An appeal to the Zoning Board of Adjustment may be taken by an interested party affected by any decision of the Administrative Officer of the Township based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal in the manner set forth in Article II, § 46-21A and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[Amended 2-5-1980 by Ord. No. 815; 7-2-1985 by Ord. No. 961]
A. 
An application for development shall be completed for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant, and the municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies of the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or in any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
B. 
Development application review checklists.
(1) 
General requirements. No application for development shall be deemed complete unless the following items, information and documentation, where applicable, are submitted to the Administrative Officer.
[Amended 1-18-2005 by Ord. No. 1485]
Yes
No
(  )
(  )
(a)
Application form properly completed (14 copies).
(b)
Correct filing fee and escrow deposits.
(  )
(  )
(c)
Filing for soil erosion and sediment control.
(  )
(  )
(d)
Required variance or conditional use application.
(  )
(  )
(e)
Certification that property tax payments and assessments are current.
(  )
(  )
(f)
Proof that proper notice and publication of the application pursuant to N.J.S.A. 40:55D-12 has been made.
(  )
(  )
(g)
Ownership disclosure statement, where required by law.
(  )
(  )
(h)
Appropriate number of plat maps submitted.
(  )
(  )
(i)
Flood-fringe application, where required.
(  )
(  )
(j)
Landscaping plan, at a scale of one inch per 20 feet and consistent with Chapter 223, including the location and description of existing and proposed landscaping. Information on proposed landscaping shall include the numbers and types of any trees or plants existing on the property that are being removed as well as the common and botanical names, number of trees and/or plants, planted size and root specifications of all trees and plants to be added to the property. The plan shall include the method by which existing trees and plantings will be protected during construction.
[Amended 4-3-2012 by Ord. No. 1684]
(  )
(  )
(k)
A statement from the property owner granting permission for the Board and any of its experts to enter the subject premises for purposes of inspection in relation to a development application.
(  )
(  )
(l)
A copy of any protective covenants or deed restrictions, if any, affecting the property in question, provided that, if none exist, an affidavit from the owner certifying that no such covenants or restrictions exist shall be submitted.
(  )
(  )
(m)
Details of all proposed retaining walls over two feet in height, signed and sealed by a licensed professional engineer.
(  )
(  )
(n)
Any additional information deemed necessary by the municipal agency.
(  )
(  )
(o)
A grading plan prepared by a professional engineer, which indicates topography, an ingress/egress stone pad adjacent to the roadway consisting of, at a minimum, 10 feet wide by 30 feet long six-inch deep of two-and-one-half-inch crushed stone, silt fences located adjacent to all areas of new construction or renovation, elevations, draining patterns and all proposed seepage pits and/or dry wells. In addition, the application shall include a written certification from a professional engineer certifying that there will be a zero increase in stormwater runoff as a result of the project.
(  )
(  )
(p)
Detailed drawings depicting all existing structures and proposed structures on the site. The drawings must indicate all portions of existing structures which the applicant proposes to remove.
C. 
No application for site plan review and approval shall be deemed complete unless the following items, information and documentation, where applicable, are submitted to the Administrative Officer.
(1) 
Site plan submission details and requirements.
[Amended 2-15-2005 by Ord. No. 1488]
(a) 
Scale one inch equals 10 feet; 20 feet; 30 feet; 40 feet; 50 feet.
(b) 
Plan legibility: Satisfactory (  ) Unsatisfactory (  )
Yes
No
(  )
(  )
[1]
Twenty copies of plat.
(  )
(  )
[2]
Name, title, address, telephone number of the applicant, owner, person preparing plan, maps and accompanying data.
(  )
(  )
[3]
Place for signatures of the Chairman and Administrative Officer of the Planning Board.
(  )
(  )
[4]
Place for signature of Township Engineer.
(  )
(  )
[5]
Current Tax Map lot and block numbers of the premises affected.
(  )
(  )
[6]
Date, scale, North sign and key map at one inch = 200 feet scale.
(  )
(  )
[7]
Zone district of premises and the zone districts of all the immediately adjoining properties.
(  )
(  )
[8]
All existing/proposed setback dimensions, landscaped areas, trees over eight inches, fencing diameter size/type of planting/plan material on premises.
(  )
(  )
[9]
Existing and proposed signs, their size, type of construction.
