A.
Development defined. "Development" means the construction,
reconstruction, conversion, structural alteration, relocation or enlargement
of any building or other structure or of any mining, excavation or
landfill and any use or change in the use of any building or other
structure or land or extension of use of land, including alteration
to a site, for which permission is required pursuant to this chapter.
B.
Application. An application for development is required
for all development as defined above, except that approval of a site
plan by the Planning Board for detached single-family dwelling units
and their accessory buildings shall not be required. No building permit
shall be issued until approval has been given by the municipal agency
for those applications requiring approval. A development application
may take the form of a request for site plan approval, conditional
use or variance from the standards of this chapter, or it may combine
any o the above.
C.
County Planning Board. Review and approval of site
plans for any property having frontage on a county road shall be required
for commercial, industrial or multifamily structures containing four
or more units or any land development for the above uses that require
off-street parking or producing surface runoff in excess of county
standards. The municipal agency shall condition any approval that
it grants upon timely receipt of a favorable report or approval by
the County Planning Board's failure to report thereon within 30 days.
D.
Submission.
[Amended 5-20-2002 by Ord. No. 11-8-2002]
(1)
All development applications for the Planning
Board shall be submitted to the Municipal Clerk at least 21 days prior
to the Planing Board meeting at which consideration is desired. Planning
Board applications and plats shall be submitted in 20 blue- or black-on-white
prints and shall be accompanied by 20 copies of the application form.
The Municipal Clerk shall retain one full set of the application and
documentation and shall forward the remaining sets and supporting
data to the proper municipal agency. Site plan review shall be given
in two stages, the preliminary site plan and the final site plan.
(2)
All development applications for the Board of
Adjustment shall be submitted to the Municipal Clerk at least 23 days
prior to the Board of Adjustment meeting at which consideration is
desired. Board of Adjustment applications and plats shall be submitted
in 15 blue- or black-on-white prints and shall be accompanied by 15
copies of the application form. The Municipal Clerk shall retain one
full set of the application and documentation and shall forward the
remaining sets and supporting data to the proper municipal agency.
(3)
Delivery of an application to the Municipal
Clerk does not guarantee that the application will be considered for
completeness or on its merits at the next scheduled meeting of the
appropriate development agency. All applications submitted to the
Municipal Clerk are subject to review for completeness by the appropriate
development agency and their employees and professionals.
E.
Delineation of Floodplain Zone. In every application for development as defined under this chapter, the applicant will indicate whether a stream, watercourse, or channel (as defined by § 132-37 of this chapter) crosses the lot or portion of the lot to be developed at any point. If the indication is in the affirmative, then the application for development shall show either:
(1)
The area delineated following public hearings
by the Water Policy and Supply Council in the Division of Water Resources
in the Department of Environmental Protection of the State of New
Jersey; or
[Added 4-6-2017 by Ord.
No. 19-02-2017; amended 8-2-2018 by Ord. No. 19-16-2018]
A.
Requirements for submission of digital plans and applications. Whenever
an applicant to the Planning Board or the Zoning Board of Adjustment
applies for a minor subdivision, final approval of a major subdivision
or approval of any site plan, the agency exercising jurisdiction over
such application and granting approval shall require upon submission
of the application that the applicant prepare and file with the Township
a copy of the completed application and checklist along with the plans
in a digital format satisfying the requirements set forth in this
chapter, and upon approval of the application shall require, as a
condition of approval, that the applicant prepare and file with the
Township a copy of the approved plans in digital format satisfying
the requirements set forth in this chapter.
B.
Data standards.
(1)
This data standard has been established to manage both hardcopy
(paper) and electronic data submittals required by the Township of
Kingwood. These standards are part of the comprehensive municipal
initiative to best manage, inventory and utilize information. This
section contains the submittal standards for planning application
data. The data submittals will be divided into the following two categories,
application documents and design documents. Within these groups data
will be submitted in either paper copy or electronic copy as outlined
in these standards.
