An application for a development shall be complete
for purposes of commencing the applicable time period for action by
the Board when so certified by the Board or its authorized committee
or designee. In the event that the agency, committee or designee does
not certify the application to be complete within 45 days of the date
of its submission, the application shall be deemed complete upon the
expiration of the forty-five-day period, for purposes of commencing
the applicable time period, unless the application lacks information
indicated on a checklist adopted by ordinance and provided to the
applicant and the Board or its authorized committee or designee has
notified the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application. The applicant may
request that one or more of the submission requirements be waived,
in which event the agency or its authorized committee shall grant
or deny the request within forty-five days. Nothing herein shall be
construed as diminishing the applicant's obligation to prove in the
application process that he is entitled to approval of the application.
The Board may subsequently require correction of any information found
to be in error and submission of additional information not specified
in the ordinance or any revisions in the accompanying documents, as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Board.
In accordance with Section 5 of Chapter
20 of the Laws of 1984, adopted on March 22, 1984, for the purpose of determining a completed application for development, the following are the checklists for the Planning Board and the Board of Adjustment of the Borough of Kinnelon:
A. Requirements for all applications.
(1) The original plus five copies of the application form
applicable to the type of approval requested, completely filled in.
If any item is not applicable to the applicant, it should be so indicated
on the application form(s).
(2) Certification from the Tax Collector that taxes are
paid.
(3) Application fee included.
(4) Sixteen copies of any required plot plan, site plan or subdivision plan completed in conformance with the requirements of all applicable ordinances of the Borough of Kinnelon. Environmental data shall be submitted on a scale of one inch equals 50 feet. (Refer to §
176-30K of this chapter.)
(5) A survey of the subject property, prepared not more
than seven years from the date of submittal of the application, together
with an affidavit of no change from what is shown on the survey. An
applicant may submit a survey prepared more than seven years from
the date of submittal, provided the survey contains the signature
and seal of a certified surveyor attesting that it is an accurate
representation of the current conditions on the subject property.
[Added 9-18-2003 by Ord. No. 23-03]
(6) The completed County Planning Board application form
(in duplicate) and county filing fee if the County Planning Board
approval is required.
(7) If available prior to the hearing, 14 copies of any
other supporting documentation which shall be presented to the Board
in its consideration of the application.
(8) If the applicant is other than the owner of the subject
property, a notarized consent form signed by the owner authorizing
the applicant to proceed before the Board.
(9) Information as to ownership. If the applicant is a
corporation or partnership, a list of 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, as required by N.J.S.A. 40:55D-48.1 and N.J.S.A.
40:55D-48.2.
(10)
The names of the proposed witnesses, if any,
and their expertise, if known at the time of submission of the application.
(11)
Copies of any prior resolutions or other documentation
regarding past decisions involving the property.
(12)
Copies of any easements or deed restrictions
or covenants affecting use of the premises.
(13)
If public notice of the hearing on the application
is required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-12,
and/or the ordinances of the Borough of Kinnelon, the applicant shall
submit a list of property owners within 200 feet of the subject property.
The list shall include the names and addresses as shown on the municipal
tax records. The applicant may apply to the Assessor for a municipally
certified list of property owners within 200 feet of the subject property
by paying a fee of $0.25 per name or $10, whichever is greater.
(14)
If the applicant is a corporation, the name
and address of the attorney who shall be representing the applicant.
(15)
A schedule of zoning requirements applicable
to the property and a showing of whether or not the application is
in conformance with such requirements. The schedule shall be indicated
on the plot plan, site plan or subdivision plan. (This shall not be
a requirement on applications for final major subdivision or final
site plan approval.)
(16)
Except for final major subdivision or final site plan applications, wetlands shall be delineated on the plan as per requirements of Article
XV of the Zoning Ordinance. If none, a report from a qualified environmentalist shall
be submitted assuring that there are no wetlands, including wetland
buffer areas, on the site. Said report shall be based on wetlands
and soil maps and an actual field wetlands survey of the premises.
The application shall include four copies of any submittals to the
New Jersey Department of Environmental Protection (NJDEP), including
but not limited to waivers, stream encroachment or fill permits.
