Township of Pilesgrove, NJ Article VIII Development Application Review Procedures

[Amended 9-10-1996 by Ord. No. 96-3; 9-10-1996 by Ord. No. 96-4; 2-11-2000 by Ord. No. 99-10; 6-20-2000 by Ord. No. 6007; 12-29-2000 by Ord. No. 120013]

§ 145-54 Project suitability.

[Added 7-12-2005 by Ord. No. 05-09; amended 6-11-2013 by Ord. No. 13-04]

Each land development project must be suitable for the purpose(s) of its intended use. The environmental soundness of each land development application must be confirmed by the Planning Board based on an environmental impact statement and other information as may be required by the Planning Board.

§ 145-55 Application requirements.

A. Subdivision and site plan review by the Planning Board. All preliminary and final subdivision or site plan reviews shall be referred to, reviewed, and approved, or disapproved by the applicable Board in accordance with the procedures specified in this article and in other sections of this chapter. Any application not processed as required herein shall be null and void unless it was made prior to the adoption of these regulations.

[Amended 10-13-2009 by Ord. No. 09-09]

B. Site plan review. No construction permit shall be issued for any new structure or for an addition or alteration to an existing structure, and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the municipality, except that:

(1) A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) or uses on a lot shall not require site plan approval, except that the use of any existing or proposed principal or accessory building for a home occupation as defined and permitted by this chapter shall require a zoning permit prior to the issuance of a construction permit or certificate of occupancy. The foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other ordinances.

(2) Any change of use from one permitted category of nonresidential use to another permitted category of nonresidential use shall not require site plan approval if both the Construction Official and Zoning Officer certify to the Board, in writing, that the existing site development meets the requirements of this chapter for the new use category and the new use category does not require an increase in the number of required parking spaces.

[Amended 2-14-2012 by Ord. No. 12-02]

(3) Permitted accessory buildings to residential, permitted accessory equine barns and equine shelters (a. less than 300 square feet in area; b. fifteen feet or less in height: c. set back at least 150 feet from a neighboring residential dwelling; and d. will not exceed the permitted building and lot coverage maximum and other ordinance standards), and permitted accessory buildings to agricultural/horticultural uses shall not require site plan approval. Moreover, a zoning permit or building permit shall not be required for a permitted accessory building to a residential use, provided that the accessory building is less than 100 square feet in size, is not situated on a permanent foundation and is the only accessory building of less than 100 square feet without a permanent foundation on the lot. Accessory ground-mounted solar systems on conforming residential lots that occupy an area less than 1,200 square feet (including the aggregate area of multiple systems), that comply with all screening and setback requirements, shall require construction and use permits, but may not require site plan approval. Ground-mounted solar systems that occupy an area larger than 1,200 square feet (including the aggregate area of multiple systems) shall require the appropriate site plan approvals prior to obtaining a zoning permit. See § 145-15.1 for general district regulations applicable to accessory and principal solar and small wind energy systems in all zoning districts. Wind energy systems, where permitted, require the appropriate site plan approval.

[Amended 4-25-2011 by Ord. No. 11-06; 12-29-2015 by Ord. No. 15-08]

(4) Building alterations shall not require site plan approval if the following conditions apply:

(a) There is no change in use;

(b) No additional parking is required;

(c) No variance is required;

(d) There is no major change in circulation proposed, such as drive-through windows, ingress or egress drives, changes in internal circulation, loading or unloading, delivery or pickup of goods and services or trash collection; and

(e) There are no major changes in a significant site facility or improvement, such as a drainage facility, buffer or landscaping features and the like.

(f) The total impervious area of the site is not increased by more than 10%.

(5) Fences not included as part of a site plan application shall not require site plan approval but shall require the issuance of a zoning permit.

(6) Signs not included as part of a site plan application shall not require site plan approval except that any sign exceeding 25 square feet in area shall require minor site plan review and approval. All signs shall require the issuance of a zoning permit except as exempted in § 145-34 of this chapter.

(7) An applicant may elect to file for preliminary and final site plan approval simultaneously to expedite the review process. The site plan shall be prepared according to the requirements stipulated for final approval. Developers electing to bypass the preliminary approval stage are doing so at the peril of added expense if changes in design are required.

C. Variance relief. All applications for variance relief to the Planning Board not involving any related site plan, subdivision or conditional use approval shall include 15 copies of any maps and related material; 15 completed copies of the appropriate application form(s), which includes the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and the fee in accordance with Article IX of this chapter. The Board shall act upon the application as stipulated by law and as indicated in § 145-48 of this chapter.

D. Informal review by the Planning Board.

(1) At the request of a developer, the Planning Board shall grant one informal review, not to exceed 15 minutes of duration, regarding a concept plan for a development for which a developer intends to prepare and submit an application for development. The fee payable pursuant to Article IX shall be credited toward the application fee payable if the development is pursued.

(2) In the event that a subsequent informal review is requested, the fee as well as the escrow described in Article IX shall be paid and not credited toward any application fee associated with the development.

(3) The developer shall not be bound by any concept plan for which the review is requested, and the Planning Board shall not be bound by any such review.

(4) A developer desiring to have a concept plan informally reviewed by the Planning Board shall so notify the administrative officer at least four weeks prior to the meeting of the Board. The administrative officer shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.

E. Conservation design review process. Applicants that choose to utilize one of the conservation design development options listed in the zoning district regulations shall file an application to pursue that cluster process. Any applicant that decides to change from a conventional land development process to the conservation design process, or vice versa, shall terminate the original application and file a new application. The conservation design review process must proceed in the sequential manner listed below. All of the items listed below must be submitted in the time and manner indicated for the application to proceed to approval. The applicant's failure to submit the required documents or to fully participate in the required process shall be grounds for denial of the application.

[Added 10-13-2009 by Ord. No. 09-09]

(1) Conceptual meeting. A conceptual meeting is required for all conservation design applications between the applicant, the Planning Board, and the Board's professionals to introduce the applicant to the cluster option review process, to discuss the applicant's objectives, and to schedule site inspections, meetings, and plan submissions as described below. Applicants are encouraged to present the existing conditions plan at the conceptual meeting.

[Amended 12-13-2011 by Ord. No. 11-09]

(2) Existing conditions plan. Applicants shall prepare and submit an existing conditions plan prepared in accordance with the requirements contained in § 145-57B(7). The purpose of this key submission is to familiarize the Board with existing conditions on the subject tract and its immediate vicinity, and to provide a complete and factual reference for the site inspection. This plan shall be provided at least 10 days prior to the site inspection, and shall form the basis for the development design discussion as shown on the diagrammatic sketch plan.

(3) Site inspection by Planning Board and applicant. After receipt of the existing conditions plan, the applicant shall arrange for a site inspection of the property by the Planning Board and the Board's planner. If required by law, the site inspection shall be advertised as a special Planning Board meeting. The purpose of the visit is to familiarize the Planning Board with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated conservation design open space (greenways), if applicable, and potential locations for proposed residential dwellings and street alignments. Comments made by the Planning Board and/or its professionals at this stage shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the site inspection.

(4) Presketch plan conference. Subsequent to the site inspection and prior to the submission of a diagrammatic sketch plan, the applicant shall meet with the Planning Board or a designated subcommittee and the Board Planner to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the four-step design procedure described in § 145-57D of this chapter, where applicable. At the discretion of the Board, this conference may be combined with the site inspection.

(5) Sketch plan submission and review. A sketch plan shall be submitted by the applicant as a diagrammatic basis for informal discussion with the Planning Board regarding the design of the proposed major subdivision or site plan in accordance with § 145-55F. The sketch plan submission is required as a means of developing a better understanding of the property and an overall design approach that respects its special or noteworthy features, while providing for the base or enhanced density permitted under the zoning district regulations.

(6) Preliminary plan submittal, determinations of completeness, review and approvals. The four-step design process described in § 145-57D shall be followed when the applicant decides to utilize one of the conservation design development options specified for the AR, RR, and SR Districts. The preliminary plan must also comply with the submission requirements of § 145-57B.

(7) Final plan preparation. Incorporation of all preliminary plan approval conditions, documentation of all other agency approvals, as applicable. Submission, determination of completeness, review, and approval. The final plan must also comply with the submission requirements of § 145-58B.

(8) Municipal Board signatures.

(9) Recording of approved final subdivision or site plan with County Clerk's office.

F. Sketch plan review by the Planning Board.

[Added 10-13-2009 by Ord. No. 09-09]

(1) Applicability. All applicants seeking to exercise a conservation design development option specified in the Zoning Ordinance shall submit a sketch plan for review by the Planning Board. The submission of a sketch plan does not constitute formal filing of a subdivision or site plan with the Township Planning Board, and shall not commence the statutory review period as specified by the Municipal Land Use Law. The procedures for submission of a diagrammatic sketch plan are described below, and may be altered only at the discretion of the Board.

(2) To provide a full understanding of the site's development potential and to facilitate the most effective exchange with the Planning Board, a sketch plan shall be submitted that includes the information listed below as a precedent to the preliminary subdivision plan. The sketch plan needs to be sufficiently definitive with regard to location with the understanding that minor changes will be required during detailed site design.

(a) The information required in § 145-57B(4), (5), (6)(a) and (7);

(b) Relevant topographic, physical, and cultural features not included within the above-referenced information requirements, including fields, pastures, meadows, wooded areas, steep slopes, soil types, field tiles, and cultural features, such as all structures, foundations, walls, wells, trails, and abandoned roads;

(c) The location of existing and proposed streets both within the tract and within 100 feet of its boundary;

(d) Schematic layout indicating a general concept layout for land conservation and development, including the potential location of buildings, structures, access drives, and lot lines; and

(e) General description of proposed method of water supply, sewage disposal, and stormwater management.

(3) The objective of the sketch plan review process is to establish the basis of detailed design. Nonetheless, the applicant and the Planning Board shall not be bound by any comments or recommendations made during the sketch plan review process.

(4) Sketch plan submission and review. Copies of the diagrammatic sketch plan, meeting the requirements set forth above, shall be submitted to the Planning Board Secretary for distribution at least two weeks prior to the Planning Board meeting at which the sketch plan is to be discussed. The sketch plan shall diagrammatically illustrate the applicant's initial thoughts about a conceptual layout for open space (greenway) lands, residential dwelling locations, and street alignments, and shall be based closely upon the information contained in the existing conditions plan. The sketch plan shall also be designed in accordance with the four-step design process described in § 145-57D and with the design review standards listed in § 145-28.3.

