In all zones for proposed uses, subdivision,
site development or construction other than an "exempt development,"
site plan and/or subdivision approval shall be required prior to:
A.
Subdivision of land.
B.
Issuance of a development permit or building permit.
C.
Commencement of any regulated use or activity, which
includes:
(1)
The erection, construction, alteration, repair, remodeling,
conversion, removal or destruction of any building or structures.
(2)
The use or occupancy of any building, structure or
land.
(3)
The subdivision or resubdivision of any land.
(4)
Any activity which entails the construction of any
improvements or the alteration of the natural condition of any land.
A.
In all cases, application shall first be made to the
Administrative Officer (Zoning Officer) for issuance of a development
permit by any person wishing to undertake any regulated activity.
B.
If the Administrative Officer (Zoning Officer) shall
determine that the proposed undertaking is an exempt development which
conforms in all aspects to the requirements of this chapter and does
not require direction for issuance of a building permit pursuant to
N.J.S.A. 40:55D-34, he or she shall issue a development permit and
the applicant may then apply for a building permit and/or other permits
that may be required.
C.
If the Administrative Officer (Zoning Officer) shall
determine that the proposed undertaking is an exempt development but
does not conform in all aspects to the requirements of this chapter
and/or requires direction for issuance of a building permit pursuant
to N.J.S.A. 40:55D, he or she shall instruct the applicant that Planning
Board approval of an application for development variance and/or direction
for issuance of a building permit is required before a development
permit may be issued allowing the applicant to apply for a building
permit and/or other permits that may be required.
[Amended 12-2-2015 by Ord. No. 543-2015]
D.
An application for development permit shall be in
writing by the owner or his or her authorized agent and include the
following:
(1)
A statement of the use or intended use or uses of
the building, structure or land.
(2)
An elevation drawn to scale of the building or structures
to be erected including signs to be placed thereon and their content
and manner of construction.
(3)
A plan drawn to scale showing all proposed and/or
existing buildings, signs, parking areas, setbacks and yard distances
in exact relocation to street and lot lines.
(4)
The proportion of existing and proposed lot coverage.
E.
The Administrative Officer (Zoning Officer) shall
take action on a complete application for a development permit within
10 days of its submission.
F.
If the Administrative Officer (Zoning Officer) shall
determine that the proposed undertaking is not an exempt development,
he or she shall instruct the applicant that the Planning Board approval
of an application for development is required. He or she shall further
advise the applicant which Board has jurisdiction over the application
for development and which of the following approvals are required:
[Amended 12-2-2015 by Ord. No. 543-2015]
G.
The Planning Board shall hear and act upon any requests
for granting of variances, conditional use approval and/or direction
for issuance of a building permit at the same time that they hear
and act upon a minor subdivision, preliminary plat of a major subdivision,
a minor site plan or a preliminary plat of a major site plan. Such
simultaneous action may be taken in conjunction with a final plat
of a major subdivision or major site plan if revisions in the plat
subsequent to preliminary plat approval shall have created the need
for such simultaneous action or if the application is for combined
preliminary and final plat approval.
[Amended 12-2-2015 by Ord. No. 543-2015]
A.
Informal review. At the request of the developer,
the Planning Board shall grant an informal review of a concept plan
for a development which the developer intends to prepare and submit
an application for development. The amount of any fees for such an
informal review shall be a credit toward fees for review of the application
for development. The developer shall not be bound by any concept plan
for which review is requested, and the Planning Board shall not be
bound by any such review. Such review shall be limited to planning
concepts, and no written reaction to the review shall normally be
provided by the Board.
B.
Preliminary submission. Any developer who intends
to submit an application for development may request to be scheduled
as a preliminary submission. The purpose of a preliminary submission
is to establish general guidelines to be followed by the applicant
in preparing his or her submission with primary regard to plat details
and submission requirements. The Board will advise the developer in
writing of any determinations reached as a result of a preliminary
submission. Fees are provided for preliminary submissions.
[Amended 12-2-2015 by Ord. No. 543-2015]
A.
Submission requirements. All applications for development requiring Planning Board action shall be submitted in accordance with the requirements set forth in §§ 155-64 through 155-69 and § 155-73 of this chapter. Where an application involves approval related to more than one section, the more restrictive requirements shall apply.
B.
Administrative review.
(1)
Upon receipt of an application for development, the
Administrative Officer shall retain the original of the application
and one copy of the plat maps and attachments and forward the other
copies of the application and all plat maps, supporting attachments,
exhibits and other information submitted to the Secretary of the Planning
Board. The Secretary of the Planning Board shall review the application
for compliance with submission requirements. If the application is
for a site plan, subdivision and/or conditional use, the Secretary
of the Planning Board shall make the following distribution of the
application, plat maps and attachments:
|
Application
|
Plat Maps and Attachments
| ||
|---|---|---|---|
|
Township Engineer
|
1
|
2
| |
|
Environmental Commission
|
1
|
1
| |
|
Board of Health
|
1
|
1
| |
|
Construction Code Official
|
1
|
1
| |
|
Fire Department
|
1
|
1
|
(2)
The Planning Board may determine that additional distribution
of the application, plat map and attachments should be made to other
agencies, and in such cases, the applicant may be required to submit
additional prints.
C.
Completeness review.
(1)
When all submission requirements have been fulfilled
and, in case of site plans, subdivisions and conditional uses, when
completeness review reports have been received form the Township Engineer
certifying that the plans and attachments are in compliance with all
submission requirements; the Administrative Officer (Secretary of
the Planning Board) will, if all other requirements have been met,
deem the application complete and issue a certificate of completeness
and forward the application to the municipal agency for hearing.
D.
Engineering review. The Township Engineer shall review
applications for development for site plans, subdivisions and conditional
uses and shall advise the Planning Board and the applicant of any
technical deficiencies, required changes and/or recommended changes.
Ten copies of revised plans and attachments, which correct all deficiencies,
incorporate all required changes and satisfactorily consider all recommended
changes, shall be submitted to the Administrative Officer for further
review.
E.
Conditional approvals.
(1)
After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board within the time limits set forth within Article III of this chapter, or within such further time as may be consented to by the applicant. Outside the Pinelands Area, if required approvals from other government agencies have not been received prior to Planning Board approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
(2)
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board to an extent that the Board determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board and pay the fees for such revised approval set forth in § 155-18 of this chapter.
F.
Board action. In acting upon an application for development
for a subdivision or site plan, the Planning Board shall consider
whether the submittal complies with the following standards and regulations:
(1)
The proposed use is consistent with the Master Plan.
(2)
The plat submission contains all of the information
and data required by this chapter.
(3)
The details and improvement standards of the plat
are in accord with the standards of this chapter.
(4)
Adequate provision is made for safe and convenient
vehicular traffic access, circulation and parking.
(5)
Adequate provision is made for safe and convenient
pedestrian circulation.
(6)
Ingress and egress for the site will not unduly impede
or obstruct the flow of traffic on public streets.
(7)
Adequate provision has been made for the collection
and disposal of stormwater runoff and the proposed drainage facilities
have been approved by the Township Engineer.
(8)
Adequate provision has been made to screen adjoining
residential properties from any adverse effects that might result
from outdoor lighting, buildings, parking areas, refuse storage areas,
recreation areas, equipment areas, bulk storage areas or similar utilities
or structures located on the site.
(9)
Adequate provision has been made for compliance with
the performance standards of this chapter.
(10)
Adequate provision has been made to provide
structures and uses of a quality and design which will not produce
adverse effects on existing developments in the surrounding area or
future uses designated for the surrounding area in the Master Plan.
(11)
The proposed development is compatible with
approved subdivisions and/or site plans for adjacent and nearby parcels
of land.
(12)
The proposed development is compatible with
environmental and/or historical characteristics and conditions of
the site and nearby parcels of land.
G.
Reproduction of final site plans and plats and issuance
of development permit. Approvals of all applications for development
shall not be valid until all the following have taken place:
(1)
The Administrative Officer (Planning Board Secretary)
and Township Engineer shall certify that all conditions of approval
have been satisfied.
(2)
In the case of applications for development for site
plans and subdivisions, the applicant shall submit the reproducible
original of the plat for signature of the Chairman and Secretary of
the Planning Board, and in the case of minor subdivisions or final
plats of major subdivisions, the Township Engineer.
(3)
The applicant shall provide six copies of the plat
and attachments. After signature, the Administrative Officer shall
have the original and all copies signed and shall return the reproducible
original of the plat and attachments to the applicant. One copy shall
be retained in the files of the Administrative Officer, the reproducible
Mylar and two copies shall be retained in the files of the Township
Engineer, one copy shall be retained in the files of the Construction
Code Official and one copy to the applicant.
(4)
For the applications for development that receive
minor or final plat approval, the Administrative Officer shall issue
a development permit after the plat has been signed. The date of the
development permit shall be the date upon which the approval of applications
for development related to preliminary plats become valid, which shall
be the date on which the plat is signed by the Chairman and Secretary
of the Planning Board and Township Engineer. However, the period of
time for which certain rights are conferred upon the applicant shall
commence on the date which the Planning Board granted the approval.
H.
Waiver of requirements. The municipal agency may,
upon specific written request of an applicant, consider and approve
or deny requests for waiver of submission requirements or for any
of the specific plat detail requirements set forth in this article
except for Pinelands Area development application requirements and
procedures. All such requests by an applicant shall cite the specific
requirement by section number and shall state the specific reason
for request of waiver. An application which either meets all submission
and detail requirements will be considered complete. If a request
for waiver is denied, the applicant must provide the required submissions.
Such detailed submissions will be reviewed as provided for new applications
and all time limits will recommence as for new applications.
A.
Required documents. Prior to issuance of a certificate
of completeness or scheduling of a minor subdivision for public hearing,
the Administrative Officer (Planning Board Secretary) shall determine
that the following have been submitted in proper form:
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
A certificate of title, which may be on the plat (signed
by the owner and notarized) or in a letter form, signed by a member
of the New Jersey Bar, by a title officer or authorized agent of a
title insurance company licensed to do business in the State of New
Jersey, which certificate shall confirm that the owner of the premises
in question is the owner as shown on the plat.
(2)
Township Engineer's report.
(3)
Application for tidal or nontidal wetlands or tidelands
approval, where required.
(4)
Other submittals that may be required by the Township
Engineer, Planning Board, or federal, state, county or municipal law.
(5)
The application for development for a minor subdivision
or minor site plan shall include a request for the granting of any
variances required.
(7)
Ten copies of a completed application form.
(9)
Ten copies of a plat and attachments meeting the requirements
set forth below.
B.
Plat requirements.
(1)
General requirements: The plat for a minor subdivision
shall be drawn at a scale of not less than 100 feet to the inch, shall
conform to the provisions of the New Jersey Map Filing Law, N.J.S.A.
46:23-9.9 et seq.,[1] and shall include or be accompanied by the information
specified below:
(a)
All dimensions, both linear and angular, of
the exterior boundaries of the subdivision, all lots and lands reserved
or dedicated for public use shall balance, and their descriptions
shall close within a limit of error of not more than one part in 10,000.
(b)
The minor subdivision shall be based upon a
current boundary survey prepared in accordance with N.J.A.C. 13:40-5.1,
Preparation of Land Surveys, certified to the subdivider and prepared
or recertified not less than 12 months prior to the date of application.
