[Added 6-26-2018 by Ord. No. 2018-13]
A. All major subdivisions, major site plans and nonresidential use variance
applications requiring development application review shall be referred
by the Joint Land Use Board (Board) to the Technical Advisory Committee
(TAC) for review and for the preparation of reports and recommendations
to the Board; provided however, the Board Chairman, in consultation
with the Zoning Office, may waive the this requirement. The TAC shall
determine whether or not the application is complete. The TAC shall
meet directly with applicants and their representatives. Reports and
recommendations of the TAC shall be considered by the Board, but they
shall not be binding on said Board.
B. The Township shall charge a fee of not to exceed $500 for the services/time
of attendance of the Board's designated professionals at the Technical
Advisory Committee (TAC). If the Board requires the services/attendance
of a special consultant(s) in regard to the TAC review, the applicant
shall also be charged for the services/time of those special consultant(s)
at their designated hourly rate for the time incurred. Before any
application is submitted to the TAC for review, the Township Clerk/Administrator
shall calculate an estimate of the amount of time anticipated to be
expended by a special consultant in said review, and the prospective
applicant shall submit to the Township a sum of money equal to said
calculation, plus $500 for the Board's professionals' services/time,
to serve as an escrow for the time expended. In the event that the
actual fees and costs for time incurred for the Board professionals/special
consultants is less than the escrow, said money shall be reimbursed
to the developer. In the event that said fees or costs related to
the services/time of any special consultant(s) exceed the amount of
the estimate, the deficiency shall be paid by the developer before
any formal applications for development are considered by the Board.
In no event shall the fees charged for the Board's professionals'
services/time for attendance at a TAC meeting exceed $500.
The applicant shall comply with reasonable conditions
imposed by the approving authority for design, dedication, improvements
and the use of the land to conform to the physical and economical
development of the municipality and to the safety and general welfare
of the future residents/owners in the development and the community
at large. Where review or approval by any other public body is required
on a subdivision or site plan, the approving authority shall condition
any approval it grants upon either timely receipt of a favorable report
from the public body or approval due to its failure to submit a report
within a statutory time period. If the report is timely and is negative
or attaches mandatory conditions, the original action by the municipal
approving authority shall be void and the application shall be denied,
and a new resolution shall be adopted which considers the public body's
report.
The approving authority, when acting upon applications,
shall have the power to grant such exceptions from the subdivision
and site plan requirements as may be reasonable and within the general
purpose and intent of the provisions of subdivision/site plan review
and approval if the literal enforcement of one or more provisions
of this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
Divisions of land not considered a "subdivision,"
as defined in the Municipal Land Use Law, shall be exempt from compliance with the requirements
of this chapter.
The approving authority shall have the power to act upon subdivisions, conditional uses, variances and/or site plans simultaneously without the developer making further application or the approving authority holding further hearings. The longest applicable time period for action by the approving authority shall apply. Whenever approval of a conditional use or variance is requested in conjunction with a site plan or subdivision, notice of the hearing shall include reference to the request for the conditional use or variance. See §
130-4, entitled "Conditional uses."
[Amended 1-20-1998 by Ord. No. 1998-4; 12-21-1998 by Ord. No.
1998-35]
A. Site plan approval is required for all development which does not meet the definition of "site plan, exempt" set forth in §
130-3. "Development" as described herein shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, renovation, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining excavation or landfill, or any use or change in the use of any building or other structure, or land or extension of use of land.
B. Notwithstanding the foregoing, where a nonresidential property experiences a change in use as described in §
130-3, definition of "site plan, exempt," Subsection
(5), said site plan review shall include only those requirements set forth at §
130-21A and
B(1) through
(6), as well as the following items:
(1) A landscaping plan showing proposed buffer areas,
ground cover, fencing, signs, street furniture, recreation areas,
shrubbery, trees and other landscaping features, including the location,
number, species and caliper of plant materials and trees to be located
on the property and a description of the shrubbery, lawn area, ground
cover, rock formations, existing foliage and planting of coniferous
or deciduous trees in order to maintain or reestablish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved areas on the site.
(2) A description of sidewalks and curbing to be constructed,
or if existing sidewalks and curbing are in need of repair, then a
plan for repair of same.