(5) The Planning Board shall review the sketch plan in accordance with the criteria contained in this chapter and other applicable ordinances of the Township and shall informally advise the applicant the extent to which the proposed subdivision or land development conforms to the relevant standards of this chapter. Sketch plan modifications that would increase the degree of conformance may be suggested. The sketch plan review shall include but will not be limited to the following:

(a) The definition of primary and secondary conservation areas;

(b) The location of all areas proposed for land disturbance (streets, foundations, yards, septic disposal systems, stormwater management areas, etc.) with respect to potable features of natural or cultural significance as identified on the applicant's existing conditions plan, in the Township Environmental Resource Inventory (ERI) or in any elements of the Township Master Plan elements;

(c) Proposed access locations along the existing road network and connections with existing and proposed streets;

(d) Proposed building density and impervious coverage;

(e) Compatibility of the proposed land development with respect to the objectives and policy recommendations of the Master Plan; and

(f) Consistency with the Zoning Ordinance and district regulations.

(6) The fee schedule for a sketch plan review is shown in Article IX, § 145-60, Fees. The sketch plan fee shall be credited toward the preliminary plan application fee that is payable if the development plan is pursued.

§ 145-56 Submission of minor subdivision plats and minor site plans.

A. Procedure for submitting minor subdivision plats and minor site plans. The applicant shall submit to the administrative officer: 18 copies of the minor plat or plan; 18 copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and a fee in accordance with Article IX of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and minor site plans and agrees to be bound by it. The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.

B. Details required for minor subdivision plats and minor site plans.

(1) Each minor plat or minor plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.

(2) Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet and shall be submitted on one of three of the following standard sheet sizes: 8 1/2 inches by 13 inches; 15 inches by 21 inches; or 24 inches by 36 inches, with all sheets submitted of the same size.

(3) Each minor plat or plan shall show the following information, as such information is applicable to the minor subdivision or minor site plan submission:

(a) A key map showing the entire tract and its relation to the surrounding area at a scale of one inch equals not more than 800 feet.

(b) Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including the:

[1] Name of subdivision or development, Township of Pilesgrove and Salem County;

[2] Name, title, address and telephone number of the subdivider or developer;

[3] Name, title, address and license number of the professional or professionals who prepared the plat or plan;

[4] Name, title and address of the owner or owners of record;

[5] Scale (written and graphic); and

[6] Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.

(c) Acreage to the nearest tenth of an acre (both with and without areas within public rights-of-way) and North arrow.

(d) Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given his consent under an option agreement.

(e) Concerning corporations or partnerships, a list of names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class as required by N.J.S.A. 40:55D-48.1 et seq.

(f) Approval signature lines:

[1] Chairman;

[2] Secretary; and

[3] Board Engineer.

(g) Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map.

(h) Tract boundary line (heavy solid line) and existing or proposed subdivision or property lines.

(i) Zoning districts affecting the tract, including district names and requirements, with a comparison to the application.

(j) The location of existing and proposed property lines (with bearings and distances), streets, structures (with their numerical dimensions and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes and natural features, such as treed areas, both within the tract and within 100 feet of its boundary.

(k) The location and width of all existing and proposed utility easements and rights-of-way, the use(s) for which they are intended to be limited and the manner in which the easements will be controlled.

(l) Proposed buffer and landscaped areas and the location and identification of existing vegetation with an indication as to whether it is to remain or be removed.

(m) Delineation of streams, ponds, floodplains, marshes, wetlands and lands subject to flooding within the tract and within 100 feet thereof.

(n) Contours as shown on the United States Geological Survey topographic sheets and proposed grades.

(o) The names of all adjacent property owners and adjacent block and lot numbers as they appear on the most recent tax list prepared by the Township Tax Assessor.

(p) Certificate from the Township Tax Collector that all taxes and assessments are paid to date.

(q) Concerning minor subdivisions only, existing and proposed monuments.

(r) Concerning minor site plans only, lighting details, sign details, circulation and parking details and drainage calculations and proposed drainage improvements and details.

(s) Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.

(t) No minor subdivision or minor site plan involving any street(s) additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said streets, as applicable, shall be granted to the Township or other appropriate governmental agency.

(u) Plans of proposed improvements and utility layouts, including sewers, storm drains and water lines, and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all Township, county, state and federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient. Additionally, letters from the appropriate county and state agencies granting approval for the extension of utility service(s) under their respective jurisdiction shall be submitted with the application.

(v) No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter.

(w) No minor subdivision plan shall be approved unless the complete right to farm provisions contained in § 145-40G of this chapter are prominently shown on the plat map and are agreed upon by the subdivider to be included in each agreement of sale with any contract purchaser of any of the subject lots.

C. Action by the Township on minor subdivision plats and minor site plans if variances are requested.

[Amended 12-29-2000 by Ord. No. 120013; 10-14-2008 by Ord. No. 08-10]

(1) The Planning Board, with the assistance of the Board Engineer and Board Attorney, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

(a) If said application is found to contain all of the information required by Subsection B of this section, the Board shall certify that said application is complete and direct the application to the Planning Board.

(b) If said application is found to lack some of the information required by Subsection B, the Board shall either:

[1] Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

[2] If waivers of checklist items have been specifically requested by the applicant in the application for development, the Planning Board shall act on the request for waivers within 45 days of application submission. If the Board reasonably concludes that the missing items of information are not necessary to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items. If the waivers are granted, the application is complete as long as all other requirements for submission have been satisfied. If the waivers are denied, the application is incomplete until missing information is submitted. At that time, the application is complete if all other requirements for submission have been satisfied.

(c) An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection B, and said request shall be the subject of a resubmitted application treated as a new submission, which shall be acted upon in accordance with Subsection C(1)(a) or (b) hereinabove.

(d) In the event that the Board fails to act pursuant to Subsection C(1)(a) or (b) hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

(2) On the date the aforesaid application is certified complete, or on the 46th day following the submission of the application in the event that the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter and/or may require revisions in the application documents, all as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met; provided, however, that the application shall not be deemed incomplete for lack of any such additional information or revisions.

(3) Distribution of documents.

(a) Promptly after certification of completeness, the application documents shall be distributed by the administrative officer to the following:

[1] The Planning Board (11 copies each of the minor plat or plan and the application);

[2] The Board Planner (one copy each of the minor plat or plan, the application and any protective covenants, easements and/or deed restrictions);

[3] The Board Engineer (one copy each of the minor plat or plan, the application and any protective covenants, easements and/or deed restrictions);

[4] The Zoning Officer (one copy of the minor plat or plan);

[5] The Board Attorney (one copy each of the minor plat or plan, the application and any protective covenants, easements and/or deed restrictions);

(b) At the direction of the Planning Board, additional copies of the minor plat or plan and/or other items of submitted information shall be sent to other Township, county or state agencies and/or to other professional consultants as may be designated by the Board; and

(c) It shall be the applicant's responsibility, unless specifically provided otherwise in this chapter, to submit the required application to any agency (including but not limited to the Salem County Planning Board, the Salem County Board of Health, the Salem County Soil Conservation District and the New Jersey State Department of Environmental Protection and Energy) having jurisdiction over any aspect of the proposed development.

(4) The Planning Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any minor subdivision or minor site plan application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 145-54A(2) of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

(5) The Zoning Board shall take action on a minor subdivision or minor site plan application under its jurisdiction in the time frame(s) as prescribed in Subsection C(4) hereinabove unless said minor subdivision or minor site plan application is being considered by the Zoning Board of Adjustment simultaneously with an application for a use variance in accordance with N.J.S.A. 40:55D-70d and § 145-47D of this chapter, in which case the Zoning Board of Adjustment shall act upon all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

(6) The professional staff of the Board and any designated Development Review Committee shall read any written reports submitted concerning the application and shall review the submission to ascertain its conformity with the requirements of this chapter. The professional staff of the Board and any designated Development Review Committee shall offer its recommendations to the Planning Board.

(7) Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either property in question or upon any adjacent properties may be required to be revised to remove any adverse effect(s) prior to further review or approval by the Board; or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

(8) All hearings held on applications for minor site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing. (See § 145-51D.)

(9) For any application that is heard by the Planning Board and is continued for additional studies, reports, plans or revisions to previously submitted material, the new or revised material must be submitted to the Township at least 10 days prior to the hearing at which the new material is to be considered by the Board.

(10) When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made, and at least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Board Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required, and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approved resolution, adopted in accordance with § 145-51F of this chapter, within 10 days of its adoption by the Board.

(11) When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § 145-51F of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

(12) Filing.

(a) Deed descriptions, including metes and bounds, easements, covenants, restrictions, proposed block and lot numbers as provided by the Township Engineer, roadway and sight triangle dedications shall be submitted for approval and required signatures prior to filing with the county recording officer as set forth in Subsection C(12)(b) below.

(b) Within 190 days from the date on which the resolution of municipal approval of a minor subdivision is adopted by the Board, a plat map drawn in compliance with the Map Filing Act, P.L. 190 c. 141 (N.J.S.A. 46:23-9.9 et seq.)[1] or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the county recording officer, provided that if an applicant elects to file a deed, said deed shall be accompanied with a photographically reduced copy of the approved plat. Unless filed within the 190 days or an extension for filing is granted by the Board, the approval shall expire and will require Board approval as in the first instance.

[1] Editor's Note: The Map Filing Act was repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.

(c) The Board may extend the period of 190 days for filing a minor subdivision or deed if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(13) The zoning requirements and general terms and conditions, whether conditional or otherwise, shall not be changed for a period of two years either after the date on which the resolution of approval is adopted by the Board for a minor subdivision or after the date of approval by the Board of a minor site plan. The Board shall grant an extension of this period 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 approvals. A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

(14) Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:

(a) Township Clerk.

(b) Township Engineer (in the case of subdivisions only, a map of the plat drawn to the Tax Map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the Board Engineer).

(c) Construction Official.

(d) Township Tax Assessor.

(e) Such other Township, county or state agencies and officials as directed by the Board.

