The Planning Board and the Zoning Board of Adjustment
have certain overlapping powers to expedite the review process. Their
respective responsibilities are outlined below:
A.
Powers of the Planning Board.
(1)
The Planning Board shall have the power to grant subdivision
or conditional use approval simultaneously with site plan approval.
(2)
The Planning Board shall have the power to act in
lieu of the Zoning Board of Adjustment and subject to the same extent
and restrictions of the Zoning Board of Adjustment on the following
matters when the Planning Board is reviewing applications for approval
of subdivision plans, site plans or conditional uses. Whenever relief
is requested pursuant to this subsection, public notice shall be given
and shall include reference to the request for a variance or direction
for issuance of a permit, as the case may be.
(a)
Grant variances pursuant to N.J.S.A. 40:55D-70c.
(b)
Direct, pursuant to N.J.S.A. 40:55D-34, the
issuance of a permit for a building or structure in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55D-32.
(c)
Direct, pursuant to N.J.S.A. 40:55D-32, the
issuance of a permit for a building or structure not related to a
street.
B.
Zoning Board of Adjustment action in lieu of Planning
Board. The Zoning Board of Adjustment shall have the power to grant,
to the same extent and subject to the same restrictions as the Planning
Board, site plan, subdivision or conditional use approval whenever
the proposed development requires approval by the Zoning Board of
Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d.
A.
Subdivision review. All subdivisions, as defined under Article II, are subject to the review procedures specified herein.
B.
Site plan review. No construction permit shall be
issued for any new structure or for an addition to an existing structure,
or for rooftop mechanical or other appurtenance additions extending
more than three feet above the roof, and no certificate of occupancy
shall be issued for any change of use of an existing structure, and
no exterior trash and/or recycling storage areas for existing nonresidential
or multifamily residential developments shall be enlarged or modified
in any way, including the addition of trash or recycling storage containers
anywhere on a lot or site, until a site plan has been reviewed and
approved by the municipality, except that the following developments
are exempt from this requirement:
[Amended by Ord. No. 1989-30; Ord. No. 1991-22; Ord. No. 97-11]
(1)
A single-family detached or two-family dwelling unit and their accessory
uses, with exception to the following criteria:
[Amended 7-24-2018 by Ord. No. 18-17]
(2)
Interior alterations which do not involve a change
of use, revision of parking facilities or the traffic circulatory
system;
(3)
Exterior alterations to cosmetically enhance the appearance
of a building or structure; provided, however, the perimeter of the
building or structure remains unchanged;
(4)
Exterior alterations limited to the erection of a
lobby, vestibule, hall entranceway and similar structures used solely
for energy conservation purposes, provided the structure complies
with all yard and other requirements of this chapter, and provided,
further, that the exterior alteration will not permit space for additional
employees or patrons. The structure shall not be larger than 100 square
feet and may contain a coat rack, telephone station and not more than
one vending machine. Games, seating and other similar uses are strictly
prohibited;
(5)
Customary buildings incidental to farms;
(6)
Any change of use from one permitted nonresidential
use to another permitted nonresidential use if the Site Review Committee
stipulates to the Board that the existing site development meets the
requirements of this chapter for the new use, including on-site parking
requirements;
(7)
The Planning Board, in its discretion, may waive site
plan review on additions to existing buildings where the square footage
of the addition is 5% or less of the existing building.
(8)
The Planning Board may waive site plan review for
rooftop mechanical or other appurtenance additions where, in the opinion
of the Planning Board, said additions are not visible from a public
street or a residential area or are otherwise sufficiently screened
or located so as not to detract from the visual appearance of the
building or the surrounding area. In any case, required site plan
review for such additions shall only be concerned with the adequacy
of their visual screening.
(9)
Enlargements or modifications to existing exterior trash and/or recycling storage areas which, in the opinion of the Site Review Committee or the Planning Board, are in conformance with the design standards of § 215-64.
(10)
The site plan approval requirements otherwise
required in this chapter may be waived by the Board when such improvements
are necessary to comply with the Americans With Disabilities Act (ADA)
or Barrier-Free Subcode of the New Jersey Uniform Construction Code
(N.J.A.C. 5:23-7.13 and 5:23-7.14), except that, where the standards
established herein differ from comparable standards set forth in the
New Jersey Barrier-Free Subcode, the Barrier-Free Subcode standards
shall be applied.
(a)
Specific examples of activities eligible for
a waiver of site plan under this section include:
[1]
Construction of a ramp intended to enable wheelchair
access to a building, provided that the ramp is designed to conform
to the design criteria of the Barrier-Free Subcode of the New Jersey
Uniform Construction Code. Wheelchair ramps shall be permitted within
required yard areas if necessary to meet the criteria of this section
but shall comply with the yard requirements in the zone for principal
structures whenever possible;
[2]
Construction or alteration of parking spaces
to accommodate wheelchair access, provided that the spaces shall conform
to the design criteria of the Barrier-Free Subcode of the New Jersey
Uniform Construction Code (N.J.A.C. 5:23-7.13 and 5:23-7.14);
[3]
Pictogram signage.
[4]
Construction of a vestibule when required solely
for the purpose of providing access to an elevator or lift designed
for access, control and adequate mobility by a person in a wheelchair.
