[Amended 12-1-1980 by Ord. No. 13-1980]
A.
Any owner of land within the Township may, prior to
the subdividing or resubdividing of land as defined in this chapter,
submit to the Secretary of the Planning Board, at least 14 days before
the date of the monthly meeting of the Board, 12 copies of a plan
of the proposed subdivision for the purpose of preliminary discussion
and classification as exempt, minor or major subdivisions. The Board
or a duly appointed committee of the Board may consider informal sketches
of proposed subdivisions or site plans for the purpose of classification.
The Board shall not docket the plans for hearing nor act upon them
until an application is filed after classification of the plan by
the Board or its duly authorized committee.
B.
At the request of the developer, the Planning Board
shall grant an informal review of a concept plan for the development
for which the developer intends to prepare and submit an application
for development. The developer shall not be required to submit any
fees for such an informal review. 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.
A.
All plans when first submitted shall be deemed preliminary
plans. The Planning Board shall review preliminary plans to determine
whether the plans comply with the following:
(1)
The purposes stated in the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
(2)
The requirements of this chapter, including standards of design established in Article VII herein.
(3)
The requirements of the National Flood Insurance Act
of 1968, as amended, to ensure that:
(a)
All subdivision proposals are consistent with
the need to minimize flood damage.
(b)
All public utilities and facilities, such as
sewer, gas, electrical and water systems, are located, elevated and
constructed to minimize or eliminate flood damage.
(c)
Adequate drainage is provided so as to reduce
exposure to flood hazards.
(4)
Whether the plans have been referred to appropriate
agencies for review if so required by the Coastal Wetlands Act (N.J.S.A.
13:9A-1 et seq.), the New Jersey County and Regional Planning Enabling
Act (N.J.S.A. 40:27-6.3), the Realty Improvement Sewerage and Facilities
Act, 1954 (N.J.S.A. 58:11-25.1), the Flood Control Act, 1972 (N.J.S.A.
58:16A-50 et seq.) or other applicable environmental laws, rules or
regulations. In the event that the application requires approval by
a governmental agency other than the Planning Board, the Planning
Board shall, in appropriate instances, condition its approval upon
the subsequent approval of such governmental agency.
B.
If the preliminary plans, or any application filed
with such plans, are not complete, the applicant shall be notified
thereof by the Secretary of the Planning Board within 45 days after
said plans or application were filed with said Secretary. The date
of filing with said Secretary shall be deemed to be the date of submission
of preliminary plans and/or applications. An application shall be
certified as complete immediately upon the meeting of all requirements
specified in this chapter and in the rules and regulations of the
Planning Board and shall be deemed complete as of the day it is so
certified by the Secretary of the Planning Board for the purposes
of the commencement of the time period for action by the Planning
Board.
[Amended 12-1-1980 by Ord. No. 13-1980]
C.
Upon the submission of a complete application for
a subdivision of 10 or fewer lots or a minor site plan which involves
10 acres of land or less and 10 dwelling units or less, the Planning
Board shall grant or deny preliminary approval within 45 days of the
date of such submission or within such further time as may be consented
to by the applicant.
[Amended 12-1-1980 by Ord. No. 13-1980]
D.
Upon the submission of a complete application for
a subdivision of more than 10 lots or a site plan which involves more
than 10 acres of land or more than 10 dwelling units, the Planning
Board shall grant or deny preliminary approval within 95 days of the
date of such submission or within such further time as may be consented
to by the applicant.
[Amended 12-1-1980 by Ord. No. 13-1980]
F.
If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the applicant that have
been the subject of a hearing, an amended application shall be submitted
and proceeded upon as in the case of the original application for
preliminary approval.
G.
When acting upon an application for preliminary approval,
the Planning Board shall have the power to grant such exceptions from
the requirements for subdivision approval or site plan approval as
may be reasonable and within the general purpose and intent of this
chapter if the literal enforcement of one or more provisions is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
H.