(  )
(  )
[10]
Location, existing and proposed exterior lighting, including size, height, area, direction of illumination, lumen power, including building security lighting plan, isolux drawing where required.
(  )
(  )
[11]
Existing and proposed principal building accessory structures with dimensions, present/finished grade elevations, floor plans, area measurements.
(  )
(  )
[12]
Complete exterior building and elevation drawings of proposed structure(s).
(  )
(  )
[13]
The location, type, size of existing proposed catch basins, all utilities, above and below ground.
(  )
(  )
[14]
The location, type, size of all existing/proposed curbs, sidewalks, driveways, fences, retaining wall, parking spaces. All off-street parking and loading areas, dimensions and schedules.
(  )
(  )
[15]
Location, size, type of existing/proposed rights-of-way, easements, other encumbrances which may affect premises, location, size, description of lands contemplated for dedication to Township.
(  )
(  )
[16]
Location, size, nature of property and contiguous property owned by the applicant or in which the applicant has direct or indirect interest.
(  )
(  )
[17]
Location, size, widths of all existing proposed streets abutting premises and structures, property lines of all abutting properties with names, addresses of owners per Tax Map rolls.
(  )
(  )
[18]
Existing/proposed topography of site contour interval not less than two feet.
(  )
(  )
[19]
Stormwater management plan.
(  )
(  )
[20]
Soil erosion and sediment control plan.
(  )
(  )
[21]
Soil removal application, where applicable.
(  )
(  )
[22]
Traffic study, where required by Board.
(  )
(  )
[23]
Environmental impact study, where required by Board.
(  )
(  )
[24]
Traffic signage and safety plan.
(  )
(  )
[25]
Design review of building plans, where required.
(  )
(  )
[26]
Escrow agreement, where required.
(  )
(  )
[27]
Description of proposed use(s) and estimated number of employees.
(  )
(  )
[28]
Any/all other information/dates necessary to meet any requirement of this article/zoning/subdivision ordinances not listed above.
(  )
(  )
[29]
Parking stalls shall be numbered for identification and include the proposed dimensions of such stalls.
(  )
(  )
[30]
All handicap spaces including their dimensions, signage, striping and penalty placards shall be depicted on the plan, compliant with ADA requirements.
(  )
(  )
[31]
Landscaping plan at a scale of one inch per 20 feet consistent with requirements of Chapter 223.
[Added 4-3-2012 by Ord. No. 1684]
D. 
No application for subdivision review and approval shall be deemed complete unless the following items, information and documentation, where applicable, are submitted to the Administrative Officer.
(1) 
Sketch and minor subdivision plat detail and requirements.
[Amended 1-18-2005 by Ord. No. 1485]
(a) 
Plan accuracy and legibility sufficient for review: Yes (  ) No (  )
(b) 
Plat size: Satisfactory (  ) Unsatisfactory (  )
(c) 
Scale: Satisfactory (  ) Unsatisfactory (  )
Yes
No
(  )
(  )
[1]
Twenty copies of plat.
(  )
(  )
[2]
Location of tract to be subdivided in relation to entire tract. The boundaries of the tract in question, with the dimensions of same. Also acreage of the entire parcel to be subdivided.
(  )
(  )
[3]
Key map at one inch equals = 200 feet scale.
(  )
(  )
[4]
Tax Map sheet, block/lot number.
(  )
(  )
[5]
Name of owner and adjoining owners by most recent tax records.
(  )
(  )
[6]
Dimensions and bearing of all lot lines, square footage of each lot.
(  )
(  )
[7]
All existing structures on tract to be subdivided and within 200 feet of entire tract, as well as the location of existing wells and septic systems and/or location of connections to public water and sanitary systems.
(  )
(  )
[8]
All streets, existing/proposed easements and restrictions, streams, watercourses in or contiguous to property, including the location and width of any abutting streets, both right-of-way and pavement.
(  )
(  )
[9]
Zoning districts and location of zoning boundaries within subdivision.
(  )
(  )
[10]
Front rear, side yard setback lines.
(  )
(  )
[11]
Name, address and license number of person preparing map (N.J.L.S.).
(  )
(  )
[12]
Date of original, preparation of revision, tract, name, North arrow, graphic scale.
(  )
(  )
[13]
Escrow agreements, where required.
(  )
(  )
[14]
Soil removal application, where required.
