A.
The purpose of this Part 2 is to provide rules, regulations and standards to guide and control development in the Township. It shall be administered by the Planning Board, except as provided in § 130-10, to ensure orderly growth and development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
B.
The rules, regulations and standards set forth shall
be considered to be the minimum requirements for the protection of
the public health, safety and welfare of the citizens of the Township.
D.
In addition to the requirements of this Part 2, all
subdivision and site plan applications involving access on or to Route
72 for any portion of the proposed development shall be consistent
in terms of access design and location with the Route 72 Access Management
Plan adopted by the Township Council on June 10, 1997, and as may
be amended.
[Added 6-10-1997 by Ord. No. 97-47]
[Added 11-5-2007 by Ord. No. 2007-99]
A.
Prior to the subdivision or resubdivision of land,
to the issuance of an occupancy, conditional use or construction permit
for a development, or to the granting of any variances from the Zoning
Code,[1] an application for subdivision, site plan or planned development
review, as the case may be, shall be submitted to and approved by
resolution of the approving authority in accordance with the requirements
of this part. Site plan approval shall be required for any new building,
any addition to an existing building, any change in use of an existing
building, any off-street parking area or alteration of said parking
area and any other improvement involving land disturbance, except
that subdivisions or individual lot applications for detached one-
and two-family dwelling unit buildings shall be exempt from site plan
review and approval.
B.
Exemptions.
(1)
The Board, in consultation with the Township
Engineer and any other agency or person as directed by the approving
authority for their review and action, may exempt from site plan approval
any application if the proposed development:
(a)
Secured previous site plan approval under the
terms of this section;
(b)
Involves normal maintenance or replacement,
such as a new roof, painting, new siding or similar activity; or
(c)
Does not affect existing circulation, drainage,
building arrangements, landscaping, buffering, lighting and other
considerations of site plan review.
(2)
The Board may require the submission of such
information as will make it possible to determine whether or not such
exemption should be granted.
C.
In the event that the subdivision or site plan application
requires action by the Board of Adjustment as provided in this chapter,
said application shall be submitted to and processed by said Board,
which shall act in the same manner as the Planning Board.
D.
Each application for approval shall be submitted by
the applicant to the County Planning Board for review or approval,
and the municipal approving authority shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report within the required time period.
E.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board an index of the natural resources
of the municipality, the Board shall make available to the Environmental
Commission an informational copy of every application for development
to the Board. Failure of the Board to make such informational copy
available to the Environmental Commission shall not invalidate any
hearing or proceeding.
A.
An application for development shall include the items specified in Article X of this chapter, which constitutes a checklist of items to be submitted for subdivision and site plan review. A copy of this checklist shall be completed by the applicant and submitted with the application form.
B.
Completion of application; time limits.
(1)
A subdivision and site plan application shall be complete
for purposes of commencing the applicable time period for action by
the Planning Board when so certified by the Planning Board or its
authorized committee or designee. In the event that the Board, committee
or designee does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless:
(a)
The application lacks information indicated on the checklist of items to be submitted as specified in Article X and provided in writing to the applicant; and
(b)
The Planning Board or its authorized committee
or designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
(2)
The applicant may request that one or more of the
submission requirements be waived, in which event the Board or its
authorized committee shall grant or deny the request within 45 days
of the date of its submission. Nothing herein shall be construed as
diminishing the applicant's obligation to prove in the application
process that the applicant is entitled to approval of the application.
The Planning Board may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the ordinance or any revisions in the accompanying documents
as is reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Planning Board.
C.
An applicant may appeal the administrative officer's
decision concerning completeness of an application to the Board which
has jurisdiction to hear the application. The Board shall have 45
days after receipt of a written request to schedule a public hearing,
at which time the Board will determine if the application is complete.
The Board shall affirm, modify or reverse the decision of the administrative
officer.
D.
For an application to be placed on the agenda of a
Board meeting, it must be deemed complete by the administrative officer
a minimum of seven days prior to a caucus meeting or 21 days prior
to a regular public hearing if there is no caucus meeting scheduled
for that month.
E.
Review procedures; general procedures.
[Added 11-5-2007 by Ord. No. 2007-99]
(1)
Upon receipt of an application for development, the
administrative officer shall forward all documents to the Planning
Board or Board of Adjustment Secretary, Township Engineer, Tax Assessor,
Police Department, Fire Department, Health Department, and such other
agencies, officials and consultants as deemed necessary, for comments
by each such individual or department.
(2)
The Board shall review the application, along with
reports required from any officials or agencies, to determine if said
plan and development will compare favorably with Township standards,
other neighborhood improvements and the properly intended and planned
appearance throughout any neighborhood or along any street.
(3)
The Planning Board shall grant or deny the application
within the times of submission of a complete application prescribed
below or within such further time as may be consented to by the applicant.
|
Type of Application
|
Period of Time for
Action to Board
(days)
| ||
|---|---|---|---|
|
Minor subdivision
|
45
| ||
|
Preliminary subdivision plat
| |||
|
10 or fewer lots
|
45
| ||
|
More than 10 lots
|
95
| ||
|
Final subdivision plat
|
45
| ||
|
Minor site plan
|
45
| ||
|
Preliminary site plan
| |||
|
10 acres or less
|
45
| ||
|
More than 10 acres
|
95
| ||
|
Final site plan
|
45
| ||
|
Conditional use permit
|
95
| ||
|
Application for development with "c" variances
|
120
| ||
(4)
The Zoning Board of Adjustment shall render a decision
within the time of prescribed below or within such further time as
may be consented to by the applicant.
|
Type of Matter
|
Period of Time for
Action to Board
(days)
| |
|---|---|---|
|
Appeal
|
120
| |
|
Submission of complete application
|
120
| |
|
Bifurcated application variance
|
120
| |
|
Subdivision/site plan: See Subsection E(3) above for appropriate application.
| ||
(5)
Failure of either Board to act within the period prescribed
shall constitute approval, and a certificate of the Township Clerk
as to the failure of the Board to act shall be issued on request of
the applicant. It shall be sufficient in lieu of the written endorsement
or other evidence of approval herein and shall be so accepted by the
county recording officer for purposes of filing subdivision plats.
The applicant shall be notified of the Board's action within one week
of its action.
(6)
Whenever review or approval of an application by the
County Planning Board is required, the Board shall condition any approval
that it grants upon timely receipt of a favorable report by the County
Planning Board or upon approval by the County Planning Board by its
failure to report within the required time period.
(7)
Before the Secretary of the Board returns any approved
application to an applicant, the applicant shall have sufficient copies
made to furnish one copy to each of the following: Township Clerk,
Township Administrator, Township Engineer, Construction Official and
Zoning Officer, Tax Assessor and County Planning Board.