Any vestibule alteration for which a waiver is requested under this
section shall be designed to conform to the design criteria of the
Barrier-Free Subcode of the New Jersey Uniform Construction Code;
[5]
Construction or alteration of an elevator or
lift required solely to provide access, control and adequate mobility
by a person in a wheelchair, or construction or alteration of a stairway
to provide a fire evacuation chair or wheelchair-accessible fire refuge
area;
[6]
Construction or alteration of an interior lobby designed and intended to provide a path of mobility from a building entrance to an elevator or equivalent means of conveyance to a person in a wheelchair, provided that any area of the proposed lobby that is designed and intended for leasable purposes, unrelated to access by persons with disabilities, shall be subject to site plan approval unless a waiver is granted under one of the other provisions in § 215-81B.
C.
Variance relief. All applications for variance relief to the Board of Adjustment not involving any related site plan, subdivision or conditional use approval shall be filed at least 10 days prior to the next regularly scheduled monthly meeting of the Board. The filing shall include four copies of any maps and related material; four copies of the completed application form; and the fee in accordance with Article X of this chapter. The Board shall act upon the application as stipulated by law.
D.
Informal review by the Planning Board.
(1)
At the request of a developer, the Planning Board
shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. Informal reviews may be referred to the Site Review
Committee.
(2)
The developer shall not be required to submit any
fees for such an informal review.
(3)
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.
(4)
A developer desiring to have a concept plan informally
reviewed by the Planning Board shall so notify the Secretary of the
Planning Board at least seven days prior to the next regularly scheduled
meeting of the Planning Board or the Site Review Committee. The Secretary
of the Planning Board shall notify the developer of the time and place
which has been scheduled by the Planning Board or the Site Review
Committee for the informal review.
A.
Procedure for submitting minor plats and minor plans. Submit to the Administrative Officer at least 10 days prior to the first regularly scheduled monthly meeting of the Board: eight copies of the minor plat or plan; eight copies of the appropriate application; and a fee in accordance with Article X of this chapter. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.
B.
Details required for minor subdivision plats and minor
site plans. Each minor plat or minor plan shall be drawn by a professional
engineer and/or land surveyor licensed to practice in the State of
New Jersey and shall bear the signature, seal, license number and
telephone number of the professional engineer and/or land surveyor;
provided, however, that all engineering data shall be signed and sealed
by a professional engineer.
(1)
Each submission shall be drawn at an appropriate scale
not less than one inch equals 100 feet and shall be presented on one
of four of the following standard sheet sizes: 8 1/2 inches by
13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches
by 42 inches.
(2)
If one sheet is not sufficient to contain the entire
tract, the map may be divided into two sections to be shown on separate
sheets of equal sizes, with reference on each sheet to the adjoining
sheets. Each minor plat or plan shall show the following information,
as such information is applicable to the minor subdivision or minor
site plan submission:
(a)
A key map showing the entire tract and its relation
to the surrounding area, at a scale of one inch equals not more than
2,000 feet.
(b)
Title block:
[1]
Name of subdivision or development, Ewing Township
and Mercer County;
[2]
Name, address and telephone number of subdivider
or developer;
[3]
Name and address of the owner or owners of record;
[4]
Scale; and
[5]
Date of original preparation and of each subsequent
revision thereof and a list of the specific revisions entered on each
sheet.
(c)
Acreage figures and North arrow.
(d)
Approval signatures: Chairman and Secretary.
(e)
Existing block and lot number(s) of the lot(s)
to be subdivided or developed, as they appear on the Township Tax
Map.
(f)
Subdivision or development boundary line (heavy
solid line).
(g)
The location of existing and proposed property
lines (with bearings and distances), streets, structures (with their
outside dimensions, if required, and an indication as to whether existing
structures will be retained or removed), parking spaces, loading areas,
driveways, watercourses, railroads, bridges, culverts, drain pipes
and any natural features such as wetlands and treed areas, both within
the tract and within 200 feet of its boundary.
(h)
The location and width of all existing and proposed
utility easements.
(i)
Zoning districts affecting the tract and all
surrounding properties, including district names and requirements.
(j)
Proposed buffer and landscaped areas.
(k)
Delineation of floodplains, including both floodway
and flood-fringe areas.
(l)
Contours at two-foot intervals for the tract
and surrounding properties within 100 feet of the tract may be required,
at the discretion of the Township Engineer.
(m)
Marshes, ponds and lands subject to flooding
within the tract and within 100 feet thereof.
(n)
The names of all adjacent property owners as
they appear on the most recent tax list prepared by the Township Tax
Assessor.
(o)
Concerning minor subdivisions only, existing
and proposed monuments and/or iron or copper pins.
(p)
Concerning minor subdivision applications only
and if the proposed lot/lots is/are not served by a sanitary sewer,
certification by a licensed professional engineer that the proposed
lot(s) can adequately accommodate a septic system and a copy of any
written review and report by the Township Board of Health. The location(s)
of the test hole(s), test results and compliance with the Individual
Sewage Disposal Code of New Jersey shall be shown on the plat and
certified by a licensed professional engineer.
(q)
No minor subdivision or minor site plan involving
any street(s) requiring additional right-of-way width as specified
in the Master Plan or Official Map and the street requirements of
this chapter shall be approved unless such additional right-of-way,
either along one or both sides of said streets, as applicable, shall
be deeded to the Township or other appropriate governmental agency.
(r)
No minor subdivision or minor site plan involving
any corner lot shall be approved unless a sight triangle easement
shall be granted as specified in this chapter.