[Amended 8-15-2002 by Ord. No. 14-2002]
(17)
A list, included in the application, of all other governmental agencies which must review the application and issue an approval thereon. Said listing shall include any variances and/or exceptions being sought, with reference to the specific applicable ordinance provision(s) and an explanation of the reasons why such variance or exception is being requested. (See Subsection
F, Variance checklist.)
(18)
A Stormwater Maintenance Plan pursuant to the requirements in §
176-23B of the Code of the Borough.
[Added 4-16-2020 by Ord.
No. 05-2020]
(19)
Completed Major Development Stormwater Summary Form that is
contained within Attachment D in the Borough's Tier A Municipal
Stormwater General Permit for each stormwater basin that is proposed
on the project.
[Added 4-16-2020 by Ord.
No. 05-2020]
B. Minor subdivision checklist.
(2) The sketch plat shall be based on Tax Map information,
a survey plat or some other similarly accurate base and shall be at
a scale of not less than one inch equals 200 feet, with the entire
tract shown on one sheet. The sketch plat shall be prepared by a licensed
New Jersey professional land surveyor or engineer and shall show or
include the following information:
(a)
The location of that portion which is to be
subdivided in relation to the entire tract.
(b)
The name of the owner and of all adjoining property
owners as disclosed by the most recent Borough tax records.
(c)
The Tax Map sheet, block, lot and house numbers.
New lot and house numbers shall be obtained from the office of the
Assessor prior to the submission of the plat.
(d)
All existing and proposed utility connections
shall be shown on the plans.
(e)
All streets or roads, bodies of water and streams
within 500 feet of the subdivision.
(f)
Lot lines and approximate distances of proposed
lots.
(g)
All existing structures and wooded areas within
the portion to be subdivided and within 200 feet of the subdivision.
(h)
The location of existing and proposed septic
systems and wells shall be shown on all lots to be subdivided. All
percolation tests and soil logs taken shall be noted on the plans.
(i)
A topographic map, at a minimum scale of one
inch equals 50 feet, showing two-foot contours, shall contain:
[1]
Topographic information.
[a] The following ranges of slope indicating
the area of each range on each lot:
[Amended 3-19-1992 by Ord. No. 2-92]
[ii] Fifteen and one-tenth percent
to 20%.
[iii] Twenty and one-tenth percent
to 25%.
[iv] Twenty-five and one-tenth percent
to 30%.
[v] Thirty and one-tenth percent to
35%.
[b] Said topographic information shall
be based on actual field surveys or other equally reliable sources.
(Note: Slope lines should not be obscured by drafting techniques.)
[2]
All flood hazard areas, lakes, ponds, marshes,
bogs, swamps, brooks and perennial and intermittent streams, whether
natural or man-made.
[3]
A wetlands delineation line prepared by a qualified
expert.
[Amended 8-15-2002 by Ord. No. 14-2002]
(j)
A map as per Subsection
B(2)(i)[2] and
[3] above, containing soil data from the Soil Survey of Morris County (United States Department of Agriculture, Soil Conservation Service) showing each soil type, soil symbol and interpretation table.
(k)
The above mappings shall include each proposed lot and lot area meeting the minimum lot size requirement. Lot area is to be calculated pursuant to the requirements set forth in Article
XV of Chapter
207 of the Code of the Borough of Kinnelon.
(l)
Specific areas where existing trees are to be
removed, with the locations of all trees having a diameter of four
inches or more measured four feet above grade therein.
[Amended 8-20-1992 by Ord. No. 11-92]
(3) Prior to the signing of the final plans or subdivision
deeds, all deeds of dedication and grants of easements shown on the
final plans or subdivision deeds to be granted to the Borough of Kinnelon
shall be submitted in a form of a deed of dedication or grant of easement
to be approved by the Borough Engineer and in a manner satisfactory
to the Borough Attorney. Each instrument of conveyance shall establish
that final acceptance by the Borough shall not occur until formal
acceptance of the same by ordinance adopted by the governing body.
Following the recording of the deeds of dedication and grants of easement
documents, they shall be returned to the Borough to be held for future
acceptance, at such time as all improvements have been completed and
approved by the Borough Engineer.
[Added 6-19-2003 by Ord. No. 12-2003]
C. Preliminary major subdivision checklist.
(2) The preliminary plat shall be clearly and legibly
drawn or reproduced at a scale of not less than one inch equals 100
feet. Preliminary plats shall be designed and drawn by a licensed
New Jersey professional land surveyor or engineer.