D. Action by the Subdivision Committee on minor subdivision plats and minor site plans when no variances are requested.

[Added 10-14-2008 by Ord. No. 08-10]

(1) The Subdivision Committee, with the assistance of any professional(s) it deems appropriate, shall review the application for the purpose of determining, within 45 days of its submission, whether or not said application is complete. Thereafter:

(a) If said application is found to be complete and conforms with the definition of minor subdivision and/or minor site plan, it may approve same, subject to conditions and terms, if deemed appropriate, assuring compliance with the intent of this chapter. A resolution granting said approval, subject to conditions which may be imposed, shall be deemed final minor subdivision and/or site plan approval by the Board when signed by the Subcommittee members. Said resolution shall be transmitted to the Board Secretary so same may be read into the minutes to keep the Board appraised thereof and filed with subdivision records.

(b) If said application is found to lack some of the information required, the Subdivision Committee shall either:

[1] Cause the applicant to be notified, in writing, that said application is incomplete specifying the deficiencies; or

[2] If waivers of checklist items have been specifically requested, the Subdivision Committee shall determine whether the waivers may be granted. If the Subdivision Committee feels same should not be granted, said request for waivers shall be promptly forwarded to the Board's Secretary so the full Planning Board may consider same within 45 days of applicant's request for waivers.

[3] If the Subcommittee waives any of the checklist items, and then determines if, after such waiver(s), said application is complete, it may consider the subdivision as set forth in Subsection D(1)(a) above.

(2) In the event the Subcommittee denies the request, the applicant shall be informed within 10 days, in which event the applicant may request a hearing by the full Board.

(3) In the event the Subdivision Committee approves the minor subdivision and/or site plan, the procedures, if not inconsistent herewith, set forth in § 145-56C above captioned "Action by the Township on minor subdivision plats and minor site plans if variances are requested," shall be complied with, including, but not limited to, the filing of the deed(s) with the Salem County Clerk, submission of evidence of compliance with conditions, distribution of approval resolution by the Board's Secretary, etc.

§ 145-57 Major subdivision plat requirements.

A. Procedure for submitting preliminary major subdivision plats and preliminary major site plans.

(1) The applicant shall submit to the administrative officer: 18 copies of the preliminary plat or preliminary plan; 18 completed copies of the appropriate applications, which includes the checklists pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; 18 copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; 18 copies of the environmental impact statement; and a fee in accordance with Article IX of this chapter.

(2) The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans and agrees to be bound by it. The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.

(3) Any applicant proposing to develop a solar or wind energy system with the primary purpose of selling energy back to the grid or to another party or for installations that occupy an area larger than one acre shall provide, as part of a site plan application, the following:

[Added 4-25-2011 by Ord. No. 11-07]

(a) Location of proposed and existing overhead and underground utility and transmission land utility lines. Location of any proposed or existing substations, inverters and transformers. Description of how the energy generated from the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended end user/s. Description of any necessary upgrades or modifications to existing substations or necessity for new substations.

(b) Description of compliance with applicable net metering and interconnection standards.

(c) Abandonment. Any solar or wind energy system that is not operated for its intended and approved purpose for a continuous period of 12 months shall be considered abandoned, and the owner of such system shall remove the same within 180 days of receipt of notice from the Township, by personal service or certified mail, notifying the owner of such abandonment. The system shall be removed from the property to a place of safe and legal disposal in accordance with a decommissioning plan. Failure to remove an abandoned solar or wind energy system within said 180 days shall be grounds for the Township to remove the system at the owner's expense.

(d) Decommissioning plan. All applications for a solar facility that occupies an area of one acre or larger shall be accompanied by a decommissioning plan to be implemented upon: 1) abandonment; or 2) cessation of activity; or 3) in conjunction with removal of solar energy systems. The decommissioning plan shall be submitted in accordance with the requirements of this subsection. Prior to removal of solar energy systems a demolition permit for removal activities shall be obtained from the Township Construction Official. Prior to issuance of a demolition permit, the owner or operator of the facility shall post a performance bond to ensure removal of the facility or systems in accordance with the decommissioning plan. Removal of solar energy systems shall be conducted by an electrician licensed in the State of New Jersey.

[1] If the applicant ceases construction or operation of the energy project for 12 months, the applicant shall restore the site according to a decommissioning plan prepared by the applicant and approved by the Board. The applicant shall submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without significant delay, including but not limited to the following:

[a] Removal of aboveground and underground equipment, structures and foundations to a depth of at least three feet below grade. Underground equipment, structures and foundations need not be removed if they are at least three feet below grade and do not constitute a hazard or interfere with agricultural use or other resource uses of the land. The plan shall describe the means by which all equipment and components of the system(s) shall be disposed of in an environmentally responsible manner and in accordance with prevailing federal, state and/or local regulations.

[b] Restoration of the surface grade and soil after removal of aboveground structures and equipment.

[c] Restoration of surface grade and soil.

[d] Revegetation of restored soil areas with native seed mixes, plant species suitable to the area, which shall not include any invasive species. In farmland areas, the revegetation component of the decommissioning plan may include provisions to resume agricultural use of the site.

[e] The plan may provide for the retention of access roads, fences, gates or buildings in place or regarding restoration of agricultural crops or forest resource land.

[f] The plan must provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration.

[g] The plan must include a schedule for completion of site restoration work.

[2] A cost estimate shall be provided for the cost of fully implementing the decommissioning plan prior to the issuance of a demolition permit. The cost estimate shall be subject to review and approval by the Township Engineer.

[3] Before beginning any decommissioning activities, the applicant must submit a performance bond in a form and amount satisfactory to the Township Attorney, which shall be based upon an estimate approved by the Board Engineer, assuring the availability of adequate funds to restore the site to a useful, nonhazardous condition in accordance with the decommissioning plan.

[4] Upon cessation of activity for a cumulative period of 180 days of construction or installation activities of an approved solar or photovoltaic energy system, the Township may notify the owner and/or the operator of the facility to complete construction and installation of the facility. If the owner and/or operator fail to complete construction and installation activities within 180 additional days, the Township may order the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or or operator shall substantially complete all activities in the decommissioning plan.

[5] If the operator fails to fully implement the decommissioning plan subject to the procedures and timelines set forth above, or is otherwise unable to restore the site as required within 180 days of the Township's service of notice in accordance with this subsection, the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may in accordance with the law recover all expenses incurred for such activities.

B. Details required for preliminary major subdivision plats:

[Amended 4-8-2003 by Ord. No. 0210; 12-28-2004 by Ord. No. 04-17; 7-12-2005 by Ord. No. 05-09; 7-10-2007 by Ord. No. 07-10; 10-13-2009 by Ord. No. 09-09]

(1) Professional preparation. Each preliminary plat shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey, provided that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.

(2) Plat format. Each preliminary plat shall be drawn at an appropriate scale not less than one inch equals 50 feet submitted on one of four of the following standard sheet sizes: 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches. All plan sheets shall be the same size and shall be folded into eighths with the title block revealed.

(3) Overall subdivision plan. If more than one sheet is required to show the entire tract being subdivided at the specified plat scale, an overall subdivision plan at a scale of not less than one inch equals 100 feet shall be submitted showing the entire subdivision and shall contain a key sheet indicating the sheets on which the various sections are shown.

(4) Title block. The title block on each sheet shall be in accordance with N.J.S.A. 45:8-36 and shall include the following information:

(a) Subdivision name;

(b) Township of Pilesgrove, Salem County;

(c) Name, title, address and telephone number of the developer;

(d) Name, title, address, telephone number, signature, seal, license number of professional who prepared the plan;

(e) Name, title and address of the owner or owners of record;

(f) Scale (written and graphic);

(g) Date of original preparation and of each subsequent revision thereof.

(5) North arrow on each plat or map.

(6) Title sheet. Each major subdivision plat shall show the following information on the title sheet:

(a) Key map at a scale of not more than one inch equals 800 feet showing the following information:

[1] Zoning districts and boundary delineations;

[2] Streets and roads;

[3] Streams, water bodies and watercourses;

[4] Property lines; block/lot designations.

(b) Owner's certification signed by the owner indicating that the owner has given consent for the application.

(c) Approval signature lines for Planning Board Chairman; Secretary; and Engineer.

(d) Zoning comparison table comparing each proposed lot with all applicable zoning provisions.

(7) Existing conditions plan. The existing site conditions shall be shown on an existing conditions plan signed by a professional land surveyor that includes the following information:

(a) Natural features, such as wetlands, wetland buffer areas, vernal pools, soil types, groundwater recharge areas, critical habitats, treed areas, high points, marshes and depressions, both within the tract and within 100 feet of its boundaries. A letter of interpretation (LOI) from the NJDEP verifying the wetlands delineation shall be obtained and cited on the plan. All delineated wetlands shall be defined by metes and bounds.

(b) Man-made features, such as streets, driveways, farm and woods roads, bridges, buildings, foundations, walls, graves, cisterns, stone walls, wells, leach fields, and tile drains both within the tract and within 100 feet of its boundaries.

(c) Watercourses, water bodies, and floodplains within the tract and within 100 feet of its boundary shall be shown and the basis of the floodplain delineation shall be indicated.

(d) Existing vegetation information indicating the location and species of all trees and groups of trees with a dbh in excess of 12 inches. The location and species of trees to be preserved and removed shall be indicated. Vegetative cover conditions on the property, including cultivated land, permanent grassland, meadow, pasture, old field, hedgerow, woodland, and wetland. Vegetative types shall be described by plant community, relative age and condition.

(e) Existing topographic contours shall be shown as a dashed line at intervals of one foot where slopes are less than 10%; and intervals of two feet where slopes exceed 10%. All contour information shall be related to United States Geological Survey datum.

(f) Existing structures and uses, within the tract and within 100 feet of its boundary, showing existing front, rear and side yard setback distances.

(g) Existing easements and rights-of-way; their location and size; the use(s) for which they are intended; the manner in which the easements are controlled; and to whom they were granted.

(h) Existing utility structures, including location and size of all pipes and structures, including water and sewer mains, valves, hydrants, gas transmission lines and high-tension power lines, on the tract and within 100 feet thereof.

(i) A viewshed analysis showing the location and extent of views into the property from public roads and public open space.

(j) The location of trails on the tract that are being used by the public.

(8) Subdivision plat. The preliminary major subdivision plat shall show the following information:

(a) Tract acreage and area to be disturbed (to the nearest tenth of an acre).

(b) Names of all property owners and lot and block numbers within 200 feet of the extreme limits of the tract.