[1]
Editor's Note: Said law was repealed by L.2011, c. 217, § 2,
effective 5-1-2012.
(2)
Title block. A title block shall appear on all sheets
and include:
(a)
Title to read "Minor Subdivision."
(b)
Name of the subdivision, if any.
(c)
Tax Map sheet, block and lot number(s) of the
tract to be subdivided as shown on the latest Township Tax Map, the
date of which shall also be shown.
(d)
Acreage of the tract being subdivided to the
nearest hundredth of an acre.
(e)
Names and addresses of owner and subdivider
so designated.
(f)
Date (of original and all revisions).
(g)
Name, signature, address and license number
of the land surveyor who prepared the map and made the survey (the
plat shall bear the embossed seal of said land surveyor).
(3)
Detailed information.
(a)
A key map (at a scale of not less than one inch
equals 1,000 feet) showing the location of the tract to be subdivided
with reference to surrounding areas, existing streets which intersect
or border the tract, the names of all such streets and any zone district
boundaries and Township boundary which is within 500 feet of the subdivision.
(b)
The names of all owners of and property lines
of all parcels within 200 feet in all directions to the property,
including properties across the street, as shown by the most recent
tax records of the Township.
(c)
All zone district boundaries, Township borders,
existing public easements, Tax Map lot and block numbers, watercourses,
floodways and flood hazard areas within 200 feet, and both the width
of the paving and the width of the right-of-way of each street within
200 feet of the subdivision.
(d)
All existing structures, with an indication
of those which are to be destroyed or removed, and the front, rear
and side yard dimensions of those to remain, referenced to proposed
lot lines.
(e)
All proposed public easements or right-of-way
and the purposes thereof.
(f)
The existing systems of drainage of the subdivision
and of any larger tract of which it is a part, together with information
on how it is proposed to dispose of surface drainage (where required
by the Board or Township Engineer).
(g)
All proposed lot lines and the areas of all
lots in square feet. The areas and dimensions specified shall be shown
to the nearest hundredth of a square foot or hundredth of a linear
foot.
(h)
North arrow.
(i)
Written and graphic scales.
(j)
A copy of any existing or proposed covenants
or deed restrictions applying to the land being subdivided or certification
that none exists. Such certification may be in letter form signed
by a member of the New Jersey Bar, by a title officer or authorized
agent of a title insurance company licensed to do business in New
Jersey.
(k)
Proposed lot and block numbers as assigned by
the Township Assessor in accordance with the digitized lot numbering
system specifications promulgated by the New Jersey Division of Taxation.
(l)
Such other information as the Board and/or Township
Engineer may require or request during the review of the application
for classification and approval as a minor subdivision.
C.
Action on minor subdivision applications.
(1)
By the Planning Board: When an application is referred
to the full Planning Board, the Board will take action within 45 days
of the date of submission of a complete application. Any referrals
by the Subdivision Committee will be made in a timely manner so that
the Board can take action within the time allowed.
(2)
By the Zoning Board of Adjustment:[2] If the application for classification and approval as
a minor subdivision is before the Board of Adjustment, it may be classified
and approved as a minor subdivision by a majority vote of a quorum
of the Board, with or without conditions. [If such action is simultaneous
with action on a variance pursuant to § 155-8K(1)(d) of
this chapter or N.J.S.A. 40:55D-70d, an affirmative vote of at least 2/3
of the full authorized membership of the Board is required.]
(3)
Time limits for minor subdivision approvals; extensions.
[Amended 6-19-1996 by Ord. No. 344-96]
(a)
Minor subdivision approval shall be granted
or denied within 45 days of the date of submission of a complete application
to the Administrative Officer or within such further time as may be
consented to by the applicant. Failure of the Planning Board to act
within the period prescribed shall constitute minor subdivision approval,
and a certificate of the Administrative Officer as to the failure
of the Planning Board to act shall be issued on request of the applicant;
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the County Recording Officer for purposes of filing subdivision plats.
(b)
Except as provided in Subsection C(3)(c), approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.)[3], or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Recording Officer, the Township
Engineer and the Township Tax Assessor. Any such plat or deed accepted
for such filing shall have been signed by the Chairman and Secretary
of the Planning Board. In reviewing the application for development
for a proposed minor subdivision, the Planning Board may be permitted
by ordinance to accept a plat not in conformity with the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that,
if the developer chooses to file the minor subdivision as provided
herein by plat rather than deed, such plat shall conform to the provisions
of said Map Filing Law.
[3]
Editor's Note: Said law was repealed by L.2011, c. 217, § 2,
effective 5-1-2012.
(c)
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection C(3)(b) 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 legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for an 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 the extension either before or after what would otherwise be the expiration date.
(d)
The Planning Board shall grant an extension
of minor subdivision approval for a period determined by the Planning
Board but not exceeding one year from what would otherwise be the
expiration date, if the developer proves to the reasonable satisfaction
of the Planning 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 minor subdivision
approval or the 91st day after the developer receives the last legally
required approval from other governmental entities, whichever occurs
later.
D.
Conditions of approval. Any approval of an application
for development for a minor subdivision granted by the Planning Board
shall be subjected to the following conditions being satisfied prior
to signing of the plat or issuance of a development permit:
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
Installation of or posting of performance guaranties
for the installation of any improvements required by the Board.
(2)
Payment of any outstanding real estate taxes.
(3)
Atlantic County Planning Board approval (if not previously
granted).
(4)
Weymouth Township Municipal Utilities Authority approval
(if not previously granted).
(5)
Submission of additional prints of the plat map and
attachments for distribution (if required).
(6)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary) within the time set forth in § 155-9E of this chapter.
(7)
Any other conditions which may be imposed by the Board
or which may be required by federal, state or municipal law.
E.
Certification. In the event that the application for
development for a minor subdivision is approved, a certification to
that effect in this form:
[Amended 12-2-2015 by Ord. No. 543-2015]
|
Classified and approved as a minor subdivision
by the Township of Weymouth Planning Board on
| ||||
|---|---|---|---|---|
|
|
| |||
|
Attest:
|
Chairman
|
Date
| ||
|
|
|
| ||
|
Secretary
|
Township Engineer
|
Date
| ||
|
This plat (or a deed describing this subdivision)
must be filed in the office of the Clerk of Atlantic County on or
before ___________________________________, which date is 190 days
after approval as a minor subdivision by the Township of Weymouth
Planning Board.
| ||||
A.
Required documents. Prior to issuance of a certificate of completeness, the Administrative Officer (Planning Board Secretary) shall determine that the following have been submitted in proper form. The Administrative Officer may schedule a minor site plan for consideration by the municipal agency upon submission of the items in Subsection A(1) through (8):
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
Township Engineer's report.
(2)
Copy of application for or certification of CAFRA
permit, where required.
(3)
Application for state wetlands permit, where required.
(4)
Other submittals that may be required by the Planning
Board or federal, state or municipal law.
(5)
The application for development for a minor site plan
shall include a request for the granting of any variances required
or other approvals required from the municipal agency.
(7)
Ten copies of a plat and attachments meeting the requirements
set forth below.
(8)
Ten copies of a completed application form.
B.
Plat requirements.
(1)
General requirements:
(a)
Any minor site plan presented to the municipal
agency for its approval shall be drawn, signed and appropriately sealed
by an architect, professional engineer, land surveyor and/or professional
planner and professional land surveyor licensed to practice in the
State of New Jersey.
(b)
Site plans shall not be drawn at a scale smaller
than one inch equals 50 feet nor larger than one inch equals 10 feet.
If the size of the site would require the use of sheets larger than
30 inches by 42 inches in order to show the entire site on one sheet,
the detailed information for the site plan shall be shown in sections
on sheets not larger than 30 inches by 42 inches, which sheets shall
be keyed to an overall plan of the site drawn at a scale of not less
than one inch equals 200 feet.
(c)
The site plan shall be based on a monumented
current, certified boundary survey prepared in accordance with N.J.A.C.
13:40-5.1, Preparation of Land Surveys. The date of the survey and
the name, signature, license number and embossed seal of the professional
land surveyor making same shall be shown on the map. If 12 months
or more have passed since the date of (or date of last recertification
of) the survey, it shall be recertified and, if necessary, brought
up-to-date.
(2)
Title block. The title block shall appear on all sheets
and include:
(a)
Title of "Minor Site Plan."
(b)
Name of the development, if any.
(c)
Tax Map sheet, block and lot number of the site,
as shown on the latest Tax Map, the date of which should also be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and developer,
so designated.
(f)
Name(s), signature(s), addresses(es) and license
number(s) of the engineer, architect, land surveyor or planner who
prepared the plat and their embossed seal.
(g)
If the site plan contains more than one sheet,
each sheet shall be numbered and titled.
(3)
A schedule shall be placed on the site plan indicating:
(a)
The area of the tract and site (the portion
of the tract involved in the site plan).
(b)
The floor area of the existing and proposed
building (listed separately).
(c)
The proposed use or uses and the floor area
devoted to each use.
(d)
The zone district in which the site is located.
(e)
Proposed and required lot dimensions and front,
rear and side setbacks.
(f)
Provided and required off-street parking spaces.
(g)
Square footage and percentage of the site retained
in unoccupied open space.
(4)
North arrow and written and graphic scales.
(5)
Sufficient spot elevations (United States Coastal
Geodetic Survey datum) and/or contour lines to indicate the proposed
system of surface drainage and the relationship of proposed grading
to the land surrounding the site.
(6)
The tops of the banks and boundaries of the floodways
and flood hazard areas of all existing watercourses, where such have
been delineated or the limits of alluvial soils where the boundaries
of floodways and flood hazard areas have not been determined, and/or
such other information as may assist the Planning Board in the determination
of floodway and flood hazard area limits.
(7)
Paving and right-of-way widths of existing streets
within 200 feet of the site.
(8)
The boundary, nature and extent of the wooded areas,
swamps, bogs and ponds within the site and within 200 feet thereof.
Any trees 12 inches or larger on the site as measured at four feet
above the base shall be located by and identified by species name.
(9)
A key map, (at a scale of not less than one inch equals
1,000 feet), showing the location of the site with reference to surrounding
areas, existing streets, the names of all such streets and any zone
district boundaries or Township boundaries which are within 500 feet
of the subdivision.
(10)
The following shall also be required unless
the Administrative Officer determines that they are not necessary
to provide a full understanding of the application:
(a)
Existing at point of connection and all proposed
manholes, sewer lines, waterlines, fire hydrants, utility poles and
all other topographical features of a physical or engineering nature
within the site and within 50 feet thereof.
(b)
All existing structures on the site and within
50 feet thereof, including the use thereof, and indicating those to
be destroyed or removed and those to remain.
(c)
Location, use, finished grade level, ground
coverage, first floor and basement elevations, front, rear and side
setbacks of all buildings and other pertinent improvements.
(d)
Existing and proposed public easements or rights-of-way
and the purposes thereof.
(e)
Zone district boundaries and Tax Map sheet,
lot and block numbers and names of owners of all properties across
any street from or within 50 feet of the site.
(f)
The capacity of off-street parking areas and
the location and dimensions of all access drives, aisles and parking
stalls.