(3) The plat shall be designed in compliance with the provisions of Article
VIII of this Chapter
176 of the Code of the Borough of Kinnelon and shall show or be accompanied by the following information:
(a)
A key map at a scale of one inch equals 400
feet, showing the entire subdivision and its relation to surrounding
areas.
(b)
The tract name, Tax Map sheet, block and lot
numbers, date, reference meridian, graphic scale and the following
names and addresses:
[1]
The name and address of the owner of record.
[2]
The name and address of the applicant.
[3]
The name and address of the person who prepared
the map.
[4]
The names of the owners of adjoining properties
within 200 feet of the extreme limits of the subdivision.
(c)
The total acreage in the entire parcel to be subdivided, the total acreage to be subdivided from the original parcel, the total acreage to be utilized for roads, streets and dedicated land and the remaining acreage in the original parcel, if any, all to be calculated to the nearest tenth of an acre, together with certification that the sizes of all lots to be subdivided are in accordance with the current Chapter
207, Zoning.
(d)
Lot lines, dimensions and areas of proposed lots including building setback lines as required by the Chapter
207, Zoning.
(e)
New block, lot and house numbers shall be shown
on the plat. These numbers shall be obtained from the office of the
Assessor prior to submission of the preliminary plat.
(f)
Sufficient elevation or contours to determine
the general slope and natural drainage of the land and the high and
low points, and tentative cross sections and center-line profiles
for all proposed new mutually agreed upon extension streets.
(g)
The location of existing and proposed property
lines, streets, buildings, watercourses, railroads, bridges, culverts,
drainpipes and any significant natural features such as wooded areas
and rock formations.
(h)
Specific areas where existing trees are to be
removed, with the locations of all trees having a diameter of four
inches or more measured four feet above grade therein.
[Amended 8-20-1992 by Ord. No. 11-92]
(i)
Plans of proposed utility layouts (sewers or
dry sewers, storm drains, watch, gas and electricity), showing feasible
connections to existing or any proposed utility systems. Extensions
of electric distribution lines and telephone distribution lines in
subdivisions having three or more building lots shall be made underground
in compliance with the New Jersey Public Utility Regulations (14.5-4.1
et seq. and 14.10-4.1 et seq.). When a public sewage disposal system
is not available, the applicant shall have percolation tests and soil
logs made and shall submit the results, with the preliminary plan
and shall also submit plans for proposed dry sewer lines suitable
for connection to a public sewage disposal system should the same
become available. Any subdivision or part thereof which does not meet
with the established requirements of this section or other applicable
regulations shall not be approved:
[Amended 8-15-2002 by Ord. No. 14-2002]
(j)
A copy of a soil erosion and sediment control plan shall be submitted in accordance with the Standards for Soil Erosion and Sediment Control promulgated by the New Jersey State Soil Conservation Committee, as mandated by the Soil Erosion and Sediment Control Ordinance regulations of the Borough of Kinnelon, Chapter
167.
[Amended 8-15-2002 by Ord. No. 14-2002]
(k)
Individual lot grading plans at a minimum scale
of one inch equals 50 feet, indicating the approximate size and location
of structure(s) and driveway(s) and the approximate locations of septic
system(s) and well(s) and existing and proposed contours and spot
elevations.
(l)
A plan for stormwater management.
(4) A topographic map, at a minimum scale of one inch
equals 50 feet, showing two-foot contours, shall contain:
(a)
Topographic information.
[1]
The following ranges of slope indicating the
area of each range on each lot:
[Amended 3-19-1992 by Ord. No. 2-92]
[b] Fifteen and one-tenth percent to
20%.
[c] Twenty and one-tenth percent to
25%.
[d] Twenty-five and one-tenth percent
to 30%.
[e] Thirty and one-tenth percent to
35%.
[2]
Said topographic information shall be based
on actual field surveys or other equally reliable sources. (NOTE:
Slope lines should not be obscured by drafting techniques.)
(b)
All flood hazard areas, lakes, ponds, marshes,
bogs, swamps, brooks and perennial and intermittent streams, whether
natural or man-made.
(c)
A wetlands delineation line prepared by a qualified
expert.
