A.
Content. Each application for approval of a minor
subdivision, minor site plan, preliminary major subdivision, preliminary
site plan, final major subdivision or final site plan, as the case
may be, and each application for variance relief, shall include all
information and data listed in the appropriate corresponding checklist
as set forth at the end of this chapter.
B.
Complete application. The municipal agency or its
authorized committee or designee (herein called the "municipal agency")
shall review all applications and accompanying documents required
by this chapter to determine that the application is complete. An
application for development shall be complete for purposes of commencing
the applicable time period for action by a municipal agency when so
certified by the municipal agency. In the event that the municipal
agency does not certify the application to be complete within 45 days
of the date of its submission, the application shall be deemed complete
upon the expiration of the forty-five-day period for purposes of commencing
the applicable time period unless: the application lacks information
indicated on the checklist for such application and the municipal
agency has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more submission requirements
be waived, in which event the agency 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 they
are 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 checklist or 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.
A.
Right to request informal review. Prior to the submittal
of an application for development, the applicant may request an informal
review before the Planning Board in order to:
(1)
Acquaint the applicant with the substantive and procedural
requirements of the subdivision and site plan ordinance.
(2)
Provide for an exchange of information regarding the
proposed development plan and applicable elements of the Master Plan,
this chapter and other development requirements.
(3)
Advise the applicant of any public sources of information
that may aid the application.
(4)
Identify policies and regulations that create opportunities
or pose significant constraints for the proposed development.
(5)
Consider opportunities to increase development benefits
and mitigate undesirable project consequences.
(6)
Permit input into the general design of the project.
B.
Documents and fees to be submitted. Applicants seeking
review of a concept plan shall provide 15 copies of the plan and one
copy of the completed application and the required application and
escrow fees to the Board Secretary at least 14 days before a regularly
scheduled meeting of the Board.
C.
Nature of concept plan. The concept plan is a general
plan that need not be fully engineered. The plan or plat should be
sufficiently detailed to allow the Board to make suggestions on general
site design and layout for circulation, stormwater management, location
of open space and buffers, building arrangements and to determine
how the proposal meets the Township's development goals and objectives.
D.
Effect of informal review. Neither the applicant nor
the Board is bound by any concept plan or informal review. The amount
of any fees for such informal review shall be a credit toward fees
for review of the application for development.
A.
Uses and activities requiring site plan approval.
The development of any land in the Township shall require Board review
and approval as either a minor or major site plan, except: subdivision
and individual lot applications for detached one- or two-dwelling-unit
buildings; nonstructural alterations to a facade of a building; or
construction work found by the Zoning Officer to constitute ordinary
repairs.
B.
Waiver of site plan approval.
(1)
By Planning Board. The Board may waive the requirement
for site plan approval where the Board determines that the proposed
development is a permitted use in the zone and does not involve substantial
site development considerations.
(2)
By Zoning Officer. The Zoning Officer, in consultation
with the Township or Board Engineer, shall waive minor site plan review
and approval when:
(a)
The proposed development involves only interior
modifications to a building, including commercial space upon a change
of use, but only when the modifications or change of use do not increase
the required number of parking spaces and do not involve any other
substantial site development issues; or
(b)
The proposed development would increase the
square footage of buildings by less than 10% of the existing gross
floor area or 1,000 square feet, whichever is less, complies with
all zoning regulations and requires no additional parking spaces.
Prior to the issuance of a building permit under this section, the
Construction Official shall obtain a statement, in writing, from the
Township or Board Engineer that the proposed improvements will have
no adverse effect on drainage and from the Administrative Officer
that the proposed improvements comply with all zoning regulations.
C.
Uses and activities requiring subdivision approval.
(1)
Subdivision approval shall be required prior to the
recording of any plat or deed affecting the subdivision of any land
in the Township of Bloomfield except in the following cases, when
no new streets are created:
(2)
In all cases involving such exempted divisions, the
Planning Board Chair and the Township Clerk shall certify the exemption
on the plat or deed or instrument to be filed with the county.