(g)
The location and size of proposed loading docks.
(h)
Location of curbs and sidewalks.
(i)
Cross-section(s) showing the composition of
pavement areas, curbs and sidewalks.
(j)
Exterior lighting plan, including the location,
direction of illumination, amount of illumination expressed in horizontal
footcandles, wattage and drawn details of all outdoor lighting standards
and fixtures.
(k)
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized and planting details for trees, shrubs and/or ground cover. In the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 155-57B(4).
[Amended 8-20-1997 by Ord. No. 349-97]
(l)
Locations of signs and drawn details showing
the size, nature of construction, height and content of all signs.
(m)
Drawn details of the type of screening to be
utilized for refuse storage areas, outdoor equipment and bulk storage
areas.
(n)
Floor plans and building elevation drawings
of any proposed structure or structures, or existing structures to
be renovated.
(o)
Written description of the proposed operations
in sufficient detail to indicate the effects of the use in producing
traffic congestion, noise, glare, air pollution, fire hazards or safety
hazards. The written description of the use, the number of shifts
to be worked, the number of employees in each shift, the number of
vehicles to be stored or parked on the site and provisions to be made
for site maintenance.
(11)
Such other information as the municipal agency
and/or Township Engineer may request during site plan review.
C.
Conditions of approval. Any approval of an application
for development for a minor site plan granted by the municipal agency
shall be subject to the following conditions being satisfied prior
to signing of the site plan or issuance of a development permit:
(1)
Installation and approval of or posting of performance
guaranties for the installation of those improvements which are necessary
to protect adjacent property and public interest in the event development
of the site was not completed.
(2)
Payment of any outstanding real estate taxes.
(3)
Final Atlantic County Planning Board approval (if
not previously granted).
(4)
Weymouth Township Municipal Utilities Authority approval
(if not previously granted).
(5)
Submission of additional prints of the site plan and
attachment for distribution (if required).
(6)
Filing of an appropriate instrument with the Atlantic
County Clerk consolidating the lots constituting the site (if required).
(7)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary) within the time set forth in § 155-9E of this chapter.
[Amended 12-2-2015 by Ord. No. 543-2015]
(8)
Any other conditions which may be imposed by the Planning
Board or which may be required by federal, state, county or municipal
law.
D.
Certification. In the event that the application for
development for a minor site plan is approved, a certification to
that effect in this form:
[Amended 12-2-2015 by Ord. No. 543-2015]
|
Approved as a minor site plan by the Weymouth
Township Planning Board on
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Attest:
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Chairman
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Secretary
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Date
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Township Engineer
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Date
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shall be endorsed on the site plan, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairman and Secretary of the municipal agency after they receive certification from the Administrative Officer (Planning Board Secretary) that all conditions of approval have been satisfied. After signature, the site plan shall be reproduced as provided for in § 155-64G of this chapter, and the signed original shall be returned to applicant.
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E.
Time limit and effect of approval of minor site plans;
extensions.
[Amended 6-19-1996 by Ord. No. 344-96]
(1)
Minor site plan approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the Administrative Officer (Planning Board Secretary) or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
minor site plan approval.
(2)
Whenever review or approval of the application by
the County Planning Board is required by § 8 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.6), the Planning Board 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 thereon within the
required time period.
(3)
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted shall not be changed for a period of two years after the
date of minor site plan approval. The Planning Board shall grant an
extension of this period for a period determined by the Planning Board,
but not exceeding one year from what would otherwise be the expiration
date, if the developer proves to the reasonable satisfaction of the
Planning 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.
A.
Required documents. Prior to issuance of a certificate of completeness, the Administrative Officer (Planning Board Secretary) shall determine that the following have been submitted in proper form. The Administrative Officer may schedule a variance for public hearing upon submission of items in Subsection A(1) through (3).
[Amended 12-2-2015 by Ord. No. 543-2015]
(2)
Ten copies of a plan drawn to scale showing the location
and dimensions of the property and any structures including buildings,
pools, fences and parking areas and indicating any proposed changes.
B.
Conditions of approval. Any approval of an application
for development for variance granted by the municipal agency shall
be subject to the following conditions being satisfied prior to the
issuance of a development permit:
(1)
Payment of any outstanding real estate taxes.
(2)
Publication of a notice to the decision by the Administrative Officer (Planning Board Secretary) within the time set forth in § 155-9E of this chapter.
[Amended 12-2-2015 by Ord. No. 543-2015]
A.
Required documents. Prior to issuance of a certificate of completeness, the Administrative Officer (Planning Board Secretary) shall determine that the following has been submitted in final form. The Administrative Officer may schedule a preliminary plat of a major subdivision for public hearing upon submission of the items in Subsection A(1) through (8).
(1)
Township Engineer's report.
(2)
Copy of application for granting of a CAFRA permit,
where required and if submitted.
(3)
Application for NJDEPE wetlands or tidelands permit,
where required.
(4)
Other submittals which may be required by the Township
Engineer, Planning Board, or federal, state or municipal law.
[Amended 12-2-2015 by Ord. No. 543-2015]
(5)
The application for development for a preliminary
plat of a major subdivision shall include a request for the granting
of any variances required.
(7)
Ten copies of a plat and attachments meeting the requirements
set forth below.
(8)
Ten copies of a completed application form.
B.
Plat requirements.
(1)
General requirements. All plats containing proposals
or designates for drainage, streets and subdivision layouts shall
be prepared by a professional engineer licensed to practice in the
State of New Jersey and shall bear the address, signature, embossed
seal and license number of said professional engineer. The preliminary
plat shall be based on a land survey conducted not more than five
years prior to the date of application and certified to the subdivider
and shall be drawn at a scale of not less than 100 feet to the inch
for subdivisions up to 100 acres in size, and not less than 200 feet
to the inch for subdivisions over 100 acres in size, and shall show
or be accompanied by the information specified below.
(2)
Title block. The title block shall appear on all sheets
and include:
(a)
"Preliminary Plat — Major Subdivision."
(b)
Name of subdivision, if any.
(c)
Tax Map sheet, block and lot number(s) of the
tract to be subdivided as shown on the latest Township Tax Map, the
date of which shall also be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and subdivider,
so designated.
(f)
Name(s), signature(s), address(es) and license
number(s) of the engineer and/or land surveyor who prepared the map.
(The plat shall bear the embossed seal of said engineer and land surveyor).
(3)
A key map at a scale of not less than one inch equals
1,000 feet showing the location of the tract to be subdivided, with
reference to surrounding areas, existing streets which intersect or
border the tract, the names of all such streets and any zone boundary
or Township boundary which is within 500 feet of the subdivision.
(4)
A schedule shall be placed on the map indicating the
acreage of the tract, the number of lots, the zone district, the minimum
required lot areas, setbacks, yards and dimensions.
(5)
Zone district boundaries, Township borders and the
names of all owners, lot and block numbers and property lines of parcels
within 200 feet of the land to be subdivided including properties
across the street, as shown by the most recent records of the Township
or of the municipality of which the property is a part.
(6)
The preliminary plat shall be based on a current certified
boundary survey as required above with sufficient lines of the adjoining
tracts surveyed to establish any overlap or gap between the adjoining
boundary lines and the boundary lines of the tract in question and
prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land
Surveys. The date of the survey and the name of the person making
the same shall be shown on the map.
(7)
Contours:
(a)
Existing one-foot interval contours based on
United State Coast and Geodetic Survey datum (MSL=O) shall be shown
extending a minimum of 100 feet behind the boundary of the tract in
question and shall be certified by a New Jersey licensed land surveyor
or professional engineer as to accuracy, except that where the slopes
exceed 5%, a two-foot interval may be used, and if the slopes exceed
10%, a five-foot interval is permissible. The source of elevation
datum base shall be noted. If contours have been established by aerial
photography, a check profile shall be made on the boundary line of
the tract and certified by a New Jersey licensed land surveyor.
(b)
Ninety percent of elevations interpolated from
contour lines will be within 1/2 the contour interval when referred
to the nearest benchmark. All spot elevations shall be to the nearest
one-tenth (0.5) foot and accurate to within 0.3 foot.
(c)
Ninety percent of all planimetric features shown
on the map will be within 1/40 inch of their true position, and
no planimetric features will be out of true position more than 1/20
inch as map scale when referenced to the nearest field-established
station. A statement of compliance and/or a complete statement concerning
any areas of noncompliance with this requirement shall be placed on
the tentative plat.
(8)
All existing streets, public easements, watercourses,
floodways and flood hazard areas within the proposed subdivision and
within 200 feet of the boundaries thereof, including both the width
of the paving and the width of the right-of-way of each street within
200 feet of the subdivision.
(9)
All existing structures, an indication of those which
are to be destroyed or removed, and the front, rear and side yard
dimensions of those to remain.
(10)
The boundaries, nature, extent and acreage of
wooded areas and other important physical features, including swamps,
bogs and ponds within the proposed subdivision and within 200 feet
thereof.
(11)
The layout of the proposed subdivision drawn
in compliance with the provisions of this chapter.
(12)
All proposed public easements or rights-of-way
and the purposes thereof, and proposed streets within the proposed
subdivision. The proposed streets shall show the right-of-way and
proposed pavement width.
(13)
The existing system of drainage of the subdivision
and of any larger tract of which it is a part, together with information
on how it is proposed to dispose of surface drainage.
(14)
The acreage of the drainage area or areas of
each natural or man-made watercourse traversing the subdivision, including
the area within the subdivision and the area upstream from the subdivision.
(15)
All proposed lot lines and areas of all lots
in square feet. The areas and dimensions specified should be accurate
to within –0% and +4% (for example, a lot line specified as
250 feet long should not be less than 250 feet but may be as long
as 260 feet).
(16)
North arrow and basis therefor and written and
graphic scales.
(17)
Preliminary utility layouts showing methods
of connection and sources of service. Prior to public hearing for
preliminary subdivision plat, the developer shall provide written
certification that he or she has contacted the involved servicing
utility companies and has received their detailed specific installation
standards. It will be the developer's responsibility to then integrate
the various design standards and achieve optimum coordinated design.
(18)
The proposed location and area, in acres or
square feet, of all proposed common open space areas.
(19)
The types and locations of all stakes, marks
or flagged points, if any, placed on the property to aid in on-site
inspections. The Planning Board may require the marks or stakes, as
a minimum, be placed at the intersection of all lines of the tract
boundary with existing streets, at the center of all culs-de-sac,
at all internal street intersections, along street tangents, at intervals
not exceeding 500 feet and at such additional locations as the Planning
Board may deem necessary. The locations indicted on the plat shall
be accurate within plus or minus 10 feet. Any traverse lines cut out
and/or marked on the site shall be shown on the plan. If such on-site
points, as above discussed, have not been established at the time
of submission of a tentative plat, the Planning Board may give the
subdivider 15 days' notice of the date of any proposed site inspection
by the Board, so the points can be set.
(20)
The tentative plat shall show on the property
to be subdivided and within 300 feet of that property all existing
paper streets, dirt roads, paved streets, curbs, manholes, sewer lines,
water and gas pipes, utility poles, ponds, swamps and all other topographical
features of a physical or engineering nature.