(s)
Deed descriptions, including metes and bounds,
easements, covenants, restrictions and roadway and sight triangle
dedications, shall be submitted.
C.
Action by the Township.
(1)
The Board, and its professional advisors and Site
Review Committee, shall review the aforesaid application for the purpose
of determining, within 45 days of its submission, whether the application
is complete. Thereafter:
(a)
If the application is found to contain all of the information required by § 215-82B of this chapter, the Board shall certify that said application is complete.
(b)
If said application is found to lack some of the information required by § 215-82B, the Board shall either:
[1]
Cause the applicant to be notified, in writing,
that said application is incomplete, specifying the deficiencies in
the application; or
[2]
If the Board reasonably concludes that the missing
items of information are not necessary for it to make an informed
decision on the application, the Board may waive the requirement that
the items be supplied as a prerequisite for completeness and certify
that the application is complete notwithstanding the missing items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 215-82B, and the request shall be granted or denied by the Board within 45 days.
(d)
In the event the Board fails to act pursuant to Subsection C(1)(b)[1] and [2] hereinabove within 45 days of the date of submission of the application, the application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the aforesaid application is certified
complete or on the 46th day following the submission of the application
in the event the Board fails to make a determination of completeness,
as the case may be, the applicable time period within which the Board
must act upon the application shall commence. In any case, the applicant
is obliged to prove that he/she or she is entitled to approval of
the application. The Board may subsequently require correction of
any information found to be in error, may require submission of additional
information not specified in this chapter, and/or may require revisions
in the application documents as are reasonably necessary to make an
informed decision as to whether the requirements for approval of the
application have been met, provided that the application shall not
be deemed incomplete for lack of any such additional information or
revisions.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the Administrative Officer
to the following:
(a)
Secretary of the Planning Board or Secretary
of the Zoning Board of Adjustment, as the case may be, (four copies
of the minor plat or plan and four copies of the application);
(b)
Environmental Commission (one copy each of the
minor plat or plan and the application);
(c)
Township Planner (one copy each of the minor
plat or plan and the application);
(d)
Township Engineer (one copy each of the minor
plat or plan and the application);
(e)
At the direction of the Board, additional copies
of the minor plat or plan shall be sent to other Township, county
or state agencies and officials.
(4)
The Board shall take action on minor subdivision and
minor site plan applications within 45 days after the application
has been certified complete or within such further time as may be
consented to by the applicant. Failure of the Board to act within
the prescribed time period shall constitute approval of the application.
(5)
Any proposed subdivision or development determined
by the Board to be creating, imposing, aggravating or leading to the
possibility of an adverse effect upon either the property in question
or upon any adjacent properties may be required to be revised to remove
any adverse effect(s) prior to further review, classification of approval
by the Board or, where the remaining portion of the original tract
is sufficient to be subdivided or developed further, the applicant
may be required to submit a sketch of the entire remaining portion
of the tract to indicate a feasible plan whereby the applied for subdivision
or development, together with subsequent subdivision(s) or development(s),
may be submitted that will not create, impose, aggravate or lead to
any adverse effect.
(6)
When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required. In the event the same is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval and forward the applicant a copy of the resolution adopted in accordance with § 215-95F of this chapter setting forth the reasons for the disapproval.
(7)
Within 190 days from the date of approval by the Board
of a minor subdivision, a plat map drawn in compliance with the Map
Filing Act, P. L. 190, c. 141 (N.J.S.A. 46:29-9.9 et seq.) or deed
description properly drafted and signed by the Chairman and Secretary
of the Board (or the Acting Chairman or Secretary where either or
both may be absent), shall be filed by the subdivider with the County
Recording Officer. Unless filed within 190 days, the approval shall
expire and will require Board approval as in the first instance. The
zoning requirements and general terms and conditions, whether conditional
or otherwise, upon which minor subdivision approval was granted shall
not be changed for a period of two years after the date of minor subdivision
approval by the Board, provided that the approved minor subdivision
shall have been duly recorded.
(8)
Before the Secretary of the Board returns any approved
minor subdivision or minor site plan to the applicant, the applicant
shall provide additional copies of the plat or plan as may be necessary
in order to furnish copies to each of the following:
(a)
Administrative Officer;
(b)
Township Engineer (two copies);
(c)
Construction Official;
(d)
Zoning Officer;
(e)
Township Tax Assessor;
(f)
File of the Planning Board or the Zoning Board
of Adjustment, as the case may be (three copies); and
(g)
Such other Township, county or state agencies
and officials as directed by the Board.
A.
Procedure for submitting preliminary major subdivision plats and preliminary major site plans. Submit to the Administrative Officer at least 10 days prior to the first regularly scheduled monthly meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be, 11 copies of the preliminary plat or preliminary plan; nine copies of the appropriate application; nine copies of any protective covenants or deed restrictions applying to the land being subdivided or developed, and a fee in accordance with Article X of this chapter. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
B.
Details required for preliminary major subdivision
plats and preliminary major site plans. Each preliminary plat or preliminary
plan shall be drawn by a professional engineer licensed to practice
in the State of New Jersey and shall bear the signature, seal, license
number and telephone number of the said professional engineer.