No subdivision or site plan involving any street(s)
requiring additional right-of-way width as specified in the Master
Plan or Official Map or the street requirements of this chapter shall
be approved unless such additional right-of-way, either along one
or both sides of said street(s), as applicable, shall be deeded to
the Township or other appropriate governmental agency.
A.
When required. The Board may require a traffic impact
statement as part of preliminary approval of a major subdivision or
site plan if, in the opinion of the Board, the development could have
an adverse impact on the road network, ingress/egress or on-site circulation.
C.
Submission format. All traffic impact statements shall
provide a description of the impact and effect of the proposed land
development upon all roads which are adjacent to or immediately affected
by traffic generated by the proposed development and shall specifically
address the following items:
(1)
Existing conditions in the vicinity of the proposed
project, including:
(3)
Traffic impacts caused by the proposed development
as per change in existing conditions.
(4)
Explanation of traffic reduction/traffic management
plans necessary pursuant to any current federal, state or county requirements,
and, where applicable, proposed interaction with appropriate county
transportation management areas (TMA).
(5)
Recommendations for alleviating or diminishing any
possible congestion or disruption to the established traffic pattern.
(6)
Any other information requested by the appropriate
Board reasonably required to make an informed assessment of potential
traffic impacts.
A.
When required. The Board may require an environmental
impact assessment as part of preliminary approval of a major subdivision
or site plan if, in the opinion of the Board, the development could
have an adverse affect on the environment. The Board may, at the request
of an applicant, waive portions of the environmental impact assessment
requirements upon a finding that a complete report need not be prepared
in order to evaluate adequately the environmental impact of a particular
project. The Board shall review the application with specific reference
to the following areas of concern:
(1)
A significant percentage (25% or more) of the property
has a grade of 15% or more.
(2)
A significant percentage (25% or more) of the property
is within or borders a floodplain.
(3)
The property is located in an area where potable water
supplies may be adversely affected.
(4)
Industrial activities involving the use, processing
or manufacture of hazardous, toxic or corrosive substances as defined
and named in regulations promulgated by the United States EPA.
(5)
The visual impact of the project would be significant.
B.
Submission format. All environmental impact assessments
shall consist of written and graphic materials that clearly present
the following information:
(1)
Project description. A description of the proposed
project shall be presented to indicate the extent to which the site
must be altered, the kinds of facilities to be constructed and the
uses intended. The resident population, working population and visitor
population shall be estimated.
(3)
Site description and inventory. The suitability of
the site for the intended use shall be discussed. This shall include
a description of environmental conditions on the site which shall
include, but not be limited to, the following items:
(a)
Topography. A description and map of the topographic
conditions of the site shall be provided.
(b)
Contamination. Information regarding the presence
or absence of environmental contamination, including: the presence
of known or suspected contaminants on site; prior uses of the property;
the status of any past or present administrative or judicial proceeding
involving contamination or remediation of contamination on the site.
In appropriate cases, the Board may require similar information with
regard to surrounding sites.
(c)
Critical areas. A description and map of the
wetland areas, wetland buffers and floodplains on the site shall be
provided.
(d)
Surface water. A description and map of existing
watercourses and water bodies that are partially or totally on the
site shall be identified and riparian issues which may be relevant
to the development.
(e)
Unique scenic features. Describe and map those
portions of the site that can be considered to have unique scenic
qualities and any scenic view from the site.
(f)
Miscellaneous. When warranted, an analysis shall
be conducted of existing air quality and noise levels as prescribed
by the New Jersey Department of Environmental Protection. When warranted,
the Board may also request delineation of conditions on adjacent properties.
(4)
Impact. The negative and positive impacts of the project
during and after construction shall be discussed. The specific concerns
that shall be considered include the following:
(a)
Soil erosion and sedimentation resulting from
surface runoff.
(b)
Flooding and floodplain disruption.
(c)
Degradation of surface water quality.
(d)
Sewage disposal.