(3) The size, height, location, arrangement and use of
all proposed buildings, structures and signs, whether existing or
proposed to be renovated, altered or modified, as well as both existing
rooflines and any changes to be made regarding same.
C. Any and all site plan approvals provided under this
section shall be conditioned upon continued compliance by the applicant
with the Township's Commercial Property Maintenance Code and other applicable local ordinances.
D. Notwithstanding the foregoing, where a property has been subjected to site plan review under §
130-21 A, B, C, and/or D or pursuant to Subsection
B above within a three-year period, said property shall be eligible for exemption by the Township Committee (with input from the Township Engineer, or Consulting Engineer where appropriate) from the provisions of this section unless the Township's Zoning Officer or Code Enforcement Officer finds violations of the Township's Commercial Property Maintenance Code and/or the original and/or subsequent site plan approvals, in which case the Township's Zoning Officer and/or Code Enforcement Officer will have authority to deny permits for reuse of the property and direct the property owner to the Land Development Board for review under this chapter. The discretion of the Zoning Officer and Code Enforcement Officer shall be limited to consideration of compliance with the aforementioned criteria.
[Amended 1-20-2004 by Ord. No. 2004-1]
[Amended 1-20-2004 by Ord. No. 2004-1]
An informal review of a concept plan is optional
at the request of the developer. The purpose will be to review concepts
to assist the applicant in the preparation of subsequent plans. No
decision will be made, no hearings held and no formal action taken.
Neither the developer nor the Land Development Board shall be bound
by this informal review.
Preliminary plats are required for all major
site plans and major subdivision.
A. The filing procedure shall be as follows:
(1) The developer shall submit to the administrative officer at least 10 calendar days prior to the public meeting of the approving authority 15 copies of the preliminary plat at the required scale, plus 15 copies of a representative layout of the development reduced to a page size of either 8 1/2 inches by 11 inches, 8 1/2 inches by 14 inches or 11 inches by 17 inches; five completed copies of the application form and preliminary plat check list; two completed copies of the County Planning Board application form and evidence of submission to the county; three copies of any existing or proposed protective covenants, deed restrictions and easements or a statement that none exist or are proposed; three copies of the drainage calculations and soil erosion and sediment control data as required in Article
V; the applicable fees, including inspection fees if improvements are to be installed prior to final approval; and certification by the Tax Collector that all taxes are paid to date.
(2) A corporation or partnership applying to subdivide
a parcel of land into six or more lots or for a variance to construct
a multiple dwelling of 25 or more family units or for a site to be
used for commercial purposes shall list the names and addresses of
all stockholders or individual partners owning at least 10% of its
stock of any class or at least 10% of the interest in the partnership,
as the case may be. If a corporation or partnership owns 10% or more
of the stock of a corporation or 10% or greater interest in a partnership,
subject to the above disclosure, that corporation or partnership shall
list the names and addresses of its stockholders holding 10% or more
of its stock or 10% or greater interest in the partnership, as the
case may be, and this requirement shall be followed by every corporate
stockholder or partner in a partnership until the names and addresses
of the noncorporate stockholders and individual partners exceeding
the ten-percent ownership criteria established in the Municipal Land
Use Law have been listed. No application for development shall
be approved which does not comply with this requirement. The penalty
for concealment shall be as outlined in the Municipal Land Use Law.
(3) The application shall include a complete environmental
impact report or a written request for a waiver of any or all of its
requirements. If such a waiver is requested, the approving agency
shall either approve, approve in part or disapprove the request.
B. Action by the approving authority.
(1) The administrative officer shall be authorized to
reject an application as incomplete. The approving authority shall
determine whether the submission is a complete application upon recommendation
from the administrative officer and in consideration of reports from
professionals retained by the approving authority. If rejected, the
applicant shall be notified, in writing, of the deficiencies within
45 days of submission. (See definition of "complete application.")
(2) If the application is not rejected as incomplete by
the administrative officer, a public hearing date shall be set and
notice given.
(3) The administrative officer shall submit one copy of
the plat and supporting data to the Township Engineer and any other
agency or person as directed by the approving authority. If any agency
or person fails to report to the approving authority within 30 days,
the plat shall be deemed to have been approved by them. In the event
of disapproval, such report shall state the reasons therefor.
(4) Subdivisions shall be approved or denied within the
time limits and under the conditions set forth in the Municipal Land
Use Law. Further time may be consented to by the developer.
