Township of Stafford, NJ
Ocean County
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Table of Contents
Table of Contents
[Amended 10-18-1988 by Ord. No. 88-83]
For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the developer may request a preapplication conference and/or concept plan in accordance with the following requirements:
A. 
Preapplication conference.
(1) 
At the request of the applicant, the Planning Board shall authorize a preapplication conference. The purpose of this conference is to:
(a) 
Acquaint the applicant with the substantive and procedural requirements of the Subdivision and Site Plan Ordinance.
(b) 
Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, Zoning Ordinance[1] and other development requirements.
[1]
Editor's Note: See Ch. 211, Zoning.
(c) 
Advise the applicant of any public sources of information that may aid the application.
(d) 
Otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development.
(e) 
Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences.
(f) 
Permit input into the general design of the project.
(2) 
The preapplication conference allows the applicant to meet with appropriate municipal representatives. These individuals, who shall be designated by the Mayor and/or Council, may include:
(a) 
The Municipal Engineer.
(b) 
The Municipal Planner.
(c) 
The Municipal Construction Officer and Zoning Officer.
(d) 
Representative(s) from the Planning Board and the Board of Adjustment.
(e) 
Representatives from the Municipal Environmental, Historic Preservation and other Commissions, as deemed appropriate.
(f) 
The Subdivision and Site Plan Committee or its representative(s), if this Committee is established.
(g) 
Any other municipal representative(s) invited by the Planning Board Chairperson.
(3) 
Applicants seeking a preapplication conference shall submit the information stipulated in § 130-89.1 of this chapter 15 days prior to the preapplication conference.
(4) 
The applicant shall not be required to pay a fee for the preapplication conference. If requested and paid for by the applicant, a brief written summary of the preapplication conference shall be provided within 45 working days after the final meeting.
(5) 
The applicant shall not be bound by the determination of the preapplication conference, nor shall the Planning Board or Subdivision and Site Plan Committee be bound by any such review.
(6) 
If any approvals required by federal, state, county or other local law include as a condition of said approval an off-site dedication of any kind, the Planning Board shall hold a preapplication conference to provide comments and suggestions as to the options of off-site location to the extent permitted by applicable law.
[Added 2-17-2004 by Ord. No. 2004-20]
B. 
Concept plan.
(1) 
In addition or as an alternative to the preapplication conference, at the request of the applicant, the Planning Board or the Subdivision and Site Plan Committee shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development. The purpose of the concept plan is to provide the Planning Board or Subdivision and Site Plan Committee input in the formative stages of subdivision and site plan design.
(2) 
Applicants seeking concept plan informal review shall submit the items stipulated in § 130-89.1 15 days before the concept plan meeting. These items provide the subdivider and Planning Board or Subdivision and Site Plan Committee with an opportunity to discuss the development proposal in its formative stages.
(3) 
A brief written summary of the concept plan review shall be provided within 45 working days after the final meeting.
(4) 
The applicant may be charged reasonable fees for concept plan review. The amount of any fees for such informal review shall be a credit towards fees for review of the application for development.
(5) 
The applicant shall not be bound by any concept plan for which review is requested, nor shall the Planning Board or Subdivision and Site Plan Committee be bound by any such review. The municipality may require notice of the concept plan meeting pursuant to N.J.S.A. 40:55D-12.
[Amended 10-18-1988 by Ord. No. 88-83]
A. 
A developer shall, prior to subdividing or resubdividing land, submit to the administrative officer five copies of a complete application for classification and/or minor subdivision approval, the fees as required in § 130-95 and eight copies of the sketch plat drawn to specifications pursuant to § 130-91, for purposes of classification and preliminary discussions and distribution as hereinafter provided for.
B. 
A notation to the effect of approval shall be made on the sketch plat marked "proposed subdivision," and none of the lots or plots resulting from such subdivision may be resubdivided by minor subdivision within two years from the date of approval. After approval of the Planning Board or Board of Adjustment, one copy of the sketch plat marked "proposed subdivision" shall be signed by the municipal agency and forwarded to the developer following compliance with any or all conditions. No further approval shall be required by any municipal agency. The remaining copies of the approved sketch plat shall be sent to the Township Engineer, Building Official, Tax Assessor, County Planning Board, Stafford Municipal Utilities Authority and, in the case of the Board of Adjustment granting a subdivision, the Township Planning Board.
