.J.S.A. 40:55D-70 shall be granted under this Subsection A(1).
(c)
Hear and decide appeals from any order, requirement, decision of refusal of an administrative assistant of the Township based on or made in enforcement of Chapter 220, Land Use, or the Official Map, if any. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds. The officer shall immediately transmit the record upon which the action appealed from was taken.
(e)
Grant a variance from a land use regulation
where, by reason of exceptional narrowness, shallowness or shape of
a specific piece of property, or by reason of exceptional topographic
conditions, or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
the regulation would result in peculiar and exceptional practical
difficulties to or exceptional and undue hardship upon the developer;
provided, however, that no variance shall be granted hereunder to
allow a structure or use in a district restricted against the structure
or use.
(f)
In particular cases and for special reasons, grant a variance to allow departure from the terms of this chapter not included within Subsection A(1)(c), (d) and (e) of this section, including but not limited to allowing a structure or use in a zone restricted against such structure or use, but only by affirmative vote of five members of the Board.
(g)
Direct the issuance, by an affirmative vote
of a majority of the full authorized membership of the Board, of a
permit for a building or structure in the bed of a mapped street or
public drainageway, flood control basin or public area if the parcel
cannot yield a reasonable return to the owner unless a building permit
is granted, which will as little as practicable increase the cost
of opening such street or tend to cause a minimum change of the Official
Map, subject to reasonable conditions to promote the health, morals,
safety and general welfare of the public; provided, however, that
if a subdivision, site plan or conditional use approval is also required,
the Land Use Board shall have exclusive jurisdiction to grant such
variance.
(h)
Direct the issuance of a permit for a building
or structure which does not abut a street duly placed on the Official
Map or an existing state, county or municipal street or highway or
a street shown on a plat approved by the Land Use Board or on a plat
duly filed in the County Clerk's office prior to passage of the first
Land Use Ordinance of the Township, and certified to be suitably improved
or its improvement assured by an approved and adequate performance
guaranty, where denial of the permit would entail practical difficulty
or unnecessary hardship or where circumstances do not require the
building or structure to be related to a street, subject to conditions
that will provide adequate access for fire-fighting equipment, ambulances
and other emergency vehicles necessary for the protection of health
and safety and that will protect any future street layout shown on
the Official Map, if any, or on the general circulation plan element
of the Township Master Plan, if any; provided, however, that if a
subdivision, site plan or conditional use approval is also required,
the Land Use Board shall have exclusive jurisdiction to grant such
variance.
B.
In respect of an airport hazard area delineated under
the Airport Safety and Hazardous Zoning Act of 1983, P.L. 1983, c.
260 (N.J.S.A. 6:1-80 et seq.), no variance of other relief may be
granted under the terms of this section permitting the creation or
establishment of a nonconforming use which would be prohibited under
the standards promulgated in N.J.A.C. 16:62 except upon issuance of
a permit by the New Jersey Commissioner of Transportation.
[Added 4-2-1987 by Ord. No. 87-16; amended 9-8-1987 by Ord. No.
87-31]
C.
If relief is requested under this section, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit.
D.
The applicant may elect to submit a separate application requesting approval of the variance or direction for the issuance of a permit and a subsequent application for any required approval of a site plan or subdivision. The separate approval of the variance or direction for the issuance of a permit shall be conditioned upon the grant of all required subsequent approvals by the Board. No such subsequent approval 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 Chapter 220, Land Use.
E.
Whenever an application for site plan review includes
a request for a variance, the Board shall grant or deny approval of
the application within 120 days after submission by the applicant
to the Board Clerk of a complete application or within such further
time as may be consented to by the applicant. In the event that the
applicant elects to submit separate consecutive applications, the
aforesaid time period shall apply to the application for approval
of the variance or direction for the issuance of a permit. The period
for granting or denying any subsequent approval shall be as otherwise
provided in this chapter. Failure of the Board to act within such
time period shall constitute approval of the application and a certificate
to such effect shall be issued on request of the applicant by the
Board Clerk, and it shall be sufficient in lieu of the written endorsement
or other evidence of approval.
A.
No construction work shall commence without the Township
Engineer's being properly notified. Such notice shall be given by
the applicant or his contractor at least 72 hours before commencement
of any work.
B.
No construction work shall commence without there
first having been conducted a preconstruction conference between the
applicant and/or his contractor and the Township Engineer.