[Amended 8-15-2002 by Ord. No. 14-2002]
(5) A map as per Subsection
C(4)(b) and
(c) above, containing soil data from the Soil Survey of Morris County (United States Department of Agriculture, Soil Conservation Service) showing each soil type and soil symbol.
(6) The above mappings shall include each proposed lot and lot area meeting the minimum lot size requirement. Lot area is to be calculated pursuant to the requirements set forth in Article
XV of Chapter
207 of the Code of the Borough of Kinnelon.
(7) A traffic impact study report. (See §
176-37H.)
(8) An environmental impact statement. (See §
176-37G.)
(9) Certification by the applicant that any required review fees have been placed in escrow deposit with the Borough. (Refer to §
47-31M of the Code of the Borough of Kinnelon.)
D. Final major subdivision checklist.
(2) A plat shall be submitted for this type of application
and shall be drawn in ink on tracing cloth or Mylar at a scale of
not less than one inch equals 100 feet and shall be in compliance
with the standards prescribed by the Map Filing Law, P.L. 1960, c.
141. The final plat shall show or be accompanied by the following:
(a)
The date, name and location of the subdivision,
name of the owner, graphic scale and reference meridian.
(b)
Tract boundary lines, right-of-way lines of
streets, street names as approved by the Planning Board, easements
and other rights-of-way, land to be reserved or dedicated to public
use and all lot lines and other site lines, with dimensions and bearings.
The length of each tangent lot line shall be shown to the nearest
hundredth of a foot and its bearings to the nearest 10 seconds. All
bearings shall be referred to true North. The radius, length of arc
and central angle of each curved lot line shall be shown.
(c)
The purpose of any easement or land reserved
or dedicated to public use shall be designated, and the proposed use
of sites other than residential shall be noted.
(d)
Minimum building setback lines on all lots and
other sites.
(e)
The location and description of all monuments
to be installed in accordance with applicable municipal, county or
state laws or regulations.
(f)
The names of the owners of adjoining unsubdivided
lands and the names of adjoining subdivisions, if any, and the case
and number where recorded.
(g)
Certification by the surveyor making such plat
that the plat is correct and accurate.
(h)
Certification that the applicant is the agent
or owner of the land or that the owner has given consent under an
option agreement.
(i)
When approval of a plat is required by any officer
or body of the Borough, county or state, approval shall be certified
on the plat.
(j)
As-built plans, cross sections and profiles
of streets, approved by the Planning Board Engineer, shall be required
to accompany the final plat.
(k)
As-built plans and profiles of storm and sanitary
sewers and water mains.
(l)
New block, lot and house numbers or proposed
units shall be shown on the final plat.
(m)
The total acreage in the entire parcel to be
subdivided, the total acreage to be subdivided from the original parcel,
the total acreage to be utilized for roads, streets and dedicated
land and the remaining acreage in the original parcel, if any, all
to be calculated to the nearest hundredth of an acre.
(3) Certification by the applicant that all conditions
of any preliminary approval have been satisfied or, if not, an explanation
of what changes have been made along with copies of any governmental
approvals required pursuant to any preliminary approvals.
(4) Certification by the applicant that any required review and inspection fees have been placed in escrow deposit with the Borough. (Refer to §
47-31M of the Code of the Borough of Kinnelon.)
(5) Upon receipt of final subdivision approval and prior
to the signing of the final plat, all deeds of dedication and grants
of easements shown on the final map to be granted to the Borough of
Kinnelon shall be submitted in a form of a deed of dedication or grant
of easement to be approved by the Borough Engineer and in a manner
satisfactory to the Borough Attorney. These deeds of dedications and
grants of easements shall be recorded by the developer simultaneously
with the filing of the final subdivision map. Each instrument of conveyance
shall establish that final acceptance by the Borough shall not occur
until formal acceptance of the same by ordinance adopted by the governing
body. Following the recording of the deeds of dedication and grants
of easement documents, they shall be returned to the Borough to be
held for future acceptance, at such time as all improvements have
been completed and approved by the Borough Engineer.