(1)
Each submission shall be at a scale of one inch equals
50 inches for a tract up to 40 acres in size, one inch equals 100
feet for a tract between 40 acres and 150 acres and one inch equals
200 feet for a tract 150 acres or more. Each submission shall be on
one of four of the following standard sheet sizes: 8 1/2 inches
by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches, 30 inches
by 42 inches. If one sheet is not sufficient to contain the entire
territory, the map may be divided into sections to be shown on separate
sheets of equal sizes, with reference on each sheet to the adjoining
sheets.
(2)
Each preliminary plat or plan shall show the following
information, as appropriate to a subdivision plat or site plan, unless
the municipal agency determines and so notifies the applicant that
such information either is unnecessary or inapplicable to the particular
subdivision or development plan.
(a)
Information required.
[1]
A key map showing the entire tract and its relation
to the surrounding areas, at a scale of one inch equals not more than
2,000 feet.
[2]
Title block:
[a]
Name of subdivision or development,
Ewing Township, Mercer County.
[b]
Name, address and telephone number
of subdivider or developer.
[c]
Name and address of the owner or
owners of record.
[d]
Scale.
[e]
Date of original preparation and
of each subsequent revision thereof and a list of the specific revisions
entered on each sheet.
[3]
North arrow.
[4]
Certification that the applicant is the owner
of the land or his properly authorized agent, or that the owner has
given his consent under an option agreement.
[6]
Acreage to the nearest 1/10 of an acre and a
computation of the area of the tract to be disturbed as defined by
the Soil Conservation Service District regulations.
[7]
The names and addresses of all property owners
within 200 feet of the extreme limits of the tract as shown on the
most recent tax list prepared by the Township Tax Assessor.
[8]
Existing block and lot number(s) of the lot(s)
to be subdivided or developed as they appear on the Township Tax Map,
and proposed block and lot numbers as provided by the Township Tax
Assessor upon written request.
[9]
Tract boundary line (heavy solid line).
[10]
Zoning districts affecting the
tract and all surrounding properties, including district names and
requirements.
[11]
The locations and dimensions of
existing and proposed bridges and the location of natural features
such as wooded areas and any extensive rock formations, both within
the tract and within 200 feet of its boundaries.
[12]
Existing contours for the tract
and surrounding properties within 100 feet of the tract, with intervals
of one foot where slopes are less than 10% and five feet when 10%
or more, referred to USGS datum, and to be indicated by a dashed line.
Where any changes to contours are proposed, finished grades should
be shown as a solid line.
[13]
The location and species associations
of all individual trees or groups of trees having a caliper of six
inches or more measured three feet above the ground level shall be
shown. The location of all proposed plantings shall also be indicated
and a legend provided, listing the botanical and common names, the
sizes at time of planting, the total quantity of each plant, and the
location of each plant keyed to the plan or plat.
[14]
All existing and proposed watercourses
(including lakes and ponds) shall be shown and accompanied by the
following information:
[a]
When a stream is proposed for alteration,
improvement or relocation or where a drainage structure or fill is
proposed over, under, in or along a running stream, a report on the
status of review by the New Jersey Department of Environmental Protection,
Division of Water Resources, shall accompany the submission;
[b]
Cross sections of watercourses
and/or drainage swales at an appropriate scale showing the extent
of the floodplain, top-of-bank, normal water levels and bottom elevations
at the following locations, where appropriate, at the direction of
the Township Engineer:
[i]
At any point where a watercourse
crosses a boundary of the tract.
[ii]
At one-hundred-foot intervals
up to 500 feet upstream and downstream of any point of juncture of
two or more watercourses within the tract.
[iii]
At one-hundred-foot intervals
for a distance of 500 feet upstream and downstream of any proposed
and/or existing culvert or bridge within the tract.
[iv]
At a maximum of one-hundred-foot
intervals, but not less than two locations, along each watercourse
which runs through or within 500 feet of the tract.
[c]
When ditches, streams or watercourses
are to be altered, measures to control erosion and siltation, as well
as typical ditch sections and profiles, shall be shown.
[d]
The delineation of the floodways
and flood-fringe areas of all watercourses within or adjacent to the
tract.
[e]
The total acreage of the drainage
basin of any watercourse running through or adjacent to the tract.
[f]
The location of all drainage structures
upstream and downstream of the tract to which the tract is tributary,
between the tract and the municipal boundary. Hydrologic and hydraulic
computations for each of the said structures shall be provided as
required by the Township Engineer.
[g]
The location and extent of drainage
and conservation easements and stream encroachment lines
[h]
The location, extent and water
level evaluation of all existing or proposed lakes or ponds within
the tract and within 200 feet of the tract.
[15]
Locations of all existing structures
within the tract and within 200 feet of its boundary, showing existing
and proposed front, rear and side yard setback distances and an indication
of whether the existing structures and uses will be retained or removed.
[16]
Size, height and location of all
proposed buildings, structures, signs and lighting facilities.
[17]
All dimensions necessary to confirm
conformity to the chapter, such as structure setbacks, structure heights
and yards.
[18]
The proposed location, direction
of illumination, power and type of proposed outdoor lighting, including
details of lighting poles and luminaires.
[19]
The proposed screening, buffering
and landscaping, including a landscaping plan.
[20]
The location and design of any
off-street parking area, showing size and location of bays, aisles
and barriers.
[21]
All means of vehicular access
and egress to and from the site onto public or private streets, showing
the site and the location of driveways and curb cuts, including the
possible utilization of traffic signals, channelization, acceleration
and deceleration lanes, additional width and other proposed devices
necessary to prevent a difficult traffic situation.