(e)
Solid waste disposal.
(f)
Destruction or degradation of scenic features
on and off site.
(g)
Air quality degradation.
(h)
Noise levels.
(i)
Lighting levels, including trespass lighting.
(j)
Effect on the community, including projected
population increase, increase in municipal and school services, consequences
to the municipal tax structure.
(5)
Environmental performance controls. The applicant
shall indicate the measures which will be employed during the planning,
construction and operation phases of the project to minimize or eliminate
negative impacts on and off site. Of specific interest are:
(a)
Stormwater management plans and plans for soil
erosion and sedimentation controls.
(b)
Water supply and water conservation proposals.
(c)
Noise reduction techniques.
(d)
Screening and landscaping intended to enhance
the compatibility of the development with adjacent areas.
(e)
Miscellaneous on-site and off-site public improvements.
(6)
Alternatives. A discussion of site design and project
location alternatives that were considered shall be provided. The
discussion shall indicate why an alternative was rejected if it would
have resulted in less of a negative impact than the proposed development.
(7)
Licenses, permits and other approvals required by
law. The applicant shall list all known licenses, permits and other
forms of approval required by law for the construction and operation
of the proposed project. This list shall include, but not be limited
to, approvals required by the Township and agencies of the county,
state and federal governments. Where approvals have been granted,
copies of said approvals shall be attached. Where approvals are pending,
a note shall be made to that effect.
(8)
Documentation. All publications, file reports, manuscripts
or other written sources of information which were consulted in preparation
of the environmental impact assessment shall be listed and footnoted.
A list of all agencies and individuals from whom pertinent information
was obtained orally or by letter shall be listed separately. Dates
and locations of all meetings shall be specified.
(9)
Review. Applicants shall be encouraged or required
to provide suitable mitigation for all adverse environmental impacts
and other conditions identified in the EIA and/or in the course of
the public hearings before the Board.
C.
Decision. After review of the development application
by the appropriate Board, that Board shall make a decision as to whether
an Environmental Impact Assessment should be required of the applicant
or whether the same should be waived in its entirety as a result of
the proposed development having only a slight or negligible environmental
impact. In addition to the above two courses of action by the reviewing
Board, the Board shall have a third course which would be to require
that only a specified portion of the report be completed and that
the remainder of the report be waived if the Board finds that the
complete report need not be prepared in order to adequately evaluate
the environmental impact of the proposed development.
D.
Public projects. Public projects shall be submitted
and reviewed as private development projects unless specifically exempt
by state or federal law.
Whenever an applicant intends to construct a
development in phases, phasing information shall be included in the
plans for preliminary approval, and all phases shall be:
A.
Functionally self-contained and self-sustaining with
regard to access, circulation, parking, utilities, open spaces and
all other site improvements and physical features and shall be capable
of perpetual independent use, occupancy, operation and maintenance
upon completion of construction and development of the section or
stage.
B.
Properly related to other services of the community
as a whole and to those facilities and services yet to be provided
in the full execution and implementation of the plan.
C.
Provided with such temporary or permanent transitional
features, buffers or protective areas as are necessary to prevent
damage or detriment to adjoining properties or to any completed section
or stage. In addition, such temporary or permanent transitional features,
buffers or protective areas shall not impede development of future
sections or stages in the planned development. Plans, estimated dates
of completion for each section or stage and specifications of such
sections or stages are to be filed with the Board, which must be of
sufficient detail and of such scale as to fully demonstrate the arrangement
and site locations of all structures, primary and accessory land uses,
parking, landscaping, public and private utilities and services facilities
and land ownership conditions.
A.
Submission requirements.
(1)
Submission requirements for minor subdivision and
site plan approval are provided in the Minor Subdivision and Minor
Site Plan Checklist.[1]
[1]
Editor's Note: The checklists are included as attachments to this chapter.
(2)
The Secretary of the Board shall forward copies of
the application to the following for review and comment, where appropriate:
(3)
The Board shall also have the authority to refer any
application to other agencies or individuals for comments or recommendations.
