[Added 4-8-1985 by Ord. No. 7-85; 8-12-1985 by Ord. No. 36-85; 7-8-1991 by Ord. No. 20-91; 10-14-1998 by Ord. No. 35-98]
[Added 9-12-2005 by Ord. No. 43-2005]
A.
Issuance of zoning permit. No property or building subject to a change
of use, change in occupancy or change in ownership, in whole or in
part, shall be occupied or used for any purpose, and no certificate
of occupancy, building permit, demolition permit or similar permit
shall be issued and no site improvements, including excavation or
construction or public or private improvements, shall be commenced
until the Zoning Officer of the Borough of Madison has issued a Zoning
Permit for such property. If the subject property complies with all
provisions of the Borough Code, all matters incorporated by the Borough
Engineer, any lawful prior orders issued under the authority of the
construction, property maintenance, fire prevention and health codes
are properly abated, all prior conditions established by site plan,
subdivision or variance approvals are satisfied, and the subject property
is not subject to site plan approval as set forth below, the Zoning
Officer shall issue the zoning permit within 10 business days of receiving
a complete application and evidence that all property taxes and all
other Borough charges have been paid on the subject property. Otherwise,
the Zoning Officer shall deny the application within the ten-day period,
citing the reason or reasons for such denial.
[Amended 4-11-2022 by Ord. No. 16-2022]
B.
Zoning permit subject to site plan approval. If site plan approval is required pursuant to § 195-20B(2), as determined by the Zoning Officer, no zoning permit shall be issued until a site plan for the subject site is approved by the Planning Board. The Zoning Officer may refer the question of whether site plan approval is required to the Technical Coordinating Committee for review and recommendation. If the Zoning Officer determines that site plan approval is required, the Planning Board may waive the requirement for site plan approval if the Board determines that the change in use, occupancy or ownership will have no adverse effect on drainage, traffic, parking, sidewalks, paving, landscaping, fencing, sanitary disposal or other similar considerations.
C.
Exemptions.
(1)
Changes in the use, ownership or occupancy of a residential
building, or a residential portion only of a mixed-use building, shall
be exempt from the requirements of this section.
(2)
Any change of ownership which is exempt from the payment of
the realty transfer fee imposed under New Jersey Public Law 1968,
c. 49, as amended, by reason of a deed for a consideration of less
than $100; which confirms or corrects a deed previously recorded;
between husband and wife, parent and child; by an executor or administrator
of a decedent to a devisee or heir to effect distribution of the decedent's
estate in accordance with the provisions of the decedent's will or
the intestate laws of the State of New Jersey; or recorded within
90 days following the entry of a divorce decree which dissolves the
marriage between the grantor and grantee, shall be exempt from the
requirements of this section.
D.
Fees. The fee for a zoning permit is more particularly set forth in § 195-12. Application forms are available from the Borough Clerk or Zoning Officer.
E.
Violations. Failure of an owner, agent or occupant to comply with
this section may result in the issuance of administrative penalties
and violations. Each violation of this section shall constitute a
separate offense and a summons may be issued for each and every day
that a zoning permit is not obtained. Each separate offense may result
in a summons being issued with a maximum daily penalty of $500 per
instance. Repeat offenders will be assessed an additional penalty
of $250 per day.
F.
Zoning Officer. Any reference to Zoning Officer set forth in this
section shall be deemed to include any designee of the Zoning Officer.
A.
Assignment. The applicant may file an application and proceed before
the Board which the applicant believes to be appropriate, or the applicant
may seek the direction of the administrative officer as to which approvals
are required from the appropriate Board.
(1)
Waiver of site plan detail.
(2)
Concept plan.
(3)
Minor subdivision.
(4)
Preliminary major subdivision.
(5)
Preliminary site plan.
(6)
Final major subdivision.
(7)
Final site plan.
(8)
Amended site plan.
(9)
Variance(s).
(10)
Conditional use approval.
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(Note: Certain applications may involve a combination of actions.)
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B.
Content. An application for development shall include all relevant
completed checklist(s) as specified in Schedule III,[1] the items specified in the checklist(s), and a completed
application form including all attachments. With the exception of
requests for permitted uses with waiver of site plan details (in specific
instances only) or for interpretation or appeals of a decision of
a Borough official, all applications shall provide all items specified
in Checklist A in Schedule III.
[Amended 3-26-2018 by Ord. No. 13-2018]
[1]
Editor's Note: Schedule III is included as an attachment to this chapter.