[22]
The application shall include
plans and computations for any storm drainage systems, including the
following:
[a]
All existing or proposed storm
sewer lines within or adjacent to the tract showing size and slope
of the lines, direction of flow and the location of each catch basin,
inlet, manhole, culvert and headwall.
[b]
The location and extent of any
proposed groundwater recharge (retention) basins, detention basins,
or other water or soil conservation devices.
[23]
The location and size of existing
utilities and easements, such as water and sewer mains, gas transmission
lines and high tension power lines on the tract and within 200 feet
of its boundaries.
[24]
Plans of proposed improvements
and utility easements and layouts including sewers, storm drains and
waterlines and feasible connections to gas, telephone and electrical
utility systems. If private utilities are proposed, they shall comply
fully with all Township, county and state regulations. If service
will be provided by an existing utility company, a letter from that
company stating that service will be available before occupancy will
be sufficient. When individual on-lot water or sewage disposal is
proposed, the plan for such systems shall be approved by the appropriate
Township and state agencies and the result of percolation tests and
soil log data shall be submitted under conditions designated by the
Township Board of Health.
[25]
Plans, typical cross sections
and details, center line profiles and tentative grades of all proposed
streets and of existing streets abutting the tract based on USGS vertical
datum or a more specified datum supplied by the Township Engineer,
including curbing, sidewalks, storm drains and drainage structures.
Sight triangles, the radius of curblines and street sign locations
shall be clearly indicated at the intersections.
[26]
A copy of any protective covenants
or deed restrictions applying to the land being developed shall be
submitted with the application.
[27]
The proposed permanent monuments
shall be shown, in accordance with the Map Filing Act, P.L. 190 c.
141 (N.J.S.A. 46:29-9.9 et seq.).
[28]
The Board reserves the right to
require additional information before granting preliminary approval
when unique circumstances affect the tract and/or when the application
for development poses special problems for the tract and the surrounding
area. Such information shall include, but not be limited to, drainage
calculations and traffic analyses; provided, however, that no application
shall be declared incomplete for the lack of such additional information.
C.
Environmental impact statement.
(1)
General provisions. The impact on the environment
generated by land development projects necessitates a comprehensive
analysis of the variety of problems that may result and the actions
that can be taken to minimize the problems. It is further recognized
that the level of detail required for various types of applications
will vary depending on the size of the proposal, the nature of the
site, the location of the project and the information already in the
possession of the Township. Therefore, having determined that some
flexibility is needed in preparing the environmental impact statement,
the requirements for such a document pertaining to different types
of development applications are listed below.
(a)
All agricultural operations conducted in accordance
with a plan approved by the Soil Conservation District and all silvaculture
operations conducted in accordance with a plan prepared by a professional
forester are specifically exempt from the environmental impact statement
requirements.
(b)
Any variance applications to the Zoning Board
of Adjustment not involving a site plan or subdivision application
shall not require an environmental impact statement unless specifically
requested by the Board. The Zoning Board of Adjustment shall inform
the applicant regarding any information that may be required.
(c)
Any application for subdivision approval where
10 lots or less are involved and all applications for minor site plan
approval, either to the Planning Board or to the Zoning Board of Adjustment,
as the case may be, shall not require an environmental impact statement
unless specifically requested by the appropriate Board. The Planning
Board or the Zoning Board of Adjustment, as the case may be, shall
inform the applicant regarding any information that may be required.
(d)
All preliminary major subdivision applications
consisting of more than 10 lots and all preliminary major site plan
applications shall be accompanied by an environmental impact statement,
unless determined by the Planning Board or the Zoning Board of Adjustment,
as the case may be, to be unnecessary.
(2)
Submission procedures.
(a)
Thirteen copies of any environmental impact
statement shall be submitted to the Administrative Officer. In the
case of a major subdivision application consisting of more than 10
lots and major site plan applications, the environmental impact statement
shall be submitted at the time of preliminary application to the Township.
In the case of variance, subdivision applications involving 10 lots
or less, and minor site plan applications, the environmental impact
statement shall be submitted within 15 days after the Board has informed
the applicant of the information required.
(b)
The Administrative Officer shall retain one
copy of the environmental impact statement and shall distribute the
remaining 12 copies in the following manner:
[1]
Environmental Commission (nine copies);
[2]
Township Planner (one copy);
[3]
Township Engineer (one copy);
[4]
Secretary of the Township Board of Health (one
copy); and
[5]
At the direction of the Planning Board or the
Zoning Board of Adjustment, as the case may be, additional copies
of the submitted environmental impact statement shall be sent to other
Township, county or state agencies and officials.
(3)
Submission format. When an environmental impact statement
is required, the applicant shall retain one or more competent professionals
to perform the necessary work. The qualifications and background of
the professionals shall be provided, and the method of investigation
shall be described. All applicable material on file in the Township
pertinent to evaluation of regional impacts shall also be considered.