(21)
Preliminary on-site grading and drainage plan:
(a)
The preliminary plat shall show or be accompanied
by a preliminary grading and drainage plan which shall show locations
of all existing and proposed drainage swales and channels, retention-recharge
basins, the scheme of surface drainage and other items pertinent to
drainage, including the approximate proposed grading contours at one-foot
intervals, except if slopes exceed 5%, a two-foot interval may be
used, and if they exceed 10%, a five-foot interval is permissible.
Datum shall be United States Coast and Geodetic Survey datum (MSL=O),
and the source of datum shall be noted.
(b)
The plan shall outline the approximate area
contributing to each inlet.
(c)
All proposed drainage shall be shown with preliminary
pipe type and sizes, invert elevations, grades, and direction of flow,
the direction of flow of all surface waters and all watercourses shall
be shown.
(d)
The preliminary grading and drainage plan shall
be accompanied by drainage calculations made in accordance with standards
set forth in this chapter.
(22)
Preliminary off-site drainage plan. The preliminary
plat shall also be accompanied by a preliminary off-site drainage
plan prepared in accordance with the following standards:
(a)
The plan shall consist of an outline of the
entire drainage basin in which the property to be subdivided is located.
The terminus of the basin and existing ground contours or other basis
for determining basin limits shall be shown.
(b)
Pertinent off-site existing drainage, which
receives or discharge runoff from or onto the site, shall be shown
with elevations of inverts, pipe types, and sizes or other appropriate
physical data for open or nonpipe conduits.
(c)
To the extent that information is available
and may be obtained from the County or Township Engineer(s), any existing
plans for drainage improvements shall be shown.
(d)
In the event a temporary drainage system is
proposed, tentative plans of that system shall be shown.
(23)
Boring logs. Unless the Township Engineer shall
determine that less boring logs are required or that some or all of
the boring lots may be deferred to the final plat stage, the preliminary
plat shall be accompanied by a set of boring logs and soil analyses
for borings made in accordance with the following requirements:
(a)
Borings shall be spaced evenly throughout the
tract.
(b)
One boring not less than 15 feet below the proposed
grade or 20 feet minimum depth shall be made for every five acres,
or portion thereof, of land within a tract where the water table is
found to be 10 feet below the proposed or existing grade.
(c)
One additional boring shall be made per acre,
or portion thereof, in those areas where the water table is found
to be less than 10 feet below the proposed or existing grade.
(d)
In addition to the above, in those areas where
the water table is found to be five feet or less below the existing
or proposed grade, two additional borings per acre, or portion thereof,
will be required. If construction of homes with basements is contemplated,
at least one boring will be located on each lot within the building
setback lines.
(e)
Boring logs shall show types and characteristics
encountered, groundwater depth, the methods and equipment used, the
name of the firm making the borings and the name of the person in
charge of the boring operation. The boring logs shall also show surface
elevations to the nearest 1/10 foot.
(f)
Based on the borings, the preliminary plat shall
clearly indicate all areas having a water table within two feet of
the existing surface of the land, or within two feet of proposed grade,
or all areas within which two feet or more of fill is contemplated
or has previously been placed.
(24)
The location, dimensions, area and disposition
of any park and recreation areas shall be shown and noted on the preliminary
plat and shall be subject to the approval of the Planning Board.
(25)
Sectionalization and staging plans. The preliminary
sectionalization and staging plan showing the following:
(a)
If the subdivision is proposed to be filed for
final approval in sections, the plan shall show each such section
and the anticipated date of filing for each section. The staging of
the various sections in the subdivision shall be such that if development
of the subdivision were to be discontinued after the completion of
any section, the developed portion of the subdivision would be provided
with adequate street drainage and utility systems. The size and staging
of the section in a subdivision shall be established to promote orderly
development and shall be subject to the approval of the Board.
(b)
The sectionalization and staging plan shall
identify for each lot or groups of lots in the subdivision those improvements
that will be completed prior to application for certificates of occupancy.
The plan should demonstrate that the staging of construction will
minimize adverse affects upon occupied buildings in the subdivision
and adjoining properties.
(26)
If the Township Engineer, Planning Board or
Environmental Commission determines that existing trees located on
the site may have an effect on the proper layout of the subdivision,
it may be required that the location, caliper and type be shown on
the plat for the following:
[Amended 12-2-2015 by Ord. No. 543-2015]
(a)
Living deciduous trees having a trunk of four
inches diameter or more measured at four feet above grade.
(b)
All living coniferous trees having a trunk of
four inches or more diameter measured at four feet above grade.
(c)
All living dogwood (Cornus florida) or American
Holly (Ilex opaca) trees having a trunk of one inch or greater diameter
at four feet above grade.
(d)
All native laurel (Kalmia latifolia) shrubs
having a root crown of three inches or greater measured at the soil
or surface level.
(27)
The location of proposed depressed pedestrian
ramps and other facilities for the handicapped.
(28)
Such other information as the Board and/or Township
Engineer may require or request during the review of the preliminary
plat.
C.
Conditions of approval.
(1)
Any approval of an application for development for
a preliminary plat of a major subdivision by the Planning Board shall
be subject to the following conditions being satisfied prior to the
signing of the plat:
[Amended 12-2-2015 by Ord. No. 543-2015]
(a)
Submission of additional prints of the plat
and attachments for distribution (if required).
(b)
Preliminary Atlantic County Planning Board approval
(if not previously granted).
(c)
Preliminary Township of Weymouth Municipal Utilities
Authority approval (if not previously granted).
(d)
Publication of the decision of the Board by the Administrative Officer (Planning Board Secretary) within the time set forth in § 155-9E of this chapter.
(e)
Any other conditions which may be imposed by
the Board or may be required by federal, state, county or municipal
law.
(2)
The Board may also condition its preliminary approval
upon the applicant providing for certain revisions or additions on
the final plat submission.
D.
Certification. In the event that the application for
development for a preliminary plat of a major subdivision is approved,
a certificate to that effect in this form:
[Amended 12-2-2015 by Ord. No. 543-2015]
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Approved as a preliminary plat of a major subdivision
by the Weymouth Township Planning Board on
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Attest:
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, Chairman
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Secretary
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Date
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Township Engineer
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Date
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shall be endorsed on the preliminary plan and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board after they receive certification from the Administrative Officer (Planning Board Secretary) that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in § 155-64 of this chapter and the signed original shall be returned to the applicant.
| ||
E.
Time limits for preliminary approval.
(1)
Upon submission of a complete application to the Administrative
Officer (Planning Board Secretary) for a subdivision of 10 or fewer
lots, the Planning Board shall grant or deny preliminary approval
within 45 days of the date of such submission or within such further
time as may be consented to by the developer. Upon submission of a
compete application to the Administrative Officer (Planning Board
Secretary) for a subdivision of more than 10 lots, the Planning Board
shall grant or deny preliminary approval within 95 days of the date
of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval of the major subdivision.
F.
Effects of preliminary approval of major subdivision.
[Amended 6-19-1996 by Ord. No. 344-96]
(1)
Preliminary approval of a major subdivision shall,
except as provided in herein, 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 pursuant to N.J.S.A. 40:55D-41; except that nothing
herein shall be construed to prevent the Township 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 subdivision plat; and
(c)
That 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.
(2)
In the case of a subdivision of an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection F(1)(a), (b) and (c) of this section for such period of time, 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. 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 number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that, if the design standards have been revised, such revised standards may govern.
(3)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection F(1)(c) or (2) 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.
(4)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Planning Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Planning 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 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 Subsection F(1)(c) and (2).
G.
Improvements not to be installed. Approval of a preliminary
plat shall not confer upon the developer the right to undertake any
clearing, grading and/or to install any improvements prior to final
plat approval unless if shall be determined by the Planning Board
and the Township Engineer that such clearing, grading and/or installation
of improvements would not hinder future development of physical or
aesthetic problems in the event that further development of the subdivision
is not undertaken and the required inspection fees have been paid
and adequate performance guaranties have been posted to provide for
the cost of the Township of performing work that may be necessary
to protect adjacent property owners and the public interest in the
event that such clearing, grading and/or installation of improvement
is not completed and/or further development of the subdivision is
not undertaken. Such performance guaranties shall include but are
not limited to the cost of the Township of providing erosion control
facilities, seeding or otherwise stabilizing the site, drainage facilities
necessary to protect off-tract acres from flooding, screening or fencing
that may be required and all improvements to be undertaken which are
within existing public rights-of-way of easements.
[Amended 12-2-2015 by Ord. No. 543-2015]
A.
Required documents. Prior to issuance of a certificate of completeness, the Administrative Officer shall determine that the following has been submitted in proper form. The Administrative Officer may schedule a preliminary plat of a major site plan for public hearing upon submission of the items in Subsection A(1) through (8):
(1)
Township Engineer's report.
(2)
Copy of application for a CAFRA permit, where required
and if submitted.
(3)
Application of NJDEPE wetlands permit, where required.
(4)
Other submittals that may be required by the Township
Engineer, Planning Board, or federal, state, county or local law.
[Amended 12-2-2015 by Ord. No. 543-2015]
(5)
The application for development for a preliminary
plat of a major site plan shall include a request for the granting
of any variances required.
(7)
Ten copies of a plat and attachments meeting the requirements
set forth below.
(8)
Ten copies of a completed application form.
B.
Plat requirements.
(1)
General requirements:
(a)
Any preliminary plat of a major site plan presented
to the Planning Board for its approval shall be signed and appropriately
sealed by an architect, professional engineer, land surveyor and/or
professional planner licensed to practice in the State of New Jersey;
provided, however, that sanitary sewer, water distribution and storm
drainage plans and water and sewage treatment plans may only be signed
and sealed by a professional engineer.
[Amended 12-2-2015 by Ord. No. 543-2015]
(b)
Site plans shall not be drawn at a scale smaller
than one inch equals 50 feet nor larger than one inch equals 10 feet.
If the size of the site would require the use of sheets larger than
30 inches by 42 inches in order to show the entire site on one sheet,
the detailed information for the site plan shall be shown in sections
on sheets not larger than 30 inches by 42 inches, which sheets shall
be keyed to an overall plan of the site drawn at a scale of not less
than one inch equals 200 feet.
(c)
The site plan shall be based on a monumented,
current certified boundary survey. The date of the survey and the
name of the person making same shall be shown on the map. If 12 months
or more has passed since the date of (or date of last recertification
of) the survey, it shall be recertified and, if necessary, brought
up-to-date.
(2)
Title block: The title block shall appear on all sheets
and include:
(a)
Title to read "Preliminary Plat - Major Site
Plan."
(b)
Name of the development, if any.
(c)
Tax Map sheet, block and lot number of the site,
as shown on the latest Township Tax Map, the date of which should
also be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and developer,
so designated.
(f)
Names, signatures, addresses and license numbers
of engineer, architect, land surveyor or planner who prepared the
plan and their embossed seal(s).
(g)
If the site plan contains more than one sheet,
each shall be numbered and titled.
(3)
A schedule shall be placed on the site plan indicating:
(a)
The acreage of the tract and site (the portion
of the tract involved in the site plan).
(b)
The floor area of the existing and proposed
buildings (listed separately).
(c)
The proposed use or uses and the floor area
devoted to each use.
(d)
The zone district in which the site is located.
(e)
Proposed and required lot dimensions and front,
rear and side setbacks.