(c) Tax sheet, block and lot number(s) of the lot(s) being subdivided and the preliminary designations for the proposed lots.

(d) Tract boundary and subdivision lines; bearings and distances of each lot; number of lots.

(e) Existing and proposed structures indicating the location, height and size of all structures, including all accessory structures (fences, garages, trash enclosures), and indicating the structures to be constructed, removed, and retained within the tract and within 100 feet of its boundary as well as all applicable front, rear and side yard setback distances.

(f) Existing and proposed street plans, including width of cartway and right-of-way, sight triangles, curb radii, curve data, and all related street plan information.

(g) Existing and proposed easements and rights-of-way, their location and size, the use(s) for which they are intended to be limited, the manner in which the easements will be controlled and to whom they will be granted.

(h) Permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.[1]

[1] Editor's Note: The Map Filing Law was repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.

(i) Existing and proposed site access information indicating the means of vehicular access and egress from public streets; the location of driveways, sidewalks, fire lanes and curb cuts; channelization and signalization; acceleration/deceleration lanes; traffic control devices; and the location and design of any off-street parking or loading area showing the size and location of bays, aisles, and barriers; and specifying curbing and paving details.

(j) Street profiles and cross sections, on same or separate sheet, of all existing and proposed streets within and abutting the tract by station at an acceptable scale with street construction details.

(k) Lot dimensions necessary to confirm conformity to this chapter, including structure setbacks, structure heights, yards, building/lot coverage, and floor area ratios for each proposed lot.

(9) Grading/drainage plan. The grading plan shall clearly indicate existing and proposed site grading. The grading/drainage plan can be combined with the utilities plan to reduce the number of drawings, provided that the information is clearly represented.

(a) Existing topographic contours from the existing conditions plan shall be shown as screened or dashed lines.

(b) Proposed topographic contours shall be shown as a solid line at intervals of one foot where slopes are less than 10% and intervals of two feet where slopes exceed 10%. All contour information shall be related to United States Geological Survey datum.

(c) Stormwater management conveyance and control facilities showing the location, size, profile, slope, and flow direction of all existing and proposed storm sewer lines, catch basins, inlets, manholes, culverts, headwalls (including rim elevations and inverts), detention/retention basins and any other water/soil conservation or drainage devices, and any one-hundred-year floodplain, stream encroachment lines, or conservation easements within or adjacent to the tract;

(d) Test boring data, including logs, percolation rates and water levels in the vicinity of the proposed detention/infiltration basins and in the vicinity of proposed septic disposal fields.

(e) Cross sections and details, on same or separate sheet, of watercourses and/or drainage swales showing the extent of the floodplain, top of bank, normal water levels and bottom elevations at the locations required by the Board Engineer; as well as basin cross sections every 50 feet at right angles to the long access of the basin, each extending 75 feet beyond the top of the rim of the basin on each side.

(10) Utility plan. The utilities plan shall clearly indicate existing and proposed utilities. The utilities plan may be combined with another required plan provided that the information is clearly presented.

(a) Existing utility structures, including location and size of all water and sewer mains, valves, hydrants, gas transmission lines, power distribution lines, septic disposal fields, and utility structures (i.e., pump stations) on the tract and within 100 feet thereof.

(b) Proposed utility improvements, including location and size of proposed water and sewer mains, connections to gas, telephone and electrical utility systems, septic disposal fields, and utility structures (i.e., pump stations). If private utilities are proposed, they shall fully comply with all Township, county, state and federal regulations.

(c) Fire protection information indicating location of fire lanes, hydrants, code designation of structures, fire protection practices and fire flow data.

(d) Profiles and details of existing/proposed sanitary sewage facilities and water mains with proposed connections.

(11) Landscaping plan. The landscaping plan shall indicate existing vegetative conditions, areas that are to be protected or preserved, and proposed landscaping. The landscaping plan may be combined with another required drawing provided that the information is clearly presented.

(a) Location of all proposed plantings, screening and buffering.

(b) Planting legend listing the botanical and common names, sizes and total quantity of each plant keyed to the plan.

(c) Proposed contours in landscaped areas.

(12) Lighting plan. The lighting plan shall indicate the existing and proposed site lighting conditions. The lighting plan may be combined with the landscaping plan to reduce the number of drawings.

(a) Outdoor lighting fixtures location, height, direction of illumination, power, and type, including details of lighting poles and luminaries, hours and time of lighting.

(b) Photometric contours for each light fixture.

(13) Soil erosion and sediment control plan. The soil erosion and sediment control plan shall be prepared in accordance with N.J.S.A. 4:24-39 et seq.

(a) Soil erosion and sediment control plan as required by N.J.S.A. 4:24-39 et seq. and in accordance with the Salem County Soil Conservation District requirements.

(b) Soil erosion notes and details.

(14) Environmental impact statement (EIS). The EIS is defined as a standalone document that contains a comprehensive evaluation of environmental conditions and impacts prepared by a recognized environmental professional in accordance with § 145-57.1 of this chapter. The EIS must be technically complete for the subdivision application to be considered complete and shall include the following:

(a) Environmental impact assessment. The EIS shall contain a complete project description; inventory of existing environmental conditions; an assessment of project impacts; review of applicable environmental policies and regulations; and a complete discussion of project alternatives and mitigative measures to eliminate/reduce impacts.

(b) Environmental site assessment. A Phase I ESA (preliminary assessment report) and, if warranted, Phase II sampling of recognized environmental conditions in accordance with ASTM and NJDEP guidance; former agricultural lands must be analyzed for residual pesticides in the surficial soils accordance with NJDEP recommendations.[2]

[2] Editor’s Note: Former Subsection B(14)(c), Nitrate dilution modeling, which immediately followed this subsection, was repealed 6-11-2013 by Ord. No. 13-04, which ordinance also provided for the redesignation of former Subsection B(14)(d) as Subsection B(14)(c).

(c) Natural heritage database search results and site specific analysis of the potential presence of any species listed in that search.

(15) Stormwater management report. The stormwater management report shall contain a complete discussion of the design basis of proposed stormwater management facilities and the proposed means of maintaining the system. The specific elements of the report shall include:

(a) Stormwater management narrative describing stormwater management facility design and operation and including low-impact checklist.

(b) Drainage calculations of pre- and postdevelopment conditions, including predeveloped and postdeveloped drainage area plan showing drainage area to each inlet or cross drain and the weighted runoff coefficient for each area used in the computations.

(c) Stormwater management plan showing all structural and nonstructural measures that will be used to control the quantity and quality of the stormwater discharge from the project site.

(d) Stormwater management maintenance plan (SMMP) prepared in accordance with NJDEP guidance and Pilesgrove Township Stormwater Management Plan.

(16) Architectural plans. The subdivision application shall be accompanied by preliminary architectural drawings of the proposed structures prepared by a licensed architect showing the typical building elevations of the proposed dwellings or structures.

(17) Preliminary greenway ownership and management plan. The boundaries, acreage and proposed ownership of all proposed greenway areas shall be shown on the preliminary greenway ownership and management plan. In addition, the applicant shall also submit a preliminary greenway ownership and management plan detailing the entities responsible for maintaining various elements of the property and describing management objectives and techniques for each part of the property. Such management plans shall be consistent with the requirements of § 145-42.1.

C. Environmental impact statement.

(1) General provisions. The impact on the environment generated by land development necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending upon the size of the development, the nature of the site, the location of the development and the information already in the possession of the Township. Therefore, having determined that some flexibility is needed in preparing the environmental impact statement, the requirements for such a document pertaining to different types of development applications are listed below:

(a) All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silviculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the environmental impact statement requirements.

(b) Any variance applications to the Planning Board not involving a site plan or subdivision application shall not require an environmental impact statement unless the information contained therein is deemed essential by the Board in order to make an informed decision regarding the submitted application. The Planning Board shall inform the applicant regarding any information that may be required.

(c) Any application for minor site plan or minor subdivision approval to the Planning Board, as the case may be, shall not require an environmental impact statement unless the information contained therein is deemed essential by the Board in order to make an informed decision regarding the submitted application. The Planning Board shall inform the applicant regarding any information that may be required.

(d) All minor subdivisions, preliminary major subdivision and/or preliminary major site plan applications shall be accompanied by an environmental impact statement.

(2) Submission format. When an environmental impact statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts also shall be considered. Furthermore, as much original research as necessary shall be conducted to develop the environmental impact statement. All environmental impact statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:

(a) Project description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the particular suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:

[1] Township Master Plan.

[2] Master Plan of adjacent municipalities.

[3] Salem County Master Plan.

[4] State Development and Redevelopment Plan.

[5] Other pertinent planning documents.

(b) Site description and inventory. Provide a description of the environmental conditions on the site, including the following items:

[1] Types of soils: list and describe each soil type on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations relative to the type of use proposed, a complete mapping of all soil types where the moderate and severe limitations exist shall be provided.

[2] Topography: describe the topographic conditions on the site.

[3] Geology: describe the geologic formations and features associated with the site as well as depth to bedrock conditions; delineate those areas where bedrock is within two feet of the surface as well as major rock outcroppings.

[4] Vegetation: describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings, such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated.

[5] Wildlife: identify and describe any unique habitats of endangered or protected species.

[6] Subsurface water: describe the subsurface water conditions on the site both in terms of depth to groundwater and water supply capabilities. The location, depth, capacity and water quality of all existing water wells on the site and within 500 feet of the site shall be indicated.

[7] Distinctive scenic and/or historic features: describe and map those portions of the site that can be considered to have distinctive scenic and/or historic qualities.

[8] Existing development features: describe any existing features on the site that are not considered to be part of the natural environment, including but not necessarily limited to roads, driveway accesses, housing units, accessory structures, utility lines, etc.

[9] Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey State Department of Environmental Protection.

(c) Impact: discuss both the negative and positive impacts during and after construction; indicate those negative impacts that are unavoidable. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where possible and necessary:

[1] Soil erosion and sedimentation resulting from surface runoff.

[2] Flooding and floodplain disruption.

[3] Degradation of surface water quality.

[4] Groundwater pollution.

[5] Reduction of groundwater capabilities.

[6] Sewage disposal.

[7] Solid waste disposal.

[8] Vegetation destruction.

[9] Disruption of wildlife habitats of endangered and protected species.

[10] Destruction or degradation of scenic and historic features.