Each decision of the Planning Board on any application
for development shall be memorialized by a written resolution which
shall include findings of fact and conclusions based thereon. Failure
of a motion to approve an application for development to receive the
number of votes required for approval shall be deemed an action denying
the application. The resolution shall state that preliminary approval
of a major subdivision plan or of a site plan shall confer upon the
applicant rights for a three-year period from the date of preliminary
approval, which rights are set forth in detail under N.J.S.A. 40:55D-49,
a copy of which law shall be attached to said resolution. The resolution
containing the findings of facts and conclusions may be provided by
the Planning Board either at the meeting in which action is taken
by the Board or at a later meeting. The adoption of the resolution
shall not be construed to alter the applicable time period for rendering
a decision on an application for development by the Planning Board.
Any vote taken by the members of the Planning Board on said resolution
shall be deemed to be a memorialization of an action of the Planning
Board and not an action thereof, except that failure to adopt such
a resolution within 45 days from the meeting in which an action was
taken shall result in the approval of the application for development,
notwithstanding any prior action taken thereon.
[Amended 12-1-1980 by Ord. No. 13-1980]
I.
Conditional approvals. Where the application for subdivision or site plan approval is subject to review and/or approval of other governmental agencies, such as the Gloucester County Planning Board and those agencies listed in Subsection A(4), preliminary approval shall be subject to the condition that other necessary approvals be obtained from such agencies, and the resolution granting approval shall so state this condition.
[Added 12-28-2000 by Ord. No. 34-2000]
A.
Preliminary approval of a subdivision plat shall confer
upon the applicant the following rights for a three-year period from
the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs
and sidewalks; lot size; yard dimension and on-site and off-tract
improvements; and any requirements peculiar to the specific subdivision
plat. The Township may modify by ordinance such general terms and
conditions of preliminary approval as they 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.
B.
Extension of preliminary approval.
(1)
The applicant may apply for and the Planning Board
may grant extensions on such preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
(2)
In the case of a subdivision plat for an area of 50
acres or more, the Planning Board may grant the rights referred to
above for such period of time, longer than three years, as shall be
determined by the Planning Board to be reasonable taking into consideration
(1) the number of dwelling units and nonresidential floor area permissible
under preliminary approval; (2) economic conditions; and, (3) the
comprehensiveness of the development. The applicant may apply for
thereafter and the Planning Board may thereafter grant an extension
to preliminary approval for such additional period of time as shall
be determined by the Planning Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
(b)
The potential number of dwelling units and nonresidential floor area
of the section or sections awaiting final approval;
(c)
Economic conditions; and
(d)
The comprehensiveness of the development; provided that if the design
standards have been revised, such revised standards may govern.
A.
The Planning Board shall grant final approval of site
plans and major subdivisions if the detailed drawings, specifications
and estimates of the application for final approval conform to the
standards established by this chapter for final approval, the conditions
of preliminary approval and, in the case of a major subdivision, the
standards prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A.
46:23-9.9 et seq.).
B.
Upon the submission of a complete application for
final subdivision or site plan approval, the Planning Board shall
grant or deny final approval within 45 days after submission or within
such further time as may be consented to by the applicant.
C.
The date of submission shall be the date of filing
with the Secretary of the Planning Board. Failure of the Planning
Board to act within 45 days of the date of submission of a complete
application of the final subdivision or site plan shall constitute
final approval, and a certificate of the Secretary of the Planning
Board as to the failure of the Planning Board to act shall be issued
on request of the applicant, and it shall be sufficient in lieu of
the written endorsement or other evidence of approval herein required
and shall be so accepted by the county recording officer for the purposes
of filing subdivision plats.
D.
Whenever review or approval of the final subdivision
or site plan application by the County Planning Board is required
pursuant to N.J.S.A. 40:27-6.3 or N.J.S.A. 40:27-6.6, the municipal
Planning Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board or approval by the County Planning Board by its failure to report
thereon within the required time.
E.
Resolutions shall be required as follows:
(1)
Approval of final subdivision or site plans by the
Planning Board shall be by written resolution, stating the action
of the Board and conditions, if any, attached to approval.