[Added 12-18-1997 by Ord. No. 15-97; amended 6-19-2003 by Ord. No. 12-2003]
(6) After the final map is filed with the office of the
Morris County Clerk, a Mylar shall be filed with the Planning Board
at a scale equal to the corresponding Tax Map page. Twelve paper prints
of the filed map shall also be filed with the Planning Board at a
scale of one inch equals 100 feet.
E. Site plan checklist.
(2) The site plan shall be prepared by a New Jersey licensed
professional engineer and shall be drawn to a scale of not more than
one inch equals 50 feet and shall show the following:
(a)
The name and title of the person preparing the
map.
(b)
The date, scale and North point.
(c)
The Tax Map sheet, block and lot number, zoning
district and zoning information. New block, lot and house or unit
numbers shall be shown on the plat. These numbers shall be obtained
from the office of the Assessor prior to submission of the site plan.
(d)
A survey of existing utilities within 200 feet.
(Utilities may be indicated by note on the plan).
(e)
The location of all natural and man-made facilities
on the subject property and adjoining properties within 200 feet and
a showing of easements affecting the site.
(f)
The location of existing and proposed structures
and uses within 200 feet showing the ground area covered by said structures,
including all setback dimensions. The type of structure proposed shall
be illustrated by accompanying floor plans and by front, rear and
side elevation sketches drawn to scale. The location of any outside
storage facilities shall also be shown.
(g)
The location of off-street parking areas, with
dimensions, showing parking spaces, loading docks and access drives,
including calculations.
(h)
A proposed on-site circulation system for both
pedestrians and vehicular traffic.
(i)
Any proposed and existing signs, with dimensions,
descriptive schedules, sign details and elevation drawings.
(j)
The type of surface, paving, curbing, sidewalks,
storm drainage facilities, water mains and sanitary sewer lines and
calculations.
(k)
Any driveways within 200 feet accessing the
street on which the subject property is located.
(l)
All landscaping, with buffer areas shown, fences,
walls or similar facilities to be provided and all specific areas
where existing trees are to be removed, with the location of all trees
having a diameter of four inches or more measured four feet above
the grade therein.
[Amended 8-20-1992 by Ord. No. 11-92]
(4) A soil erosion and sediment control plan.
[Amended 10-17-2002 by Ord. No. 18-2002]
(5) A topographic map, at a minimum scale of one inch
equals 50 feet, showing two-foot contours, shall contain:
(a)
Topographic information.
[1]
The following ranges of slope indicating the
area of each range on each lot:
[Amended 3-19-1992 by Ord. No. 2-92]
[b] Fifteen and one-tenth percent to
20%.
[c] Twenty and one-tenth percent to
25%.
[d] Twenty-five and one-tenth percent
to 30%.
[e] Thirty and one-tenth percent to
35%.
[2]
Said topographical information shall be based
on actual field surveys or other equally reliable sources.
(b)
All flood hazard areas, lakes, ponds, marshes,
bogs, swamps, brooks and perennial and intermittent streams, whether
natural or man-made.
(c)
A wetlands delineation line prepared by a qualified
expert.
[Amended 10-17-2002 by Ord. No. 18-2002]
(6) A map as per Subsection
E(5)(b) and
(c) above containing soil data from the Soil Survey of Morris County (United States Department of Agriculture, Soil Conservation Service) showing each soil type and soil symbol.
(7) The above mappings shall include each proposed lot and lot area meeting the minimum lot size requirement and include approximate locations of structures, septic systems, percolation tests, wells and graded areas. Lot area is to be calculated pursuant to the requirements set forth in Article
XV of Chapter
207 of the Code of the Borough of Kinnelon.
(8) A traffic impact study report. (See §
176-37H.)
(9) An environmental impact statement. (See §
176-37G.)
(10)
Certification by the applicant that any required review and inspection fees have been placed in escrow deposit with the Borough. (Refer to §
47-31M of the Code of the Borough of Kinnelon.)
(11)
Prior to the signing of the final plans, all
deeds of dedication and grants of easements shown on the final plans
to be granted to the Borough of Kinnelon shall be submitted in a form
of a deed of dedication or grant of easement to be approved by the
Borough Engineer and in a manner satisfactory to the Borough Attorney.
Each instrument of conveyance shall establish that final acceptance
by the Borough shall not occur until formal acceptance of the same
by ordinance adopted by the governing body. Following the recording
of the deeds of dedication and grants of easement documents, they
shall be returned to the Borough to be held for future acceptance,
at such time as all improvements have been completed and approved
by the Borough Engineer.