(  )
(  )
[15]
Contours at five-foot intervals for slopes averaging 10% or more; two-foot intervals for land of lesser slope; high/low points for new streets.
(  )
(  )
[16]
Environmental impact study, where required by Board.
(  )
(  )
[17]
Landscaping plan at a scale of one inch per 20 feet and consistent with the requirements of Chapter 223, where required by the Board.
[Added 4-3-2012 by Ord. No. 1684]
(2) 
Preliminary plat details and requirements.
Yes
No
(  )
(  )
(a)
Twenty copies of plat.
(  )
(  )
(b)
Plat drawn accurately to scale.
(  )
(  )
(c)
Key map at one inch equals = 200 feet scale.
(  )
(  )
(d)
Tract name, Tax Map sheet, block/lot number, date, reference meridian, graphic scale.
(  )
(  )
[1]
Name/address of record owner or owners.
(  )
(  )
[2]
Name/address of subdivider.
(  )
(  )
[3]
Name/address of person who prepared map.
(  )
(  )
(e)
Names of adjoining landowners by tax records.
(  )
(  )
(f)
Total acreage of tract to nearest tenth of an acre.
(  )
(  )
(g)
Contours at five-foot intervals for slopes averaging 10% or more; two-foot intervals for land of lesser slope; high/low points for new streets.
(  )
(  )
(h)
Typical cross sections, center line profiles, tentative grades of proposed streets and traffic sight distances at intersections.
(  )
(  )
(i)
Location of existing/proposed property lines showing dimensions/bearings.
(  )
(  )
(j)
Existing structures on tract to be subdivided and within 200 feet.
(  )
(  )
(k)
Location of existing/proposed streets, easements, watercourses, railroad, bridges, culverts, drain pipes/natural features, wooded areas/rock formations in/within 200 feet of the entire tract owned by the subdivider and all street names with copies of existing easements of records.
(  )
(  )
(l)
Proposed utility layouts.
(  )
(  )
(m)
Detailed plans of off-site/off-tract improvements.
(  )
(  )
(n)
Zoning districts/location of zoning boundaries within tract.
(  )
(  )
(o)
All setback lines.
(  )
(  )
(p)
Copy of any existing proposed protective or restrictive covenant or deed restrictions applying to land being subdivided.
(  )
(  )
(q)
Location of open spaces to be dedicated for public parks, playgrounds, detention or retention basins or other public uses.
(  )
(  )
(r)
Individual lot areas, including:
(  )
(  )
[1]
Total lot areas; and
(  )
(  )
[2]
Area by ordinance measurement.
(  )
(  )
(s)
Preliminary grading and drainage system soil erosion and sedimentation requirements.
(  )
(  )
(t)
Stormwater management plan.
(  )
(  )
(u)
Soil removal application.
(  )
(  )
(v)
Traffic study, where required by Board.
(  )
(  )
(w)
Environmental impact study, where required by Board.
(  )
(  )
(x)
Traffic signage and safety plan.
(  )
(  )
(y)
Accurate metes and bounds description of each new lot to be created.
(3) 
Final plat details and requirements.
(a) 
Prepared by professional engineer or licensed surveyor, Yes (  ) No (  )
Yes
No
(  )
(  )
[1]
Twenty copies of plat.
(  )
(  )
[2]
Plat drawn accurately to scale.
(  )
(  )
[3]
Reduction of plat to a scale corresponding to the appropriate page of the Township Tax Map.
(  )
(  )
[4]
Date, name and location of the subdivision, name of owner and subdivider, graphic scale and reference meridian or North arrow.
(  )
(  )
[5]
Tract boundary lines, right-of-way line of streets, street names, easements and other public use, all lot lines and other side lines with accurate dimensions, bearings or deflection angles and radiuses, arcs and central angles of all curves.
(  )
(  )
[6]
The purpose of any easement of land reserved or dedicated to public use shall be designated and the proposed use of sites other than residential shall be noted.
(  )
(  )
[7]
Each block shall be numbered in conformance with the Tax Map of the Township, and the lots within each new block shall be numbered consecutively beginning with the number one and as required by the Tax Assessor or Township Engineer.
(  )
(  )
[8]
Minimum building setback lines on all lots and other sites as required by the Zoning Ordinance.
(  )
(  )
[9]
Location and description of all monuments.