(2)
Disapproval of final subdivision or site plans by
the Planning Board shall be by written resolution, stating the reasons
for disapproval.
F.
Conditional approvals. Where the application for final subdivision or site plan approval is subject to review and/or approval of other governmental agencies, such as the Gloucester County Planning Board and those agencies listed in § 610-6A(4), final approval shall be subject to the condition that other necessary approvals be obtained from such agencies, and the resolution granting approval shall so state this condition.
A.
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the applicant
pursuant to Section 37 of P.L. 1975, c.291 (N.J.S.A. 40:55D-49), whether
conditional or otherwise shall not be changed for a period of two
years after the date on which the resolution of final approval is
adopted; provided that in the case of a major subdivision, the rights
conferred by this section shall expire if the plat has not been duly
recorded within the time period provided in Section 42 of P.L. 1975,
c.291 (N.J.S.A. 40:55D-54).
[Amended 12-28-2000 by Ord. No. 34-2000]
B.
If the applicant has followed the standards prescribed
for final approval, and, in the case of a subdivision, has duly recorded
the plat as required in Section 42 of P.L. 1975, c.291 (N.J.S.A. 40:55D-54),
the Planning Board may extend such period of protection for extensions
of one year but not to exceed three extensions. Notwithstanding any
other provisions of this act, the granting of final approval terminates
the time period of preliminary approval pursuant to Section 37 of
P.L. 1975, c.291 (N.J.S.A. 40:55D-49) for the section granted final
approval.
[Amended 12-28-2000 by Ord. No. 34-2000]
C.
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 development of a nonresidential
floor area of 200,000 square feet or more, the Planning Board may
grant the rights referred to in this section for such period of time
longer than two years as shall be determined by the Planning Board
to be reasonable, taking into consideration the number of dwelling
units and nonresidential floor area permissible under final approval,
economic conditions and the comprehensiveness of the development.
The developer may apply for thereafter and the Planning Board may
thereafter grant an extension of final approval for such additional
period of time as shall be determined by the Planning Board to be
reasonable, taking into consideration the number of dwelling units
and nonresidential floor area permissible under final approval, the
number of dwelling units and nonresidential floor area remaining to
be developed, economic conditions and the comprehensiveness of the
development.
[Amended 12-28-2000 by Ord. No. 34-2000]
D.
After the applicant has obtained final approval of a site plan or major subdivision and, in the case of a subdivision, has duly recorded the plat as required in § 610-11, the applicant shall proceed with actual development of the land within the period of one year following the date of approval and continue with development without a delay of one-year duration. Failure of the applicant to proceed with actual development and continue such development shall be presumed to be an abandonment of the approvals obtained and shall result in the expiration of such approvals, unless the applicant shall apply to the Planning Board for an extension of time to proceed with actual development, such application to be made before expiration of the one-year period herein provided. The Planning Board shall grant the application for extension of time upon good cause being shown by the application for the delay in actual development. If there is no actual development of such land within one year following the date of approval or, if after development begins, a one-year delay in development occurs and there is no extension of time applied for and granted by the Board, construction permits for such land shall be withheld pending a new complete application to the Board for current review of provision for drainage, provision for circulation systems, the availability of utilities and services and the adequacy of performance guaranties previously submitted.
A.
The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the Planning Board or the Planning
Board being required to hold further hearings. The longest time period
for action by the Planning Board, whether it shall be for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer pursuant to this
section, notice of the hearing on the plat shall include reference
to the request for such conditional use.
B.
The Planning Board, when reviewing applications for
approval of subdivision plats, site plans or conditional uses, shall
have the power to grant, to the same extent and subject to the same
restrictions as the Board of Adjustment:
[Amended 12-1-1980 by Ord. No. 13-1980]
(1)
Variances, pursuant to N.J.S.A. 40:55D-70c, from lot
area, lot dimensional, setback and yard requirements.
(2)
Direction, pursuant to N.J.S.A. 40:55D-34, for 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.
(3)
Direction, pursuant to N.J.S.A. 40:55D-36, for issuance
of a permit for a building or structure not related to a street.