[Added 6-19-2003 by Ord. No. 12-2003]
F. Variance checklist.
(2) Identification of all sections of the Zoning Ordinance
from which relief is sought.
(3) A statement of the reasons why variance(s) is needed.
(4) For bulk "c" variances involving single-family residences
only, a survey (12 copies) showing:
(a)
The existing and proposed development.
(c)
Lot and building dimensions.
(d)
The location of well and septic systems.
(5) For use "d" variance applications, a statement of
legal basis for grant of variance which must include:
(a)
A list and explanation of the specific special
reason(s) advanced, demonstrating that the proposed variance would
not cause detriment to the intent and purpose of the Zoning Ordinance.
(b)
An explanation of how the requested variance
would be consistent with the goals and provisions of the Master Plan.
(c)
The reasons why the proposed development would
pose no substantial harm to surrounding properties or the Borough
generally.
(d)
If the proposed use is not inherently beneficial,
list and explain the unique features of the site giving rise to the
need for a variance and indicate the particular suitability of the
site, as compared to other locations in the Borough, for proposed
use.
(6) For "d" variances and on the variance portion of a
bifurcated application, a concept plan showing:
(a)
The existing development.
(b)
The proposed development.
(d)
Existing and proposed building dimensions and
locations including setback from property lines.
(e)
The location of structures on adjoining surrounding
lots.
(f)
Lot lines of adjoining and surrounding lots.
(h)
The Master Plan section(s) relative to the site
in question and the Master Plan section(s) relative to the proposed
use (if any).
(i)
An area map showing the vicinity and location.
(7) For "d" variances and on the variance portion of a bifurcated application, certification by the applicant that any required review and inspection fees have been placed in escrow deposit with the Borough. (Refer to §
47-31M of the Code of the Borough of Kinnelon.)
G. Environmental impact statement checklist. The environmental
impact statement shall contain the following information:
(1) The location of the project and a description of the
project specifying what is to be carried out, including:
(a)
The reason for the project.
(b)
The recommended or favored proposed project
development mapped and described in detail.
(c)
The existing land use, zoning and Master Plan
delineation of the project mapped and described.
(2) An inventory of existing environmental conditions
at the project site and in the surrounding region which shall describe
the following. This information should be specific to the site and
not of general nature:
(b)
The slope and slope stability.
(f)
The hydrology, detailing acquifer and surface
water systems and conditions. Surface water and groundwater studies
shall include hydrolic characteristics and an analysis of the following:
pH, iron, manganese, nitrates, total suspended solids, total phosphates,
BOD, total coliform, chlorides, turbidity and volatile organic chemical
scan per N.J.A.C. 7:10-12.31.
[Amended 10-17-2002 by Ord. No. 18-2002]
(h)
The vegetation, with specific inventory of flora
on the site, including forest types, and designation of types on a
topography map.
(i)
The wildlife and wildlife habitats, including
endangered species habitat survey and location.
(o)
The aesthetics, including vistas, parks, recreation
sites and historic and archaeological sites.
(3) A listing of all licenses, permits or other approvals
as required by municipal, county or state law and the status of each.
The listing shall be accompanied by copies of all information submitted
to these agencies. The following permits shall also be submitted:
(a)
A wetlands permit, if required, and two copies
for the Environmental Commission of complete submittals to the New
Jersey Department of Environmental Protection (NJDEP) and Army Corps
of Engineers.
(b)
A stream encroachment permit, if required, and
two copies for the Environmental Commission of the complete submittal
and correspondence with NJDEP.
(4) An assessment of the probable impact of the project both adverse and beneficial, on the topics described in Subsection
G(2).
(5) A description of any probable adverse environmental
effects which cannot be avoided, including:
(c)
The noise characteristics and level.
(d)
The undesirable land use patterns.
(e)
The damage or destruction of significant plant
or wildlife systems.
(g)
The destruction of natural resources.
(h)
The displacement of people and business.
(i)
The displacement of viable farms.
(j)
The employment and property tax.
(k)
The disruption of desirable community and regional
growth.
(l)
The destruction of man-made resources.
(m)
The health, safety and well-being of the public.