A. 
Minor subdivision shall be subject to the conditions set forth in N.J.S.A. 40:55D-47.
B. 
Any such deed or plat accepted for such filing shall have been signed by the Chairman, Secretary and Board Engineer of the municipal agency. Failure to record such plat or deed within the prescribed time shall render the approval null and void.
If the sketch plat is classified by the Board or its committee as a major subdivision, a notation to that effect shall be made on the plat, which shall then be returned, following the meeting, to the developer for compliance with the procedures for preliminary and final approval.
Twelve legible prints of the preliminary plat drawn to the specifications pursuant to § 130-91, together with six completed application forms for preliminary approval and the fees as required in § 130-95, shall be submitted to the administrative officer.
A. 
The municipal agency shall act on the preliminary plat within the time prescribed in § 130-18.
B. 
If the municipal agency acts favorably on a preliminary plat, with or without conditions, a notation to that effect shall be made on the plat, and it shall be returned to the developer for compliance with final approval requirements.
C. 
If the municipal agency disapproves a preliminary plat, the reasons for such action shall be noted on the plat and returned to the developer.
D. 
Pursuant to N.J.S.A. 40:55D-49, the following rights shall be conferred upon the developer for a period of three years from the date on which the resolution of preliminary approval is adopted:
[Amended 2-7-1995 by Ord. No. 95-17]
(1) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, subject to the conditions set forth in N.J.S.A. 40:55D-49.
(2) 
That the developer 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.
(3) 
That the developer may apply for and the municipal agency may grant extensions on such preliminary approval as provided by N.J.S.A. 40:55D-49.
E. 
In the case of a subdivision or site plan for an area of 50 acres or more, the municipal agency may grant the rights referred to in Subsection D(1), (2) and (3) above for such periods of time longer than three years, subject to the conditions set forth in N.J.S.A. 40:55D-49.
[Amended 12-20-1988 by Ord. No. 88-95]
F. 
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection D or E of this section, 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.
[Added 2-7-1995 by Ord. No. 95-17]
G. 
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities, and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsections D and E above.
[Added 2-7-1995 by Ord. No. 95-17]
[Amended 5-20-2003 by Ord. No. 2003-61; 8-5-2003 by Ord. No. 2003-102]
A. 
The original tracing, 12 legible prints of the final plat, drawn to the specifications of § 130-90, together with the five complete application forms for final approval and the fees as required in § 130-95, shall be submitted to the administrative officer within three years after the date of the grant of preliminary approval, or its extension.
B. 
Any preliminary approvals granted prior to July 1, 2003, shall begin to toll the time to seek final approval under § 130-36A as of July 1, 2003. Preliminary approvals granted subsequent to July 1, 2003, shall toll the time to seek final approval as of the actual date of the grant of preliminary approval. This section confers no other additional rights upon applicants.
A. 
After a determination that a complete application has been submitted, the municipal agency shall act on the final plat within the time prescribed in § 130-18.
B. 
If the municipal agency acts favorably on a final plat, with or without conditions, a notation to that effect shall be made on the plat, and it shall be returned to the developer. However, prior to the signing of the final plat, the applicant shall submit the required performance bond, cash guaranty and construction/inspection fees.
C. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 130-35, whether conditionally or otherwise, shall not be changed for two years after the date on which the resolution of final approval is adopted, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 130-38. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required, the municipal agency may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of the Municipal Land Use Law,[1] the granting of final approval terminates the time period of preliminary approval pursuant to § 130-35 for the section granted final approval.
[Amended 12-20-1988 by Ord. No. 88-95; 2-7-1995 by Ord. No. 95-17]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D. 
Whenever the Planning Board grants an extension of final approval pursuant to this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what otherwise would be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Added 2-7-1995 by Ord. No. 95-17[2]]
[2]
Editor's Note: This ordinance also provided for the renumbering of former Subsection D as Subsection F.
E. 