(f)
Proposed and required off-street parking spaces.
(g)
Square footage and percentage of the site retained
in unoccupied open space and occupied by buildings.
(4)
North arrow and written and graphic scales.
(5)
The tops of the banks and boundaries of the floodways
and flood hazard areas of all existing watercourses, where such have
been delineated or the limits of alluvial soils where the boundaries
of floodways and flood hazard areas have not been determined, and/or
such other information as may assist the Board in the determination
of floodway and flood hazard area limits.
(6)
Paving and right-of-way widths of existing streets
within 200 feet of the site.
(7)
The boundary, nature, and extent of wooded areas,
swamps, bogs and ponds within the site and within 200 feet thereof.
(8)
Existing and proposed manholes, sewer lines, fire
hydrants, waterlines, utility poles and all other topographical features
of a physical or engineering nature within the site and within 200
feet thereof.
(9)
All existing structures on the site and within 200
feet thereof, including their use, indicating those to be destroyed
or removed and those to remain.
(10)
Location, use, finished grade level, ground
coverage, first floor and basement elevations, front, rear and side
setbacks of all existing buildings and other pertinent improvements.
(11)
Existing and proposed public easement or rights-of-way
and the purposes thereof.
(12)
A grading plan showing existing and proposed
grading contours at one-foot intervals throughout the tract, except
if slopes exceed 5%, a two-foot interval may be used, and if they
exceed 10%, a five-foot interval is permissible. Datum shall be United
States Coast and Geodetic Survey datum (MSL-O) and source of datum
shall be noted. In addition to proposed grading contours, sufficient
additional spot elevations shall be shown to clearly delineate proposed
grading.
(13)
On-site drainage plan:
(a)
The drainage plan shall be presented in graphic
form which shall clearly show the street and lot layout and those
items which are pertinent to drainage including existing and proposed
contours as previously required.
(b)
The plan shall outline each area contributing
to each inlet.
(c)
All proposed drainage shall be shown with pipe
type and sizes, invert and grate or rim elevations, grades and direction
of flow. The direction of flow of all surface waters and of all streams
shall be shown.
(d)
The drainage shall be accompanied by complete
drainage calculations made in accordance with the standards set forth
in this chapter.
(14)
Off-site drainage plan: The plat shall also
be accompanied by an off-site drainage plan prepared in accordance
with the following standards:
(a)
The plan shall consist of an outline of the
entire drainage basin in which the site is located. The terminus of
the basin and existing ground contours or other basis for determining
basin limits shall be shown.
(b)
The pertinent off-site existing drainage shall
be shown with elevations of inverts and grates to the nearest 1/10
foot.
(c)
To the extent that information is available
and may be obtained from the County or Municipal Engineer, any existing
plans for drainage improvements shall be shown.
(d)
In the event that a temporary drainage system
is proposed, full plans of that system shall be shown.
(e)
The off-site drainage plans shall be accompanied
by profiles of all proposed drainage, showing existing details, pipe
sizes, type, inverts, crowns, slopes; all proposed structures and
connections and design hydraulic grade lines for all conduits designed
to carry 40 or more cubic feet per second. Cross-sections at intervals
not exceeding 100 feet shall be shown for all open channels.
(15)
If required by the Township Engineer, center
lines profiles of streets bordering the site, internal roadways, and
major circulation aisles showing:
(16)
Boring logs: Unless the Township Engineer shall
determine that less boring logs are required or that some or all of
the boring logs may be deferred to the final plat stage, the site
plan shall be accompanied by a set of boring logs and soil analyses
for borings made in accordance with the following requirements:
(a)
Borings shall be spaced evenly throughout the
site.
(b)
One boring not less than 15 feet below grade
or 20 feet minimum depth shall be made for every five acres (or portion
thereof) of land where the water table is found to be 10 feet or more
below proposed or existing grade at all boring locations.
(c)
One additional boring shall be made per acre
(or portion thereof) in those areas where the water table is found
to be less than 10 feet below proposed or existing grade.
(d)
In addition to the above, in those areas where
the water table is found to be five feet or less below existing or
proposed grade, two additional borings per acre (or portion thereof)
will be required if construction of basements in contemplated. Borings
shall be located where such basements are proposed.
(e)
Boring logs shall show soil types and characteristics
and equipment used, formal request and a detailed plan meeting the
requirements of the New Jersey Department of Transportation. The Township
Engineer will advise the developer regarding the details of such a
plan.
(17)
The location and size of proposed loading docks.
(18)
Location of curbs and sidewalks.
(19)
Cross-sections showing the composition of pavement
areas, curbs and sidewalks.
(20)
Exterior lighting plan, including the location,
direction of illumination, amount of illumination expressed in horizontal
footcandles, wattage and drawn details of all outdoor lighting standards
and fixtures.
(21)
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub, the location, type and amount of each type or ground over to be utilized, and plant list and planting details for trees, shrubs and/or ground cover. In the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 155-57.
[Amended 8-20-1997 by Ord. No. 349-97]
(22)
Location of signs and drawn details showing
the size, nature of construction, height and content of all signs.
(23)
Drawn details of the type of screening to be
utilized for refuse storage areas, outdoor equipment and bulk storage
areas.
(24)
Floor plans and building elevation drawings
of any proposed structure or structures, or existing structures to
be renovated.
(25)
Location of handicapped facilities including
parking spaces and ramps (where applicable).
(26)
If the Township Engineer, Planning Board or
Environmental Commission determines that existing trees located on
the site may have an effect on the proper layout of the site, it maybe
required that the location, caliper and type be shown on the plat
for the following:
(a)
Living deciduous trees having a trunk diameter
of four inches or more at breast height.
(b)
All living coniferous trees having a trunk of
four inches or more at breast height.
(c)
All living dogwood (Cornus florida) or American
holly (Ilex opaca) trees having a trunk of one inch or greater at
breast height.
(d)
All native laurel (Kalmia latifolia) shrubs
having a root crown of three inches or greater measured at the soil
or surface level.
(27)
Sectionalization and staging plan: Developers
of large uses such as shopping center, multifamily dwellings, industrial
parks or other such use proposed to be developed in stages shall submit
a sectionalization and staging plan showing the following:
(a)
The anticipated date for commencing construction
of each section or stage. The staging of development on the site shall
be such that if development of the site were discontinued after the
completion of any stage, the developed portion of the site would comply
in all respects to the requirements of this chapter and be provided
with adequate drainage and utility systems.
(b)
Those improvements that will be completed in
each stage prior to application for certificate of occupancy. The
plan should demonstrate that the staging of construction will minimize
adverse affects upon occupied buildings in the site and adjoining
properties.
(28)
Written description of the proposed operations
in sufficient detail to indicate the effects of the use in producing
traffic congestion, noise, glare, air pollution, fire hazards or safety
hazards. The written description shall also include the hours of operation
of the use, the number of shifts to be worked, the number of employees
in each shift, the number of vehicles to be stored or parked on the
site, and provisions to be made for site maintenance.
(29)
Such other information as the municipal agency
and/or Township Engineer may request during site plan review.
C.
Conditions of approval.
(1)
Any approval of an application for development for
a preliminary plat of a major site plan by the Planning Board shall
be subject to the following conditions being satisfied prior to the
signing of the plat:
[Amended 12-2-2015 by Ord. No. 543-2015]
(a)
Submission of additional prints of the plat
and attachments for distribution (if required).
(b)
Preliminary Atlantic County Planning Board approval
(if not previously granted).
(c)
Tentative Weymouth Township Municipal Utilities
Authority approval (if not previously granted).
(d)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary) in accordance with § 155-9E of this chapter.
(e)
Any other conditions which may be imposed by
the Board or may be required by federal, state, county or municipal
law.
(2)
The Board may also condition its preliminary approval
upon the applicant providing for certain revisions or additions on
the final plat submission.
D.
Certification. In the event that the application for
development for a preliminary plat of a major subdivision is approved,
a certification to that effect in this form:
[Amended 12-2-2015 by Ord. No. 543-2015]
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Approved as a minor site plan by the Weymouth
Township Planning Board on
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Attest:
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Chairman
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Secretary
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Date
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Township Engineer
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Date
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shall be endorsed on the preliminary plat and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the municipal agency after they receive certification from the Administrative Officer (Planning Board Secretary) that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in § 155-64G of this chapter, and the signed original shall be returned to the applicant.
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E.
Time limits for approval. Upon the submission to the
Administrative Officer (Planning Board Secretary) of a complete application
for a site plan which involves 10 acres of land or less, and 10 dwelling
units or less, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the developer. Upon submission
of a complete application for a site plan which involves more than
10 acres, or more than 10 dwelling units, the Planning Board shall
grant or deny preliminary approval within 95 days of the date of such
submission or within such further time as may be consented to by the
developer. Otherwise, the Planning Board shall be deemed to have granted
preliminary approval of the site plan.
[Amended 12-2-2015 by Ord. No. 543-2015]
F.
Effects of preliminary approval of major site plan.
[Amended 6-19-1996 by Ord. No. 344-96]
(1)
Preliminary approval of a site plan shall, except
as provided herein, 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 pursuant to N.J.S.A. 40:55D-41; except that nothing
herein shall be construed to prevent the Township 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 site plan; and
(c)
That 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.
(2)
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection F(1)(a), (b) and (c) for such period of time, 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. 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 number of dwelling units and nonresidential floor are permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that, if the design standards have been revised, such revised standards may govern.
(3)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection F(1)(c) or (2) 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.
(4)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Planning Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Planning 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 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 Subsection F(1)(c) or (2).
G.
Improvements not to be installed. Approval of a preliminary
plat shall not confer upon the developer the right to undertake any
clearing, grading and/or to install any improvements prior to final
plat approval unless it shall be determined by the Planning Board
and the Township Engineer that said clearing, grading and/or installation
of improvements would not hinder future development or create physical
or aesthetic problems in the event that further development of the
site plan is not undertaken and that required inspection fees have
been paid, and adequate performance guaranties have been posted to
provide for the cost to the Township of performing work that may be
necessary to protect adjacent property owners and the public interest
in the event that such clearing, grading and/or installation of improvements
is not completed and/or further development of the site is not undertaken.
Such performance guaranties shall include but are not limited to the
cost of the Township of providing erosion control facilities, seeding
or otherwise stabilizing the site, drainage facilities necessary to
protect off-tract areas from flooding, screening or fencing that may
be required and all improvements to be undertaken which are within
existing public rights-of-way or easements.
[Amended 12-2-2015 by Ord. No. 543-2015]
A.
Required documents. Prior to issuance of a certificate
of completeness or scheduling of a final plat of a major subdivision
for public hearing, the Administrative Officer (Planning Board Secretary)
shall determine that the following have been submitted in proper form:
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
Township Engineer's report.
(2)
Application for land disturbance permit from Cape
Atlantic Soil Conservation District.
(3)
Application of NJDEPE wetlands permit, where required.
(4)
Application of NJDEPE stream encroachment permit,
where required.
(5)
Where applicable, a copy of the permit issued, or
if the permit has not been issued, the application filed with the
New Jersey Department of Environmental Protection and Energy, under
the Coastal Area Facility Review Act. Copies of the environmental
impact statement and any attachments thereto filed in accordance with
the provisions of the regulations adopted thereto, or, the alternate,
a statement issued by the Department of Environmental Protection and
Energy or Pinelands Commission that the proposed development is exempt.