Furthermore, as much original research as necessary shall be conducted
to develop the environmental impact statement. All environmental impact
statements shall consist of written and graphic materials which clearly
present the required information, utilizing the following format:
(a)
Project description. Indicate the purpose and
scope of the proposed project. Enumerate the benefits to the public
which will result from the proposed project and describe the suitability
of the site for the intended use. 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. The compatibility or incompatibility of the proposed
project shall be described in relation to the following:
(b)
Site description and inventory. Provide a description
of environmental conditions on the site, which shall include the following
items:
[1]
Types of soils. List and describe each soil
type on the site. If applicable, provide percolation data. Where the
proposed area of land disturbance will involve soils with moderate
or severe limitations relative to the type of project proposed, a
complete mapping of all soil types where the moderate and severe limitations
exist.
[2]
Topography. Describe the topographic conditions
on the site.
[3]
Geology. Describe the geologic formations and
features associated with the site. Delineate those areas where bedrock
is within two feet of the surface as well as major rock outcroppings.
[4]
Vegetation. Describe the existing vegetation
on the site. A map shall be prepared showing the location of major
vegetative groupings such as woodlands, open fields and wetlands.
Where woodlands are delineated, the forest types shall be indicated.
[5]
Wildlife. Identify and describe any unique habitats
of endangered or protected species.
[6]
Surface and subsurface water. Describe the surface
and subsurface water conditions on the site both in terms of depth
to groundwater and water supply capabilities. The location, depth,
capacity and water quality of all existing water wells on the site
and within 500 feet of the site shall be indicated.
[7]
Distinctive scenic and/or historic features.
Describe and map those portions of the site that can be considered
to have distinctive scenic and/or historic qualities.
[8]
Existing development features. Describe any
existing features on the site that are not considered to be part of
the natural environment. This may include, but not necessarily be
limited to, roads, driveway accesses, housing units, accessory structures,
utility lines, etc.
[9]
Miscellaneous. When warranted, an analysis should
be conducted of existing air quality and noise levels as prescribed
by the New Jersey State Department of Environmental Protection.
(c)
Impact. Discuss both the negative and positive
impacts during and after construction. Indicate those negative impacts
that are unavoidable. The specific concerns that shall be considered
include the following and shall be accompanied by specific quantitative
measurements where possible and necessary:
[1]
Soil erosion and sedimentation resulting from
surface runoff.
[2]
Flooding and floodplain disruption.
[3]
Degradation of surface water quality.
[4]
Groundwater pollution.
[5]
Reduction of groundwater capabilities.
[6]
Sewage disposal.
[7]
Solid waste disposal.
[8]
Vegetation destruction.
[9]
Disruption of wildlife habitats of endangered
and protected species.
[10]
Destruction or degradation of
scenic and historic features.
(d)
Environmental performance controls. Describe
what measures will be employed during the planning, construction and
operation phases which will minimize or eliminate negative impacts
that could result from the proposed project. Of specific interest
are:
[1]
Drainage plans which shall include soil erosion
and sedimentation controls.
[2]
Sewage disposal techniques.
[3]
Water supply and water conservation proposals.
[4]
Energy conservation measures.
[5]
Noise and vibration reduction techniques.
[6]
Solid and liquid waste disposal plans.
[7]
Vegetation and wildlife preservation.
[8]
Radioactivity and airborne emission control.
(e)
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 development and operation
of the proposed project. The list shall include approvals required
by the Township, as well as 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.
(f)
Documentation. All publications, file reports,
manuscripts or other written sources of information which were first
consulted and employed in compilation of the environmental impact
statement shall be listed. A list of all agencies and individuals
from whom all pertinent information was obtained orally or by letter
shall be listed separately. Dates and locations of all meetings shall
be specified.
(4)
Disposition by the Board. The Board shall review the
information furnished in the environmental impact statement in the
context of the overall design of the proposed development and the
relationship of the proposed development to the environment. The information
is to be used solely to help ensure that the proposed development
will cause no reasonably avoidable damage to any environmental resource.
D.
Action by the Township.
(1)
The Board, and its professional advisors and Site
Review Committee, shall review the major subdivision or major site
plan application for the purpose of determining, within 45 days of
its submission, whether the application is complete. Thereafter:
(b)
If the application is found to lack some of the information required by § 215-83B or C, the Board shall either:
[1]
Cause the applicant to be notified, in writing,
that the application is incomplete, specifying the deficiencies in
the application; or
[2]
If the Board reasonably concludes that the missing
items of information are not necessary for it to make an informed
decision on the application, the Board may waive the requirement that
the items be supplied as a prerequisite for completeness and certify
that the application is complete notwithstanding the missing items.
(d)
In the event the Board falls to act pursuant to Subsection D(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, the application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the aforesaid application is certified
complete or on the 46th day following the submission of the application
in the event the Board fails to make a determination of completeness,
as the case may be, the applicable time period within which the Board
must act upon the application shall commence. In any case, the applicant
is obliged to prove that he or she is entitled to approval of the
application. The Board may subsequently require correction of any
information found to be in error, may require submission of additional
information not specified in this chapter and/or may require revisions
in the application documents as are reasonably necessary to make an
informed decision as to whether the requirements for approval of the
application have been met, provided that the application shall not
be deemed incomplete for lack of any such additional information or
revisions.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the Administrative Officer
to the following:
(a)
Secretary of the Planning Board or Secretary
of the Zoning Board of Adjustment, as the case may be: four copies
of the preliminary plat or plan and four copies of the application
and any protective covenants or deed restrictions.
(b)
Environmental Commission: one copy each of the
preliminary plat or plan, the application and any protective covenants
or deed restrictions.