(2)
The Township of Kingwood intends to move toward the elimination
of paper copy documents and as such intends to eliminate paper processes,
where appropriate, which are obsolete or redundant.
(3)
Standard electronic format for application documents.
(a)
File type: The required format is an archival standards compatible
portable document format (PDF/A) file generated directly from document
files. They should be compatible with the latest Adobe Acrobat Version
Readers.
(b)
File naming: Application documents and report file names should
be named utilizing a reasonable descriptive naming convention.
(c)
Fonts should be those commonly available such as Times New Roman
or Arial. Other fonts may not readily open or print from all computers.
Less common fonts that are used (for instance ESRI symbols) must be
embedded to allow printing in all environments.
(d)
Security settings must be set so as to allow searching of text,
printing at full resolution, adding comments (to facilitate electronic
comment by reviewers, and for users to annotate their own copies if
they wish), content copying and extraction (to facilitate preparation
of management direction, and quoting of materials in other documents),
making changes related to document assembly to allow users to rotate
pages and create bookmarks and thumbnails to facilitate use of the
document.
(e)
Resolution: Minimum resolution for scanned documents shall be
in accordance with the New Jersey Division of Archives and Records
Management (NJDARM) as per N.J.A.C. 15:3.4.
(f)
Cartography: information on maps should be easily understood
when reproduced in black and white; sole reliance on color to convey
information means maps cannot be faxed or usefully printed in black
and white. Where color is necessary or useful, it should be combined
with techniques like line coding and patterned fills to ensure all
users can extract the information. This principle applies also to
labels and other layers added to images.
(g)
Submissions must be on current accepted media.
(4)
CAD file standards.
(a)
Computer-aided design (CAD) is a tool used for producing design
documentation and plan sets required for the planning application
process. It can also provide a common medium of information exchange.
In fact, the true power and potential of CAD is the ability to reuse
and share the information contained within the CAD document. The key
to realizing this potential is common organizing principles and standards
for the production and dissemination of CAD information. The standard
organization of files, layers and entities, as well as standardized
software applications is essential for effective work and communication.
(b)
This section establishes performance standards for CAD data
provided to the municipality with the application package. The municipality
does not intend to influence the methods or means of practice of outside
consultants. Consultants may use any CAD system to develop design
documents as long as the delivered data conforms to the municipalities'
CAD data standards.
(c)
Much of the CAD data created through the planning process will
be utilized to update the municipal tax maps and brought into the
municipal and/or county GIS parcel data system. Data received by the
Township of Kingwood must follow these CAD data standards to be readily
useful within that system.
(d)
Electronic CAD files for minor subdivisions, final site plans
and final subdivisions shall be submitted in conformance with the
standards listed below:
[1]
CAD drawings: Consultants shall deliver, at minimum, a CAD document
in electronic format to the municipality. The document(s) must include
all supporting CAD data and must be delivered as follows:
[2]
Text and fonts: Utilize only industry-wide supported fonts;
no custom fonts can be accepted. All fonts shall be provided with
the CAD file.
[3]
Layers: Specific layers shall be created and drawings organized
in conformance with the most current naming convention developed by
the New Jersey Digital Tax Map Task Force (see http://www.state.nj.us/treasury/taxation/1pt/DigitalTaxMaps.htm).
[4]
When possible, proposed lots, easements and rights-of-way shall
be comprised of closed polygons.
[5]
Easement and parcel boundaries shall be coincident in the CAD
file when coincident on ground.
[6]
All drawings shall be un-rotated and created at one to one full
scale.
[7]
Coordinate reference: All submittals, paper and digital, shall
be in NAD 83 (current) New Jersey State Plane Coordinates in United
States Survey Feet and North American Vertical Datum 1988 (current)
and in accordance with all other provisions of P.L. 2011, c. 217 (N.J.S.A.
46:26A), "Title Recordation Law."