(o)
The historical and archaeological sites.
(6) A thorough discussion of the steps to be taken, during and after construction, both at the project site and in the surrounding area, to minimize the adverse environmental effects as described in Subsection
G(5).
(7) An alternative to the proposed project, including:
(b)
A description of an alternate project development
with an objective evaluation of the alternatives that might avoid
some or all of the adverse environmental effects with the rationale
for acceptability or nonacceptability of each alternative.
(c)
An analysis of the costs and social impact of
the alternatives.
(8) The implication of the proposed action for population
distribution or concentration should be estimated and an assessment
made of the effect of any possible change in population patterns upon
the resource base, including land use, water and public services of
the area impacted. This should also include the cost of additional
schools, roads and police facilities, including the indirect cost,
such as loss of open space.
(9) A reference list of pertinent published information
relating to the project, project site and surrounding region.
(10)
Particular data is required as to:
(a)
Sewage facilities. It must be shown that either
there will be no runoff from the site of the proposed development
or that sewage can be disposed of through facilities adequate to preclude
water pollution.
[1]
Compliance with State and Municipal Board of
Health regulations.
[2]
If disposal is on site, data on geology, soil
logs and analysis, topography, location of aquifers, depth of all
wells on properties within 500 feet of site and other pertinent data.
[3]
If disposal is off site, the design shall be
detailed as to New Jersey state requirements and include:
[a] The plant design capacity.
[b] Monthly average flows for the past
twelve months.
[c] The enforcement action against
the plant.
[d] The capacity of the plant to treat
industrial or commercial wastes, if applicable.
[e] The receiving water quality standards.
[f] The stream quality data from state,
federal or private sources.
[g] The stream flow (minimum average
seven-consecutive-day flow with a frequency of occurrence of 10 years).
[h] Plans for a sewage treatment facility;
local plans, state regional planning policy.
[i] Flows expected from other approved
subdivisions which are dependent upon the sewage treatment facilities
in question.
(b)
Water supply. It must be shown that an adequate
potable water supply is available and not threatened by nearby use
of other land.
[1]
Compliance with state and local regulations.
[2]
If supply is from public facilities off-site,
including private water companies:
[a] The amount of diversion granted
by the NJDEP Division of Water Resources (maximum gallons of water
pumped during any month).
[b] The present diversion (maximum
gallons of water pumped during the past 24 months).
[c] The diversion expected from other
approved subdivisions which are dependent upon the present diversion
granted by NJDEP Division of Water Resources.
[3]
If supply is from on-site sources, realty improvements
(less than 50 dwelling units):
[a] The location and depth of all private
and public water supplies within 500 feet of the realty improvement.
[b] The location, depth and adequacy
of the proposed private or public water supplies to serve the proposed
realty improvement.
[c] A geological description of subsurface
conditions, including expected groundwater yields (using published
geologic reports or report by a geologist).
[4]
If supply is from on-site sources, realty improvements
(more than 50 dwelling units):
[a] Preliminary subdivision approval
shall not be granted until the NJDEP Division of Water Resources has
determined that the proposed supply, water quality and sewage disposal
facilities are adequate.
(c)
Drainage. It must be shown that the stormwater
runoff from the site is so controlled that on-site and off-site erosion
is neither caused nor worsened and that the potential of downstream
flooding is not increased.
[1]
The volume of stormwater runoff now existing
from the site and the volume to be generated by new improvements.
[2]
Data on landscaping, vegetation map, tree and
ground cover existing on site, compared with that proposed.
[3]
Changes to runoff caused by change of landscape,
roof and paved surfaces.
[4]
Plans for disposition of stormwater, whether
by retention on site or means of channeling so as to protect downstream
property.
[5]
Stream encroachments. Per the requirements of
N.J.A.C. 7:13-1.1 et seq., in case of streams having drainage areas
exceeding 50 acres, an encroachment permit is required from the NJDEP
Division of Water Resources for fill or diversion of a water channel,
alteration of a stream or repair or construction of a bridge, culvert,
reservoir, dam, wall, pipeline or cable crossing.
[6]
Floodplains. A description of potential flood
damages, including a summary and delineation of flood stages as defined
by the New Jersey Department of Environmental Protection.