(6)
A certificate of title, which may be on the plat (signed
by the owner and notarized) or in letter form, signed by a member
of the New Jersey Bar or by a title officer or authorized agent of
a title insurance company licensed to do business in the State of
New Jersey, which certificate shall confirm that the owner of the
premises in question is the owner as shown on the plat.
(7)
Other submittals that may be required by the Township
Engineer, Planning Board, or federal, state, county or municipal law.
(8)
Unless waived by the Board, a formal request, in appropriate
statutory form, requesting that the applicable provisions of N.J.S.A.
39:1-1 et seq. be made applicable to the site in order to permit police
regulation of traffic control devices prior to acceptance of streets.
(10)
Ten copies of the plat and attachments meeting
the requirements set forth below.
B.
Plat requirements.
(1)
General requirements. A final plat may, for all or
any portion of an approved preliminary plat, be submitted to the municipal
agency within three years of the date of approval of the preliminary
plat. In general, all requirements set forth in this chapter for tentative
plats shall apply to final plats with the addition of the specific
requirements set forth herein.
(b)
All dimensions, both linear and angular, of
the exterior boundaries of this subdivision and all lots and all lands
reserved or dedicated for public use shall balance and their description
shall close within a limit of error of not more than one part in 10,000.
(c)
Unless specifically waived by the Township Engineer,
the bearing system used on the exterior boundaries of the final plat
shall conform to the New Jersey State Plane Coordinate System or the
plat shall show bearings based on said system in addition to any other
bearings shown. When multiple bearing systems are shown, the bearings
conforming to the New Jersey State Plane Coordinate System shall be
enclosed in brackets.
(d)
Unless specifically waived by the Township Engineer,
coordinates, based on the New Jersey State Plane Coordinate System
(x and y) shall be shown, individually or in tabular form, for the
monumented (existing or proposed) corners of the exterior boundary
of the tract.
(e)
The source of New Jersey State Plane Coordinate
System information shown as required above shall be noted on the final
plat.
(2)
Purpose of final plat. A final plat and supporting
drawings and documents for a proposed subdivision constitute the complete
and fully detailed and documented development of the subdivision proposal
and becomes the basis for the construction of the subdivision and
inspection by the Township Engineer, other officials and Planning
Board. The portion of the plat intended for filing must be recorded
at the County Clerk's office to have legal status.
[Amended 12-2-2015 by Ord. No. 543-2015]
(3)
Title block. The title block shall appear on all sheets
and include:
(a)
Title to read: "Final Plat - Major Subdivision."
(b)
Development name, if any.
(c)
Tax Map sheet, block and lot number(s) of the
tract to be subdivided as shown on the latest Township Tax Map, the
date of which shall also be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and subdivider,
so designated.
(f)
The names, signatures, addresses and license
numbers of the engineer and land surveyor who prepared the map. (The
plat shall bear the embossed seal of said engineer and land surveyor).
(4)
The final plat shall be based on a monumented, current,
certified boundary survey prepared in accordance with N.J.A.C. 13:40-5.1,
Preparation of Land Surveys. The date of the survey and the name of
the person making the same shall be shown on the map. If 12 months
or more have passed since the date or dates of last recertification
of the survey, it shall be certified and, if necessary, brought up-to-date.
Any necessary revisions from the survey used as a base for the tentative
plat shall be specifically noted.
(5)
A schedule shall be places on the map indicating the
acreage of the tract, the number of lots, the zone, the minimum required
lot areas, setbacks, yards and dimensions.
(6)
All design information and submissions required by
the provisions of the improvements and design standards portions of
this chapter shall accompany the final plat.
(7)
A grading plan showing existing and proposed grading
contours at one foot intervals throughout the tract, except if slopes
exceed 5% a two-foot interval may be used, and it they exceed 10%,
a five-foot interval is permissible. Datum shall be United States
Coast and Geodetic Survey datum (MSL=O) and source of datum shall
be noted. In addition to proposed grading contours, sufficient additional
spot elevations shall be shown to clearly delineate proposed grading,
including corner elevations of buildings and first floor and basement
elevations.
(8)
The limits of all areas of proposed cuts and fills
(exclusive of excavations for basements) shall be clearly designated.
(9)
On-site drainage plan:
(a)
The drainage plan shall be presented in graphic
form which shall clearly show the street and lot layout and those
items which are pertinent to drainage including existing and proposed
contours as previously required.
(b)
The plan shall outline each area contributing
to each inlet.
(c)
All proposed drainage shall be shown with pipe
type and sizes, invert and grate or rim elevations, grades and direction
of flow. The direction of flow of all surface waters and of all streams
shall be shown.
(d)
The drainage plan shall be accompanied by complete
drainage calculations made in accordance with standards set forth
herein.
(10)
Off-site drainage plan: The final plat shall
also be accompanied by an off-site drainage plan prepared in accordance
with the following standards:
(a)
The plan shall consist of an outline of the
entire drainage basin in which the property to be subdivided is located.
The terminus of the basin and existing ground contours or other basis
for determining basin limits shall be shown.
(b)
The pertinent off-site existing drainage shall
be shown with elevations of inverts and grade to the nearest one-tenth
of a foot.
(c)
To the extent that information is available
and may be obtained from the Township, county or adjacent municipality
engineers, any existing plans for drainage improvements shall be shown.
(d)
In the event a temporary drainage system is
proposed, full plans of that system shall be shown.
(e)
The off-site drainage plans shall be accompanied
by profiles of all proposed drainage, showing existing and proposed
finished grades, channel section details, pipe sizes, type, inverts,
crowns and slopes; all proposed structures and connections and design
hydraulic grade lines for all conduits designed to carry 40 or more
cubic feet per second. Cross-sections at intervals not exceeding 100
feet shall be shown for all open channels.
(12)
Where required by the Township Engineer, cross-sections
of proposed streets to at least 10 feet outside of any grading limit
at intervals of at least every 100 feet of all proposed streets.
(13)
Where required by the Planning Board or Environmental
Commission, the location, caliper and type of all:
[Amended 12-2-2015 by Ord. No. 543-2015]
(a)
Living deciduous trees having a trunk of four
inches or greater in diameter at a height of four feet.
(b)
All living coniferous trees having a trunk of
four inches or greater in diameter at a height of four feet.
(c)
All living dogwood (Cornus florida) or American
Holly (Ilex opaca) trees having a trunk of one inch or greater in
diameter at a height of four feet.
(d)
All native laurel (Kalmia latifolia) shrubs
having a root crown of three inches or greater measured at the soil
or surface level.
(14)
The number, location and species of all proposed
trees, shrubs and/or ground cover plant materials and planting details
of the same.
(15)
Utility layouts, specifications and cross-sections
(sewers, water, gas, electric, telephone, etc.), showing feasible
connections to any existing or proposed utility systems; provided,
however, that detailed layouts of gas, electric and telephone lines
are not required. An indication of these on a typical road cross-section
shall be sufficient. Layouts shall include proposed locations of street
lights and fire hydrants. If private utilities are proposed, they
shall comply with all local, county and state regulations.
(16)
The tops of the banks and boundaries of the
floodways and flood hazard areas of all existing watercourses, where
such have been delineated or the limits of alluvial soils where boundaries
of floodways and flood hazard areas have not been determined, and/or
such other information as may assist the Board in the determination
of floodway and flood hazard area limits.
(17)
Tract boundary lines, right-of-way lines of
streets, easements and other rights-of-way land to be reserved or
dedicated to public use, all lot lines and site easement lines, with
accurate dimensions and bearings and radii, tangents, chords arcs
and central angles of all curves and all front, rear and side (or
yard) setback lines.
(19)
Certificate of professional land surveyor as
to accuracy of the details of the plat.
(20)
Lot and block numbers shown on the final plat
shall conform to the Township Tax Map (or proposed revisions thereof)
and shall be obtained by the applicant's engineer and/or surveyor
from the Township Engineer. Proposed house numbers shall also be obtained
from the Township Engineer and shall be shown encircled on the final
plat, or on one of the attachments thereto. The Township Engineer
shall not affix his or her signature to the final plat unless the
applicant has fully complied in this regard.
(21)
Subdivision names and street names shown on
the final plat shall not be the same or similar to any name of any
existing subdivision or street in the Township and shall be approved
by the Township Engineer.
(22)
The location of areas dedicated for park and
recreation facilities or common open space as approved by the Board.
(23)
Unless waived by the Board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by or, in the opinion of the Township Engineer, be likely to be approved by the New Jersey Department of Transportation. This plan shall be prepared by consultation with the Township Engineer and the Director of Public Safety and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience and well-being of those occupying or likely to occupy the subdivision between final approval and final acceptance. This plan shall be accompanied by the formal request referred to in Subsection A.
(24)
Such other information as the Board and/or Township
Engineer may request during review.
(25)
Sectionalization of final plats shall be in
conformance with the sectionalization and staging plan, if any, approved
with the preliminary plat.
C.
Conditions of approval. Any approval of an application
for development of a final plat of a major subdivision shall be subject
to the following conditions being satisfied within a period of time
specified by the Planning Board, prior to the signing of the plat
of issuance of a development permit.
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
Payment of any outstanding real estate taxes.
(2)
Submission of additional prints of the plat map and
attachments for distribution, if required.
(3)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary) within the time set forth in § 155-9E.
(4)
Final Atlantic County Planning Board approval (if
not previously obtained).
(5)
Final Weymouth Township Municipal Utilities Authority
approval (if not previously obtained).
(6)
Final Weymouth Township Municipal Utilities Authority
approval.
(7)
Final Atlantic Electric Company, NJ Natural Gas Company,
New Jersey Bell Telephone and Cable Television Company service agreement.
(8)
Certification of soil erosion and sediment control
plans (if not previously obtained).
(9)
Fire Department approval (if not previously obtained).
(10)
Granting NJDEPE wetlands permit (if required).
(11)
Certification of approval of plans for drainage
or watercourse diversions by the State of New Jersey Department of
Environmental Protection and Energy, where required.
(12)
Granting of NJDEPE Coastal Area Facilities Review
Act (CAFRA).
(13)
Approval of any required riparian and/or tidelands
grants or licenses.
(14)
Granting of any required construction permits.
(15)
Posting of required performance guaranties.
(16)
Payment of required inspection fees.
(17)
Evidence of a comprehensive general liability
insurance policy in an amount not less the $300,000 per occurrence
indemnifying and saving harmless the Township and its agencies, employees
and agents from any liability for any acts of the subdivider or his
or her agents, contractors or employees in the implementation of the
approved subdivision. The insurance policy shall provide for 10 days'
notice to the Township prior to cancellation. It shall be a violation
of this chapter for any property owner subdivider or builder to carry
on the construction of subdivision without having current valid evidence
of insurance on file.
(18)
Any other conditions which may be imposed by
the Board or may be required by federal, state, county or municipal
law.
D.
Certification. In the event that the application for
development for a final plat of a major subdivision is approved, a
certification to that effect in this form:
[Amended 12-2-2015 by Ord. No. 543-2015]
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Approved as a final plat of a major subdivision
by Weymouth Township Planning Board on
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Attest:
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Chairman
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Secretary
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Date
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Engineer
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Date
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This plat must be filed in the office of the
Clerk of Atlantic County on or before __________________, which date
is 95 days after the date upon which this plat was signed.
