The Planning Board shall have the power to review
and either approve or deny conditional uses or 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 be for subdivision, conditional
use or plan approval, shall apply. Whenever approval of a conditional
use is requested by the applicant pursuant to this section, notice
of the hearing on the plat or plan shall include reference to the
request for such conditional use.
A.
Hearings shall be required as part of approval for
all applications for development.
B.
Maps and documents and exhibits on file. A complete
set of maps, documents and exhibits shall be on file at the office
of the Planning Board at least 10 days prior to the date of the noticed
hearing.
C.
Public notice of application.
(1)
When required. A public notice shall be required for
preliminary approval of all major subdivision applications, approval
of all minor plan and minor subdivision applications requiring a zoning
variance to be granted by the Planning Board, and of all site plan
applications. Such notice shall be required as part of a development
application's requirements for a determination of completeness. Failure
to provide such notice shall deem an application incomplete, irrespective
of its conformity with applicable Township ordinance requirements.
[Amended 5-3-2007 by Ord. No. O-2007-3; 10-4-2007 by Ord. No. O-2007-14]
(2)
Contents of notice; to whom required and how served.
Notice requirements for hearings, contents of such notices, to whom
required and how served shall be in accordance with the requirements
of N.J.S.A. 40:55D-12.
D.
The municipal agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at their expense; provided that the governing body may provide by ordinance for the municipality to assume the expense of any transcripts necessary for appeal to the governing body, pursuant to Article III, of decisions by the Planning Board pursuant to said article, up to a maximum amount as specified by ordinance. The municipal agency, in furnishing a transcript or tape of the proceedings to an interested party at his expense, shall not charge such interested party more than the actual cost of preparing the transcript or tape. Transcripts shall be certified in writing by the transcriber to be accurate.
A.
The municipal agency shall include findings of fact
and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The municipal
agency shall provide the findings and conclusions through:
(1)
A memorializing resolution adopted at a meeting held
not later than 45 days after the date of the meeting at which the
municipal agency voted to grant or deny approval. Only the members
of the municipal agency who voted for the action taken may vote on
the memorializing resolution, and the vote of a majority of such members
present at the meeting at which the resolution is presented for adoption
shall be sufficient to adopt the resolution. If only one member who
voted for the action attends the meeting at which the resolution is
presented for adoption, the resolution may be adopted upon the vote
of that member. An action pursuant to Section 5 of the Act (N.J.S.A.
40:55D-9) (resulting from failure of a motion to approve an application)
shall be memorialized by resolution as provided above, with those
members voting against the motion for approval being the members eligible
to vote on the memorializing resolution. The vote on any such resolution
shall be deemed to be a memorialization of the action of the municipal
agency and not to be an action of the municipal agency; however, the
date of the adoption of the resolution shall constitute the date of
the decision for purposes of the mailings, filings and publications
required by Subsections h and i of P.L. 1975, N.J.S.A. 40:55D-10.
If the municipal agency fails to adopt a resolution or memorializing
resolution as herein above specified, any interested party may apply
to the Superior Court in a summary manner for an order compelling
the municipal agency to reduce its findings and conclusions to writing
within a stated time, and the cost of the application, including attorney's
fees, shall be assessed against the municipality.
B.
County Planning Board approval. Whenever review or
approval of any application by the County Planning Board is required,
the Planning Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board or upon County Planning Board approval by default for
failure to report thereon within the required time period.
C.
Developments barred by administrative or judicial
order. In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any state agency, political subdivision
or court of competent jurisdiction to protect the public health and
welfare, the Planning Board shall process such application for development
in accordance with this article, and if such application complies
with the requirements of this article, the Planning Board shall approve
such application conditioned on removal of such legal barrier to development.
D.
Approval by other governmental agencies. In the event
that development proposed by an application for development requires
an 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.
E.
Decisions to be furnished to applicant and others.
A copy of each decision shall be mailed by the Planning Board, within
10 days after the date of decision, to the applicant, or if represented,
then to their attorney, without separate charge, and to all others
upon request for a fee as noted in this chapter.
F.
Filing in office of Planning Board Secretary. A copy
of each decision shall also be filed by the Planning Board in the
office of the Planning Board Secretary who shall make a copy of the
filed decision available to any interested party for a fee as noted
in this chapter and available for public inspection at their office
during reasonable hours.
