A.
Filing and referral. An applicant for site plan approval shall submit sufficient copies of all required exhibits as set forth in Article V, Site Plan Details, together with an application form and all fees, to the Clerk of the Planning Board. The Clerk of the Planning Board shall refer the site plan and exhibits to the Site Plan Review Advisory Board and the County Planning Board. The Planning Board may also designate other local, county, state or other governmental officials or agencies to receive copies of any application for review and recommendation.
B.
Site Plan Review Advisory Board action. The Site Plan
Review Advisory Board shall review the application and report back
to the Planning Board within 30 days after receipt. In the event that
an application is found to be incomplete or in violation of any applicable
codes and ordinances, the applicant shall be notified within 30 days
of submission by the Site Plan Review Advisory Board, by certified
mail, as to the items omitted or ordinances violated.
C.
Sketch site plan review.
[Repealed 10-20-1980 by Ord. No. 44-80]
D.
Minor site plan review. Within 45 days of the submission
to the Clerk of the Planning Board of a complete minor site plan,
the Board shall take action. Minor site plan approval shall be deemed
to be final approval by the Board.
[Added 7-19-1993 by Ord. No. 21-93]
A.
Planning Board action. Within 45 days of the submission
to the Clerk of the Planning Board of a complete site plan application
for 10 acres of land or less, or within 95 days of submission of a
complete application for a site plan of more than 10 acres, or within
such further time as may be agreed upon by the developer, the Planning
Board shall act upon the application. The Planning Board shall:
C.
Decision of Planning Board.
(1)
A copy of the decision shall be mailed by the Planning
Board within 10 days of the date of decision to the applicant and
be filed in the office of the Planning Board. Copies of such filed
decision shall be made available to any interested party for a reasonable
fee and available for public inspection at the Planning Board office
during reasonable hours.
(2)
A brief notice of the decision shall be published
by the Planning Board in the official newspaper of the Township. The
period of time in which an appeal of the decision may be made shall
run from the first publication of the decision.
D.
County Planning Board approval. Any application requiring
County Planning Board approval shall be approved by the Washington
Township Planning Board subject to approval by the County Planning
Board.
E.
Effect of preliminary approval. Preliminary approval of a site plan shall, except as provided in Subsection F below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
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 on-site and off-tract
improvements; and any requirements peculiar to the specific site plan.
The Township may modify such general terms and conditions of preliminary
approval as they may relate to public health and safety, provided
that such modifications are in accord with amendments adopted by ordinance
subsequent to approval.
(2)
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 site plan.
F.
Extensions of preliminary approval. The applicant
may apply for and the Planning 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.
(1)
In the case of a site plan for an area of 50 acres
or more, the Planning Board may grant the rights referred to above
for such period of time, no longer than three years, as shall be determined
by the Planning Board to be reasonable, taking into consideration
the number of dwelling units and nonresidential floor area permissible
under preliminary approval, economic conditions and the comprehensiveness
of the development.
(2)
The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the above items. (See § 159-53 for fees relating to the granting of an extension.)
G.
Variances. The Planning Board, when acting upon application
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of these provisions
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
H.
Planning Board Review in lieu of Board of Adjustment.
The Planning Board, when reviewing applications for site plans, shall
have the power to grant, to the same extent and subject to the same
restrictions as the Board of Adjustment, variances from lot area,
lot dimensions, setback and yard requirements, provided that relief,
pursuant to this section, from lot area requirements shall not be
granted for more than one lot. Said variances shall be granted where,
by reason of exceptional narrowness, shallowness or shape of a specific
piece of property, or by reason of exceptional topographic conditions,
or by reason of other extraordinary and exceptional situation or condition
of such piece of property, the strict application of any zoning regulation
would result in peculiar and exceptional practical difficulties to
or exceptional and undue hardship upon the developer of such property.
The variance granted from such strict application of such regulation
shall relieve such difficulties or hardship; provided, however, that
no variance shall be granted under this section to allow a structure
or use in a district restricted against such structure or use.
I.
Performance guaranty.
[Added 10-16-1989 by Ord. No. 24-89]
(1)
Prior to the start of any site plan construction,
a separate performance guaranty shall be posted where applicable for
the value of all proposed drainage, curbing and pavement within existing
Township rights-of-way. The purpose of the guaranty is to insure that
all work within the right-of-way, when started, shall be continued
in a timely manner to maintain safe conditions for the traveling public
and adjacent residents.