B.
Review by other Township agencies and officials. The
officials and agencies shall forward their comments and recommendations
in writing to the Board within 14 days after receipt of the application.
C.
Board action.
(1)
Except for applications governed by other time limits,
the Board shall approve, conditionally approve, or deny a minor subdivision
or site plan within 45 days of the submission of a complete application,
unless the applicant shall extend the period of time within which
the Board may act.
(2)
Failure of the Board to act within the period prescribed
shall constitute minor subdivision or minor site plan approval, and
a certificate of the Board Secretary as to the failure of the Board
to act shall be issued on request of the applicant. The certificate
shall be sufficient in lieu of the written endorsement or other evidence
of approval, herein required, and shall be so accepted by the County
Register for purposes of filing subdivision plats or deeds.
D.
Effect of approval. Approval of a minor subdivision or minor site plan shall be deemed final approval provided that the Board may condition such approval on the provision of improvements as may be required. . The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or site plan approval was granted, shall not be changed for a period of two years after the date on which the resolution of approval is adopted provided that the approved minor subdivision shall have been duly recorded in accordance with § 315-19E below.
E.
Expiration of minor subdivision. Approval of a minor
subdivision shall expire 190 days from the date on which the resolution
of approval is adopted unless within such period a plat in conformity
with such approval and the Map Filing Law, N.J.S.A. 46:26B-1 et seq.,
or a deed clearly describing the approved minor subdivision is filed
by the developer with the County Register, the Township Engineer and
the Township Tax Assessor. Any such plat or deed accepted for such
filing shall have been signed by the Board Chair and Secretary. In
reviewing the application for development for a proposed minor subdivision,
the Board may accept a plat not in conformity with N.J.S.A. 46:26B-1
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 with the provisions of the said Act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Extensions of minor subdivision or site plan approval.
(1)
The Board may extend the one-hundred-ninety-day period
for filing a minor subdivision plat or deed pursuant to this chapter
if the developer proves to the reasonable satisfaction of the Board:
(a)
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
(b)
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 Board. The developer may apply for
the extension either before or after what would otherwise be the expiration
date.
(2)
The Board shall grant an extension of minor subdivision
or minor site plan approval for a period determined by the Board,
but not exceeding one year from what would otherwise be the expiration
date, if the developer proves to the reasonable satisfaction of the
Board that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental agencies and that
the developer applied promptly for and diligently pursued the required
approvals. The developer shall apply for the extension before a) what
would otherwise be the expiration date of minor subdivision approval;
or b) the 91st day after the developer receives the last of the legally
required approval from other governmental entities, whichever occurs
later.
A.
Submission requirements.
(1)
Submission requirements for preliminary major subdivision
and preliminary site plan approval are provided in the Preliminary
Major Subdivision and Site Plan Checklist.[1]
[1]
Editor's Note: Said checklist is included as an attachment to this chapter.
(2)
The Secretary of the Board shall forward copies of
the application to the following for review and comment, where appropriate:
(3)
The Board shall also have the authority to refer any
application to other agencies or individuals for comments or recommendations.
B.
Review by other Township agencies and officials. The
officials and agencies cited shall forward their comments and recommendations
in writing to the Board within 14 days after the receipt of the application.
C.
Board action.
(1)
Subdivisions.
(a)
Except for applications governed by other time
limits, the Board shall approve, conditionally approve or deny a preliminary
major subdivision application of 10 or fewer lots within 45 days after
the submission of a complete application, unless the applicant shall
extend the period of time within which the Board may act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
The Board shall approve, conditionally approve
or deny a preliminary major subdivision application of more than 10
lots within 95 days after the submission of a complete application,
unless the applicant shall extend the period of time within which
the Board may act.
(c)
Failure of the Board to act within the time
prescribed shall constitute preliminary major subdivision approval
and a certificate of the Board Secretary as to the failure of the
Board to act shall be issued on request of the applicant. Said certificate
shall be sufficient in lieu of the written endorsement or other evidence
of approval herein required and shall be accepted by the County Register
for purposes of filing subdivision plats.