[Amended 8-3-1992 by Ord. No. 1992-6]
(5) Site plans shall be approved or denied within the
time limits and under the conditions set forth in the Municipal Land
Use Law. Further time may be consented to by the developer.
[Amended 8-3-1992 by Ord. No. 1992-6]
(6) If substantial amendments in the layout of improvements
are required and the plan has been the subject of a hearing, an amended
application shall be submitted and proceeded upon as in the case of
the original application.
(7) The approving authority may approve, disapprove or
approve with conditions the application. The decision shall be in
writing and shall be sent to the applicant and the newspaper as required
by the Municipal Land Use Law. If granted preliminary approval, the
Chairman and Secretary (or the Vice Chairman or Assistant Secretary
in their absence, respectively) and Township Engineer shall sign each
page of the plat indicating the approval. If conditionally approved,
the plat shall not be signed until all conditions are corrected on
the plat. If all corrections are not completed within 90 days of the
conditional approval, the conditional approval shall lapse.
(8) Preliminary approval shall, except as provided in Subsection
B(8)(d) below, infer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted.
[Amended 11-21-1994 by Ord. No. 1994-20]
(a)
The general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to land use; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; off-tract improvements; or any requirements
peculiar to site plan approval, except that nothing herein shall be
construed to prevent the Township from modifying by ordinance such
general terms and conditions of preliminary approval as relate to
public health and safety.
(b)
The applicant may submit for final approval
on or before the expiration date of preliminary approval the whole
or a section or sections of the preliminary plat.
(c)
The applicant may apply for and the approving
authority may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
(d)
In a development of 50 acres or more, the approving authority may grant the rights and obligations referred to in Subsection
B(8)(a),
(b) and
(c) above for a period longer than three years as determined to be reasonable taking into consideration:
[1]
The number of dwelling units and nonresidential
floor area permissible under preliminary approval.
[2]
The potential number of dwelling units and nonresidential
floor area of the section(s) awaiting final approval.
[4]
The comprehensiveness of the development.
(e)
Whenever the Land Development Board grants an
extension of preliminary approval pursuant to the foregoing sections,
and preliminary approval has expired before the date on which the
extension is granted, the extension shall begin on what would otherwise
be the expiration date. The developer may apply for the extension
either before or after what would otherwise be the expiration date.
[Amended 1-20-2004 by Ord. No. 2004-1]
(f)
The Land Development Board shall grant an extension
of preliminary approval for a period determined by the Board but not
exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would
otherwise be the expiration date of preliminary approval or the 91st
day after the developer receives the last legally required approval
from other governmental entities, whichever occurs later. An extension
granted pursuant to this subsection shall not preclude the Land Development
Board from granting an extension pursuant to Subsections C and D of
this section.
[Amended 1-20-2004 by Ord. No. 2004-1]
(9) Expiration of preliminary approval; extensions.
[Added 2-17-2004 by Ord. No. 2004-4]
(a)
Failure of an applicant or developer to submit an application for final approval within three years of the date on which the resolution of preliminary approval was adopted, plus any extensions granted beyond that initial period, shall result in the expiration and invalidation of the preliminary approval. If the rights referred to in §
130-18B(8)(d) are granted for a period of time longer than three years, such approval shall expire as set forth in the resolution of approval unless extensions are granted beyond that initial period. No application for final approval of a subdivision or site plan shall be considered unless it has been submitted prior to the expiration date of the preliminary approval as set forth herein.
(b)
The applicant may apply for and the Board may
grant extension on such preliminary approval for additional periods
of at least one year, but not to exceed a total extension of two years
as set forth in N.J.S.A. 40:55D-49(c), provided that if the design
standards have been revised by ordinance, such revised standards may
govern.
[Added 8-1-2005 by Ord. No. 2005-20]
The submission of as-built drawings is required
for all developments where storm drainage improvements are proposed.
The drawings shall be in the form established by the Township Engineer
consistent with accepted engineering practices. The cost of such drawings
shall be included in performance guarantee estimates and performance
guarantees and shall be considered part of the cost of installation
of such improvements. The as-built drawings shall be provided to the
Township, reviewed and approved by the Township Engineer prior to
final release of any performance guarantee, consistent with the provisions
of N.J.S.A. 40:55D-53.