(3)
This guaranty shall be terminated when an overall
guaranty is posted at time of final site plan approval.
J.
Soil erosion and sedimentation control guaranties.
[Added 7-16-1990 by Ord. No. 22-90]
(1)
Prior to the start of any site plan construction,
including but not limited to clearing or grading, a separate cash
performance guaranty for soil erosion and sedimentation control shall
be posted, except where the amount of disturbed area is less than
10,000 square feet. The amount of the guaranty shall be $5 per 1,000
square feet of disturbed area or $200, whichever is greater, for site
plans with typical soil erosion and sedimentation control problems.
However, the Township may require an increased amount upon receiving
written recommendation from the Township Engineer citing critical
soil and/or slope conditions. In the event of noncompliance with the
provisions of this chapter and/or the approved soil erosion and sedimentation
control plan, the Township may issue a written notice to the developer.
Except for emergencies where substantial damage to life and property
has or is likely to occur, after 72 hours have lapsed from receipt
of said notice, the Township shall have the option to take corrective
actions and charge the cost of corrective actions against the cash
performance guaranties.
(2)
In the event that the charges exceed the amount of
the cash performance guaranty, the deficit shall be paid by the developer
within 60 days. Upon certification of the Township Engineer of substantial
completion, the remaining cash performance guaranty balance shall
be returned to the developer.
A.
Planning Board action. Within 45 days after submission
of a complete site plan application, or within such further time as
may be agreed upon by the applicant, the Planning Board shall approve
the application for final site plan approval with or without conditions,
provided that the following requirements are met:
(1)
That the detailed drawing and specifications meet
all applicable codes and ordinances.
(2)
That the final plans are substantially the same as
the approved preliminary site plan.
(3)
That all improvements have been installed, except
that performance guaranties in accordance with the requirements of
this chapter and of the Municipal Land Use Law, may be posted to assure
the installation of the following improvements only:
[Amended 11-17-1980 by Ord. No. 55-80]
(4)
That the applicant agrees, in writing, to all conditions
of final approval.
(5)
That proof has been submitted that all taxes and assessments
for local improvements on the property have been paid.
B.
Hearing. Planning Board action shall take place at
a hearing. No public notice of application shall be required.
E.
Effect of final approval. Final approval shall terminate
the time period of preliminary approval for the section granted final
approval and shall guaranty the applicant that the zoning requirements
applicable to the preliminary approval and all other rights conferred
upon the applicant as part of preliminary approval shall not be changed
for a period of two years after the date of final approval.
F.
Time limit for final approval and extensions. Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The Planning Board may extend final approval and the protection offered under Subsection E for one year. Up to three such extensions may be granted.
(1)
In the case of a site plan for a planned unit development,
planned unit residential development or residential cluster of 50
acres or conventional site plan for 150 acres or more, the Planning
Board may extend the rights granted under final approval for such
period of time, longer than two years, as shall be determined by the
Planning Board to be reasonable taking into consideration the number
of dwelling units and nonresidential floor area permissible under
final approval, economic conditions and 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 the above items. (See § 159-53, Fees, for fees related to the granting of an extension.)
G.
Notice of farm use. For the purpose of giving due notice of the farm rights contained in § 217-40 to new residents, owners, tenants, lessees and other users, the Planning Board shall require an applicant for every site plan, as a condition of approval of such application, to provide every owner, tenant, lessee or other user with a copy of the Township's Right-to-Farm Ordinance.[1]
[Added 3-19-2001 by Ord. No. 7-01]
The Planning Board may, as a condition of final
approval:
A.
Grant final approval only for designated geographic
sections of the development;
B.
Grant final approval for certain work but require
resubmission for final approval for designated elements, such as but
not limited to landscaping, signs, street furniture, etc., and require
approval of these elements as a prerequisite for a certificate of
occupancy or zoning permit; or
C.
Condition the granting of a certificate of occupancy
or zoning permit subject to the applicant or developer or subsequent
heirs or assignees meeting certain requirements within a designated
period of time, not to exceed one year, from the date of issuance
of the certificate of occupancy or zoning permit. This may include
but is not limited to the installation of landscaping, erection of
signs, installation of improvements, reevaluation of circulation patterns,
reevaluation of lighting and similar items.