[11] Air quality degradation.

[12] Noise levels.

[13] Energy utilization.

[14] Agricultural enterprises if within the agricultural development area as identified by the Salem County Agriculture Development Board and/or the State Agriculture Development Committee.

(d) Environmental performance controls. Describe what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts that could result from the proposed project. Of specific interest are:

[1] Drainage plans which shall include soil erosion and sedimentation controls.

[2] Sewage disposal techniques.

[3] Water supply and water conservation proposals.

[4] Energy conservation measures.

[5] Noise reduction techniques.

(e) Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Township, as well as agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.

(f) Documentation. All publications, file reports, manuscripts or other written sources of information which were first consulted and employed in compilation of the environmental impact statement shall be listed. A list of all agencies and individuals from whom all pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.

(3) Disposition by the Board. The Board shall review the information furnished in the environmental impact statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help ensure that the proposed development will cause no reasonably avoidable damage to any environmental resource.

D. Details required for conservation design process. All applicants seeking to exercise a cluster or conservation design development option that is permitted in the zoning district where the land development is to take place shall adhere to the following conservation design process.

[Added 10-13-2009 by Ord. No. 09-09[3]]

(1) Step 1: delineation of greenway lands.

(a) The minimum percentage and acreage of required greenway lands shall be calculated by the applicant and submitted as part of the sketch plan or preliminary plan in accordance with the provisions of this chapter. Conservation design open space (greenway) lands shall include all primary conservation areas and those parts of the remaining buildable lands with the highest resource significance as determined by the Planning Board.

(b) Proposed conservation design open space (greenways) shall be designated using the existing conditions plan as a base map and shall comply with § 145-28.3.

(c) In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed greenway, in consultation with the Planning Board and in accordance with § 145-28.3.

(d) On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resources areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated to meet at least the minimum area percentage requirements for conservation design open space (greenways) and in a manner clearly indicating their boundaries as well as the types of resources included within them.

(2) Step 2: location of proposed residential dwellings. The subdivision plan shall identify the proposed residential dwelling locations based on the proposed conservation design open space (greenways) delineation as well as other relevant data on the existing conditions plan, such as topography and soils. The proposed residential dwelling locations should generally be located no closer than 100 feet from primary conservation areas and 50 feet from Secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.

(3) Step 3: location of infrastructure: streets, trails, stormwater management and sewage facilities. After the house sites have been identified, a street plan shall be developed to provide vehicular access to each house, complying with the standards herein and bearing a logical relationship to topographic conditions. The impact of the street plan on proposed greenway lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15%. Street connections shall generally be encouraged to minimize the number of new culs-de-sac to be maintained by the municipality and to facilitate access to and from homes in different parts of the tract (and adjoining parcels). The preferred locations for stormwater and wastewater management facilities shall be identified using the existing conditions plan and proposed greenway lands as the base maps. Opportunities to use these facilities as an additional buffer between the proposed greenway lands and development areas are encouraged. These facilities should generally be designed to improve the quality of stormwater runoff and wastewater effluent with emphasis placed on achieving maximum groundwater recharge. The facilities should be located in areas identified as groundwater recharge areas as indicated on the existing conditions plan. The design of the facilities should strive to use the natural capacity and features of the site to facilitate the management of stormwater and wastewater generated by the development.

(4) Step 4: drawing in the lot lines. Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots. The lot lines shall be drawn to conform to the zoning district requirements for the conservation development option and to sound planning principles.

(5) Applicants shall submit four separate sketch maps indicating the findings of each step of the design process, if so requested by the Planning Board.

[3] Editor's Note: Pursuant to this ordinance, Former Subsections D and E were redesignated to Subsections E and F, respectively.

E. Action by the Township on preliminary major subdivision plats and preliminary major site plans.

(1) The Planning Board, with the assistance of the Board Engineer and Board Attorney, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

(a) If said application is found to contain all of the information required by Subsection B of this section, the Board shall certify that said application is complete and direct the application to the Planning Board.

(b) If said application is found to lack some of the information required by Subsection B of this section, the Board shall either:

[1] Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

[2] If waivers of checklist items have been specifically requested by the applicant in the application for development, the Planning Board shall act on the request for waivers within 45 days of application submission. If the Board reasonably concludes that the missing items of information are not necessary to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items. If the waivers are granted, the application is complete as long as all other requirements for submission have been satisfied. If the waivers are denied, the application is incomplete until missing information is submitted. At that time, the application is complete if all other requirements for submission have been satisfied.

(c) An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection B, and said request shall be the subject of a resubmitted application treated as a new submission, which shall be acted upon in accordance with Subsections E(1)(a) or (b) hereinabove.

(d) In the event that the Board fails to act pursuant to Subsections E(1)(a) or (b) hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

(2) On the date the aforesaid application is certified complete, or on the 46th day following the submission of the application in the event that the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter and/or may require revisions in the application documents, all as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met; provided, however, that the application shall not be deemed incomplete for lack of any such additional information or revisions.

(3) Distribution of documents.

(a) Promptly after certification of completeness, the application documents shall be distributed by the administrative officer to the following:

[1] The Planning Board (11 copies each of the preliminary plat or plan, the application, the environmental impact statement and any protective covenants, easements and/or deed restrictions);

[2] Board Planner (one copy each of the preliminary plat or plan, the application, the environmental impact statement and any protective covenants, easements and/or deed restrictions);

[3] Board Engineer (one copy each of the preliminary plat or plan, the application, the environmental impact statement and any protective covenants, easements and/or deed restrictions);

[4] Zoning Officer (one copy of the preliminary plat or plan);

[5] Board Attorney (one copy each of the preliminary plat or plan, the application, the environmental impact statement and any protective covenants, easements and/or deed restrictions);

(b) At the direction of the Planning Board, additional copies of the preliminary plat or plan and/or other items of submitted information shall be sent to other Township, county or state agencies and/or to other professional consultants as may be designated by the Board; and

(c) It shall be the applicant's responsibility, unless specifically provided otherwise in this chapter, to submit the required application to any agency (including but not limited to the Salem County Planning Board, the Salem County Board of Health, the Salem County Soil Conservation District and the New Jersey State Department of Environmental Protection and Energy) having jurisdiction over any aspect of the proposed development.

(4) The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 145-54A(2) of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

(5) The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 145-54A(2) of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

(6) The Planning Board shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction in the time frame(s) as prescribed in Subsection F(4) and (5), unless said application is being considered simultaneously with an application for a use variance in accordance with N.J.S.A. 40:55D-70d, in which case the Board shall act upon all aspects of the application within 120 days after the application has been certified complete by the Planning Board or administrative officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

(7) The professional staff of the Board and any designated Development Review Committee shall read any written reports submitted concerning the application and shall review the submission to ascertain its conformity with the requirements of this chapter. The professional staff of the Board and any designated Development Review Committee shall offer its recommendations to the Planning Board.

(8) Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to remove any adverse effect(s) prior to further review or approval by the Board; or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

(9) All hearings held on applications for preliminary major subdivision and/or preliminary major site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing. (See § 145-51D.)

(10) For any application that is heard by the Planning Board and is continued for additional studies, reports, plans or revisions to previously submitted material, the new or revised material must be submitted to the Township at least 10 days prior to the hearing at which the new material is to be considered by the Board.

(11) In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:

(a) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Articles IV and VI of this chapter, as the case may be, pursuant to N.J.S.A. 40:55D-65c.

(b) That the proposals for maintenance and conservation of the common space are reliable and the amount, location and purpose of the common open space are adequate.

(c) That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate;

(d) That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established; and

(e) In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(12) If the Board acts favorably on the preliminary plat or plan, the Board Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.

(13) Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Revised plans will then be reviewed by the Board to verify conformity with the Resolution of Approval within 30 days after receipt of the revised submission. Five copies of the revised, verified plan shall then be signed by the Board Engineer. Two copies will be sent to the Township, and one copy will be returned to the applicant. After the final development plans have been approved by the Board Engineer, seven complete sets should be submitted to the Township. The plans will be stamped approved and distributed to staff with one set returned to the applicant.

(14) Any substantial plan revision required by an outside reviewing agency, including the County Planning Board, after final action by the Planning Board will require a new substantive review. Whenever a development application which has been the subject of a public hearing has been substantially amended, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.

(15) If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 145-51F of this chapter, setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.

F. Effect of preliminary approval of major subdivision plats and major site plans.

(1) Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:

(a) That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval, except that nothing therein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

(b) That 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 or plan; and

(c) That the applicant may apply for and the Board 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.

(2) In the case of a subdivision or of a site plan for an area 50 acres or more, the Board may grant the rights referred to in Subsection F(1) hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable, taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under preliminary approval;

(b) Economic conditions; and

(c) The comprehensiveness of the development.

(3) The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under preliminary approval;

(b) The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;

(c) Economic conditions;

(d) The comprehensiveness of the development; and

(e) Provided that if the design standards have been revised by ordinance, such revised standards may govern.

(4) Whenever the Board grants an extension of preliminary approval pursuant to Subsections F(1)(c) or F(2) hereinabove 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.

(5) The 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 approvals. A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to Subsections F(1)(c) or F(2) hereinabove.

§ 145-57.1 Environmental impact statements.

[Added 7-12-2005 by Ord. No. 05-09]

A. Intent. The intent of the environmental impact statement (EIS) requirement is to provide a comprehensive analysis of the impact of major development projects on the Township's physical and social environment and to ensure that any adverse impacts are mitigated to the maximum extent possible.

B. Submission requirements. An environmental impact statement shall be submitted for all major subdivision and major site plan applications. The EIS must be submitted with the application for preliminary approval for the application to be deemed complete. The EIS must substantially comply with the requirements of this section for the application to be deemed complete. Incomplete or perfunctory statements will not be accepted. Any substantive EIS deficiencies will be sufficient grounds for the development application to be deemed incomplete.

C. EIS waiver. The Planning Board may, at the request of the applicant, waive the requirement for an environmental impact statement if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project. Any EIS waiver requests shall be considered submission waivers and shall be granted or denied within 45 days of the request.

[Amended 7-10-2007 by Ord. No. 07-10]

D. Preparation. The environmental impact statement should be prepared using an interdisciplinary approach by a recognized environmental professional. The qualifications of the person(s) who prepared each of the various elements of the statement shall be identified in a separate section of the EIS. References shall be cited throughout the statement, as appropriate, and listed fully using a consistent standard format. A New Jersey licensed professional engineer or planner who is responsible for the overall EIS content shall provide testimony regarding the project impacts at the public hearing and shall sign the document.