(2)
Site plans.
(a)
Except for applications governed by other time
limits, the Board shall approve, conditionally approve or deny a preliminary
major site plan which involves 10 acres of land or less, and 10 dwelling
units or less, within 45 days after the submission of a complete application
unless the applicant shall extend the period of time within which
the Board may act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
The Board shall approve, conditionally approve
or deny the preliminary major site plan of more than 10 acres or more
than 10 dwelling units within 95 days after the application is certified
complete unless the applicant shall extend the period of time within
which the Board may act.
(c)
Failure of the Board to act within the time
prescribed shall constitute preliminary major site plan approval and
a certificate of the Board Secretary as to the failure of the Board
to act shall be issued on request of the applicant. Said certificate
shall be sufficient in lieu of a written endorsement or other evidence
of approval herein required.
D.
Effect of preliminary approval. Preliminary approval
of a major subdivision or site plan, except as provided in this section,
shall confer upon the applicant the following rights for a three-year
period from the date on which the resolution granting preliminary
approval is adopted.
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including, but not limited
to, use requirements; layout and design standards for streets, curbs
and sidewalks; lot sizes; 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.
(2)
That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary subdivision plat or site
plan, as the case may be.
(3)
That the applicant may apply for and the Board may
grant extension 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.
(4)
In the case of a subdivision of or a site plan 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 appropriate Board may grant the rights referred to in Subsection D(1), (2) and (3) above for such period of time, longer than two years, as shall be determined by the appropriate 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 Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the 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.
(5)
Whenever the Board grants an extension of preliminary approval pursuant to Subsection D(3) or (4) above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.
(6)
The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval, or the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection D(3) or (4) above.
E.
Simultaneous preliminary and final site plan approval.
Combined preliminary and final site plan approval may be granted,
provided all submission requirements for both applications are met.
The time limit within which the Board shall act shall be the longest
time permitted for either of the two approvals.
A.
Submission requirements.
(1)
Submission requirements for final major subdivision
and site plan approval are provided in the Final Major Subdivision
and Final Site Plan Checklist.[1]
[1]
Editor's Note: The checklists are included as attachments to this chapter.
(2)
The Secretary of the Board shall forward copies of
the application to the following officials for review and comment
where appropriate:
(3)
The Board shall also have the authority to refer any
application to other agencies or individuals for comments or recommendations.
B.
Review by other Township agencies and officials. The
officials and agencies cited shall forward their comments and recommendations
in writing to the Board within 14 days after the receipt of the final
application.
C.
Board action.
(1)
The Board shall grant final approval if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards established by ordinance for final
approval, the conditions for preliminary approval, and, in the case
of a major subdivision, the standards prescribed in the Map Filing
Law, P.L. 1960, c. 141. In the case of a planned unit development,
planned unit residential development or residential cluster, the Board
may permit minimal deviations from the conditions of preliminary approval
necessitated by change of conditions beyond the control of the developer
since the date of preliminary approval without the developer being
required to submit another application for development for preliminary
approval.
(2)
Final approval shall be granted or denied within 45
days after submission of a complete application or within such further
time as may be consented to by the applicant. Failure of the Board
to act within the period prescribed shall constitute final approval,
and a certificate of the Board Secretary as to the failure of the
Board to act shall be issued on request of the applicant. The certificate
shall be sufficient in lieu of the written endorsement or other evidence
of approval herein required and, in the case of subdivision plans,
shall be so accepted by the County Register for purposes of filing.
(3)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6,
the Board shall condition its approval 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, 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 major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided below. If the developer has followed the standards prescribed for final approval and, in the case of subdivision, has duly recorded the plat with the County Register in accordance with Subsection F below, the Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for any section of the development that is granted final approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for the development of nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection D(1) of this section for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:
(a)
The number of dwelling units and nonresidential
floor area permissible under final approval.