(  )
(  )
[10]
Names of owners of adjoining land as indicated by the most recent records of the Township.
(  )
(  )
[11]
Certification of engineer or surveyor as to the accuracy of plat.
(  )
(  )
[12]
Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
(  )
(  )
[13]
When approval of a plat is required by any officer or body of the Township, County or state, approval shall be certified on the plat.
(  )
(  )
[14]
Certification from Department of Health that each lot meets applicable percolation requirements.
E. 
No application for variance approval shall be deemed complete unless the following items, information and documentation, where applicable, are submitted to the Administrative Officer:
[Amended 1-18-2005 by Ord. No. 1485]
Yes
No
(  )
(  )
(1)
Twenty copies of accurate survey showing the property and the location of all buildings existing and proposed, and their setbacks from property lines.
(  )
(  )
(2)
Site plans submission details, where required by the Board of Adjustment or by ordinance.
(  )
(  )
(3)
Complete building exterior and elevation drawings of the proposed structures or buildings.
(  )
(  )
(4)
Drawings of interior floor plan layout for proposed structure or buildings and adjoining rooms.
(  )
(  )
(5)
Photographs of existing structures, topographical features and structures on adjoining properties.
(  )
(  )
(6)
Distances from existing and proposed buildings on the property to buildings and structures on adjacent lots.
(  )
(  )
(7)
Landscaping plan at a scale of one inch per 20 feet and consistent with the requirements of Chapter 223, where required by the Board.
[Added 4-3-2012 by Ord. No. 1684]
F. 
An applicant for development may request, in writing, from the appropriate Board, a waiver or elimination of specific checklist details or requirements. The Planning Board or Board of Adjustment, as the case may be, shall have the power and authority to waive or eliminate specific checklist details and requirements which are not deemed necessary to make an informed decision as to whether the requirements necessary for approval of an application have been met.
G. 
Applications for major and minor subdivision approval, major or minor site plan approval, applications for variances and applications for Master Development Plan approval shall be made and filed in accordance with the requirements of this Land Use Procedures Ordinance, the Subdivision and Site Plan Review Ordinance, the Zoning Ordinance and shall contain all data and information required therein, as well as all information contained in the checklists included in this article for determining completeness of application.
[Amended 2-5-1980 by Ord. No. 815; 7-2-1985 by Ord. No. 961; 9-19-1989 by Ord. No. 1074]
Any interested party may appeal to the Township Committee any final decision of the Board of Adjustment approving any application for development pursuant to N.J.S.A. 40:55D-70d, provided that such appeals shall be made within 10 days of the date of publication of such final decision of the Board of Adjustment.
A. 
Notice of Appeal. The appeal to the governing body shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if presented. Such appeal shall be decided by governing body only upon the record established before the Board of Adjustment. The parties may submit oral and written argument on the record at the governing body meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting to any interested party at his expense.
[Amended 9-19-1989 by Ord. No. 1074]
B. 
Default approval.
(1) 
The appellant shall, within five days of service of notice of the appeal pursuant to Subsection A hereof, arrange for a transcript pursuant to Subsection f of Section 6 of the Municipal Land Use Act (N.J.S.A. 40:55D-10) for use by the governing body and shall pay a deposit of $50 or the estimated cost of such transcript, whichever is less, or, within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Township Clerk; otherwise, the appeal may be dismissed for failure to prosecute.
[Amended 2-5-1980 by Ord. No. 815]
(2) 
The governing body shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below, pursuant to Subsection i of Section 6 of the Municipal Land Use Act (N.J.S.A. 40:55D-10), unless the appellant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board.
C. 
Stay of proceedings. An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with such Board, that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application and upon notice to the Board from whom the appeal is taken and on good cause shown.
D. 
The governing body may reverse, remand or affirm with or without the imposition of conditions, the final decision of the Board of Adjustment approving a variance pursuant to N.J.S.A. 40:55D-70d. The review shall be made on the record made before the Board of Adjustment. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or affirm, with or without conditions, any final action of the Board of Adjustment.
[Amended 7-2-1985 by Ord. No. 961]
E. 
Notice of decision. The governing body shall mail a copy of the decision to the appellant, or if represented, then to his attorney, without separate charge, and for a reasonable charge, to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the applicant or the Township Clerk at the applicant's expense.