[8]
There shall be endorsed upon any map, plat or plan submitted
to the Planning Board or Zoning Board a certification by the municipal
or board engineer as follows: "I have carefully examined this map
and the required digital submissions and to the best of my knowledge
and belief find it conforms with the provisions of the municipal ordinances
and requirements applicable thereto." There shall also be provided
a line for the municipal or board engineer's signature and professional
seal.
A.
For the purpose of this chapter, the words "Municipal
Agency" shall refer to either the Municipal Planning Board or the
Zoning Board of Adjustment, depending on which Board has reviewing
authority.
B.
Meetings.
(1)
Every municipal agency shall, by its rules,
fix the time and place for holding its regular meetings for business
authorized to be conducted by such agency. Regular meetings of the
municipal agency shall be scheduled not less than once a month and
shall be held as scheduled unless canceled for lack of applications
for development to process. The municipal agency may provide for special
meetings, at the call of the Chairman or on the request of any two
of its members, which shall be held on notice to its members and the
public in accordance with state law. No action shall be taken at any
meeting without a quorum being present, a quorum being a majority
of the full authorized membership. All actions shall be taken by a
majority vote of a quorum.
(2)
All regular meetings and all special meetings
shall be open to the public. Notice of all such meetings shall be
given in accordance with state law. An executive session otherwise
permitted by state law is permissible.
(3)
Minutes of every regular or special meeting
shall be kept and shall include the name of the persons appearing
and addressing the municipal agency and of the persons appearing by
attorney, the action taken by the municipal agency, the findings,
if any, made by it and reasons therefor. The minutes shall thereafter
be made available for public inspection during normal business hours
at the office of the Municipal Clerk. Any interested party shall have
the right to compel production of the minutes for use as evidence
in any legal proceedings concerning the subject matter of such minutes.
Such interested party shall be charged a reasonable fee for reproduction
of the minutes for his use.
C.
Hearings.
(1)
The municipal agency shall hold a hearing on
each application for development.
(2)
The municipal agency shall make the rules governing
such hearings. Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 21 days before the date of the hearing during normal business
hours in the office of the Municipal Clerk. The applicant may produce
other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
(3)
The officer presiding at the hearing or such
person as he/she may designate shall have power to administer oaths
and issue subpoenas to compel the attendance of witnesses and the
production of relevant evidence, including witnesses and documents
presented by the parties, and the provisions of the County and Municipal
Investigations Law[1] shall apply.
[1]
Editor's Note: See N.J.S.A. 2A:7A-1 et seq.
(4)
The testimony of all witnesses relating to an
application for development shall be taken under oath or affirmation
by the presiding officer, and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
(5)
Technical rules of evidence shall not be applicable
to the hearing, but the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
(6)
The municipal agency shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The municipal agency shall furnish a transcript
or duplicate recording in lieu thereof, on request to any interested
party at his expense.
(7)
Each decision on any application for development
shall be in writing and shall include findings of facts and conclusions
thereon.
(8)
A copy of the decision shall be mailed by the
municipal agency within 10 days of the date of the decision to the
applicant or, if represented, then to his attorney without separate
charge and to all who request a copy of the decision for a reasonable
fee. A copy of the decision shall also be filed by the municipal agency
in the office of the Municipal Clerk. The Municipal Clerk shall make
a copy of such filed decision available to any interested party for
a reasonable fee and available for public inspection at his office
during reasonable hours.
(9)
A brief notice of the decision shall be published
in the official newspaper of the municipality. Such publication shall
be arranged by the Secretary of the municipal agency. The period of
time in which an appeal of the decision may be made shall run from
the first publication of the decision.
A.
Contents of notice of hearing on application for development. Notice pursuant to this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available pursuant to § 132-120B(2).
B.
Notice of applications. Notice of all applications
shall be given by the applicant at least 10 days prior to the date
of the hearing.
(1)
Public notice of a hearing on an application
for development shall be given for preliminary site plan review, final
approval of site plans, conditional uses and any variance requested,
and direction for an issuance of a permit shall be given by publication
in the official newspaper of the municipality.