[7]
The submission of a soil erosion and sediment
control plan drawn in accordance with the guidelines adopted by the
Morris County Soil Conservation District and the Borough of Kinnelon.
(d)
Solid waste disposal. The applicant shall submit
a plan for disposal in compliance with the State Sanitary Code. A
recycling plan shall be submitted in compliance with the Statewide
Mandatory Source Separation Act, as referred to in the Municipal Land
Use Law, N.J.S.A. 40:55D-28b(12).
[Amended 3-20-2008 by Ord. No. 4-08]
[1]
Any application to the Borough Planning Board
for subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single-family developments of 50
or more units or any commercial, institutional or industrial development
for the utilization of 1,000 square feet or more of land shall submit
a recycling plan that must contain, at a minimum, the following:
[a] A detailed analysis of the expected
composition and amounts of solid waste and recyclables generated at
the proposed development; and
[b] Locations documented on the applicant's
site plan that provide for convenient recycling opportunities for
all owners, tenants and occupants. The recycling area shall be of
sufficient size, be in a convenient location and contain other attributes
(signage, lighting, fencing, etc.) as may be determined by the Municipal
Recycling Coordinator.
[2]
Prior to the issuance of a certificate of occupancy
by the Borough of Kinnelon, the owner of any new multifamily housing
or commercial, institutional, or industrial development must supply
a copy of a duly executed contract with a hauling company for the
purposes of collection and recycling of source-separated recyclable
materials. The applicant shall make provisions for the indoor, or
enclosed outdoor, storage and pickup of solid waste. Said provisions
shall be approved by the Borough of Kinnelon Engineer.
(e)
Air pollution. The applicant must show that
no visible smoke or deleterious chemical changes will be produced
in the atmosphere by any heating or incinerating devices or by processing
of materials.
(11)
The environmental impact statement shall be
prepared by a person having expertise in the environmental field,
by virtue of training, experience or education. The person or firm
shall demonstrate its qualifications to the satisfaction of the Planning
Board.
H. Traffic impact study checklist.
(1) A traffic impact study shall be required for all subdivisions
over 10 lots, residential site plans for over 10 units and commercial
site plans with over 10 parking spaces. The traffic impact study shall
be in the form required by this article, unless the report is specifically
waived by the Planning Board. A traffic impact study shall not be
required for development along Route 23; however, a New Jersey Department
of Transportation (NJDOT) permit shall be submitted where such permit
is required or modified to include criteria required by NJDOT pursuant
to their rules for highway access permits.
(2) The traffic impact study report shall contain the
following information:
(a)
Projections of traffic to be generated by the
proposed development for average, daily, morning peak highway hour(s),
afternoon peak highway hour(s) and any other peak traffic condition
deemed applicable as a result of the type and/or location of the proposed
generator. Traffic generation rates should be based upon local indexes,
where available, and should be documented in the report. Also, the
method and data base upon which traffic-approach-route distributions
are based shall be fully documented. Any assumptions regarding the
diversion of existing traffic to alternative routes should be clearly
specified in the report.
(b)
The report shall contain a full documentation
of all existing applicable conditions on adjacent streets serving
immediate site access/egress, including but not limited to roadway
pavement width, rights-of-way, curb parking conditions, pavement conditions,
sight distances, roadway grades and horizontal and vertical alignments
of the roadway. The location and type of intersection traffic control
devices both existing and proposed shall be specified. Existing traffic
volumes for average daily and peak-hour conditions shall be presented
with the source of these data denoted.
(c)
An assessment of the traffic impact of the proposed
development, including an estimate of volume-versus-capacity relationships,
shall be provided. In preparing these estimates, assumptions regarding
the annual growth rate of existing traffic should be fully documented.
Capacity determination shall be based upon normally accepted standards,
with the basis of these estimates clearly indicated. In the event
that the project is staged over a period of time, independent estimates
for each stage envisioned shall be provided.
(d)
In the event that roadway deficiencies are identified
for existing and/or future conditions, specific recommendations for
the resolution of these problems shall be addressed in the report.
The report shall contain a listing of any and all actions to be undertaken
by the applicant to resolve or minimize traffic problems and, as such,
shall be considered a firm offer by the applicant to undertake said
actions, subject to approval by the Planning Board and any other county
or state agency with jurisdiction.