(c)
Township Planner: one copy each of the preliminary
plat or plan, the application and any protective covenants or deed
restrictions.
(d)
Township Engineer: two copies of the preliminary
plat or plan plus one copy each of the application and any protective
covenants or deed restrictions.
(e)
District Fire Chief: one copy of the preliminary
plat or plan.
(f)
Ewing-Lawrence Sewerage Authority: one copy
each of the preliminary plat or plan, the application and any protective
covenants or deed restrictions.
(g)
At the direction of the Planning Board or the
Zoning Board of Adjustment, as the case may be, additional copies
of the preliminary plat or plan shall be sent to other Township, county
or state agencies and officials.
(4)
The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete, or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary application including a request for variance relief pursuant to § 215-80A shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
(5)
The Planning Board shall take action on a preliminary
major site plan application involving more than 10 acres of land or
more than 10 dwellings and/or a preliminary major subdivision application
involving more than 10 lots within 95 days after the application has
been certified complete, or within such further time as may be consented
to by the applicant. Failure of the Board to act within the prescribed
time period shall constitute approval of the application.
(6)
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application as prescribed in Subsection D(4) and (5) hereinabove unless the preliminary site plan and/or preliminary subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a use variance in accordance with § 215-90D, in which case the Zoning Board of Adjustment shall act on all aspects of the application within 120 days after the application has been certified complete by the Secretary of the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(7)
Any proposed subdivision or development determined
by the Board to be creating, imposing, aggravating or leading to the
possibility of an adverse effect upon either the property in question
or upon any adjacent properties may be required to be revised to mitigate
any adverse effect(s) prior to further review, classification or approval
by the Board, or where the remaining portion of the original tract
is sufficient to be subdivided or further developed, the applicant
may be required to submit a sketch of the entire portion of the tract
to indicate a feasible plan whereby the applied for subdivision or
development, together with subsequent subdivision(s) or development(s),
may be submitted that will not create, impose, aggravate or lead to
any such adverse effect.
(8)
All hearings held on applications for preliminary major subdivision approval and preliminary major site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see § 215-95D).
(9)
The recommendation of those agencies and officials
to whom the preliminary plat or plan was forwarded shall be given
careful consideration in the final decision on the development application.
If the County Planning Board or the Township Engineer approve the
preliminary submission, such approval shall be noted on the plat or
plan. If the Board acts favorably on the preliminary plat or plan,
the Township Engineer and the Chairman and Secretary of the Board
(or the Acting Chairman or Secretary, where either or both may be
absent) shall affix their signatures to at least 10 copies of the
plat or plan with the notification that it has been approved. The
applicant shall furnish such copies to the Board.
(10)
Should minor revisions or additions to the plat
or plan be deemed necessary, the Board may grant preliminary approval
subject to specified conditions and receipt of revised plans within
30 days from the date of the approval. Should major revisions be deemed
necessary, the Board shall require that an amended plat or plan be
submitted and acted upon as in the case of the original application.
(11)
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 215-95F setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of the resolution.
E.
Effect of preliminary approval.
(1)
Preliminary approval shall confer upon the applicant
the following rights for a three-year period from the date of preliminary
approval:
(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;
(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 plat or plan; and
(c)
That the applicant may apply for and the 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 or of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in § 215-83E(1) hereinabove for such period of time longer than three years as shall be determined by the 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.
(a)
The applicant may apply for thereafter, and
the Board may thereafter grant, an extension to preliminary 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 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 by ordinance, such
revised standards may govern.
A.
Procedure for submitting final plats and final plans. A final plat or final plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer at least 10 days prior to the first regularly scheduled meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be, nine copies of the final major subdivision plat or final major site plan; eight copies of the appropriate application; and a fee in accordance with Article X.
B.
Details required for final major subdivision plats
and final major site plans.
(2)
All additional details required at the time of preliminary
approval.
(3)
A section or staging plan, if proposed, indicating
the portion of the tract to be considered for final approval as part
of the current application and the relationship of the portion of
the tract to the remaining land area, including all applicable comparisons
such as parking spaces, building coverage, lot coverage, open space
areas and number of lots.
(4)
Detailed architectural and engineering data, including:
(a)
An architect's isometric design or perspective,
as required by the Board, of each building and sign or a typical building
and sign, showing front, side and rear elevations.
(b)
Cross sections, profiles and established grades
of all streets, aisles, lanes and driveways.
(c)
Plans and profiles of all storm and sanitary
sewers and water mains.
(d)
All dimensions of the exterior boundaries of
any subdivision shall be balanced and closed to a precision of one
to 5,000, and the dimensions of all lots to within one to 10,000.
All dimensions, angles and bearings must be tied to at least two permanent
monuments not less than 300 feet apart, and all information shall
be indicated on the plat. At least one corner of the subdivision shall
be tied horizontally to the New Jersey State Grid Coordinate System
and vertically to National Geodetic Vertical Datum (NGVD) bench marks,
with the data on the plat as to how the bearings were determined.
The difference (if any) of the plat bearing system from the New Jersey
State Grid Bearing System shall be noted on the plat.
(e)
Final grading plans as required by the Township
Engineer.
(f)
Proposals for soil erosion and sediment control
as required by N.J.S.A. 4:24-39 et seq.
(5)
The final submission shall be accompanied by the following
documents:
(a)
Certificate from the Township Tax Collector
that all taxes are paid up-to-date.