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Secretary
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shall be endorsed on the plat and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board and the Township Engineer (as to the Map Filing Law certification) after they receive a certification from the Administrative Officer (Planning Board Secretary) that all conditions of approval have been satisfied. After signature, plat shall be reproduced as provided for in § 155-64G of this chapter, and the signed original shall be returned to the applicant for filing.
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E.
Filing of approved plat. If the applicant desires
to proceed with a subdivision for which final approval has been granted,
he or she shall file with the County Recording Officer a plat map
drawn in compliance with the New Jersey Map Filing Law, N.J.S.A. 46:23,[3] as amended and supplemented, within 95 days from the date
upon which plat was signed by the Planning Board Chairman and Secretary.
The applicant shall, within one week after filing the subdivision
with the County Recording Officer, notify, in writing, the Township
Engineer and Township Tax Assessor of the date of filing of the subdivision
with the County Recording Officer and the case and sheet or page number
for the filed map. A duplicate tracing of the filed map indicating
thereof the filing date shall be obtained from the County Recording
Officer by the Township Clerk, who shall distribute copies of the
filed map to appropriate municipal officials. In the event that the
subdivider fails to so file within the period allowed, the approval
of the plat shall expire unless, prior to expiration, such time is
extended by the Board for a period not to exceed 95 days for good
cause shown.
[3]
Editor's Note: Said law was repealed by L.2011, c. 217, § 2,
effective 5-1-2012.
F.
Final approval of major subdivision.
[Amended 6-19-1996 by Ord. No. 344-96]
(1)
Application for final subdivision approval shall be
granted or denied within 45 days of submission of a complete application
to the Administrative Officer (Planning Board Secretary) or within
such further time as may be consented to by the applicant.
[Amended 12-2-2015 by Ord. No. 543-2015]
(2)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the County
Recording Officer. The Planning Board may for good cause shown extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat. The Planning Board may
extend the ninety-five-day 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 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.
G.
Effect of final approval of major subdivision.
[Amended 6-19-1996 by Ord. No. 344-96]
(1)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise,
shall not be changed for a period of two years after the date on which
the resolution of final approval is adopted; provided that, in the
case of a major subdivision, the rights conferred by this section
shall expire if the plat has not been duly recorded within the time
period provided in N.J.S.A. 40:55D-54. If the developer has followed
the standards prescribed for final approval and, in the case of a
subdivision, has duly recorded the plat as required in N.J.S.A. 40:55D-54,
the Planning Board may extend such period of protection for extensions
of one year but not to exceed three extensions. Notwithstanding any
other provisions of N.J.S.A. 40:55D-1 et seq., the granting of final
approval terminates the time period of preliminary approval pursuant
to N.J.S.A. 40:55-49 for the section granted final approval.
(2)
In the case of a subdivision for a planned development of 50 acres or more, conventional subdivision or 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 G(1) 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. 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 number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(3)
Whenever the Planning Board grants an extension of final approval pursuant to Subsection G(1) or (2) 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.
(4)
The Planning Board shall grant an extension of final approval for a period determined by the Planning Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Planning 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 the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of 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 G(1) or (2).
H.
Combined preliminary and final major subdivision approval.
(1)
An applicant may request and the Planning Board may
consent to accept an application for development for combined preliminary
and final major subdivision approval, provided that:
(a)
The proposed development is not to be constructed
in sections or stages.
(b)
The applicant pays the application fees and
provided all submissions required for both preliminary and final applications.
(c)
Any notice of hearing requirements applicable
to the preliminary plat stage are complied with.
(d)
The applicant consents to the time limits for
action by the Board to be the greater of the limits set for either
preliminary or final approval.
(e)
The Board is satisfied that the scope of the
project is not so large or so complex as to require the additional
review time which separate applications would provide.
(2)
Any approval granted by the Planning Board or such
combined application shall confer upon the applicant all the rights
set forth in this section for final approval.
I.
Display of final plat. The subdivider or his or her
agent shall keep a clear and legible copy of the approved final plat
in plain view in a prominent location in his or her offices and/or
salesrooms from which sales in the approved subdivisions are made
so that prospective purchasers may have the opportunity to learn the
special conditions, if any, under which approval was given.
A.
Required documents. Prior to issuance of a certificate
of completeness or scheduling of a final plat of a major site plan
for public hearing, the Administrative Officer (Planning Board Secretary)
shall determine that the following has been submitted in proper form:
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
Township Engineer's report.
(2)
Application for state wetlands approval, if required.
(3)
Application for a stream encroachment permit, where
required.
(4)
Where applicable, a copy of the permit issued, or
it the permit has not been issued, the application filed with the
New Jersey Department of Environmental Protection and Energy, under
the Coastal Area Facility Review Act. Copies of the environmental
impact statement and any attachments thereto filed in accordance with
the provisions of the regulations adopted thereto, or, in the alternate,
a statement issued by the Department of Environmental Protection and
Energy or Pinelands Commission that the proposed development is exempt
is to be provided.
(5)
Other submittals that may be required by the Township
Engineer, Planning Board, or federal, state or local law.
(7)
Ten copies of a plat and attachments meeting the requirements
set forth below.
B.
Plat requirements. The final plat shall include all
data required for the preliminary plat of the major site plan and
shall be drawn to incorporate all changes required as a condition
of preliminary approval and shall be drawn by persons and to specifications
as required for a preliminary plat and shall be titled "Final Plat
- Major Site Plan."
C.
Conditions of approval. Any approval of an application
for development of a final plat of a major site plan shall be subject
to the following conditions being satisfied, within a period of time
specified by the Planning Board, prior to signing of the plat or issuance
of a development permit:
[Amended 12-2-2015 by Ord. No. 543-2015]
(1)
Payment of any outstanding real estate taxes.
(2)
Submission of additional prints of the plat map and
attachments for distribution, if required.
(3)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary) within the time set forth in § 155-9E of this chapter.
(4)
Final Atlantic County Planning Board approval (if
not previously obtained).
(5)
Final Weymouth Township Municipal Utilities Authority
approval (if not previously obtained).
(6)
Final Atlantic Electric Company, NJ Natural Gas Company,
Bell Telephone Company and Cable Television Company service agreements
(if applicable).
(7)
Certification of soil erosion and sediment control
plans (if not previously obtained).
(8)
Fire Department approval (if not previously obtained).
(9)
Granting of state wetlands permit (if required).
(10)
Certification of approval of plans for drainage
or watercourse diversion by the State of New Jersey, Department of
Environmental Protection and Energy, where required.
(11)
Copy of a Coastal Area Facilities Review Act
(CAFRA) permit, where applicable.
(13)
Approval of any required riparian grants or
licenses.
(14)
Granting of any required construction permits.
(15)
Posting of required performance guaranties.
(16)
Payment of required inspection fees.
(17)
Evidence of a comprehensive general liability
insurance policy in an amount not less than $1,000,000 per occurrence
indemnifying and saving harmless the Township and its agencies, employees
and agents from any liability for any acts of the developer or his
or her agents, contractors or employees in implementing the approved
site plan. The insurance policy shall provide for 10 days' notice
to the Township prior to cancellation. It shall be a violation of
this chapter for any property owner, developer or builder to carry
on the construction of the site without having a current valid evidence
of insurance on file.
(18)
Any other conditions which may be imposed by
the Board or may be required by federal, state or local law.
D.
Certification. In the event that the application for
development for a final plat or a major site plan is approved, a certification
to the effect in this form:
[Amended 12-2-2015 by Ord. No. 543-2015]
|
Approved as a final plat of a major site plan
by the Township of Weymouth Planning Board on
. | ||
|---|---|---|
|
Attest:
|
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Chairman
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|
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Secretary
|
Date
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Engineer
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Date
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shall be endorsed on the plat and the original reproducible thereof shall be provide to the Board by the applicant. Said original shall be signed the Chairman and Secretary of the Board after they receive a certification from the Administrative Officer (Planning Board Secretary) that all conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in § 155-64 of this chapter, and the original shall be returned to the applicant.
| ||
E.
Filing of approved plat. If the applicant desires
to proceed with a subdivision for which final approval has been granted,
he or she shall file with the County Recording Officer a plat map
drawn in compliance with the New Jersey Map Filing Law,[1] as amended and supplemented, within 95 days from the date
upon which plat was signed by the Planning Board Chairman and Secretary.
The applicant shall, within one week after filing the subdivision
with the County Recording Officer, notify, in writing, the Township
Engineer and Township Tax Assessor of the date of filing of the subdivision
with the County Recording Officer and the case and sheet or page number
for the filed map. A duplicate tracing of the filed map indicating
thereof the filing date shall be obtained from the County Recording
Officer by the Township Clerk, who shall distribute copies of the
filed map to appropriate municipal officials. In the event that the
subdivider fails to so file within the period allowed, the approval
of the plat shall expire unless, prior to expiration, such time is
extended by the Board for a period not to exceed 95 days for good
cause.
[1]
Editor's Note: Said law was repealed by L.2011, c. 217, § 2,
effective 5-1-2012.
F.
Final approval. Application for final site plan approval
shall be granted or denied with 45 days of submission of a complete
application to the Administrative Officer (Planning Board Secretary)
or within such further time as may be consented to by the applicant.
[Amended 12-2-2015 by Ord. No. 543-2015]
G.
Effect of final approval of site plan.
[Amended 6-19-1996 by Ord. No. 344-96]
(1)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
at preliminary approval, pursuant to N.J.S.A. 40:55D-49, whether conditionally
or otherwise, shall not be changed for a period of two years after
the date on which the resolution of final approval is adopted. If
the developer has followed the standards prescribed for final approval,
the Planning Board may extend such period of protection for extensions
of one year but not to exceed three extensions. Notwithstanding any
other provisions of N.J.S.A. 40:55D-1 et seq., the granting of final
approval terminates the time period of preliminary approval pursuant
to N.J.S.A. 40:55D-49 for the section granted final approval.
(2)
In the case of a site plan for a planned development or planned residential development or residential cluster of 50 acres or more, conventional subdivision or site plan for 150 acres or more of 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 G(1) 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 are permissible under final approval, economic conditions and the comprehensiveness of the development. 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 number of dwelling units and nonresidential flood area permissible under final approval, the number of dwelling units and nonresidential floor are remaining to be developed, economic conditions and the comprehensiveness of the development.
(3)
Whenever the Planning Board grants an extension of final approval pursuant to Subsection G(1) or (2) 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.
(4)
The Planning Board shall grant an extension of final approval for a period determined by the Planning Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Planning 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 these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of 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 G(1) or (2).
H.
Combined preliminary and final major site plan approval.
(1)
An applicant may request and the Planning Board may
consent to accept an application for development for combined preliminary
and final major site plan approval, provided that:
(a)
The proposed development is not to be constructed
in sections or stages.
(b)
The applicant pays the application fees and
provides all submissions required for both preliminary and final applications.
(c)
Any notice of hearing requirements applicable
to the preliminary plat stage are complied with.
(d)
The applicant consents to the time limits for
action by the Board to be the greater of the limits set for either
preliminary or final approval.