E. Format. The environmental impact statement shall be bound or in a loose-leaf binder and submitted on eight-and-one-half-inch by eleven-inch paper. Each major section of the statement shall be clearly identified and shall begin on a separate page. All maps, plans and aerial photographs included in the statement shall specify a North point, graphic scale, date of preparation, source of information and, where appropriate, boundary lines. Maps, plans and aerial photographs submitted in each major section of the statement shall be at appropriate scales to facilitate comparative analyses and assessments of environmental impacts. The EIS is to be a standalone document, including all maps, calculations and reports that support its determinations. References to other documents or drawings are not acceptable.

F. Content. The EIS shall contain the following elements, as specified below:

(1) Cover page. The cover page shall indicate the name or title of application; the name of the proposed facility; the location within the Township; the name, address and telephone number of the person who prepared the EIS; and the date of preparation.

(2) Summary. A one-page executive summary shall be placed at the beginning of the EIS and shall contain a brief description of the proposed facility; a summary of major beneficial and adverse environmental impacts; a summary of alternatives considered; and the regulatory approvals required for the proposed facility.

(3) Table of contents. The EIS shall contain a table of contents indicating the page numbers of the major sections and subsections.

(4) EIS worksheet and Joint Environmental Commission (JEC) coordination. The EIS shall contain proof that it has been transmitted to the JEC for review. The EIS summary worksheet form (§ 145-69) should be completed and submitted with the EIS.

[Amended 12-13-2011 by Ord. No. 11-09]

(5) Environmental inventory. The applicant shall succinctly describe the existing environmental conditions of the site and surrounding region in sufficient detail to assist in the location and design of the facility, provide a basis for the applicant's assessment of the probable beneficial and adverse impacts of the proposed facility and enable the Township to make the findings for permit approval. The environmental inventory shall fully comply with Subsection G of this section.

(6) Project description. The applicant shall succinctly describe the proposed project both during construction and operation of the facility. The project description shall include written text and graphic materials, including a site plan which may contain much of the project description information. General project description requirements for each facility type as required herein.

(7) Unavoidable adverse environmental impact. The applicant shall describe probable adverse environmental impacts of the facility that cannot be avoided, including irretrievable commitments of resources, which shall be listed in the order of their relative magnitude. The negative and positive impacts of the project both during and after construction shall be addressed. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where possible and necessary:

(a) Soil erosion and sediment control;

(b) Flooding and floodplain disruption;

(c) Degradation of surface water quality; total suspended solids (TSS) control;

(d) Groundwater pollution;

(e) Reduction of groundwater capabilities;

(f) Sewage disposal;

(g) Solid waste disposal;

(h) Vegetation disruption;

(i) Disruption of wildlife habitats of rare, threatened, or endangered species;

(j) Destruction or degradation of scenic and historic features;

(k) Air quality degradation;

(l) Noise levels;

(m) Energy utilization;

(n) Impact on, or the loss of, agricultural enterprises if the development is located within the municipal or county agricultural development area.

(8) Mitigation. The applicant shall describe the steps that will be taken to minimize or avoid adverse environmental impacts during the facility's construction, operation or removal, both at the site and in the surrounding region. The applicant's program for ascertaining and verifying the accuracy of the environmental assessment of the facility and the actual effects of project construction shall also be described. In particular, the mitigative measures employed may include, but not be limited to, soil erosion and sediment control measures, sewage disposal techniques, water and energy conservation measures, landscaped buffers, and stormwater control measures.

[Amended 7-10-2007 by Ord. No. 07-10]

(9) Alternatives. The applicant shall identify, describe and analyze alternatives to all or any part of the proposed facility, including the alternatives of no action, alternative sites, alternative uses of the site, and postponing construction. The discussion of alternatives shall include an evaluation of methods of avoiding or minimizing some or all of the probable adverse environmental impacts of the project. The costs and benefits of the alternatives shall be analyzed and presented. Reasons for the acceptability or nonacceptability of each alternative shall be given.

[Amended 7-10-2007 by Ord. No. 07-10]

(10) Required licenses, permits and approvals. The applicant shall list all known licenses, permits and other approvals required by Township, county, state or federal law for the construction and operation of the proposed facility. The status of each approval shall be identified.

[Amended 7-10-2007 by Ord. No. 07-10]

(11) Documentation. The applicant shall prepare a reference list using a consistent standard format of all published materials, reports, manuscripts or other written sources of information on the facility, its site and surrounding region consulted and employed in the preparation of the environmental impact statement. A separate reference list of all government agencies and individuals that either provided information orally and by letter or coordinated the EIS shall be prepared, with the dates and locations of all meeting specified. The documentation section shall also indicate the person(s) that prepared each major section and subsection of the EIS, including their qualifications.

G. Environmental inventory. The EIS shall contain a comprehensive inventory of site environmental conditions as detailed below.

[Amended 7-10-2007 by Ord. No. 07-10]

(1) General site location map. The site of the proposed facility shall be located generally on a United States Geological Survey Map of the Township.

(2) Site location map. A site location map shall be provided consistent with the standards established for site plan submission.

(3) Site constraints map. A site constraints map shall be submitted indicating all of the existing site conditions that may limit, hinder, or prevent development, such as woodlands, floodplains, delineated wetlands, wetland buffers, surface water bodies and steep slopes. Any substantive site constraints shall be shown on the site constraints map.

(4) Existing regional conditions. The existing and proposed supply of, and estimated need for, the proposed facility or land development shall be described for the relevant surrounding region.

(5) Geology. A map and text shall describe the underlying geology and its impact on site development.

(6) Topography. Existing slope analysis with slopes of zero to 1%, 2% to 4%, 5% to 9%, 10% to 14%, and 15% or more delineated.

(7) Soils. A map and text shall identify and describe the site soil characteristics, including but not limited to:

(a) Soil types, as classified and mapped by the Salem County Soil Survey prepared by the Soil Conservation Service of the United States Department of Agriculture.

(b) A soil data chart with descriptions of each soil type identified within the site, including drainage classification, permeability, seasonal high-water table, foundation limitations, agricultural capability, erosion potential, septic tank suitability (if appropriate), trafficability (dust hazard), and the degree of acidity and alkalinity of the soil.

(c) Engineering soil classification, as mapped by SCS-USDA. An engineering design characteristics chart indicating the limitations of soils for road cuts and fills, embankments, and pavement support characteristics.

(8) Fill conditions. The location, nature and thickness of any areas containing landfill materials on and within 100 feet of the site, a description of the landfill materials, and the appropriate beginning and cessation dates of landfill activities. Any areas of historic fill shall be defined and characterized.

(9) Resource potential. Potentially valuable mineral, gravel or other subsurface resources of the site shall be identified.

(10) Hydrology. A topographic map of the site and its surroundings to a distance of 100 feet, with contour intervals consistent with those required for subdivision/site plan submissions and accompanied by appropriate text, shall identify and describe the following items:

(a) Surface water.

[1] Existing natural and man-made watercourses, including drainageways, swales and water control structures, on and within 100 feet of the site, with their location, width, slope, capacity and direction of flow.

[2] Flood hazard or flood-prone areas with cross section of watercourses at an appropriate scale and at appropriate intervals along the watercourse, showing extent of floodplain, top-of-bank, normal water level and bottom elevation.

[3] Existing lakes or ponds within or adjacent to the site, with location, extent and water level elevation.

[4] Existing storm drainage systems, including storm sewers, drainage ditches and retention or detention basins, on or adjacent to the site, with location, extent, capacity and direction of flow.

[5] Existing stormwater runoff from the project site and upstream watershed areas and calculations used to determine same.

(b) Groundwater.

[1] Aquifer recharge areas.

[2] Apparent direction of groundwater flow based upon surficial topography monitoring or potable water well data if available.

[3] Yields of existing wells within 1/2 mile of the site, including description of aquifer(s) being utilized.

(11) Vegetation. A map and text shall identify and describe the vegetation of the site, including but not limited to the following items:

(a) The vegetation types present, indicating the major species by scientific and common name. Where applicable, both overstory and understory species should be included.

(b) The acreage and percent of total area represented by each type.

(c) Data for forest types shall include average diameter breast high (dbh), diameter range and basal area for the overstory trees.

(d) Species or specimen trees unique because of scarcity, size, historic significance or endangered classification shall be indicated.

(e) Wetlands as determined through actual field delineation should be described. A wetlands delineation report prepared by a qualified individual per the requirements of the New Jersey Freshwater Wetlands Protection Act shall be included as an appendix to the environmental impact statement. Alternatively, a statement from a qualified individual as to the absence of wetlands, if applicable, should be provided. A copy of the letter of interpretation (LOI) from the NJDEP verifying the wetlands delineation shall be provided.

(12) Wildlife. A map and text shall identify and describe the wildlife of the site (indicated by their common and scientific names), including but not limited to the following items:

(a) The species of wildlife (mammals, birds, reptiles, amphibians or aquatic organisms) present or which could be affected by the proposed project and the amount and quality of their associated habitat.

(b) Any areas within the proposed site which are critical to the life cycle of any species of wildlife should be discussed.

(c) Those species of wildlife classified as threatened or endangered by the appropriate state or federal agencies.

(d) The results of a natural heritage database search. An on-site survey shall be conducted for any species identified in proximity to the site to confirm the absence or presence of the species. The applicant shall also address the suitability of the site for any species identified by the Natural Heritage Database for Salem County or listed in the JEC Environmental Resource Inventory.

(13) Water quality.

(a) Surface waters. A water quality inventory of such water bodies directly affected by the proposed facility shall be prepared utilizing existing authoritative sources of information. The classifications of such affected water bodies, their water quality standards, and their status in meeting the established water quality standards shall be described. Existing restrictive uses of these water bodies shall be identified. The need to present additional site specific data shall be based upon the relative sensitivity of the water body affected.

(b) Groundwater. Where groundwater is to be utilized for potable water supplies, the water quality inventory shall include those parameters established for prevailing drinking water standards and any water quality standards established for groundwater.

(14) Water supply. The existing and proposed potable water supply system available to the site shall be identified and described in maps and text, indicating the source of supply, the adequacy of supply, pressure and volume of water available, and the anticipated maximum water demands of the project. All proposed water conservation measures shall be described.