(b)
Economic conditions.
(c)
The comprehensiveness of the development. The
developer may apply for thereafter, and the Board may thereafter grant,
an extension of final approval for such additional period of time
as shall be determined by the Board to be reasonable, taking into
consideration the following:
(3)
Whenever the Board grants any extension of final approval pursuant to Subsection D(1) or (2) above, 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 Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for an 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 section shall not preclude the Board from granting an extension pursuant to Subsection D(1) or (2) above.
E.
Conditions of approval.
(1)
Conditions binding. All conditions of preliminary
and final approval shall be binding upon the applicant, all present
and future owners, tenants, users and occupants of the property and
their respective successors and assigns.
(2)
Failure to maintain. The applicant and any successor
in interest shall be responsible for installing and maintaining in
good order and condition all required improvements and landscaping,
unless such improvements in landscaping are to be installed by and/or
dedicated to and maintained by the Township, county or another party
under the terms of approval granted by the Board. Such required improvements
shall include, but not be limited to, parking improvements, buffer
zones, drainage facilities, exterior lighting and landscaping. Failure
of any responsible party to install and/or maintain required improvements
or landscaping shall constitute a violation of this chapter and shall
be subject to the enforcement procedures set forth herein.
F.
Expiration of final major subdivision approval.
(1)
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 applicant with the county.
The 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 Board may extend the ninety-five-day or 190-day period
if the applicant proves to the reasonable satisfaction of the Board
that the applicant 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
applicant applied promptly for and diligently pursued 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
Board. The developer may apply for an extension either before or after
the original expiration date.
(2)
No subdivision plat shall be accepted for filing by
the county until it has been approved by the Board as indicated on
the instrument by the signature of the Chair and Secretary of the
Board. The signatures of the Board Chair and Secretary shall not be
affixed until the developer has posted the performance guarantees
required by this chapter and has satisfied all other applicable conditions
of final approval. If the county records any plat without such approval,
such recording shall be deemed null and void and, upon request of
the municipality, the plat shall be expunged from the official records.
Applications for amended site plan or subdivision
review shall be governed by the same requirements as all other applications
for subdivision or site plan approval.
A.
The subdivision plat shall be designed so as to encourage
good development patterns within the Township. All lots shown on the
subdivision plat shall be adaptable for the intended purposes without
danger to health or peril from flood, fire, erosion or other menace.
B.
The subdivision plat shall conform to the general and specific design standards set forth in Article IV of this chapter.
C.
The subdivision shall conform to the proposals and
conditions set forth on the Official Map and in the Township Master
Plan. The degree of conformance of the proposed subdivision with the
streets, drainage, rights-of-way, school sites, public parks and playgrounds
shown on the Official Map and in the Master Plan shall be considered
in the approval process.
The following are the standards for evaluating
site plan applications in the Township. The Board shall review the
site plan for compliance with all applicable ordinances and the Master
Plan; for harmony with surrounding uses and the overall plan for development
of the Township; for promotion of the health, safety, order, efficiency
and economy of the Township; and for the maintenance of property values
and the general welfare. Based upon its review and findings, the Board
may approve, conditionally approve, request modifications to or deny
approval of the site plan based on an evaluation of the general principles
of this section and, more specifically:
A.
The site plan's compliance with all applicable provisions of Article V of this chapter, including, without limitation, Schedule A,[1] off-street parking and loading requirements, signs and
lighting and open space;
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
The site plan's compliance with all requirements of this chapter, including, without limitation, provisions regulating subdivisions, if applicable, and Article IV, Design Requirements and Standards;
C.
The preservation of existing natural resources on
the site, wherever feasible, and the contribution of the proposed
development to the environmental and aesthetic quality of the surrounding
properties and neighborhood;
D.
The relationship of the proposed development to adjacent
properties, in terms of harmonious uses and designs and the intensity
of development;
E.
The provision of a safe and efficient vehicular and
pedestrian circulation system;
F.