C.
Whenever relief is requested pursuant to this section,
notice of the hearing on the application for development shall include
reference to the request for a variance or direction for issuance
of a permit, as the case may be.
A.
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 subdivider with the county
recording officer. The Planning Board may, for good cause shown, extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat.
B.
No subdivision plat may be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to § 610-8C. The signature of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to § 610-27.
[Amended 12-1-1980 by Ord. No. 13-1980[1]]
A.
Any interested party may appeal to the governing body
any final decision of the Combined Planning/Zoning Board approving
an application for development pursuant to Subsection d of Section
57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70), if so permitted by ordinance.
Such appeal shall be made within 10 days of the date of publication
of such final decision pursuant to Subsection i of Section 6 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-10). In the case of any board established
pursuant to Article 10 of P.L. 1975, c. 291, the governing body of
the municipality in which the land is situated shall be the "governing
body" for purposes of this section. The appeal to the governing body
shall be made by serving the Township Clerk in person or by certified
mail with a notice of appeal, specifying the grounds thereof and the
name and address of the appellant and name and address of his attorney,
if represented. Such appeal shall be decided by the governing body
only upon the record established before the Combined Planning/Zoning
Board.
B.
Notice of the meeting to review the record below shall
be given by the governing body by personal service or certified mail
to the appellant, to those entitled to notice of a decision pursuant
to Subsection h of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10)
and to the board from which the appeal is taken, at least 10 days
prior to the date of the meeting. The parties may submit oral and
written argument on the record at such meeting, and the governing
body shall provide for verbatim recording and transcripts of such
meeting pursuant to Subsection f of Section 6 of P.L. 1975, c. 291
(N.J.S.A. 40:55D-10).
C.
The appellant shall, within five days of service of the notice of the appeal pursuant to Subsection A hereof, arrange for a transcript pursuant to Subsection f of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10) for use by the governing body and pay a deposit of $50 or the estimated cost of such transcript, whichever is less, or within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Township Clerk; otherwise, the appeal may be dismissed for failure to prosecute. The governing body shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to Subsection i of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10), unless the applicant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the board.
D.
The governing body may reverse, remand, or affirm
with or without the imposition of conditions the final decision of
the Combined Planning/Zoning Board approving a variance pursuant to
Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).
The review shall be made on the record made before the Combined Planning/Zoning
Board.
E.
The affirmative
vote of a majority of the full authorized membership of the governing
body shall be necessary to reverse or remand to the Combined Planning/Zoning
Board or to impose conditions on or alter conditions to any final
action of the Combined Planning/Zoning Board. Otherwise the final
action of the Combined Planning/Zoning Board shall be deemed to be
affirmed; a tie vote of the governing body shall constitute affirmance
of the decision of the Combined Planning/Zoning Board.
F.
An appeal
to the governing body shall stay all proceedings in furtherance of
the action in respect to which the decision appealed from was made,
unless the board from whose action the appeal is taken certifies to
the governing body, after the notice of appeal shall have been filed
with such board, that by reason of facts stated in the certificate,
a stay would, in its opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court on application upon notice to the board from
whom the appeal is taken and on good cause shown.
G.
The governing
body shall mail a copy of the decision to the appellant or, if represented,
then to his attorney, without separate charge, and for a reasonable
charge to any interested party who has requested it, not later than
10 days after the date of the decision. A brief notice of the decision
shall be published in the official newspaper of the municipality,
if there be one, or in a newspaper of general circulation in the municipality.
Such publication shall be arranged by the applicant unless a particular
municipal officer is so designated by ordinance; provided that nothing
contained herein shall be construed as preventing the applicant from
arranging such publication if he so desires. The governing body may
make a reasonable charge for its publication. The period of time in
which an appeal to a court of competent jurisdiction may be made shall
run from the first publication, whether arranged by the municipality
or the applicant.
H.
Nothing
in this section shall be construed to restrict the right of any party
to obtain a review by any court of competent jurisdiction, according
to law.