The Planning 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 required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of the final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection C of this section.
[Added 2-7-1995 by Ord. No. 95-17]
F. 
Considerations for granting time extensions.
[Added 10-19-1999 by Ord. No. 99-78]
(1) 
In the case of a subdivision for a planned development of 50 acres or more or a conventional subdivision for 150 acres or more, the Planning Board may grant the rights referred to in Subsection C of this section for such period of time, longer than two years, as shall be determined by the planning 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.
(2) 
The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the planning 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.
G. 
If a final plat has been approved prior to the enactment of this chapter and if the developer has followed the standards prescribed for final approval, has duly recorded the plat as required and has initiated substantial improvement of the project, he shall be permitted to continue the project in accordance with the approved plat.
[Added 10-19-1999 by Ord. No. 99-78]
A. 
After the original tracing has been signed by the appropriate officials, the tracing shall be returned to the developer, and he shall proceed to file the same with the county recording officer within 95 days of the signing of the plat.
B. 
The municipal agency may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat.
C. 
The Planning Board may extend the ninety-five- or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legal 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.
[Added 2-7-1995 by Ord. No. 95-17[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection C as Subsection D.
D. 
Within 10 days of the filing of the original tracing with the county recording officer, the developer shall submit to the Board the following copies of the filed plat: two cloth prints, 12 legible prints of the filed plat and two Mylar copies.
A. 
The sales office of all major subdivisions consisting of 10 or more lots, as shown on the developer's preliminary plats, shall display at all times within the development sales office or a model home located on the premises the following maps:
(1) 
The approved preliminary plat of the subdivision.
(2) 
The approved final plat of the subdivision.
B. 
Each map shall clearly show and delineate the location of the developer's subdivision.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, such person may be subject to penalties as set forth in N.J.S.A. 40:55D-55.
[Amended 10-19-1993 by Ord. No. 93-68]
A. 
A prospective purchaser, mortgagor or any other person interested in any land which forms part of a subdivision or which formed part of such subdivision three years preceding may apply in writing to the Zoning Officer for certification verifying that the subdivision has been approved pursuant to N.J.S.A. 40:55D-56.
B. 
The Zoning Officer shall make and issue such certificate within 15 days after the receipt of such written application and a fee of $10. The Zoning Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office.
C. 
Each certificate shall be designated as a "certificate as to approval of subdivision of land" and shall certify that the conditions required by N.J.S.A. 40:55D-56 have been fulfilled.
D. 
The Zoning Officer shall be entitled to demand and receive for such certificate issued by him or her a fee of $10. The fees so collected by the Zoning Officer shall be paid by him or her to the Township.
A. 
No building permit, zoning permit, certificate of occupancy or conditional use permit shall be issued for the construction or alteration of any structure, except as otherwise provided by state law, unless a final site plan shall have first been approved by the Planning Board or Board of Adjustment, in conjunction with the processing of a use variance, in accordance with the terms of this chapter and the Municipal Land Use Law.[1] However, no site plan approval shall be required for a conditional use permit for a home occupation unless, in the sole discretion of the Planning Board, it is deemed necessary. In addition, no building permit, zoning permit or certificate of occupancy shall be issued for a change of use of a structure when the new use results in the need for a greater amount of parking under the Township ordinances than presently is provided. In determining the amount of parking that is presently provided, only parking spaces in a legally approved, improved parking area shall be considered. Further, site plan approval shall be required when, in the determination of the Zoning Officer, the new use will result in an increased traffic flow on and off the site.
[Amended 11-1-1994 by Ord. No. 94-97; 6-10-1997 by Ord. No. 97-45; 2-3-1998 by Ord. No. 98-24]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving authority may grant preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final site plan approval. For such a final site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 211-9D(4) and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 3-4-1997 by Ord. No. 97-16; 7-3-2001 by Ord. No. 2001-46]
A. 
Twelve legible prints of the minor site plan drawn in conformance with the standards, details and requirements of the minor site plan definition, together with five completed application forms and the fees as required in § 130-95, shall be submitted to the Board Secretary.
B. 
Minor site plan approval shall be deemed to be final approval of the site plan by the Board.
C. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval is granted shall not be changed for a period of two years from the date of minor site plan approval.
D. 
[1]The Planning Board shall grant an extension of the time period provided in Subsection C above 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.
[Added 2-7-1995 by Ord. No. 95-17]
[1]
Editor's Note: Former Subsection D, which dealt with informal sketches, was repealed 10-18-1988 by Ord. No. 88-83.
[Added 7-11-1995 by Ord. No. 95-56]
A conditional use permit shall be valid for two years from the date of approval. A renewal of the permit shall require a signed affidavit from the owner, setting forth that there is no deviation from the original approving resolution of the conditional use permit. At the time of renewal, the owner shall be required to pay only the resolution fee and the conditional use fee as set forth in the development review fee schedule.
Twelve legible prints of the preliminary site plan and preliminary architectural plans and elevations, together with five completed application forms for preliminary site plan approval and the fees as required in § 130-95, shall be submitted to the Board Secretary.
A. 
The municipal agency shall act on the preliminary site plan within the time prescribed in § 130-18.
B. 
If the municipal agency acts favorably on a preliminary site plat, with or without conditions, a notation to that effect shall be made on the plan, and it shall be returned to the developer for compliance with the final approval requirements.
C. 
If the municipal agency disapproves a preliminary site plan, the reasons for such action shall be noted on the plan and returned to the developer.
D. 
The rights conferred by preliminary site plan approval shall be the same as those set forth in § 130-35.
[Amended 12-20-1988 by Ord. No. 88-95; 5-20-2003 by Ord. No. 2003-61; 8-5-2003 by Ord. No. 2003-102]
A. 
Twelve legible prints of the final site plan, drawn to the specifications pursuant to § 130-92, together with all necessary documentation, five completed application forms for final site plan approval and the fees as required in § 130-95, shall be submitted to the Board Secretary, together with a reproducible Mylar of the final plan and final construction plans within three years after the date of the grant of preliminary approval, or its extension.
B. 
Any preliminary approvals granted prior to July 1, 2003, shall begin to toll the time to seek final approval under § 130-46A as of July 1, 2003. Preliminary approvals granted subsequent to July 1, 2003, shall toll the time to seek final approval as of the actual date of the grant of preliminary approval. This section confers no other additional rights upon applicants.
A. 
After determination that a complete application has been submitted, the municipal agency shall act on the final site plan within the time prescribed in § 130-18. Prior to the signing of the final plats, a certification by the Township Engineer and Attorney shall be received by the municipal agency stating that performance guaranty has been approved as to form and amount to assure completion of all required improvements.
B. 
If the municipal agency acts favorably on a final site plan, with or without conditions, a notation to that effect shall be made on the plan, and it shall be returned to the developer. However, prior to the signing of the final plat by the Board Engineer, the applicant shall post with the Township Clerk a performance guaranty as set forth in § 130-101.
C. 
The zoning requirements applicable to the preliminary site plan approval first granted and all other rights conferred upon the developer pursuant to § 130-35, whether conditionally or otherwise, shall not be changed for two years after the date on which the resolution of final approval is adopted. If the developer has followed the standards prescribed for final site plan approval, the municipal agency may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of the Municipal Land Use Law,[1] the granting of final site plan approval terminates the time period of preliminary site plan approval pursuant to § 130-35 for the section granted final site plan approval. If a site plan has been approved prior to the enactment of this chapter and if the developer has followed the standards prescribed for final approval, has duly recorded the plat, if required, and has initiated substantial improvement of the project, he shall be permitted to continue the project in accordance with the approved plat.
[Amended 2-7-1995 by Ord. No. 95-17]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D. 
Considerations for granting time extensions.
[Added 2-7-1995 by Ord. No. 95-17]
(1) 
In the case of a site plan for a planned development of 50 acres or more, site plan for 150 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection C of this section for such period of time, longer than two years, as shall be determined by the Planning 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.
(2) 
The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning 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.
E. 
Extension of final approval by the Planning Board on a site plan shall also comply with requirements of § 130-37D and E of the Township Code of the Township of Stafford.
[Amended 10-19-1999 by Ord. No. 99-78]