(2)
Pursuant to N.J.S.A. 40:55D-47 and N.J.S.A. 40:55D-12, notice and public hearing shall not be required on any subdivision of land classified as a minor subdivision which does not require variances of any type. The Planning Board shall conduct a review and, upon finding that the application is complete, complies with the definition of a minor subdivision and does not require any variance of any type, the Board may grant approval or condition its approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38 through 40:55D-40 and N.J.S.A. 40:55D-53 of the Municipal Land Use Act, and shall memorialize the same by resolution. In the event that any subdivision is classified as a minor subdivision but requires one or more variances, then the following provisions shall apply. Notice of a hearing requiring public notice pursuant to Subsection B(1) of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing and all public utilities, cable television companies or local utilities which, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to the Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.). Notice shall be given by:
[Amended 11-18-1991 by Ord. No. 7-8-91; 4-20-1992 by Ord. No. 8-6-92]
(a)
Serving a copy thereof on the property owner
as shown on said current tax duplicate or his agent in charge of the
property; or
(b)
Mailing a copy thereof by certified mail to
the property owner at his address as shown on the current tax duplicate.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
(3)
Upon the written request of an applicant, the administrative officer of the municipality shall, within seven days, make and certify a list from said current tax duplicates of the names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B(2) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee of $0.25 per name or $10, whichever is greater, shall be charged for such list.
[Amended 9-20-1993 by Ord. No. 8-16-93; 11-4-2021 by Ord. No. 21-20-2021]
(4)
Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
(5)
Notice shall be given by personal service or
certified mail to the County Planning Board of a hearing on an application
for development of property adjacent to an existing county road or
proposed road shown on the Official County Map or on the County Master
Plan, adjoining other county land or situated within 200 feet of a
municipal boundary.
(6)
Notice shall be given by personal service or
certified mail to the Commissioner of Transportation of a hearing
on an application for development of property adjacent to a state
highway.
(7)
Notice shall be given by personal service or
certified mail to the State Planning Commission of a hearing on an
application for development of property which exceeds 150 acres or
500 dwelling units. Such notice shall include a copy of any maps or
documents required to be on file with the Municipal Clerk.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
(8)
The applicant shall file an affidavit of proof
of service with the municipal agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this section.
C.
Effect of mailing notice. Any notice made by certified
mail shall be deemed complete upon mailing.
[Added 12-7-2004 by Ord. No. 12-25-2004]
Any variance application which receives approval
from a municipal agency, whether the Planning Board or the Zoning
Board of Adjustment, shall have incorporated into the memorializing
resolution the following conditions:
A.
The applicant shall submit to the Board four additional
copies of the plans and drawings which were submitted to and reviewed
by the Board in conjunction with the variance application approved
by this Memorializing Resolution [Alternatively, as appropriate: The
applicant shall submit to the Board six additional copies of the plans
and drawings which were submitted to and reviewed by the Board in
conjunction with the variance application, revised as required by
this memorializing resolution] (the "approved plans"), and said approved
plans shall thereupon be endorsed with the following designation:
|
"Approved by the Kingwood Township [insert name
of approving authority]
| |
|
Chairperson
| |
|
Dated: ."
| |
B.
The applicant shall present a copy of the approved
plans, endorsed by the Board as approved, together with a copy of
this memorializing resolution, to the Zoning Officer of Kingwood Township
and obtain a zoning permit for the proposed construction before obtaining
a building permit for the proposed construction.
C.
The applicant shall present a copy of the approved
plans, endorsed by the Board as approved, together with a copy of
this memorializing resolution, to the Construction Official of Kingwood
Township in connection with the application for a building permit
for the proposed construction.
D.
Upon completion of the proposed construction, the
applicant shall submit to the Board five copies of an as-built survey
of the property and all improvements thereon.
E.
No certificate of occupancy shall be issued for the
new construction authorized by this memorializing resolution unless
and until the appropriate Board, in consultation with the Board professionals,
verifies and provides written acknowledgment that the construction
as show on the as-built survey has been constructed in conformity
with the approved plans.