(15) Sewerage system.

(a) The existing and proposed sewerage system available to the site shall be identified and described in maps and text, indicating the availability and adequacy of existing facilities as demonstrated by a letter from the Woodstown Sewerage Authority. If the applicant is proposing an on-site sewage disposal system generating in excess of 2,000 gallons per day, conformance with a Township wastewater management plan must be provided. The applicant shall describe the projected wastewater flow rate and any wastewater allocation commitments from the Sewerage Authority. Any proposed pretreatment or treatment facilities shall be described in terms of process design, capacity, average and peak flows, water quality standards and effluent limitations.

(b) Where individual septic tanks are proposed, the EIS shall indicate:

[1] Location of registered or licensed water supplies within 500 feet of the project.

[2] Field data describing results of soil borings, percolation test and seasonally high groundwater table conditions, with specific locations of (including the dates of these tests). Soil borings shall be classified by the United Soil Classification System.[1]

[1] Editor’s Note: Former Subsection G(15)(b)[3], concerning results of the Recharge Based Nitrate Dilution Model, which immediately followed this subsection, was repealed 6-11-2013 by Ord. No. 13-04.

(16) Air quality. The existing air quality of the site and its surrounding region shall be evaluated and described, using monitoring data collected by and available from the New Jersey Department of Environmental Protection. The applicant may also monitor the existing air quality, or estimate air quality utilizing other sources of information.

(17) Energy. The energy supplies available for delivery to the site shall be estimated, with types of energy, points of origin and means of transmission and delivery described and located. The percent of existing supply presently utilized shall be identified and, if applicable, differences is seasonal demands shall be indicated. All proposed energy conservation methods shall be described.

(18) Public services. Existing public and private services relevant to the proposed facility and available at the site and its surrounding region shall be described and located. Such services shall include, but not be limited to police and fire protection, first aid and ambulance services, health services, solid waste and garbage services, public and private educational facilities and commercial facilities.

(19) Outdoor recreation. A map and accompanying text shall identify the site and locate and describe the types and quantities, physical accessibility and availability for public use of recreation facilities and services within one mile of the site, including but not limited to the following: waterways, wetlands, marinas, boat docks and launching platforms, playgrounds, parks, forests, natural areas, tennis courts, swimming pools, bikeways, etc. The extent of existing used and of unused capacity of these facilities shall also be indicated. The proposed on-site or off-site recreational facilities that will be developed by the applicant shall be described.

(20) Transportation. The existing and known proposed transportation system available to the site and its surrounding region shall be described and located on a map at an appropriate scale. The highway and road network, other forms of public and private, individual and mass transportation, frequencies, volumes, peak periods and routes shall be identified. The relationship between places of employment and residential areas in the region shall be discussed.

(21) Historic and cultural resources. The social, economic and community history of the site and its relevant surrounding region shall be described. Areas and sites of archaeological, architectural, anthropological and historic significance, including those proposed for nomination or included in the National State Register of Historic Places, shall be identified, described and located on a map. An awareness of both aboveground and below ground cultural resources, if any, should be reflected in this section, which should include a synopsis of the effort and method that is the basis for this awareness.

(22) Aesthetics. The existing visual character and scenic attributes of the built and natural environment of the site and its relevant surrounding region, including common and significant views and vistas to and from the site, shall be described and depicted graphically, as appropriate.

(23) Demographic, social and economic conditions. A general demographic profile of the municipality and county in which the proposed facility is located shall be prepared, including data on the age, family income and occupation distribution of the population, as well as recent demographic trends. The relevant general social and economic problems and opportunities of the site and its relevant surrounding region, including housing considerations, municipal and county government revenues and expenditures, employment and property values and the relevant legitimate economic aspirations of the inhabitants of the area shall be discussed.

(24) Hazardous materials. Any known or suspected deposits of man-made regulated hazardous materials, including hazardous wastes, such as contaminated soil, aboveground or below ground oil storage tanks or abandoned chemical storage facilities, shall be described. The applicant shall specify whether such deposits are to be removed from the site in compliance with applicable Department of Environmental Protection rules and regulations. A Phase I ESA prepared in accordance with ASTM and NJDEP technical guidance shall be submitted. Any site investigations recommended by the Phase I analysis shall be undertaken and described in the EIS including soil sampling on former agricultural lands in accordance with the NJDEP Task Force Recommendations for historic residual pesticide contamination.

H. Agricultural impact assessment. The environmental impact statement for any project that will result in the conversion of agricultural lands to nonagricultural purposes must address that project's impact on all agricultural lands and enterprises located within 500 feet of the subject property in accordance with this section. The agricultural impact assessment (AIA) shall conform to the following requirements:

[Added 10-11-2005 by Ord. No. 05-14[2]]

(1) Scope of impact assessment. All projects located within the AR Districts, or within 500 feet of the limits of the AR Zoning Districts' limits, must prepare a comprehensive agricultural impact analysis since, by definition, major land development is secondary to agricultural activities within all AR Zoning Districts. If the project is a proposed residential development within the VN, SR, or RR Zoning Districts, or a proposed commercial development project within the NC or HC Zoning Districts, and is not located within 500 feet of the AR Zoning District, and conforms to the intent and purpose of the Master Plan, the AIA may address the agricultural impacts in a concise manner.

(2) Context. The AIA must indicate whether the project is within or within 500 feet of any county or Township agricultural development areas (ADAs) and must address the impact of land conversion on all applicable farmland preservation plans. The applicant must specifically address whether any lands located within 500 feet of the subject property are within the eight-year or permanent farmland preservation programs or have applied for inclusion within either program.

(3) Soil resources. The applicant must address the presence of soils of prime and statewide importance on the subject property as defined by the Natural Resource Conservation Service (NRCS). These soils are considered a limited resource in the State of New Jersey. The applicant must also address the relative importance of these soils, the significance of their permanent conversion to nonagricultural use, and the extent to which such conversion will impact the Township's farmland preservation objectives.

(4) ADA impact. If the parcel is located within the Township ADA, the applicant must address the nature, extent, and significance of the impact of the proposed conversion to nonagricultural purposes on the Township's planning incentive grant ("PIG grant") program. In particular, the applicant must address the project's impact on the Township's objective to establish permanent contiguous agricultural districts unobstructed by residential activities where farming is most efficient.

(5) Adjacent lands. The Agricultural Impact Assessment must include a specific discussion of the nature of agricultural enterprises located within 500 feet of the subject property by describing all farming activities that are involved in such enterprises and the potential impact of residential uses on those activities. These impacts may include, but are not be limited to, potential for pilfering of products, physical land or crop destruction by children and domestic pets, presence of windblown litter, and limitations on farm access or agricultural practices, despite "right-to-farm" and other applicable laws. The applicant must also address whether the project is likely to trigger further agricultural land conversion, and the nature and extent of the project's short- and long-term subjective impact on the Township's rural landscape.

(6) Mitigation. The applicant must address the extent to which the project will mitigate the agricultural impacts. Mitigation may take several forms including, but not limited to, the following:

(a) Clustering of units as may be permitted by ordinance and permanent preservation of lands of sufficient size and location to be economically viable as farms;

(b) Establishment of suitable agricultural buffers by applying the agricultural buffer requirements of this chapter and other appropriate methods such as but not limited to berms, fences, landscaping, and preservation of existing vegetation.

(7) Unavoidable impacts. All agricultural impacts that cannot be mitigated must be identified. Applicants must present sufficient data and analysis to confirm that, on balance, the detriments of these unavoidable impacts are substantially outweighed by the project's benefits.

[2] Editor's Note: This ordinance also redesignated former Subsections H and I as Subsections I and J, respectively.

I. EIS Review. Upon receipt of the application, the administrative officer shall forward the environmental impact statement to the Board Engineer and the Board Planner for review.

[Amended 12-13-2011 by Ord. No. 11-09]

J. EIS approval or disapproval. Upon completion of all review and public hearing(s), the Planning Board shall either approve or disapprove of the environmental impact statement as a part of its decision to grant or deny preliminary subdivision or site plan approval. In reaching a decision, the municipal agency shall take into consideration the effect of the applicant's proposed development upon all aspects of the environment as outlined above as well as the sufficiency of the applicant's proposals for dealing with any immediate or projected adverse environmental effects.

§ 145-58 Submission of final major subdivision plats and final major site plans.

A. Procedure for submitting final major subdivision plats and final major site plans. A final plat or final plan shall be submitted to the administrative officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the administrative officer: 18 copies of the final major subdivision plat or final major site plan; 18 copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and a fee in accordance with Article IX of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans and agrees to be bound by it.

B. Details required for final major subdivision plats and final major site plans. The following information shall be submitted:

(1) All details stipulated in § 145-56B of this chapter.

(2) All additional details required at the time of preliminary approval, including a copy of the signed preliminary plat or plan in conformance with the resolution of approval.

(3) A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons, such as parking spaces, building coverage, lot coverage, open space areas and number of lots.

(4) Detailed architectural and engineering data, including:

(a) An architect's design drawing of each building and sign or a typical building and sign showing front, side and rear elevations.

(b) Cross sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, including center line geometry and horizontal alignments with bearings, radii and tangents.

(c) Plans and profiles of all storm and sanitary sewers and water mains.

(d) All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 5,000 and the dimensions of all lot lines to within one to 10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart, and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the United States Geodetic Survey System, with the data on the plat as to how the bearings were determined.

(5) Evidence that a duplicate copy(ies) of the application for development has been filed with any other agency having jurisdiction over any aspect of the proposed development.

(6) The final submission shall be accompanied by the following documents:

(a) Certification from the Township Tax Collector that all taxes and assessments are paid to date.

(b) Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, sewer utility and of any other company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating that the applicant paid the required fees for the utility connections and service or installed all utility improvements in accordance with the requirements of this chapter so that service will be available prior to occupancy. The designing engineers shall certify to the Board that the existing cross section(s) and profile(s) have been run in the field, and the field notes shall be forwarded to the Board Engineer.

(c) The applicant shall certify, in writing, to the Board that he has:

[1] Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval; and/or

[2] Posted a performance guaranty in accordance with § 145-61 of this chapter.

(d) A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 145-61 of this chapter and as-built drawings have been submitted by the applicant for the installed improvements, and that such improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty.