(e)
The Board is satisfied that the scope of the
project is not so large nor so complies as to require the additional
review time which separate applications would provide.
(2)
Any approval granted by the Planning Board on such
combined application shall confer upon the applicant all the rights
set forth in this section for final approval.
[Amended 12-2-2015 by Ord. No. 543-2015]
A.
Required documents. In cases where a proposed exempt
development requires Planning Board action on an application for development
for either the granting of a variance pursuant to N.J.S.A. 40:55D-70
or direction for issuance of a building permit pursuant to N.J.S.A.
40:55D-34 or N.J.S.A. 40:55D-36, the Administrative Officer (Planning
Board Secretary) shall, prior to issuance of a certificate of completeness
or scheduling of the application for development for public hearing
before the Planning Board, determine that the following has been submitted
in proper form:
(1)
Required application fees.
(2)
Ten copies of a plot plan and/or other documents which
clearly describe the basis for the variance being requested or the
basis for direction for issuance of a building permit being requested.
(3)
Ten copies of an area map showing the tax lot and
block numbers of all properties located within 200 feet of the property
for which the application is being made.
(4)
Any other documents which the Planning Board may request.
B.
Conditions of approval. Any approval of an application
for development by the Planning Board or issuance of a development
permit under this section shall be subject to the following:
A.
No person shall carry out any development within the
Pinelands Area without obtaining approval from an approval agency
and without obtaining development approval in accordance with the
procedures set forth in this chapter. In addition to other development
review procedures of the Township of Weymouth set forth in this chapter,
all development located within the Pinelands Area shall comply with
the procedures set forth in this chapter, except for the following:
(1)
The improvement, expansion or reconstruction within
five years of destruction or demolition, of any single-family dwelling
or appurtenance thereto.
(2)
The improvement, expansion, construction or reconstruction
of any structure accessory to a single-family dwelling.
(3)
The improvement, expansion, construction or reconstruction
of any structure used exclusively for agricultural or horticultural
purposes.
(4)
The construction, repair or removal of any sign, except
for the construction or replacement of any off-site commercial advertising
sign.
(5)
The repair of existing utility distribution lines.
[Amended 8-20-1997 by Ord. No. 349-97]
(6)
The clearing of less than 1,500 square feet of land.
(7)
The construction of any addition or accessory structure
for any nonresidential use or any multifamily residential structure,
provided that:
[Amended 3-1-1989 by Ord. No. 294-89; 6-20-2018 by Ord. No.
563-2018]
(a)
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
(8)
The demolition of any structure that is less than
50 years old.
(9)
The installation of utility distribution lines, except
for sewage lines, to serve areas which are effectively developed or
development which has received all necessary approvals and permits.
[Added 8-20-1997 by Ord. No. 349-97]
(10)
The repair or replacement of any existing on-site
wastewater disposal system.
[Added 8-20-1997 by Ord. No. 349-97]
(11)
The repaving of existing paved roads and other
paved surfaces, provided no increase in the paved width or area of
said roads and surfaces will occur.
[Added 8-20-1997 by Ord. No. 349-97; amended 6-20-2018 by Ord. No. 563-2018]
(12)
The clearing of land solely for agricultural
or horticultural purposes.
[Added 8-20-1997 by Ord. No. 349-97; amended 6-20-2018 by Ord. No. 563-2018]
(13)
Fences, provided that no more than 1,500 square
feet of land is to be cleared.
[Added 8-20-1997 by Ord. No. 349-97]
(14)
Aboveground telephone equipment cabinets.
[Added 8-20-1997 by Ord. No. 349-97]
(15)
Tree pruning.
[Added 8-20-1997 by Ord. No. 349-97]
(16)
The following forestry activities:
[Added 8-20-1997 by Ord. No. 349-97]
(a)
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than
one cord of wood per five acres of land is harvested in any one year
and that no more than five cords of wood are harvested from the entire
parcel in any one year;
(c)
Tree planting, provided that the area to be
planted does not exceed five acres in any one year, no soil disturbance
occurs other than that caused by the planting activity and no trees
other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;
and
(d)
Forest stand improvement designed to selectively
thin trees and brush, provided that no clearing or soil disturbance
occurs and that the total land area on the parcel in which the activity
occurs does not exceed five acres in any one year.
(17)
Prescribed burning and the clearing and maintaining
of fire breaks.
[Added 8-20-1997 by Ord. No. 349-97]
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 155-57B(3), 155-66B(10)(k) or 155-69B(21).
[Added 8-20-1997 by Ord. No. 349-97]
(19)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 6-20-2018 by Ord.
No. 563-2018]
(20)
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 6-20-2018 by Ord.
No. 563-2018]
(21)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 6-20-2018 by Ord.
No. 563-2018]
(22)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 6-20-2018 by Ord.
No. 563-2018]
B.
The exceptions contained in Subsection A above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
C.
Nothing herein shall preclude any Township or state
agency from reviewing, in accordance with the provisions of any applicable
ordinance or regulation, any proposed development which does not require
an application to the Pinelands Commission pursuant to this section.
D.
Application requirements for minor development. Any
application for approval of minor development shall include at least
the following information:
(1)
The applicant's name and address and his or her interest
in the subject property.
(2)
The owner's name and address, if different from the
applicant's, and the owner's signed consent to the filing of the application.
(3)
The legal description, including block and lot designation
and street address, if any, of the subject property.
(4)
A description of all existing uses of the subject
property.
(5)
A brief written statement generally describing the
proposed development.
(6)
A USGS quadrangle map or copy thereof and a copy of
the municipal Tax Map sheet on which the boundaries of the subject
property and the Pinelands management area designation and the zoning
designation are shown.
(7)
A plat or plan showing the location of all boundaries
of the subject property, the location of all proposed development,
and existing or proposed development, and existing or proposed facilities
to provide water for the use and consumption of occupants of all buildings
and sanitary facilities which will serve the proposed development.
The following information shall include with respect to existing or
proposed sanitary facilities:
(a)
On-site treatment facilities: Location, size,
type and capacity of any proposed on-site wastewater treatment facilities;
and
(b)
Soil boring and percolation tests: If on-site sewage disposal is proposed, results of soil boring and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 155-57D of this chapter.
(8)
A location map, including the area extending at least
300 feet beyond each boundary of the subject property, showing ownership
boundary lines, the boundary of the proposed development, owners of
holding adjoining and adjacent to the subject property, existing facilities,
buildings and structures on the site, all proposed development, wetlands,
streams (including intermittent streams), rivers, lakes and other
water bodies and existing roads.
(9)
A soils map including a county soils survey which
conforms to the guidelines of the United States Department or Agriculture
Soil Conservation Service, showing the location of all proposed development.
(10)
A map showing existing vegetation, identifying
predominant vegetation types in the area, and showing proposed landscaping
of the subject property, including the location of the tree line before
and after development and all areas to be distributed as a result
of the proposed development.
(11)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the Interim Rules and Regulations.
E.
Application requirements for other development.
(1)
All applications for major development, other than
forestry and resource extraction operations, shall be accompanied
by the information required in N.J.A.C. 4.2(b)5, as well as the following:
(a)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the Interim Rules and Regulations;
and
(2)
An application for approval of forestry operations
shall be subject to the application requirements set forth in § 155-143B.
F.
Notices to the Pinelands Commission.
[Amended 6-20-2018 by Ord. No. 563-2018]
(1)
Application submission and modifications. Written notification shall
be given by the Township, by e-mail or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Township that an application for development in the Pinelands Area
is complete or if a determination is made by the Township approval
agency that the application has been modified. Said notice shall contain:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop.
(c)
A brief description of the proposed development, including uses
and intensity of uses proposed.
(d)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(e)
The date on which the application, or any change thereto, was
filed and any application number or other identifying number assigned
to the application by the approval agency.
(f)
The approval agency with which the application or change thereto
was filed.
(g)
The content of any change made to the application since it was
filed with the Commission, including a copy of any revised plans or
reports.
(h)
The nature of the municipal approval or approvals being sought.
(2)
Hearings. Where a meeting, hearing or other formal proceeding on
an application for development approval in the Pinelands Area is required,
the applicant shall provide notice to the Pinelands Commission by
e-mail, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(a)
The name and address of the applicant.
(b)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(c)
The date, time and location of the meeting, hearing or other
formal proceeding.
(d)
The name of the approval agency or representative thereof that
will be conducting the meeting, hearing or other formal proceeding.
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission.
(f)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
(3)
Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or inaction, of any approval
agency or an appeal of any agency decision. The applicant shall within
five days of the approval or denial give notice by e-mail or regular
mail to the Pinelands Commission. Such notice shall contain the following
information:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop.
(c)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(d)
The date on which the approval or denial was issued by the approval
agency.
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission.
(f)
Any revisions to the application not previously submitted to
the Commission.
(g)
A copy of the resolution, permit, or other documentation of
the approval or denial. If the application was approved, a copy of
any preliminary or final plan, plot or similar document that was approved
shall also be submitted.
G.
Review of Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of the notice of approval pursuant to Subsection F above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
(2)
Until January 14, 1991, approvals issued by the Pinelands
Development Review Board or the Pinelands Commission under Interim
Rules and Regulations shall serve as the basis for Pinelands Commission
review of Township approval under this section.
(3)
Although the Pinelands Commission shall be notified
of all denials, no such denial actions are subject to further review
and action by the Pinelands Commission.
H.
Condition on prior approvals of the Township. Where
a prior approval has been granted by the Township, no subsequent approval
of an application for development approval shall be obtained until
one of the following is satisfied:
(1)
Notification is received from the Pinelands Commission
that review of the Township's approval is not required; or
(2)
Review of the Township's approval has been completed
pursuant to N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42 and a final
order regarding the approval is received by the Township from the
Pinelands Commission.
I.
Effect of Pinelands Commission's decision on Township
approval. If the Pinelands Commission disapproves an application for
development previously approved by a Township approval agency, such
approval shall be revoked by the approval agency, and the agency shall
thereafter deny approval of the application. If the Commission approves
the decision of an approval agency subject to conditions, the approval
agency which had previously approved the application shall, within
30 days, modify its approval to include all conditions imposed by
the Commission; and if final approval of the application is required,
shall grant final approval only if the application for approval demonstrates
that the conditions specified by the Commission have been met by the
applicant. Except as provided in § 155-73L, the requirements
of this section shall not apply to the issuance of a preliminary zoning
permit or a refusal to issue a preliminary zoning permit for the development
of a single-family dwelling on an existing lot of record.
[Amended 12-5-2001 by Ord. No. 389-2001]
J.
Participation of Pinelands Commission in public hearings.
The Pinelands Commission may participate in a hearing held in the
Township involving the development of land in the Pinelands Area pursuant
to N.J.A.C. 7:50-4.36.
K.
Public development. All development proposed by the
Township or any public agency will comply with all the requirements
for public development set forth in N.J.A.C. 7:50-4.51 et seq. and
all applicable standards set forth in this chapter and other chapters
of this Code.fi[1]
[1]
Editor's Note: Former Subsection L, Procedures for applications
for the development of a single-family dwelling, added 12-5-2001 by Ord. No. 389-2001, as amended, which immediately
followed this subsection, was repealed 5-19-2021 by Ord. No. 579-2021.