The sufficient width, suitable grade and appropriate
location of streets, including, without limitation, the accessibility
of fire-fighting and other emergency equipment to all buildings;
G.
The coordination of streets which is consistent with
the circulation element of the Master Plan;
H.
The design and location of buildings in an efficient
and aesthetically pleasing manner;
I.
The adequacy of screening and landscaping to shield
activities from adjacent properties, where appropriate, and to provide
a pleasing design and arrangement;
J.
The location of exterior lighting to satisfy safety
and security needs and to minimize intensity, glare and spillage onto
adjacent private and public properties;
K.
The suitable location, size and configuration of open
space areas;
L.
The protection and conservation of soils from erosion
by wind or water or from excavating and grading;
M.
The protection of land within floodplains or flood
zones;
N.
The provision of adequate drainage, shade trees, water,
sewage facilities and any other necessary utilities; and
O.
The extent to which the proposed development will
not generate objectionable smoke, fumes, noise, odors, dust, glare,
vibration or heat.
The submission requirements and review process
for conditional use applications shall be the same as for a major
site plan, except as set forth below.
A.
The Board shall grant or deny an application for conditional
use approval within 95 days of submission of a complete application
or within such further time as may be consented to by the applicant.
B.
The Board shall approve or deny a conditional use
application simultaneously with any accompanying subdivision and/or
site plan application. The longest time period for action by the Board,
whether it be for subdivision, conditional use or site plan approval,
shall apply. Whenever approval of a conditional use is requested by
the applicant, notice of the hearing on the application shall include
reference to the request for conditional use approval.
A.
Whenever review or approval of a development application
by the County Planning Board is required by N.J.S.A. 40:27-6.3 or
40:27-6.6, the Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board. The County Planning Board's failure to report thereon
within the required time period provided by law shall be considered
a favorable response.
B.
Whenever County Planning Board review or approval
is required, the applicant shall be responsible for filing all necessary
applications, plans, reports and other documents directly with the
County Planning Board.
A.
When all conditions of any minor, preliminary or final
approval have been met, the applicant shall submit to the Board Secretary
eight copies of the approved plan(s) with all revisions required by
the conditions of approval. The Board Chair, Secretary and Engineer
shall then sign the approved plan(s), provided they comply with the
terms of the approval. Two signed copies shall be returned to the
applicant and the remaining copies shall be distributed by the Board
Secretary.
B.
In addition to the foregoing, whenever any subdivision is to be perfected by the filing of the approval plat with the County Register in conformance with the Map Filing Law, the applicant shall submit to the Board Secretary, simultaneously with the plans described in Subsection A above, two Mylars and at least eight paper prints of the plat intended for recording. Provided that it conforms to the Map Filing Law, the plat intended for recording shall be signed by the Board Chair, Secretary and Engineer simultaneously with the signing of the approved plans submitted pursuant to Subsection A above. After signing, one Mylar and all paper prints of the plat so signed shall be returned to the applicant for recording with the County Register.
C.
Following the filing of any approved subdivision plat
or minor subdivision deed with the County Register, the applicant
shall promptly deliver to the Board Secretary at least six copies
of the filed plat or recorded deed, as the case may be. The Board
Secretary shall then distribute copies of the same.
D.
Whenever any subdivision is to be perfected by the
filing of the approved plat with the County Register, and when the
Board Engineer has performed the engineering review of such subdivision,
the plat intended for recording shall be signed by the Board Engineer.
For purposes of such signatures as the municipal engineer, the Board
Engineer shall be deemed to act as an Assistant Township Engineer.
E.
The Board Secretary shall return in the Board's files
at least one true copy of all signed and approved site plans and subdivision
deeds and all signed, approved and filed subdivision plats.
No application for development shall be deemed
complete unless the items, information and documentation listed in
the applicable checklist are submitted to the Board. If any required
item is not submitted, the applicant must request in writing a waiver
and state the reasons supporting each such request.[1]
[1]
Editor's Note: The checklists are included as attachments to this chapter.