(e) Concerning major subdivisions only, a sales map in the following format and containing the information noted below. The developer of the subject major subdivision shall provide all contract purchasers with a copy of the sales map and other materials specified below at the time of contract and maintain a record of the contract purchasers' receipt of the sales map for the Township's reasonable inspection.

[Amended 6-12-2007 by Ord. No. 07-08]

[1] The sales map shall be drawn at a scale of not more than 100 feet to the inch;

[2] The sales map shall identify the location of all on-site flood hazard areas, streams, ponds, wetlands, steep slopes and stormwater facilities and, to the extent available from preexisting public records, such features within 200 feet of the development;

[3] The sales map shall show the zoning district classification of all property within the development and within 2,000 feet of the development, both within and outside of the Township, including a brief description of the permitted uses in each zoning district;

[4] The sales map shall show, by an insert, the development plan for the subject property and all land contiguous thereto for a distance of 2,000 feet from the perimeter of the development, including lands outside of the Township, with the following information indicated thereon:

[a] The location of all streets, with those streets to be connected to the proposed development clearly highlighted;

[b] The location of all state, county and Township roads, both in existence and/or proposed by any governmental agency having jurisdiction to establish such roads;

[c] The location of all railroads, power transmission lines and easements, pipelines, rights-of-way for public utilities and any existing utilities;

[d] The complete right-to-farm provisions contained in § 145-40G of this chapter shall be prominently shown on the sales map sheet, and the developer shall agree to include the aforesaid right to farm provisions in each agreement of sale with the contract purchaser of any of the subject lots.

[e] The location of all required setback and buffer areas, common open space areas, landscaping easements, and conservation easements, and an indication to whom the open space and easements are to be dedicated.

[f] If the proposed development is to be governed by a homeowners' association, an indication of the areas to be owned and maintained by the homeowners' association, a comprehensive discussion of the homeowners' association's obligations and responsibilities, a discussion of any private maintenance restrictions on each residential lot, and an estimate of the monthly fees. Complete copies of the recorded declaration of covenants, certificate of incorporation, and bylaws must also be provided to all contract purchasers simultaneously with the sales map.

[g] A representation of the site's environmental quality based on the approved environmental impact statement.

[h] A description of public services available in the community.

[i] If the Township Development Fee Ordinance[1] is applicable to the proposed development and building lots may be sold by the developer to a third party for future development of a residential unit, the sales map shall clearly disclose to the purchaser of the parcel of their acceptance of the responsibility to pay 1/2 of the development fee at the time of the issuance of the building permit and 1/2 of the fee at the time of the issuance of a certificate of occupancy for the future residential unit.

[1] Editor's Note: See Ch. 93, Development Fees.

[j] An indication of any other conditions of approval about which residents should be informed.

[5] The sales map shall show what homes, if any, shall be designated as sample homes, for which certificate of occupancies are not immediately being requested, whether or not a construction trailer for sales will be located on the site, the location thereof, any commercial signage designating the site, temporary parking near or about the sales model, sales trailer, etc. The applicant shall set forth the maximum proposed time each condition shall exist and method to assure the maintenance and removal of each item.

(7) Final greenway ownership and management plan. This plan shall indicate the precise boundaries, exact acreage, and proposed ownership of all proposed greenway areas. A narrative report shall also be prepared indicating how and by whom such greenway areas will be managed and demonstrating compliance with § 145.42.1.

[Added 10-13-2009 by Ord. No. 09-09]

(8) Community association document. A community association document, also known as a homeowners' association document or a condominium association document, shall be provided for all subdivision and land development applications which propose lands or facilities to be used or owned in common by all the residents of that subdivision or land development and not deeded to the municipality. The elements of the community association document shall include but shall not necessarily be limited to the following:

[Added 10-13-2009 by Ord. No. 09-09]

(a) A description of all lands and facilities to be owned by the community association. This description shall include a map of the proposal highlighting the precise location of those lands and facilities.

(b) Statements setting forth the powers, duties, and responsibilities of the community association, including the services to be provided.

(c) A declaration of covenants, conditions, and restrictions giving perpetual easement to the lands and facilities owned by the community association. The declaration shall be a legal document which also provides for automatic association membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the association, including voting, elections, and meetings. Furthermore, it shall give power to the association to own and maintain the common property and to make and enforce rules.

(d) Statements prescribing the process by which community association decisions are reached and setting forth the authority to act.

(e) Statements requiring each owner within the subdivision or land development to become a member of the community association.

(f) Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement.

(g) Requirements for all owners to provide a pro rata share of the cost of the operations of the community association.

(h) A process of collection and enforcement to obtain funds from owners who fail to comply.

(i) A process for transition of control of the community association from the developer to the unit owners.

(j) Statements describing how the lands and facilities of the community association will be insured, including limit of liability.

(k) Provisions for the dissolution of the community association, in the event the association should become inviable.

C. Action by the Township on final major subdivision plats and final major site plans.

(1) The Planning Board, with the assistance of the Board Engineer and Board Attorney, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

(a) If said application is found to contain all of the information required by Subsection B of this section, the Board shall certify that said application is complete and direct the application to the appropriate Board.

(b) If said application is found to lack some of the information required by Subsection B of this section, the Board shall either:

[1] Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

[2] If waivers of checklist items have been specifically requested by the applicant in the application for development, the Planning Board shall act on the request for waivers within 45 days of application submission. If the Board reasonably concludes that the missing items of information are not necessary to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items. If the waivers are granted, the application is complete as long as all other requirements for submission have been satisfied. If the waivers are denied, the application is incomplete until missing information is submitted. At that time, the application is complete if all other requirements for submission have been satisfied.

(c) An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection B, and said request shall be the subject of a resubmitted application treated as a new submission, which shall be acted upon in accordance with Subsections C(1)(a) or (b) hereinabove.

(d) In the event that the Board fails to act pursuant to Subsections C(1)(a) or (b) hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

(2) On the date the aforesaid application is certified complete, or on the 46th day following the submission of the application in the event that the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter and/or may require revisions in the application documents, all as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met; provided, however, that the application shall not be deemed incomplete for lack of any such additional information or revisions.

(3) Distribution of documents.

(a) Promptly after certification of completeness, the application documents shall be distributed by the administrative officer to the following:

[1] The Planning Board (11 copies each of the final plat or plan and the application);

[2] The Board Engineer (one copy each of the final plat or plan and the application);

[3] The Board Attorney (one copy each of the final plat or plan and the application);

[4] The Township Construction Official (one copy of the preliminary plat or plan);

(b) At the direction of the Planning Board, additional copies of the preliminary plat or plan and/or other items of submitted information shall be sent to other Township, county or state agencies and/or to other professional consultants as may be designated by the Board; and

(c) It shall be the applicant's responsibility, unless specifically provided otherwise in this chapter to submit the required application to any agency (including but not limited to the Salem County Planning Board, the Salem County Board of Health, the Salem County Soil Conservation District and the New Jersey State Department of Environmental Protection and Energy) having jurisdiction over any aspect of the proposed development.

(4) The Board shall take action of final site plan and final subdivision applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

(5) The professional staff of the Board and any designated Development Review Committee shall read any written reports submitted concerning the application and shall review the submission to ascertain its conformity with the requirements of this chapter. The professional staff of the Board and any designated Development Review Committee shall offer its recommendations to the Planning Board.

(6) If the Board acts favorably on the final plat or plan, the Board Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy and at least two Mylar copies of the approved plat in addition to the 10 paper copies.

(7) For any application that is heard by the Board and is continued for additional studies, reports, plans or revisions to previously submitted material, the new or revised material must be submitted to the Township at least 10 days prior to the hearing at which the new material is to be considered by the Board.

(8) Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Revised plans will then be reviewed by the Board to verify conformity with the Resolution of Approval within 30 days after receipt of the revised submission. Five copies of the revised, verified plan shall then be signed by the Board Engineer. Two copies will be sent to the Township, and one copy will be returned to the applicant. After the final development plans have been approved by the Board Engineer, seven complete sets should be submitted to the Township. The plans will be stamped approved and distributed to staff, with one set returned to the applicant.

(9) Any substantial plan revision required by an outside reviewing agency, including the County Planning Board, after final action by the Planning Board, will require a new substantive review. Whenever a development application which has been the subject of a public hearing has been substantially amended, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.

(10) After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 145-51F of this chapter:

(a) The Township Clerk (one paper copy);

(b) The Township Engineer (one paper copy and, in the case of subdivisions only, one Mylar copy drawn to the tax map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the Board Engineer);

(c) The Zoning Officer (one paper copy);

(d) The Township Tax Assessor (one paper copy);

(e) The applicant (one paper copy, and in the case of subdivisions only, one Mylar copy); and

(f) Such other Township, county or state agencies and officials as directed by the Board.

(11) Filing.

(a) Within 95 days from the date of signing of the final subdivision plat, the subdivider shall file a copy of the same with the Salem County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire, and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days.

(b) The Board may extend the periods of 95 days 190 days if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

(12) If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Secretary of the Board, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

D. Effect of final approval of major subdivision plats and major site plans.

(1) Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date on which the resolution of final approval is adopted:

(a) The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.

(b) If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.

(2) In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in Subsection D(1) hereinabove for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under final approval;

(b) Economic conditions; and

(c) The comprehensiveness of the development.

(3) The developer 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:

(a) The number of dwelling units and nonresidential floor area permissible under final approval;

(b) The number of dwelling units and nonresidential floor area remaining to be developed;

(c) Economic conditions; and

(d) The comprehensiveness of the development.

(4) Whenever the Board grants an extension of final approval pursuant to Subsection D(1)(b) or (2) of this section and final 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.

(5) The Board shall grant an extension of final 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 approvals. A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to Subsection D(1)(b) or (2) hereinabove.

§ 145-59 Submission of applications for any other type of relief.

[Added 9-10-1996 by Ord. No. 96-4]

A. Procedures for submitting an application not mentioned above. The applicant shall submit to the administrative officer 18 copies of the General Requirements Checklist,[1] as well as any other checklist for which relief may be granted, i.e., site plans, subdivisions, etc., and if no other relief is sought, then the applicant shall comply with the provisions for minor subdivision approval.

[1] Editor's Note: Said checklist is included at the end of this chapter.

B. Action by the Township shall be in accordance with that set forth in § 145-56C(1) and (2).