Township of Franklin, NJ
Hunterdon County
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Table of Contents
Table of Contents
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:
(a) 
The application lacks information indicated on the applicable checklist; and
(b) 
The Land Use Administrator has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
(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:
(1) 
The number of dwelling units and nonresidential floor area permissible under final site plan approval.
(2) 
Economic conditions.
(3) 
The comprehensiveness of the development.
C. 
In cases specified in Subsection B above, the applicant may apply for 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:
(1) 
The number of dwelling units and nonresidential floor area permissible under final site plan approval.
(2) 
The number of dwelling units and nonresidential floor area remaining to be developed.
(3) 
Economic conditions.
(4) 
The comprehensiveness of the development.
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.
(2) 
Provision, as a condition of final approval and the release of the performance bond, for a two-year corporate surety maintenance bond in favor of the Township in the amount of 15% of the cost of the improvements indicated in Subsection A(1) above.
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.
(d) 
Hear and decide requests for interpretation of the Zoning Map or Chapter 220, Land Use, or decide other special questions said Board is authorized to pass on by Chapter 220 or Official Map Ordinance.
(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.