G.
Publication. A brief notice of each decision shall
be published by the Planning Board Secretary, and the Township may
make a reasonable charge for such publication. The applicant also
may cause such publication to be made if they so desire. The time
for appeal from the decision shall run from the first publication,
whether made by the Planning Board Secretary or the applicant.
H.
Time for decision on applications to Planning Board for preliminary approval of site plans and major subdivisions. Preliminary approval shall be granted or denied on applications to the Planning Board for a plan of 10 acres or less or for a major subdivision of 10 or fewer lots within 45 days, and for a site plan of more than 10 acres or for a major subdivision of more than 10 lots within 95 days, after the date of submission of a complete application to the Board Secretary except as otherwise provided in § 96-38L through O.
I.
Time for decision on applications to Planning Board for minor subdivision approval and final approval of plans and major subdivisions. Final approval of plans, major subdivisions, and approval of minor subdivisions shall be granted or denied on applications to the Planning Board within 45 days after the date of submission of a complete application to the Board Secretary except as otherwise provided in § 96-38L through O.
J.
Time for decision when Planning Board reviews conditional
uses or plans simultaneously with subdivisions. Whenever the Planning
Board reviews conditional uses or plans simultaneously with subdivisions,
the longer or longest period of time for action in any such case shall
apply to all such cases.
K.
Time for decision when Planning Board reviews applications
for subdivision, plan or conditional use approval that includes request
for variance. Whenever an application to the Planning Board for approval
of a subdivision plat, plan or conditional use includes a request
for a variance pursuant to N.J.S.A. 40:55D-60, the Planning Board
shall grant or deny approval of the application within 120 days after
the date of submission of a certified complete application to the
Planning Board Secretary. In the event that the developer elects to
submit separate consecutive applications, the aforesaid provision
shall apply to the application for approval of the variance or direction
for issuance of a permit. The period for granting or denying and subsequent
approval shall be as otherwise provided in this chapter.
L.
Time for decision when Planning Board reviews application
for conditional use that includes request for plan approval. Whenever
the Board reviews an application for conditional use that includes
a request for plan approval, the Board shall grant or deny approval
of the application within 95 days after the date of submission of
a certified complete application to the Board Secretary.
M.
Time for decision when Combined Board reviews subdivision,
plan or conditional use in conjunction with use variance. Whenever
an application is made to the Combined Board for subdivision, plan
or conditional use approval in conjunction with the Board's review
of a use variance, the Combined Board shall grant or deny approval
of the application within 120 days after the date of submission of
a certified complete application to the Board Secretary.
N.
Extension of time for decision. Any time period for
action by the Planning Board may be extended with the consent of the
applicant or appellant.
O.
Failure to make decision within time. The failure
of the Planning Board to act within such time period or extension
thereof shall constitute a decision favorable to the applicant or
appellant. A certificate of the Planning Board Secretary as to such
failure shall be issued on request of the applicant or appellant,
and it shall be sufficient in lieu of written endorsement or other
evidence of approval required by this section and shall be accepted
as such by the County Clerk for purposes of filing subdivision plats.
A.
A corporation or partnership applying to the Planning
Board or the Board of Adjustment for approval to subdivide a parcel
of land or for approval of a site to be used for commercial or industrial
purposes shall be represented by an attorney, and shall list the names
and addresses of all stockholders or individual partners owning at
least 10% of its stock of any class or at least 10% of the interest
in the partnership, as the case may be.
B.
Disclosure of 10% ownership interest of corporation or partnership which is 10% of applying corporation or partnership. If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the 10% ownership criterion established in this act, have been listed.
D.
Violations and penalties. Any corporation or partnership
which conceals the names of the stockholders owning 10% or more of
its stock, or of the individual partners owning a 10% or greater interest
in the partnership, as the case may be, shall be subject to a fine
of $1,000 to $10,000, which shall be recovered in the name of the
municipality in any court of record in the state in a summary manner
pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).[1]
[1]
Editor's Note: Sections 2A:58-1 to 2A:58-9
were repealed by L. 1999, c. 274, § 4. See now N.J.S.A.
2A:58-10 et seq.
A.
Conditions precedent.
(1)
Whenever any application for development is approved
subject to specified conditions, intended to be fulfilled before the
approval becomes effective, said conditional approval shall lapse
and become null and void unless all specified conditions are fulfilled
within 95 days of the date of conditional approval.
(2)
The fulfillment of all conditions precedent shall
be reported in writing to the municipal agency, which may cause such
reports to be verified in an appropriate manner. Only upon fulfillment
of all conditions shall any subdivision map or plan be signed or any
required building permit, occupancy permit or zoning permit be issued.
B.
Conditions subsequent. Whenever any application for
development is approved subject to conditions, which by their terms
are incapable of being fulfilled or are not required to be fulfilled
prior to the final approval of an application, the performance of
which is not guaranteed by bonds or securities of any type, failure
to fulfill any such conditions within six months from the date of
the resolution memorializing final approval of the application for
development shall be grounds for the issuance of a stop-work order
by the enforcing official and the withholding of any zoning permit,
certificate of occupancy, or any other approval until such condition
or conditions are fulfilled. Further, the enforcing official, including
but not limited to the Zoning Officer or the Construction Officer,
shall be permitted to bring a civil enforcement action and, if warranted,
a criminal enforcement action to address the failure to comply with
any such condition.
[Amended 6-5-2008 by Ord. No. O-2008-4]
C.
Nothing herein contained shall be construed as preventing
the municipal agency from specifying a longer period of time within
which any specific condition must be fulfilled, or from granting,
upon an ex parte application, an extension of time for good cause
shown.
D.
The fulfillment of all conditions shall be reported
in writing to the municipal agency, which may cause such reports to
be verified in an appropriate manner. Only upon fulfillment of all
conditions shall any subdivision map or plan be signed or any required
building permit, occupancy permit, zoning permit or other required
approval be issued.
E.
Modification or elimination of a condition of approval.
[Amended 6-5-2008 by Ord. No. O-2008-4]
(1)
Public notice; approval of changes by Planning Board.
(a)
Public notice of a hearing shall be given for
a request to modify or eliminate a significant condition in a memorializing
resolution of approval of an application for development.
(b)
The Planning Board may approve changes to conditions
attached to an approved subdivision or site plan as an administrative
matter without public notice if it is determined by the Planning Board
that the change requested is not a significant change to a substantial
condition of the approval.
(2)
The Planning Board may establish an administrative
review committee to determine whether the requested change is a significant
change to a substantial condition of the approval and to address all
applications for change determined to be of a minor or nonsignificant
nature. If the administrative review committee determines that the
change is not a substantial change to the prior approval granted by
the municipal agency, then it shall evaluate the request and recommend
a course of action to the Planning Board for its consideration. If
the administrative review committee determines that the request is
a substantial change to the approved development plan, then the matter
cannot be decided by the subcommittee but must be referred to the
Planning Board for consideration at public hearing on public notice
pursuant to statute. If no administrative review committee has been
established, requests will be heard by the Planning Board upon application.
(3)
In order to request a change to a condition of approval,
an applicant shall submit 15 copies of a written statement detailing
the nature of the requested change, along with plans or diagrams outlining
the change, if appropriate, and the required application fee and review
escrow. Upon receipt of a complete application package, the Planning
Board Secretary will set a date for consideration of the request by
the Planning Board.
(4)
Submission deadline; application fee; review escrow.
(a)
All applications, fees, escrows and supporting
documentation shall be submitted no less than 10 days before the meeting
date for the application.
(b)
Application fee. The application fee to request
a change to an approved development shall be the sum of $100 to be
paid to the Township of Elk and delivered to the Secretary of the
Planning Board at the time the application is filed.
(c)
Review escrow. A minimum review fee or escrow
in the amount of $500 shall be paid by the applicant with the submission
of its request for a change to its approval. The Township of Elk shall
hold this sum in escrow, for use in payment of all review fees which
are generated as a result of the application. Any sums not utilized
in the review process shall be returned to the applicant. An accounting
of all sums expended will be provided to the applicant. In the event
additional sums shall be required, the applicant shall be notified,
in writing, by the CFO of the required additional amount, and the
applicant shall promptly submit such additional amount as escrow to
the Township of Elk. In the event the applicant fails, within 20 days
of receiving notice of an escrow deficiency, to submit the additional
sums required, the request shall be held in abeyance until such time
as the applicant shall correct the deficiency. In the event there
is any deficiency at the completion of all proceedings and hearings,
the applicant shall pay all costs in full before the Township of Elk
shall issue any building permit. The CFO shall advise the Construction
Official of the deficiency. The Construction Official shall not issue
any building permit until all such deficiencies have been paid in
full.
A.
Prior to the granting of final approval, the developer
shall have installed improvements required by the Planning Board or
have posted a performance guaranty or surety sufficient to cover the
costs of said improvements. The Planning Board may solicit local,
county, state, federal, public or semipublic agencies and knowledgeable
individuals on what improvements shall be required. Improvements recommended
by other agencies, such as a utilities authority, county, state or
other governmental agencies, may be required by the Planning Board
as a condition of final approval. The construction standards, and
improvements herein are necessary to protect the health, safety, welfare,
and convenience of the residents and public as well as needed to meet
local, county, regional, state and national goals and objectives.
B.
Additional elements necessitated by topography such
as retaining walls, cribbing, ground cover, diversionary swales, and
guardrails, shall be installed as necessary to prevent erosion, hazard,
and unusual problems of maintenance.
C.
Electrical, telephone lines and similar utilities
lines shall be underground from existing utility poles.
A.
As a condition of final approval and prior to starting
any construction of the required improvements, the developer must
submit final detailed construction plans to the Township Engineer
for review and approval and shall pay to the Township Treasurer, by
cash or certified check, the inspection fee which shall be determined
by the Municipal Engineer for both private and public improvements.
B.
All of the required public improvements for a development,
during and upon completion of their construction, shall be subject
to inspection and approval by the Township Engineer and Township Planner,
who shall be notified by the developer at least 24 hours prior to
the start of construction. On-site private improvements relating to
drainage, landscaping and circulation as shown on an approved final
development plan shall also be subject to inspection and approval
by the Township Engineer and Township Planner.
C.
No underground installations shall be covered until
inspected and approved by the Township Engineer. At a minimum, the
Township Engineer will make the following inspections:
(1)
Roadway subgrade prior to placing subbase material
and/or bituminous stabilized base course material.
(2)
The bituminous stabilized base course material after
complete compaction and prior to applying bituminous material tack
coat for the bituminous concrete surface course.
(3)
Bituminous concrete surface course materials while
it is being laid.
(4)
Finished bituminous concrete surface course pavement.
(5)
Concrete curb and sidewalks, when the forms are laid
and the subgrade is leveled and tamped prior to placing concrete;
also during the placing and finishing of the concrete.
(6)
Such inspections as the Township Engineer shall deem
necessary of the pipe drains, inlets, municipal utilities lines and
appurtenances, etc., while pipes, etc., are being laid and prior to
backfilling trenches, inlets and manholes while being constructed.
D.
Approval or reasons for withholding approval for either
public or private improvements shall be given promptly, and in any
event within 45 days after inspection. If work proceeds without such
approval or not in compliance therewith, the Township Engineer, in
addition to any other remedies available to the municipality, may
issue an order requiring immediate cessation of the affected work
and prohibiting resumption thereof until approval is obtained or noncompliance
corrected.
Prior to the acceptance by the Township of any
street or other improvement in a subdivision, or release of performance
bond covering same, there shall be filed with the Township Engineer
a deed of dedication containing a metes and bounds description of
all easements, two paper prints, plus one reproducible polyester film
tracing (matte finish) (base thickness, 0.001 inch) as-built plans
and profiles drawn to a scale of one inch equals five feet vertically,
which plans and profiles shall be based on a final survey and shall
be the United States Coast and Geodetic Control Survey datum. Such
drawing shall show how streets and other improvements were actually
constructed or installed. The following data must be shown with measurements
from the property lines:
A.
Plans and profiles of the streets showing elevations
as constructed and reference bench marks.
B.
Plans and profiles of sanitary storm sewers showing
elevations of inverts of manholes and catch basins and elevations
of inlet gratings and manhole rims; also locations of sanitary sewer,
laterals dimensioned from main and reference dimensions to "T" or
"V" connections from manholes.
C.
Acceptance of streets and improvements by the Township
and release of any performance guaranty shall be in accordance with
N.J.S.A. 40:55-53.
The applicant for any plan approval that requires
certification by the Soil Conservation District of a plan for soil
erosion and sediment control shall also submit an environmental impact
statement, in triplicate, signed and sealed by a New Jersey licensed
engineer or a New Jersey licensed professional planner, preferably
with experience in environmental studies. As used in this chapter,
an "environmental impact statement" means a written description and
analysis of all possible direct and indirect effects the development
will have upon the development's site as well as upon the surrounding
region affected thereby, with particular reference to the effect of
the development upon the public health, welfare and safety, the protection
of public and private property, and the preservation and enhancement
of the natural environment. Every environmental impact statement (EIS)
shall contain the following:
A.
A key map showing the location of the development
and how it relates to the surrounding region affected thereby.
B.
A description of the development specifying, in the
form of maps, drawings, graphs or similar visual aids, and also by
narrative, what is to be done and how it is to be done during and
after construction of the development, including information and technical
data adequate to permit a careful assessment of the environmental
impact of the development.
C.
An inventory of the existing environmental conditions
at the development site and in the surrounding region affected thereby
which shall describe the following:
(1)
Physical characteristics.
(a)
Air quality.
(b)
Hydrology, including maps and descriptions of
streams, water bodies and floodplains and a discussion of water quality.
(c)
Geology.
(d)
Soils and their properties, including capabilities
and limitations.
(e)
Topography and slope.
(f)
Drainage.
(g)
Vegetation.
(h)
Air quality and water quality shall be described
with reference to the standards promulgated by the Department of Environmental
Protection of the State of New Jersey, and soils shall be described
with reference to criteria contained in the Gloucester County, New
Jersey Soil Survey Standards and Specifications, issued by the United
States Department of Agriculture Soil Conservation Service.
D.
A listing of all licenses, permits or other approvals
required by municipal, county or state law, the status of each, and
proof that the applicant has contacted officials of any federal, state,
county or municipal agency affected by the proposed development.
E.
An assessment of the probable impact of the development upon all of the topics listed in Subsection C above.
F.
A listing and evaluation of adverse environmental
impacts which cannot be avoided, with particular emphasis upon air
or water pollution, increase in noise during and after construction,
damage to plant, tree and wildlife systems, damage to natural resources,
displacement of people and businesses, increase in sedimentation and
siltation, flooding, potential stormwater runoff damage both on and
off site, increase in municipal services, and health, safety and well-being
of the public. Off-site and off-tract impact shall also be set forth
and evaluated.
G.
A thorough description of the steps to be taken to
minimize adverse environmental impact before, during and after construction
of the development, both at the development site and in the surrounding
region affected thereby, such description to be accompanied by necessary
maps, schedules and other explanatory data as may be needed to clarify
and explain the actions to be taken.
H.
Any irreversible and irretrievable commitment of resources
which would be involved in the proposed action shall be identified
and described.
I.
A statement of alternatives to the proposed development
which might avoid some or all of the adverse environmental effects,
including a no-action alternative, with an objective evaluation of
each alternative including the no-action alternative.
J.
A reference list of available pertinent, published
information relating to the development, the development site, and
the surrounding region affected thereby.
K.
Notwithstanding the foregoing, the reviewing board
may waive the requirement for an environmental impact statement (EIS)
if sufficient evidence is submitted by the applicant to support a
conclusion that the proposed development will have a slight or negligible
environmental impact. Portions of such requirement may likewise be
waived upon a finding by the Board that a complete EIS need not be
prepared in order to evaluate adequately the environmental impact
of the development.
L.
Environmental considerations: Environmental elements
relating to soil erosion, preservation of trees, protection of watercourses,
topography, soil, and wildlife shall be reviewed, and the design of
the plan shall minimize any adverse impact on these elements. Whenever
possible, the natural features of a site are to be preserved, floodplains
respected, and excessive cuts or fill avoided. In reviewing a site
plan, the reviewing authority shall take into consideration the effect
of the development upon all aspects of the environment as outlined
in the EIS requirements, as well as the sufficiency of the applicant's
proposal in their EIS for dealing with any immediate or projected
adverse environmental effects. The reviewing authority may require,
as a condition of approval of the application, that steps be taken
to minimize the adverse environmental impact during and after construction,
and no final approval shall be issued until all such requirements
shall have been complied with or compliance is guaranteed by a performance
guarantee meeting the standards, requirements and procedures set forth
in this section.