(b)
Letters directed to the Chairman of the Board
and signed by a responsible official of the lighting agency, water
company, and of any other company or governmental authority or district
which provides accessory utility service and has jurisdiction in the
area, approving each proposed utility installation design and stating
who will construct the facility so that service will be available
prior to occupancy. The designing engineer(s) shall certify to the
Board that the existing cross section(s) and profile(s) have been
run in the field, and the field notes shall be forwarded to the Township
Engineer.
(d)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 215-101 of this chapter, and that such improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guarantee.
C.
Action by the Township.
(1)
The Planning Board or Zoning Board of Adjustment,
as the case may be, and its professional advisors and Site Review
Committee shall review the aforesaid application for the purpose of
determining, within 45 days of its submission, whether the application
is complete. Thereafter:
(a)
If the application is found to contain all of the information required by § 215-84B, the Board shall certify that the application is complete.
(b)
If the application is found to lack some of the information required by § 215-84B, the Board shall either:
[1]
Cause the applicant to be notified, in writing,
that said application is incomplete, specifying the deficiencies in
the application; or
[2]
If the Board reasonably concludes that the missing
items of information are not necessary for it to make an informed
decision on the application, the Board may waive the requirement that
the items be supplied as a prerequisite for completeness and certify
that the application is complete notwithstanding the missing items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 215-84B, and the request shall be granted or denied by the Board within 45 days.
(d)
In the event the Board fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the aforesaid application is certified
complete or on the 46th day following the submission of the application
in the event the Board fails to make a determination of completeness,
as the case may be, the applicable time period within which the Board
must act upon the application shall commence. In any case, the applicant
is obliged to prove that he or she is entitled to approval of the
application. The Board may subsequently require correction of any
information found to be in error, may require submission of additional
information not specified in this chapter, and/or may require revisions
in the application documents as are reasonably necessary to make an
informed decision as to whether the requirements for approval of the
application have been met, provided that the application shall not
be deemed incomplete for lack of any such additional information or
revisions.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the Administrative Officer
to the following:
(a)
Secretary of the Planning Board or Secretary
of the Zoning Board of Adjustment, as the case may be: four copies
of the final plat or plan and four copies of the application.
(b)
Environmental Commission: one copy each of the
final plat or plan and the application.
(c)
Township Planner: one copy each of the final
plat or plan and the application.
(d)
Township Engineer: two copies each of the final
plat or plan and the application.
(e)
At the direction of the Planning Board or the
Zoning Board of Adjustment, as the case may be, additional copies
of the final plat or plan shall be sent to other Township, county
or state agencies and officials.
(4)
The Board shall take action on final site plan and
final subdivision applications within 45 days after the application
has been certified complete or within such further time as may be
consented to by the applicant. Failure of the Board to act within
the prescribed time period shall constitute approval of the application.
(5)
The recommendations of those agencies and officials
to whom the final plat or plan was submitted shall be given careful
consideration in the final decision on the development application.
If the County Planning Board or the Township Engineer approve the
final submission, such approval shall be noted on the plat or plan.
If the Board acts favorably on the final plat or plan, the Township
Engineer and the Chairman and Secretary of the Board (or the Acting
Chairman or Secretary, where either or both may be absent) shall affix
their signatures to at least 10 paper copies of the plat or plan with
the notification that it has been approved. The applicant shall furnish
such copies to the Board for signing. Additionally, in the case of
final subdivisions only, the applicant shall include one cloth copy
and at least two Mylar copies of the approved plat in addition to
the 10 paper copies.
(6)
After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 215-95F:
(a)
Administrative Officer: one paper copy and,
if required, one Mylar and one cloth copy.
(b)
Township Engineer: two paper copies and one
Mylar copy.
(c)
Construction Official: one paper copy.
(d)
Township Tax Assessor: one paper copy.
(e)
Mercer County Planning Board;
(f)
The applicant: one paper copy and, if required,
one Mylar copy.
(g)
Such other Township, county or state agencies
and officials as directed by the Board.
(7)
Within 95 days of the date of approval by the Board
of a final subdivision plat, the subdivider shall file a copy of same
with the Mercer County Clerk. In the event of failure to file within
said 95 days, the approval of the major subdivision shall expire and
any further proceedings shall require the filing of a new application
as in the first instance. The Board, for good cause shown, may extend
the filing for an additional 95 days.
(8)
If the Board, after consideration and discussion of
the final plat or plan, disapproves the submission, a notation to
that effect shall be made by the Chairman of the Board on the plat
or plan. The Secretary of the Board, within 10 days of such adoption,
shall notify the applicant of such disapproval and forward the applicant
a copy of the adopted resolution setting forth the reasons for the
disapproval.
D.
Effect of final approval.
(1)
Final approval of a subdivision or site plan shall
confer upon the applicant the following rights for a period of two
years from the date of final approval;
(a)
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.
(b)
If the developer has followed the standards
prescribed for final approval, the Board may extend the period of
protection for extensions of one year each, not exceeding three such
extensions.
(2)
In the case of a residential cluster subdivision of 50 acres or more or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in § 215-84D(1) hereinabove for such period of time longer than two years as shall be determined by the Board to be reasonable, taking into consideration:
(3)
The developer may apply thereafter and the Board may
thereafter grant an extension to preliminary approval for such additional
period of time as shall be determined by the Board to be reasonable,
taking into consideration: