[Amended 4-11-2012 by Ord. No. 2012-02]
The Land Use Board has certain powers to expedite
the review process. Its responsibilities are outlined as follows:
A.
Powers of the Land Use Board.
(1)
The Land Use Board shall have the power to grant subdivision
or conditional use approval simultaneously with site plan approval.
(2)
The Land Use Board shall have the power to act on
the following matters when the Land Use 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, 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.
(c)
Direct, pursuant to N.J.S.A. 40:55D-36, for
issuance of a permit for a building or structure not related to a
street.
B.
The Land Use Board shall have the power to grant site
plan, subdivision or conditional use approval whenever the proposed
development requires approval of a variance pursuant to N.J.S.A. 40:55D-70d.
C.
Review. The Land Use Board shall have the power to
act upon subdivision, conditional use, site plan or variance applications
simultaneously without the applicant making further application for
hearings. The longest time period for action by the Board, whether
it is for subdivision, conditional use, site plan or variance approval,
shall apply. Whenever approval of a conditional use or variance is
requested by the applicant in conjunction with a site plan or subdivision
application, notice of the hearing on the plan shall include reference
to the request for such conditional use or variance.
A.
Subdivision review. All subdivisions, as defined under § 19-203, are subject to the review procedures specified herein.
B.
Site plan review.
(1)
No construction permit shall be issued for any new
structure or for an addition or alteration to an existing structure,
and no certificate of occupancy shall be issued for any change of
use of an existing structure until the site plan has been reviewed
and approved by the municipality, except that:
(a)
A construction permit for a single-family detached
dwelling unit or a two-family dwelling unit and/or their accessory
building(s) or uses on a lot shall not require site plan approval,
except that the use of any existing or proposed principal or accessory
building for a home occupation as defined and permitted by this chapter
shall require minor site plan approval prior to the issuance of a
construction permit or certificate of occupancy. The foregoing shall
in no way affect the responsibility of an applicant to submit the
necessary information and receive the necessary approvals as may be
required pursuant to other ordinances.
(b)
Any change of use from one permitted category
of nonresidential use to another permitted category of nonresidential
use shall not require site plan approval if:
[Amended 3-30-2005 by Ord. No. 2005-04]
[1]
Both the Construction Official and Zoning Officer
certify to the Board in writing that the existing site development
meets the requirements of this chapter for the new use category;
[2]
The new use category does not require an increase
in the number of required parking spaces; and
[3]
The Site Plan Committee of the Land Use Board
concurs with the findings of the Construction Official and Zoning
Officer.
[Amended 4-11-2012 by Ord. No. 2012-02]
(c)
Except for farm stands and home occupations,
which shall require minor site plan approval, all other permitted
accessory structures to residential and agricultural/horticultural
uses shall not require site plan approval.
(d)
Building alterations shall not require site
plan approval if the following conditions apply:
[1]
There is no change in use category;
[2]
No additional parking is required;
[3]
No more than 10% additional building coverage
is proposed;
[4]
No variance is required;
[5]
There is no major change in circulation proposed
such as drive-through windows, ingress or egress drives, changes in
internal circulation, loading or unloading, delivery or pickup of
goods and services or trash collection; and
[6]
There are no major changes in a significant
site facility or improvement such as a drainage facility, buffer or
landscaping features and the like.
(e)
Fences not included as part of a site plan application
shall not require site plan approval, but shall require the issuance
of a zoning permit.
(2)
An applicant may elect to file for preliminary and
final site plan approval simultaneously to expedite the review process.
The site plan shall be prepared according to the requirements stipulated
for final approval. Developers electing to bypass the preliminary
approval stage are doing so at the peril of added expense if changes
in design are required.
C.
Variance relief. All applications for variance relief to the Land Use Board not involving any related site plan, subdivision or conditional use approval shall be filed with the Administrative Officer at least 30 days prior to the regular meeting of the Board and shall include 15 copies of any maps and related material; 15 completed copies of the appropriate application form(s), which includes the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and the fee in accordance with § 19-901 of this chapter. The Land Use Board shall act upon the application as stipulated by law and as indicated in § 19-703 or 19-705 of this chapter, as applicable.
[Amended 4-11-2012 by Ord. No. 2012-02]
D.
Informal review by the Land Use Board.
[Amended 4-11-2012 by Ord. No. 2012-02]
(1)
At the request of a developer, the Land Use Board
shall grant one informal review, not to exceed 15 minutes of duration,
regarding a concept plan for a development for which a developer intends
to prepare and submit an application for development.
(2)
The developer shall be required to pay a fee for an informal presentation of a concept plan in accordance with § 19-901 of this chapter, which fee shall be credited towards the fee for review of a development application, if subsequently submitted; moreover, no professional review(s) will be undertaken unless the developer has agreed to pay for said review(s) and has established an escrow account also in accordance with § 19-901 of this chapter.
(3)
The developer shall not be bound by any concept plan
for which the review is requested, and the Land Use Board shall not
be bound by any such review.
(4)
A developer desiring to have a concept plan informally
reviewed by the Land Use Board shall so notify the Administrative
Officer at least 30 days prior to the regular meeting of the Board.
The Administrative Officer shall thereafter notify the developer of
the time and place which has been scheduled by the Land Use Board
for the informal review.
A.
Procedure for submitting minor subdivision plats and minor site plans. The applicant shall submit to the Administrative Officer at least 30 days prior to the regular meeting of the Board: 18 copies of the minor plat or plan; 18 copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter;[1] and a fee in accordance with § 19-901 of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and minor site plans, and agrees to be bound by it. 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.
[1]
Editor's Note: The checklists are included
at the end of this chapter.
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 name, title, address, telephone number,
license number, seal and signature of the said professional engineer
and/or land surveyor; provided, however, that all engineering data
shall be signed and sealed by a professional engineer and all surveying
data shall be signed and sealed by a professional land surveyor. Each
submission shall be drawn at an appropriate scale of one inch equals
not more than 100 feet and shall be submitted on one of the following
four standard sheet sizes (8.5 x 13; 15 x 21; 24 x 36 or 30 x 42),
folded into eighths, with all sheets submitted of the same size. Each
minor plat or plan shall show the following information, as such information
is applicable to the minor subdivision or minor site plan submission:
(1)
A key map showing the entire tract and its relation
to the surrounding area at the scale of Township Tax Maps.
(2)
Title block in accordance with the rules governing
title blocks for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of the development, Township of Blairstown,
Warren County, New Jersey, with each sheet specifically titled with
appropriately descriptive words;
(b)
Name, title, address and telephone number of
applicant;
(c)
Name, title, address, telephone number, license
number, seal and signature of the professional or professionals who
prepared the plat or plan;
(d)
Name, title and address of the owner or owners
of record;
(e)
Scale (written and graphic); and
(f)
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)
Acreage to the nearest tenth of an acre (both with
and without areas within public rights-of-way).
(5)
Certification that the applicant is the owner of the
land or his/her properly authorized agent, or that the owner has given
his/her consent under an option agreement.
(6)
If the applicant is a partnership or a corporation,
the names and addresses of all partners, or the names and addresses
of all stockholders owning 10% or more of any class of stock of the
corporation in accordance with N.J.S.A. 40:55D-48.1 et seq.
(8)
Existing tax sheet number(s) and 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 number(s)
as provided by the Township Tax Assessor upon written request.
(9)
Tract boundary line (heavy solid line), any existing
and proposed subdivision or property line(s) within the tract, and
the existing and proposed number of lots.
(10)
Zoning district(s) affecting the tract, including
district names and all area and bulk requirements, with a comparison
to the proposed development.
(11)
The location of existing and proposed property
lines (with bearings and distances), streets, structures (with their
numerical dimensions 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 natural
features such as treed areas, both within the tract and within 100
feet of its boundary.
(12)
The location and width of all existing and proposed
utility easements and rights-of-way, the use(s) for which they are
intended to be limited, and the manner in which the easements will
be controlled.
(13)
All dimensions necessary to confirm conformity
to the chapter such as the size of the tract and any proposed lot(s),
the number of lots being created, structure setbacks, structure heights,
yards and building and lot coverages.
(14)
Proposed buffer and landscaped areas and the
location and identification of existing vegetation with an indication
as whether it is to remain or be removed.
(15)
Delineation of streams, ponds, floodplains,
marshes, wetlands, wetland buffers and lands subject to flooding within
the tract and within 100 feet thereof.
(16)
Contours as shown on U.S.G.S. topographic sheets
and proposed grades.
(17)
The name of all adjacent property owners and
adjacent block and lot numbers as they appear on the most recent tax
list prepared by the Township Tax Assessor.
(18)
Certification from the Township Tax Collector
that all taxes and assessments are paid to date.
(19)
Concerning minor subdivisions only, existing
and proposed monuments.
(20)
Concerning minor site plans only, lighting details,
sign details, circulation and parking details and drainage calculations
and proposed drainage improvements and details.
(21)
Proposals for soil erosion and sediment control
as required by N.J.S.A. 4:24-39 et seq. and in accordance with the
Warren County Soil Conservation District.
(22)
No minor subdivision or minor site plan involving
any street(s) 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 street(s), as applicable, shall be granted to
the Township of Blairstown or other appropriate governmental agency.
(23)
Plans of proposed improvements and utility layouts.
(24)
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.
(25)
Deed descriptions including metes and bounds,
easements, covenants, restrictions and roadway and sight triangle
dedications shall be submitted for approval and required signatures
prior to filing with the County Recording Officer.
(26)
If the proposed lot(s) is (are) not served by
a sanitary sewer, date of approval by the Township Board of Health
of site evaluation tests, certified by a licensed professional engineer,
indicating that the proposed lot(s) can adequately accommodate a septic
system. The location(s) of the test hole(s) and boring(s), soil logs,
proposed location of the septic disposal areas, test results, soil
types, percolation rates and compliance with the "Individual Sewage
Disposal Code of New Jersey" or applicable Township Board of Health
ordinances, whichever may be more restrictive, shall be shown on the
plat and certified by a licensed professional engineer.
(27)
A list of 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
government. Where approvals have been granted, copies of said approvals
shall be submitted.
(28)
The Board reserves the right to require additional
information before granting approval when unique circumstances affect
the tract and/or when the application for development poses special
problems for the tract and surrounding area. Such information shall
include, but not be limited to, an environmental impact statement
and/or traffic impact statement, provided, however, that no application
shall be deemed incomplete for the lack of such additional information.
C.
Action by the Township on minor subdivision plats
and minor site plans.
[Amended 9-9-1998 by Ord. No. 98-08; 4-11-2012 by Ord. No.
2012-02]
(1)
The Land Use Board or the Board's authorized designee,
shall review the aforesaid application for the purpose of determining,
within 45 days of its submission, whether said application is complete:
(a)
If said application is found by the Board or its designee to contain all of the information required by Subsection 19-803B of this section, the Board or its designee shall certify that said application is complete.
(b)
If said application is found by the Board or its designee to lack some of the information required by Subsection 19-803B of this section, the Board or its designee shall:
[1]
Notify the applicant, in writing and within
45 days of the submission of the application, that said application
is incomplete, with a specific listing of the deficiencies in the
application; and/or
[2]
If a waiver of any checklist item has been specifically
requested by the applicant in the submitted application for development,
the Board or its designee shall act on the request for the waiver(s)
within 45 days of the submission of the application. If the Board
or its designee reasonably concludes that the missing item(s) of information
are not applicable to the subject application and/or are not necessary
to make an informed decision on the application, the Board or its
designee may waive the requirement that said item(s) be supplied as
a prerequisite for completeness and certify that the application is
complete notwithstanding the missing item(s).
(c)
An application which has been declared incomplete by the Board or its designee shall be resubmitted by the applicant or, when an applicant has been declared incomplete by the Board's designee, the applicant may choose to proceed before the Land Use Board for a determination of completeness. Any resubmitted application shall be treated as a new application submission and shall be acted upon by the Board or its designee in accordance with Subsections 19-803C(1)(a) or C(1)(b) hereinabove. An applicant who has been notified that his/her application is incomplete may request a waiver of one or more of the submission requirements set forth in Subsection 19-803B of this section.
(2)
On the date the aforesaid application is certified
complete, or on the 46th day following the submission of the application
in the event that the Board or its designee fails to make a determination
of completeness, as the case may be, the applicable time period within
which the Land Use Board must act upon the application shall commence.
(a)
In any case, the applicant is obliged to prove
that he/she or she is entitled to approval of the application.
(b)
Moreover, the Land Use Board may subsequently
require the correction of any information found to be in error and/or
the submission of additional information not specified in this chapter
and/or revisions to the documents accompanying the submitted application,
each and all as are reasonably necessary for the Board to make an
informed decision as to whether or not the requirements necessary
for approval of the application have been met.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the Administrative Officer
to the following:
(a)
The Land Use Board: 11 copies each of the minor
plat or plan and the application;
(b)
Board Engineer: one copy each of the minor plat
or plan, the application and any protective covenants, easements and/or
deed restrictions;
(c)
Board Planner: one copy each of the minor plat
or plan, the application and any protective covenants, easements and/or
deed restrictions;
(d)
Board Attorney: one copy each of the minor plat
or plan, the application and any protective covenants, easements and/or
deed restrictions;
(e)
Zoning Officer: one copy of the minor plat or
plan);
(f)
At the direction of the Land Use Board, additional
copies of the minor plat or plan and/or other items of submitted information
shall be sent to other Township, county or state agencies and/or to
other professional consultants as may be designated by the Board;
and
(g)
It shall be the applicant's responsibility,
unless specifically provided otherwise in this chapter, to submit
the required application to any agency (including but not limited
to the Warren County Planning Board, the Warren County Soil Conservation
District, and the New Jersey State Department of Environmental Protection)
having jurisdiction over any aspect of the proposed development.
(4)
The Land Use Board (or its Minor Subdivision Committee, when applicable) shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board Engineer or within such further time as may be consented to by the applicant. Failure of the Land Use Board (or its Minor Subdivision Committee) to act within the prescribed time period shall constitute approval of the application, provided that any minor subdivision or minor site plan application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 19-801A(2) of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
(5)
Regarding minor subdivision applications which fully
conform to the applicable zoning and design provisions of this chapter
and, therefore, do not involve the need for the approval by the Land
Use Board of any variances or waivers from the provisions of this
chapter, the Land Use Board authorizes the Minor Subdivision Committee
to review and approve the submitted applications on behalf of and
in lieu of the Land Use Board, provided the following:
(a)
The members of the Minor Subdivision Committee
shall read any written reports submitted concerning the application,
shall inspect the subject property and shall review the submission
to ascertain its conformity with the requirements of this chapter.
(b)
If an application referred by the Land Use Board to the Minor Subdivision Committee is found by the Minor Subdivision Committee to either require a variance or waiver from any provision of this chapter or to be contrary to the definition of "minor subdivision" within § 19-802 of this chapter, the Minor Subdivision Committee shall direct the applicant to the Land Use Board.
(c)
All authorities and responsibilities prescribed
in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and this
Land Development Ordinance to the Land Use Board shall apply to the
Minor Subdivision Committee when acting in accordance with the provisions
of this chapter.
(6)
The Land Use Board shall take action on a minor subdivision or minor site plan application under its jurisdiction in the time frame(s) as prescribed for the Land Use Board (and its Minor Subdivision Committee) in Subsection 19-803C(4) hereinabove unless said minor subdivision or minor site plan application is being considered by the Land Use Board simultaneously with an application for a use variance in accordance with N.J.S.A. 40:55D-70d and § 19-801B of this chapter, in which case the Land Use Board shall act upon all aspects of the application within 120 days after the application has been certified complete by the Board Engineer 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)
Regarding minor subdivision or minor site plan applications
being reviewed by the Land Use Board, the professional staff of the
Board and the members of any designated subdivision review committee
or site plan review committee shall read any written reports submitted
concerning the application and shall review the submission to ascertain
its conformity with the requirements of this chapter. The professional
staff of the Board and any designated subdivision or site plan review
committee shall offer its recommendations to the Land Use Board.
(8)
Any proposed application for development determined
by the Land Use Board (or its Minor Subdivision Committee, when applicable)
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 or approval by the approving
authority, 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.
(9)
For any application that is heard by the Land Use
Board (or its Minor Subdivision Committee, when applicable) and is
continued for additional studies, reports, plans or revisions to previously
submitted material, the new or revised material must be submitted
to the Township at least 10 days prior to the hearing at which the
new material is to be considered by the approving authority.
(10)
When a minor subdivision or minor site plan
is approved by the Land Use Board (or its Minor Subdivision Committee,
when applicable), a notation to that effect, including the date of
approval, shall be made and 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 Board Engineer and the Chairman and
Secretary of the Land Use Board (or the Acting Chairman or Secretary
where either or both may be absent) or by the Chairman and Secretary
of the Minor Subdivision Committee, as applicable.
(a)
No further approval of the application shall
be required, and the Secretary of the Land Use Board or Minor Subdivision
Committee, as the case may be, within 10 days of the date of approval,
shall notify the applicant of the approving authority's action.
(b)
Additionally, the Secretary of the Land Use
Board or Minor Subdivision Committee shall forward the applicant a
copy of the approved resolution, adopted in accordance with § 19-706F
of this chapter, within 10 days of its adoption by the approving authority.
(11)
When a minor subdivision or minor site plan
is disapproved by the Land Use Board (or its Minor Subdivision Committee,
when applicable), the Secretary of the approving authority, within
10 days of such action, shall notify the applicant of such disapproval.
Additionally, the Secretary of the approving authority shall forward
the applicant a copy of the disapproval resolution, adopted in accordance
with § 19-706 F of this chapter, within 10 days of its adoption
by the Land Use Board or Minor Subdivision Committee, setting forth
the reasons for the disapproval.
(12)
Within 190 days from the date on which the resolution
of municipal approval of a minor subdivision is adopted by the Land
Use Board or the Minor Subdivision Committee, 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 as applicable
by the Chairman and Secretary of the Land Use Board (or the Acting
Chairman or Secretary where either or both may be absent) or by the
Chairman and Secretary of the Minor Subdivision Committee, shall be
filed by the subdivider with the County Recording Officer, provided
that if an applicant elects to file a deed, said deed shall be accompanied
with a photographically reduced copy of the approved plat.
(a)
Unless filed within the 190 days or an extension
for filing is granted by the Land Use Board (or its Minor Subdivision
Committee, when applicable) or by the Land Use Board as the case may
be, the approval shall expire and will require Township approval as
in the first instance.
(b)
The Land Use Board (or its Minor Subdivision
Committee, when applicable) may extend the one-hundred-ninety-day
period for filing a minor subdivision or deed if the developer proves
to the reasonable satisfaction of the approving authority: that the
developer was barred or prevented, directly or indirectly, from filing
because of delays in obtaining legally required approvals from other
governmental or quasi-governmental entities; and that the developer
applied promptly for and diligently pursued the required approvals.
The length of the extension shall be equal to the period of delay
caused by the wait for the required approvals, as determined by the
approving authority. The developer may apply for the extension either
before or after what would otherwise be the expiration date.
(13)
The zoning requirements and general terms and
conditions, whether conditional or otherwise, shall not be changed
for a period of two years either after the date on which the resolution
of approval for a minor subdivision is adopted by the Land Use Board
(or its Minor Subdivision Committee, when applicable) or after the
date of approval of a minor site plan by Land Use Board.
(a)
The approving authority shall grant an extension
of this period for a period determined by the approving authority
not exceeding one year from what would otherwise be the expiration
date, if the developer proves to the reasonable satisfaction of the
approving authority that the developer was barred or prevented, directly
or indirectly, from proceeding with the development because of delays
in obtaining legally required approvals from other governmental entities
and that the developer applied promptly for and diligently pursued
the approvals.
(b)
A developer shall apply for this extension before:
what would otherwise be the expiration date; or the 91st day after
the date on which the developer receives the last of the legally required
approvals from the other governmental entities, whichever occurs later.
(14)
Before the Secretary of the Land Use Board (or
its Minor Subdivision Committee, when applicable) 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)
Board Engineer (in the case of subdivisions
only, a map of the plat drawn to the Tax Map scale of 1 = 100 or 1
= 400, as directed by the Board Engineer);
(c)
Township Tax Assessor; and
(d)
Such other Township, county or state agencies
and officials as directed by the approving authority.
A.
Procedure for submitting preliminary major subdivision
plats and preliminary major site plans.
(1)
The applicant shall submit to the Administrative Officer at least 30 days prior to the regular meeting of the Board: 18 copies of the preliminary plat or preliminary plan; 18 completed copies of the appropriate applications which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; 18 copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; 18 copies of the environmental impact statement; and a fee in accordance with § 19-901 of this chapter.
(2)
The application shall contain an acknowledgment signed
by the applicant, stating that the applicant is familiar with the
procedure set forth herein for submitting and acting upon preliminary
major subdivision plats and preliminary major site plans, and agrees
to be bound by it. 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 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 said professional
engineer and/or land surveyor; provided, however, that all engineering
data shall be signed and sealed by a professional engineer and all
surveying data shall be signed and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less than
one inch equals 100 feet for major subdivision plats and one inch
equals 50 feet for major site plans and shall be submitted on one
of the following four standard sheet sizes (8.5 x 13; 15 x 21; 24
x 36 or 30 x 42). All plan sheets shall be folded into eighths with
the title block revealed. If more than one sheet is required to show
the entire subdivision, a separate composite map shall be drawn showing
the entire subdivision and the sheets on which the various sections
are shown, and each detail sheet shall include a key map showing its
relation to the whole tract. Each preliminary plat or plan shall show
the following information, as such information is applicable to the
preliminary major subdivision or preliminary major site plan submission:
(1)
A key map showing the entire tract and its relation
to the surrounding areas, at a scale of the Township Tax Maps.
(2)
Title block in accordance with the rules governing
title blocks for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Township
of Blairstown, Warren County, New Jersey, with each sheet specifically
titled with appropriately descriptive words;
(b)
Name, title, address and telephone number of
applicant;
(c)
Name, title, address, telephone number, license
number, seal and signature of the professional or professionals who
prepared the plat or plan;
(d)
Name, title and address of the owner or owners
of record;
(e)
Scale (written and graphic); and
(f)
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/her properly authorized agent, or that the owner has given
his/her consent under an option agreement.
(5)
If the applicant is a partnership or a corporation,
the names and addresses of all partners, or the names and addresses
of all stockholders owning 10% or more of any class of stock of the
corporation as required by N.J.S.A. 40:55D-48.1 et seq.
(7)
Acreage to the nearest tenth of an acre (both within
and without areas within public rights-of-way) and a computation of
the area of the tract to be disturbed.
(8)
The name(s) and block and lot number(s) 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.
(9)
Existing tax sheet number(s) and 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.
(10)
Tract boundary line (heavy solid line), any
existing and proposed subdivision or property line(s) within the tract,
and the existing and proposed number of lots.
(11)
Zoning district(s) affecting the tract, including
district names and all area and bulk requirements, with a comparison
to the proposed development, and all zoning district(s) within 200
feet of the tract.
(12)
The location of man-made and natural features
such as bridges, wetlands, treed areas, high points, marshes and depressions,
both within the tract and within 100 feet of its boundaries. A Letter
of Interpretation (LOI) from the State Department of Environmental
Protection shall be submitted for all delineated wetlands.
(13)
The location and species of all existing individual
trees or groups of trees having a caliper of six inches or more measured
three feet above the ground level shall be shown within the portion(s)
of the tract to be disturbed as a result of the proposed development,
indicating which trees are to remain and which are to be removed.
(14)
A landscape plan showing the proposed location
of all proposed plantings, screening and buffering, a legend listing
the botanical and common names, the sizes at the time of planting,
a planting schedule, method of irrigation, the total quantity of each
plant, and the location of each plant keyed to the plan or plat.
(15)
Where a septic system is proposed, the date
of approval by the Township Board of Health of site evaluation tests,
certified by a licensed professional engineer, indicating that the
proposed lot(s) can adequately accommodate a septic system. The location(s)
of the test hole(s) and borings, soil logs, proposed location of the
septic disposal areas, test results, soil types, percolation rates
and compliance with the "Individual Sewage Disposal Code of New Jersey"
or applicable Township Board of Health ordinances, whichever may be
more restrictive, shall be shown on the plat and certified by a licensed
professional engineer.
(16)
All existing and proposed watercourses within
the tract and within 200 feet of the tract shall be shown and be 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 State Department of Environmental Protection, Division of Water
Resources, shall accompany the submission;
(b)
Cross-sections of watercourses and/or drainage
swales at an approximate scale showing the extent of the floodplain,
top of bank, normal water levels and bottom elevations at the locations
required by the Board Engineer;
(c)
The location and extent of drainage and conservation
easements and stream encroachment lines; and
(d)
The location, size, direction of flow and type
of adequate drainage provisions to reasonably reduce and minimize
exposure to flood damage.
(17)
Existing and proposed contours with intervals
of one foot where slopes are less than 5%; with intervals of two feet
where slopes are shown between 5% and 10%; and with intervals of five
feet where slopes exceed 10%. All contour information shall be related
to U.S.G.S. datum. Existing contours shall be shown as a dashed line;
finished grades shall be shown as a solid line.
(18)
Proposals for soil erosion and sediment control
as required by N.J.S.A. 4:24-39 et seq. and in accordance with the
Warren County Soil Conservation District.
(19)
Locations of all existing structures and their
uses, both within the tract and within 100 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.
(20)
Size, height and location of all proposed buildings
(including grades), structures, signs and fences, including details
for any signs, fences and trash enclosures.
(21)
All dimensions necessary to confirm conformity
to the chapter such as the size of the tract and any proposed lot(s),
the number of lots being created, structure setbacks, structure heights,
yards and building and lot coverages. All tract and lot sizes shall
be expressed in acres and square feet and shall include bearings and
distances.
(22)
The proposed location, height, direction of
illumination, power and type of proposed outdoor lighting, including
details of lighting poles, luminaries and the hours and time of lighting.
(23)
Existing and proposed street and lot layout,
with dimensions correct to scale, showing that portion proposed for
development in relation to the entire tract, and existing lot lines
to be eliminated.
(24)
The location and design of any off-street parking
or loading area, showing size and location of bays, aisles and barriers,
curbing and paving specifications.
(25)
All means of vehicular access and egress to
and from the site onto public streets, showing the size and the location
of driveways, sidewalks, fire lanes and curb cuts, including the possible
utilization of traffic signals, channelization, acceleration and deceleration
lanes, sight triangle easements, additional width and other proposed
devices necessary to prevent a difficult traffic situation.
(26)
The application shall include plans and computations
for any storm drainage system including the following as may be required
by the Board Engineer:
(a)
All existing or proposed storm sewer lines within
or adjacent to the tract showing profile, size and slope of the lines,
direction of flow and the location of each catch basin, inlet, manhole,
culvert, headwall and utility lines including pipe size and grades;
(b)
The location and extent of any proposed groundwater
recharge basins, detention basins or other water or soil conservation
or drainage devices, with cross sections every 50 feet at right angles
to the long access of the basin, each extending 75 feet beyond the
top of the rim of the basin on each side;
(c)
A drainage area map drawn to scale (minimum
scale 1 = 100) showing the contributing area to each inlet or cross
drain;
(d)
A weighted runoff coefficient for each drainage
area shall be determined for use in the computations; and
(e)
A report by the design engineer containing the
criteria used, alternates considered, reasons for selection and design
calculations.
(27)
The location and size of existing structures
such as water and sewer mains, valves, hydrants, utility structures,
gas transmission lines and high tension power lines on the tract and
within 200 feet of its boundaries.
(28)
Plans, profiles and details of proposed improvements
and utility layouts and feasible connections to gas, telephone and
electrical utility systems.
(29)
Plans, typical cross sections and construction
details, horizontal and vertical alignments of the center line of
all proposed streets and of all existing streets abutting the tract
including street names. The vertical alignments shall be based on
U.S.G.S. vertical datum or a more specified datum supplied by the
Board Engineer, including curbing, sidewalks, street trees and planting
strips, storm drains and gutters, drainage structures and cross sections
every half and full station of all proposed streets and of all existing
streets abutting the tract. Sight triangles, the radius of curblines
and street sign locations shall be clearly indicated at the intersections.
The width of cartway and right-of-way, location and width of utility
lines, type and width of pavement and final design grades shall be
included.
(30)
Any protective covenants or deed restrictions
applying to the land being developed shall be submitted with the application
and/or indicated on the submitted plat or plan.
(31)
The names, location and width of all existing
and proposed easements and rights-of-way, the use(s) for which they
are intended to be limited, the manner in which the easements will
be controlled, and to whom they are granted.
(32)
The proposed permanent monuments shall be shown,
in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9.
(33)
Certificate from the Township Tax Collector
that all taxes and assessments are paid to date.
(36)
Evidence of the submission of the application(s)
for other agency approvals having jurisdiction over the application
and/or required by the Board Engineer.
(37)
Concerning major site plans only, the proposed
use and operations of the buildings, the proposed number of shifts
to be worked, the maximum number of employees on each shift, and the
hours of operation open to public use.
(38)
Concerning major site plans only, detailed floor
plans of the entire structure, existing and proposed, and signed and
sealed, scaled architectural elevations by a licensed New Jersey architect
of the front, side and rear of any structure to be erected or modified,
showing the exterior facade and materials to be used in construction
and any attached signage.
(39)
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 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 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 upon the size of the development, the nature of the site,
the location of the development 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 silva
culture 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 Land Use Board
not involving a site plan or subdivision application shall not require
an environmental impact statement unless the information contained
therein is deemed essential by the Board in order to make an informed
decision regarding the submitted application. The Land Use Board shall
inform the applicant regarding any information that may be required.
[Amended 4-11-2012 by Ord. No. 2012-02]
(c)
Any application for minor site plan or minor
subdivision approval to the Land Use Board shall not require an environmental
impact statement unless the information contained therein is deemed
essential by the Board in order to make an informed decision regarding
the submitted application. The Land Use Board shall inform the applicant
regarding any information that may be required.
[Amended 4-11-2012 by Ord. No. 2012-02]
(d)
All preliminary major subdivision and/or preliminary
major site plan applications shall be accompanied by an environmental
impact statement.
(2)
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 also shall 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 particular
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 the environmental conditions on the site, including 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 use proposed, a complete
mapping of all soil types where the moderate and severe limitations
exist shall be provided.
[2]
Topography. Describe the topographic conditions
on the site.
[3]
Geology. Describe the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is within two feet of the surface as well as major rock outcroppings. Additionally, for those areas which are underlain with carbonate geology and/or drain to limestone areas, the special review provisions for areas underlain by carbonate rock in § 19-806 of this chapter shall apply. The geology and groundwater resources map included within § 19-306 of this chapter generally shows the location of the various geological formations which underlay Blairstown Township.
[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]
Subsurface water. Describe the 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 including, but not necessarily limited to,
roads, driveway accesses, housing units, accessory structures, utility
lines, etc.
[9]
Miscellaneous. When warranted, an analysis shall
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.
[11]
Air quality degradation.
[12]
Noise levels.
[13]
Energy utilization.
(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:
(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.
(3)
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.
Traffic impact statement.
(1)
General provisions.
(a)
The impact on the existing road systems generated
by land development necessitates a comprehensive analysis of the variety
of problems that may result and the actions that can be taken to minimize
the problems. Therefore, all preliminary major subdivision applications
resulting in the generation of more than 10 lots and/or all preliminary
major site plan applications shall be accompanied by a traffic impact
statement unless specifically waived by the Board. Any application
for subdivision approval where less than 10 lots are involved and
all applications for minor site plan approval, before the Land Use
Board shall not require a traffic impact statement unless specifically
requested by the Board.
[Amended 4-11-2012 by Ord. No. 2012-02]
(b)
The Board may waive the requirement for a traffic
impact statement totally or partially only if sufficient evidence
is submitted to the Board indicating that the proposed project will
have a negligible traffic impact, or, alternatively, that a complete
report need not be prepared and submitted in order to evaluate adequately
the specific traffic impact to be generated by the proposed development.
The burden of demonstrating the exceptions hereinabove stated shall
at all times rest with the applicant who must affirmatively demonstrate
to the Board the basis for a waiver request.
(2)
Content of report. The traffic impact statement shall
contain the following information:
(a)
Projections of traffic to be generated by the
proposed development for average daily, morning peak hour(s), afternoon
peak highway hour(s) and any other peak traffic condition deemed applicable
as a result of the type and/or location of the proposed generator.
Traffic generation rates should be based upon local indices, where
applicable, or rates promulgated by the Institute of Transportation
Engineers, where local indices are not available. All rates should
be documented in the report. Also, the method and data base upon which
traffic approach route distributions are based shall be fully documented.
Any assumptions regarding the diversion of existing traffic to alternative
routes should be clearly specified in the report. Included in this
portion of the traffic impact statement shall be an addressment of
transportation control measures which would reduce the number of vehicular
trips generated by the proposed development.
(b)
The report shall contain documentation of existing
conditions on adjacent streets serving immediate site access/egress,
including roadway pavement width, rights-of-way, curb parking conditions,
sight visibility, grade curvatures of roadway and traffic control
devices. Existing traffic volumes or average daily and peak hour conditions
shall be presented with the source of data denoted.
(c)
Assessment of the traffic impact of the proposed
development shall be provided, including estimates of levels of services.
In preparing these estimates, assumptions regarding the annual growth
rate of existing traffic should be fully documented. Capacity determination
shall be based upon normally accepted standards, with the basis of
these estimates clearly indicated. All substantial applications for
development, both within Blairstown Township and neighboring municipalities,
which recently have been built, are under construction or are being
considered for approval shall be factored in the analysis. In the
event the project is staged over a period of time, independent estimates
for each stage shall be provided.
(d)
In the event that roadway deficiencies are identified
for existing and/or future conditions, specific recommendations for
the resolution of these problems shall be addressed in the report.
The report shall contain a listing of any and all actions to be undertaken
by the applicant to resolve or minimize traffic problems and, as such,
shall be considered a firm offer by the applicant to undertake said
actions, subject to approval by the Board.
(e)
Any alteration or amendment to the development
application which would substantially alter specific land uses, site
acreage, building floor area, highway access design or any other feature
which could cause a significant change in traffic generation rates
shall require the submission of a revised traffic impact statement.
(f)
In situations where state or county highways
are adjacent to and/or potentially impacted by the proposed project,
a copy of the report shall be provided to the Commissioner of Transportation,
New Jersey Department of Transportation for state highways, and the
Warren County Department of Transportation for county highways for
their review and comment.
(3)
Disposition by the Board. The Board shall review the
information furnished in the traffic impact statement in the context
of the overall design of the proposed development and the traffic
impact of the proposed development on the affected road system. The
information is to be used to determine whether or not the proposed
development will create any negative impact(s) upon the roadway system,
adjacent properties or the zone plan of the municipality. The traffic
impact statement shall be forwarded to the Township traffic consultant
and/or Board Engineer for review and comment.
E.
Action by the Township on preliminary major subdivision
plats and preliminary major site plans.
(1)
The Land Use Board or the Board's authorized designee,
shall review the aforesaid application for the purpose of determining,
within 45 days of its submission, whether said application is complete:
[Amended 9-9-1998 by Ord. No. 98-09; 4-11-2012 by Ord. No.
2012-02]
(a)
If said application is found by the Board or its designee to contain all of the information required by § 19-804B of this chapter, the Board or its designee shall certify that said application is complete.
(b)
If said application is found by the Board or its designee to lack some of the information required by § 19-804B of this chapter, the Board or its designee shall:
[1]
Notify the applicant, in writing and within
45 days of the submission of the application, that said application
is incomplete, with a specific listing of the deficiencies in the
application; and
[2]
If a waiver of any checklist item has been specifically
requested by the applicant in the submitted application for development,
the Board or its designee shall act on the request for the waiver(s)
within 45 days of the submission of the application. If the Board
or its designee reasonably concludes that the missing item(s) of information
are not applicable to the subject application and/or are not necessary
to make an informed decision on the application, the Board or its
designee may waive the requirement that said item(s) be supplied as
a prerequisite for completeness and certify that the application is
complete notwithstanding the missing item(s).
(c)
An application which has been declared incomplete by the Board or its designee shall be resubmitted by the applicant or, when an application has been declared incomplete by the Board's designee, the applicant may choose to proceed before the Land Use Board for a determination of completeness. Any resubmitted application shall be treated as a new application submission and shall be acted upon by the Board or its designee in accordance with Subsection 19-804E(1)(a) or E(1)(b) hereinabove. An applicant who has been notified that his/her application is incomplete may request a waiver of one or more of the submission requirements set forth in Subsection 19-804B of this section.
(d)
In the event that the Board or its designee fails to act pursuant to Subsection 19-804E(1)(a) or E(1)(b) hereinabove within 45 days of the date of the 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 that the Board or its designee fails to make a determination
of completeness, as the case may be, the applicable time period within
which the Land Use Board must act upon the application shall commence.
[Amended 9-9-1998 by Ord. No. 98-09; 4-11-2012 by Ord. No.
2012-02]
(a)
In any case, the applicant is obliged to prove
that he/she or she is entitled to approval of the application.
(b)
Moreover, the Land Use Board may subsequently
require the correction of any information found to be in error and/or
the submission of additional information not specified in this chapter
and/or revisions to the documents accompanying the submitted application,
each and all as are reasonably necessary for the Board to make an
informed decision as to whether or not the requirements necessary
for approval of the application have been met.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the Administrative Officer
to the following:
(a)
The Land Use Board: 11 copies each of the preliminary
plat or plan, the application, the environmental impact statement,
the traffic impact statement, and any protective covenants, easements
and/or deed restrictions;
[Amended 4-11-2012 by Ord. No. 2012-02]
(b)
Board Engineer: one copy each of the preliminary
plat or plan, the application, the environmental impact statement,
the traffic impact statement, and any protective covenants, easements
and/or deed restrictions;
(c)
Board Planner: one copy each of the preliminary
plat or plan, the application, the environmental impact statement,
the traffic impact statement and any protective covenants, easements
and/or deed restrictions;
(d)
Board Attorney: one copy each of the preliminary
plat or plan, the application, the environmental impact statement,
the traffic impact statement, and any protective covenants, easements
and/or deed restrictions;
(e)
Zoning Officer: one copy of the preliminary
plat or plan;
(f)
At the direction of the Land Use Board, additional
copies of the preliminary plat or plan and/or other items of submitted
information shall be sent to other Township, county or state agencies
and/or to other professional consultants as may be designated by the
Board; and
[Amended 4-11-2012 by Ord. No. 2012-02]
(g)
It shall be the applicant's responsibility,
unless specifically provided otherwise in this chapter, to submit
the required application to any agency (including but not limited
to the Warren County Planning Board, the Warren County Soil Conservation
District, and the New Jersey State Department of Environmental Protection)
having jurisdiction over any aspect of the proposed development.
(4)
The Land Use 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 major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 19-801A(2) of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
[Amended 4-11-2012 by Ord. No. 2012-02]
(5)
The Land Use 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, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 19-801A(2) of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
[Amended 4-11-2012 by Ord. No. 2012-02]
(6)
The Land Use Board shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction in the time frame(s) as prescribed in Subsections 19-804E(4) and E(5) hereinabove unless said preliminary major site plan or preliminary major subdivision application is being considered by the Land Use Board simultaneously with an application for a use variance in accordance with N.J.S.A. 40:55D-70d and § 19-702D of this chapter, in which case the Land Use Board shall act upon all aspects of the application within 120 days after the application has been certified complete by the Land Use Board or Administrative Officer 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.
[Amended 4-11-2012 by Ord. No. 2012-02]
(7)
The professional staff of the Board shall read any
written reports submitted concerning the application and shall review
the submission to ascertain its conformity with the requirements of
this chapter. The professional staff of the Board shall offer its
recommendations to the Land Use Board.
[Amended 4-11-2012 by Ord. No. 2012-02]
(8)
Any proposed application for 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 or 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.
(9)
All hearings held on applications for preliminary
major subdivision and/or 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 § 19-706D.)
(10)
For any application that is heard by the Land
Use Board and is continued for additional studies, reports, plans
or revisions to previously submitted material, the new or revised
material must be submitted to the Township at least 10 days prior
to the hearing at which the new material is to be considered by the
Board.
[Amended 4-11-2012 by Ord. No. 2012-02]
(11)
In the case of planned developments only, the
Board shall find the following facts and conclusions prior to granting
approval:
(b)
That the proposals for maintenance and conservation
of the common space are reliable, and the amount, location and purpose
of the common open space are adequate.
(c)
That provision through the physical design of
the proposed development for public services, control over vehicular
and pedestrian traffic, and the amenities of light and air, recreation
and visual enjoyment are adequate;
(d)
That the proposed planned development will not
have an unreasonably adverse impact upon the area in which it is proposed
to be established;
(e)
In the case of a proposed development which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and of
the residents, occupants and owners of the proposed development in
the total completion of the development are adequate.
(12)
If the Board acts favorably on the preliminary
plat or plan, the Board 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. The Administrative
Officer shall distribute one copy of the Board's resolution to the
Township Clerk.
(13)
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
90 days from the date of said approval. Revised plans will then be
reviewed by the Board to verify conformity with the resolution of
approval within 30 days after receipt of the revised submission. Five
copies of the revised, verified plan shall then be signed by the Board
Engineer. Two copies will be sent to the Township, and one copy will
be returned to the applicant. After the final development plans have
been approved by the Board Engineer, seven complete sets should be
submitted to the Township. The plans will be stamped approved and
distributed to staff with one set returned to the applicant.
(14)
Any resolution by the Board shall be deemed
to include a contingency that all necessary approvals by other agencies
having jurisdiction over any aspect of the proposed development are
required as a condition of the Board's approval. Any substantial plan
revision required by an outside reviewing agency, including the County
Planning Board, after final action by the Land Use Board will require
a new substantive review. Whenever a development application which
has been the subject of a public hearing has been substantially amended,
the Board shall require that an amended plat or plan be submitted
and acted upon as in the case of the original application.
[Amended 4-11-2012 by Ord. No. 2012-02]
(15)
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 § 19-704F
of this chapter 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 said resolution.
F.
Effect of preliminary approval of major subdivision
plats and major site plans.
(1)
Preliminary approval shall confer upon the applicant
the following rights for a three-year period from the date on which
the resolution of preliminary approval is adopted:
(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 sidewalk; lot size; yard dimensions; and off-tract
improvements; and in the case of a site plan, any requirements peculiar
to site plan approval; except that nothing therein shall be construed
to prevent the municipality from modifying by ordinance such general
terms and conditions of preliminary approval as relate to public health
and safety;
(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 50 acres or more, the Board may grant the rights referred to in Subsection 19-804F(1) hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential
floor area permissible under preliminary approval;
(b)
Economic conditions; and
(c)
The comprehensiveness of the development.
|
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:
|
(d)
The number of dwelling units and nonresidential
floor area permissible under preliminary approval;
(e)
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval;
(f)
Economic conditions;
(g)
The comprehensiveness of the development; and
(h)
Provided that if the design standards have been
revised by ordinance, such revised standards may govern.
(3)
Whenever the Board grants an extension of preliminary approval pursuant to Subsection 19-804F(1)(c) or F(2) hereinabove and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before: what would otherwise be the expiration date; or the 91st day after the date on which the developer receives the last of the legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to Subsection 19-804F(1)(c) or 19-804F(2) hereinabove.
A.
Procedure for submitting final major subdivision plats and final major site 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 30 days prior to the regular meeting of the Board: 18 copies of the final major subdivision plat or final major site plan; 18 copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and a fee in accordance with § 19-901 of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans, and agrees to be bound by it.
B.
Details required for final major subdivision plats
and final major site plans. The following information shall be submitted:
(2)
All additional details required at the time of preliminary
approval shall be submitted including a copy of the signed preliminary
plat or plan in conformance with the resolution of 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 design drawing of each building
and sign or a typical building and sign showing front, side and rear
elevations.
(b)
Cross sections, plans, profiles and established
grades of all streets, aisles, lanes and driveways, including center
line geometry and horizontal alignments with bearings, radii and tangents.
(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 lot lines 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 the United States Geodetic Survey System, with the
data on the plat as to how the bearings were determined.
(e)
Final grades shall be shown for each lot corner,
for all high and low points and breaks in grade, for the finished
floor elevation(s) of structures, and for the finished grade of septic
systems, if applicable. If the use of drainage swales is intended,
the elevation of these swales shall be shown. The minimum grade of
disturbed areas shall be 1 1/2%.
(5)
Evidence that a duplicate copy(ies) of the application
for development has been filed with any other agency having jurisdiction
over any aspect of the proposed development.
(6)
The final submission shall be accompanied by the following
documents:
(a)
Certification from the Township Tax Collector
that all taxes and assessments are paid to date.
(b)
Letters directed to the Chairman of the Board
and signed by a responsible official of the lighting agency, water
company, sewer utility 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 that the applicant paid the required fees for the utility
connections and service or installed all utility improvements in accordance
with the requirements of this chapter 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 Board
Engineer.
(c)
The applicant shall certify in writing to the
Board that he/she has:
[1]
Installed all improvements in accordance with
the requirements of this chapter and the preliminary plat approval;
and/or
[3]
Has entered into a developer's agreement with
the Township Committee addressing the timing and responsibilities
of the applicant regarding the required improvements not yet installed.
(d)
A statement from the Township Engineer that: all improvements installed prior to application have been inspected as provided in § 19-902 of this chapter and as-built drawings have been submitted by the applicant for the installed improvements; and that such improvements installed prior to application for final approval that do not meet or exceed Township standards have been factored into the required performance guarantee.
(e)
Concerning major subdivisions only, a sales
map in the following format and containing the information noted hereinbelow.
The developer of the subject major subdivision shall provide all contract
purchasers with a copy of the sales map at the time of contract and
maintain a record of the contract purchasers' receipt of the sales
map for the Township's reasonable inspection.
[1]
The sales map shall be at a scale of not more
than 100 feet to the inch;
[2]
The sales map shall identify the location of
all on-site flood hazard areas, streams, ponds, wetlands, wetland
buffers, steep slopes and stormwater facilities and, to the extent
available from preexisting public records, such features within 200
feet of the development also shall be identified;
[3]
The sales map shall show the zoning district
classification of all property within the development and within 2,000
feet of the development, both within and outside of the Township,
including a brief description of the permitted uses in each zoning
district; and
[4]
The sales map shall show the development plan
for the subject property and all land contiguous thereto for a distance
of 2,000 feet from the perimeter of the development, including lands
outside of the Township, with the following information indicated
thereon:
[a]
The location of all streets, with
those streets to be connected to the proposed development clearly
highlighted;
[b]
The location of all state, county
and Township roads, both in existence and/or proposed by any governmental
agency having jurisdiction to establish such roads; and
[c]
The location of all railroads,
power transmission lines and easements, pipe lines, rights-of-way
for public utilities and any existing utilities.
C.
Action by the Township on final major subdivision
plats and final major site plans.
(1)
The Land Use Board or the Board's authorized designee,
shall review the aforesaid application for the purpose of determining,
within 45 days of its submission, whether said application is complete:
[Amended 9-9-1998 by Ord. No. 98; 4-11-2012 by Ord. No.
2012-02]
(a)
If said application is found by the Board or its designee to contain all of the information required by Subsection 19-805B of this section, the Board Engineer shall certify that said application is complete.
(b)
If said application is found by the Board or its designee to lack some of the information required by Subsection 19-805B of this section, the Board or its designee shall:
[1]
Notify the applicant, in writing and within
45 days of the submission of the application, that said application
is incomplete, with a specific listing of the deficiencies in the
application; and/or
[2]
If a waiver of any checklist item has been specifically
requested by the applicant in the submitted application for development,
the Board or its designee shall act on the request for the waiver(s)
within 45 days of the submission of the application. If the Board
or its designee reasonably concludes that the missing item(s) of information
are not applicable to the subject application and/or are not necessary
to make an informed decision on the application, the Board or its
designee may waive the requirement that said item(s) be supplied as
a prerequisite for completeness and certify that the application is
complete notwithstanding the missing item(s).
(c)
An application which has been declared incomplete by the Board or its designee shall be resubmitted by the applicant or, when an application has been declared incomplete by the Board's designee, the applicant may choose to proceed before the Land Use Board for a determination of completeness. Any resubmitted application shall be treated as a new application submission and shall be acted upon by the Board or its designee in accordance with Subsection 19-805C(1)(a) or C(1)(b) hereinabove. An applicant who has been notified that his/her application is incomplete may request a waiver of one or more of the submission requirements set forth in Subsection 19-805B of this section.
(d)
In the event that the Board or its designee fails to act pursuant to Subsection 19-805C(1)(a) or C(1)(b) hereinabove within 45 days of the date of the 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 that the Board or its designee fails to make a determination
of completeness, as the case may be, the applicable time period within
which the Land Use Board must act upon the application shall commence.
[Amended 9-9-1998 by Ord. No. 98-09; 4-11-2012 by Ord. No.
2012-02]
(a)
In any case, the applicant is obliged to prove
that he/she or she is entitled to approval of the application.
(b)
Moreover, the Land Use Board may subsequently
require the correction of any information found to be in error and/or
the submission of additional information not specified in this chapter
and/or revisions to the documents accompanying the submitted application,
each and all as are reasonably necessary for the Board to make an
informed decision as to whether or not the requirements necessary
for approval of the application have been met.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the Administrative Officer
to the following:
(a)
The Land Use Board: 11 copies each of the final
plat or plan and the application;
[Amended 4-11-2012 by Ord. No. 2012-02]
(b)
Board Engineer: one copy each of the final plat
or plan and the application;
(c)
Board Attorney: one copy each of the final plat
or plan and the application;
(d)
Township Construction Official: one copy of
the preliminary plat or plan;
(e)
At the direction of the Land Use Board, additional
copies of the preliminary plat or plan and/or other items of submitted
information shall be sent to other Township, county or state agencies
and/or to other professional consultants as may be designated by the
Board; and
[Amended 4-11-2012 by Ord. No. 2012-02]
(f)
It shall be the applicant's responsibility,
unless specifically provided otherwise in this chapter, to submit
the required application to any agency (including but not limited
to the Warren County Planning Board, the Warren County Soil Conservation
District, and the New Jersey State Department of Environmental Protection)
having jurisdiction over any aspect of the proposed development.
(4)
The Board shall take action of 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 professional staff of the Board shall read any
written reports submitted concerning the application and shall review
the submission to ascertain its conformity with the requirements of
this chapter. The professional staff of the Board shall offer its
recommendations to the Land Use Board.
[Amended 4-11-2012 by Ord. No. 2012-02]
(6)
If the Board acts favorably on the final plat or plan,
the Board 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. Moreover, in the
case of final subdivisions only, the applicant shall include for signing
one cloth copy and at least two Mylar copies of the approved plat
in addition to the 10 paper copies.
(7)
For any application that is heard by the Board and
is continued for additional studies, reports, plans or revisions to
previously submitted material, the new or revised material must be
submitted to the Township at least 10 days prior to the hearing at
which the new material is to be considered by the Board.
(8)
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 said approval. Revised plans will then be
reviewed by the Board to verify conformity with the resolution of
approval within 30 days after receipt of the revised submission. Five
copies of the revised, verified plan shall then be signed by the Board
Engineer. Two copies will be sent to the Township, and one copy will
be returned to the applicant. After the final development plans have
been approved by the Board Engineer, seven complete sets should be
submitted to the Township. The plans will be stamped approved and
distributed to staff with one set returned to the applicant.
(9)
Any resolution by the Board shall be deemed to include
a contingency that all necessary approvals by other agencies having
jurisdiction over any aspect of the proposed development are required
as a condition of the Board's approval. Any substantial plan revision
required by an outside reviewing agency, including the County Planning
Board, after final action by the Land Use Board will require a new
substantive review. Whenever a development application which has been
the subject of a public hearing has been substantially amended, the
Board shall require that an amended plat or plan be submitted and
acted upon as in the case of the original application.
[Amended 4-11-2012 by Ord. No. 2012-02]
(10)
After approval of the final plat or plan by
the Board, the Administrative Officer 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 § 19-706F of this chapter:
(a)
Township Clerk: one paper copy;
(b)
Board Engineer: one paper copy and, in the case
of subdivisions only, one Mylar copy drawn to the tax map scale of
1 = 100 or 1 = 400, as directed by the Board Engineer;
(c)
Zoning Officer: one paper copy;
(d)
Township Tax Assessor: one paper copy;
(e)
The applicant: one paper copy and, in the case
of subdivisions only, one Mylar copy; and
(f)
Such other Township, county or state agencies
and officials as directed by the Board.
(11)
Within 95 days from the date of signing of the
final subdivision plat, the subdivider shall file a copy of same with
the Warren 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. The Board may extend the ninety-five-day
or one-hundred-ninety-day period if the developer proves to the reasonable
satisfaction of the Board: that the developer was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities; and that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Land Use Board. The developer may
apply for an extension either before or after the original expiration
date.
[Amended 4-11-2012 by Ord. No. 2012-02]
(12)
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 Administrative Officer, 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 of major subdivision plats
and major site plans.
(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 on which the resolution of final approval is adopted:
(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 subdivision or site plan for a planned development or residential cluster 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 Subsection 19-805D(1) hereinabove for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential
floor area permissible under final approval;
(b)
Economic conditions; and
(c)
The comprehensiveness of the development.
|
The developer may apply for thereafter, and
the Board may thereafter grant, an extension to final approval for
such additional period of time as shall be determined by the Board
to be reasonable taking into consideration:
| ||
|
(a)
|
The number of dwelling units and nonresidential
floor area permissible under final approval;
| |
|
(b)
|
The number of dwelling units and nonresidential
floor area remaining to be developed;
| |
|
(c)
|
Economic conditions; and
| |
|
(d)
|
The comprehensiveness of the development.
| |
(3)
Whenever the Board grants an extension of final approval pursuant to Subsection 19-805D(1)(b) or D(2) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before: what would otherwise be the expiration date; or the 91st day after the date on which the developer receives the last of the legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to Subsection 19-805D(1)(b) or D(2) hereinabove.
A.
Applicability.
(1)
In areas which are underlain by carbonate rock, such
as limestone and dolomite, as defined and established by the geological
survey of the New Jersey Department of Environmental Protection and/or
the United States Geological Survey, a more detailed geologic evaluation,
in addition to the basic requirements of an environmental impact statement
included within § 18-804C of this chapter, is required to
assess the effect of the proposed development on groundwater quality
and the stability of the geology to support increased loads and reductions
in soil cover from the proposed site improvements.
(2)
The Township of Blairstown relies on a clean supply
of subsurface water to foster and promote human health, welfare and
economic and social development. Therefore, the purposes of enacting
these provisions are to protect, preserve and enhance a sensitive
and valuable potable groundwater resource area and to reduce the frequency
of structural damage to public and private improvements by sinkholes
or subsidence in areas of carbonate geology, thus protecting the public
health, safety and welfare and insuring orderly development within
the Township.
(3)
The Geologic and Groundwater Resources Map contained in § 19-306 of this chapter indicates that an extensive area in the central portion of the Township along the Route 94 corridor is underlain by the Kittatiny Formation, which is a carbonate geologic formation. For the purposes of this chapter, any area which may be underlain by carbonate rock shall be considered a potential critical geological area. Critical geological areas may require extraordinary and exceptional construction methods to mitigate the adverse impact of development on the environment.
B.
Geologic inventory. Any developer of a potential critical
geological area or any developer of lands which drain to potential
critical geological areas shall conduct an initial investigation for
determining any adverse impact which might be created by the development.
The investigation shall include the following:
(1)
Review of relevant United States Geological Survey
quadrangle sheets and New Jersey Geological Survey mappings; the Warren
County Soil Survey indicating soils present on the subject site; and
the Natural Resources Inventory portion of the Blairstown Township
Master Plan describing the geology of the Township;
(2)
A map at a scale of 1 = 1,000 identifying the proposed
development site with respect to the critical geological area;
(3)
Aerial photographs at a minimum scale of 1 = 1,000
of the proposed development site and surrounding area taken at times
of minimal foliage cover;
(4)
Well surveys by the Warren County Health Department
and the Bureau of Water Allocation of the New Jersey Department of
Environmental Protection of all wells within 1/2 mile of the proposed
site and of all public supply wells within one mile of the proposed
site; for the purposes of these surveys, the circle containing the
outer boundaries of the proposed development site shall be the center
of the survey radii;
(5)
A map at a scale of 1 = 100 for tracts of 40 acres or less or 1 = 200 for tracts of more than 40 acres, with two feet contour interval, identifying surface water bodies, faults, outcroppings, springs, sinkholes, caves, major depressions, disappearing streams, surface water flows, and locations of all wells identified in accordance with § 19-804B(4) hereinabove; and
(6)
A written narrative describing the proposed use and
whether the use includes the storage or use of toxic or hazardous
materials.
C.
Geotechnical investigation report.
(1)
Where the Board, with the advice of the Environmental
Commission and the Board Engineer, determines that further investigation
is warranted to determine the extent of potential geologic hazards,
the developer shall prepare a geotechnical investigation report.
(a)
The report shall include a formal site investigation
and geological evaluation;
(b)
A pattern of test borings or test pits shall
be the primary evaluation technique and plans for backfilling test
pits shall be included;
(c)
Additionally, a pattern of percussion probes,
seismic refraction or reflection, investigation by ground-penetrating
radar, or magnetic gravity or conductivity tests may be used to provide
data between test borings and pits to identify and map subsurface
rock types and subsurface anomalies, with specific attention to existing
solution cavities or caverns; and
(d)
Other exploration techniques as follows may
be used if approved by a geotechnical consultant who shall be retained
by the Township when a geotechnical investigations report is required:
[1]
A pattern of monitoring wells, lysimeters or
piezometers;
[2]
Plans for chemical analysis of the properties
of soils, rock formations and site groundwater; and
[3]
Plans for the use of other testing methods,
including seismic, electromagnetic, acoustic, gravimetric, electric
(conductivity) or other techniques and methodologies as approved and
accepted by the Township geotechnical consultant.
(2)
The geotechnical investigation report described hereinabove may be submitted independently of and in advance of the remainder of the environmental impact statement required by § 19-804C of this chapter.
(a)
The report shall evaluate site information gathered
during the geotechnical investigation and provide recommendations
for the planning, engineering design and construction techniques as
well as inspections to be utilized in the proposed development;
(b)
The report also shall propose engineering and
design solutions to minimize adverse environmental and structural
impacts for the useful life of the development as well as during construction;
(c)
The Board, with the advice of the Township's
geotechnical consultant and the Township Environmental Commission,
shall review and accept the report;
(d)
Upon recommendation of the Township's geotechnical
consultant and Environmental Commission, the Board may rule that the
geological investigation and evaluation undertaken by a developer
as required by this chapter is inadequate to ensure the public health
and safety, and may require additional investigation or evaluation;
the precise nature and extent of which, and the reasons therefor,
shall in each and every case be identified in the Board ruling.
D.
Development regulated within a critical geological
area.
(1)
Within a critical geological area, no residential
or nonresidential development shall be permitted which involves the
discharge of liquid wastes to or in the soils unless a positive demonstration
by the developer that such discharges will not so chemically react
with the underlying geology as to increase significantly the likelihood
that solution cavities or sinkholes will result, subject to the Board's
acceptance upon the recommendation of the Township's geotechnical
engineer.
(2)
In any development where both on-site management of
sanitary waste and on-site water supply are proposed, Board approval
of a subdivision or site plan shall be contingent upon demonstration
by the developer that, based on probabilities of development of solution
cavities or sinks, proposed densities will not be adverse to the public
health and safety.
(3)
The subdivision or site plan for any development to which this chapter applies shall address and respond to those problems which have been identified in the geotechnical investigation report required in Subsection 19-806C hereinabove. Preliminary approval of a subdivision or site plan shall be contingent upon the positive demonstration by the developer that the following issues have been appropriately addressed:
(a)
Appropriate site selection and design for buildings
and structures for stormwater management, water supply and waste disposal;
(b)
Adequate support for structures, roads, and
subsurface utility lines; structural foundations reinforced to span
soft soils or sinkholes as necessary;
(c)
Stormwater and sanitary sewer lines designed
and constructed with watertight joints tested to ensure integrity;
(d)
All pipe materials, joints, construction methods
and materials for exfiltration testing to be approved by the Township
Engineer, with the advice of the Township's geotechnical consultant;
(e)
Water supply and other pressurized utility lines
intended to transport liquids underground, when laid down in soils
or bedrock in a critical geological area, shall be equipped with flow
alarms or automatic shutdown mechanisms to detect breaks which would
allow water or wastewater to wash down in an uncontrolled manner into
the natural drainage or recharge system, and to prevent such uncontrolled
washdown or flow;
(f)
Minimization of site grading and blasting requirement;
and
(g)
Identification of a general methodology for
management of sinkholes or solution cavities, depressions, or other
questionable areas discovered during development or construction.
E.
Other requirements.
(1)
The developer shall employ the services of an expert
qualified in karst geology to be on site during all construction activities
involving excavation.
(2)
The Township Engineer shall be informed promptly of
any geological anomalies discovered during construction.
(3)
Land-use strategies, design concepts, engineering
solutions, and construction and operational procedures proposed in
the developer's report to the Board and agreed to by the Board shall
be scrupulously adhered to. A recorded developer's agreement shall
be executed and made part of all major subdivision and major site
plan approvals.
(4)
In any development or subdivision to which this chapter
applies and particularly any part of which lies within 500 feet of
any natural stream or watercourse, Board approval of the overall subdivision
or site plan shall be contingent upon demonstration by the developer
to the satisfaction of the Board that the proposed development and
building plans shall not adversely affect the public health and safety.
The developer's demonstration may take the form of evidence of the
integrity or competence of the geological formation.
F.
Exceptions.
(1)
In the event the literal enforcement of one or more
of the provisions of this chapter is impracticable or will exact undue
hardship because of peculiar conditions pertaining to the land in
question and the developer is unable to comply with all the provisions
hereof, he/she or she may apply to the Land Use Board for the grant
of exceptions from the requirements of this chapter.
[Amended 4-11-2012 by Ord. No. 2012-02]
(2)
Such application for the grant of exceptions shall
be made to the Land Use Board in conjunction with the application
for preliminary major subdivision or preliminary major site plan approval.
[Amended 4-11-2012 by Ord. No. 2012-02]
(3)
The Land Use Board shall hold a hearing on the request
for the grant of such exceptions simultaneously with the public hearing
required, pursuant to N.J.S.A. 40:55D-10, to be held upon the application
for preliminary major subdivision or preliminary major site plan applications,
as the case may be.
[Amended 4-11-2012 by Ord. No. 2012-02]
(4)
The construction of improvements in developments underlain
by critical geological formations is herewith deemed to constitute
an extraordinary circumstance, thereby rendering inapplicable the
engineer inspection and review fee limitations otherwise provided
by N.J.S.A. 40:55D-53h and enabling the charging of inspection fees
in excess thereof which, in all cases, shall be reasonable and shall
otherwise comply with the requirements of N.J.S.A. 40:55D-53.
G.
Disposition by the Board. As with the other portions
of an environmental impact statement the Board shall review the information
furnished in the document 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.