C.
Complete application. The administrative officer or his/her designee shall review all applications and accompanying documents required by this chapter to determine whether or not the submission is a valid application for development in accordance with § 195-17B. Upon such a finding, the administrative official or his/her designee shall certify the application as being complete and shall so notify the applicant and the TCC. If the application is found to be incomplete, the administrative officer shall indicate the manner in which the application is incomplete, by reference to the specific section or sections of the applicable checklist(s). The administrative official shall notify the applicant, in writing, of any finding of incompleteness and said specific deficiencies of the application. The application shall be deemed to be complete if a written notification of incompleteness, as provided above, has not been sent to the applicant within 45 days of the submission of the application to the Board. The applicant may request that one or more of the submission requirements be waived, in which event the TCC shall consider the waivers and provide a recommendation to the Planning Board, which shall grant or deny the request within 45 days from the first hearing date before the Board.
[Amended 3-26-2018 by Ord. No. 13-2018]
D.
Additional information. In its review of the application, the TCC
or Planning Board may request additional information after certification
as a complete application to correct any information found to be in
error and/or submission of additional information not specified in
this chapter or any revision to the accompanying documents, as are
reasonably necessary to make an informed decision as to whether the
requirements necessary for approval of the application for development
have been met.
[Amended 3-26-2018 by Ord. No. 13-2018]
[Amended 3-26-2018 by Ord. No. 13-2018]
A.
Where no physical exterior improvements are proposed on a site occupied
by a permitted use, with the exception of signage and solid waste/recycling
receptacles, an applicant may apply for permitted use with waiver
of site plan details.
B.
The applicant shall submit the required fee and the requisite application
materials itemized in Checklist E[1] for review and consideration by the administrative official
for completeness. Upon determination by the administrative official
that the application is complete, the applicant shall submit additional
copies of all plans as directed by the administrative official, who
will then place the item on the TCC agenda.
[1]
Editor's Note: Said checklist is included in Schedule III,
an attachment to this chapter.
C.
The TCC shall review the application and determine if any additional
details are necessary for formal consideration by the Planning Board,
particularly if signage variance relief is triggered.
A.
Prior to the submittal of a formal plan, the applicant for subdivision
or site plan may request an informal review before a meeting of the
Planning Board in order to:
(1)
Acquaint the applicant with the substantive and procedural requirements
of the subdivision and Site Plan Ordinance.
(2)
Provide for an exchange of information regarding the proposed development
plan and applicable elements of the Master Plan, Zoning Ordinance
and other development requirements.
(3)
Advise the applicant of any public sources of information that may
aid the application.
(4)
Identify policies and regulations that create opportunities or pose
significant constraints for the proposed development.
(5)
Consider opportunities to increase development benefits and mitigate
undesirable project consequences.
(6)
Permit input into the general design of the project.
B.
Applicants seeking review of a concept plan shall provide 12 copies of the plan and the completed application and the required review fees to the Board Secretary at least 10 days before a regularly scheduled meeting of the TCC. The TCC shall review the application pursuant to the requirements of § 195-14 and shall provide input on the materials to be provided to the Planning Board.
[Amended 3-26-2018 by Ord. No. 13-2018]
C.
After the TCC has reviewed the plan, 15 copies of the concept plan
that incorporates any TCC comments shall be submitted to the Planning
Board for discussion purposes.
[Amended 3-26-2018 by Ord. No. 13-2018]
D.
The concept plan is a general plan that is neither fully engineered
nor surveyed. The plan should be sufficiently detailed to allow the
Planning Board to make suggestions on general site design and layout
for circulation, stormwater management, location of open space and
buffers, building arrangements and to determine how the proposal meets
the Borough's development goals and objectives.
[Amended 3-26-2018 by Ord. No. 13-2018]
E.
Effect of concept plan/informal review. Neither the applicant nor
the Board is bound by any concept plan or informal review. The suggestions
made at the concept plan stage may change with new information discovered
when a formal development application is prepared using current detailed
site-specific data and on-site test findings. The applicant may request
a review of an additional concept plan based upon new information
prior to submission of a formal application for development. The amount
of any fees for such informal review shall be a credit toward fees
for review of the application for development.
A.
Submission procedures. All site plan and subdivision applications
submitted under the provisions of this chapter shall comply with all
the applicable requirements of the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
B.
Uses requiring site plan approval.
(1)
All development activities except the following shall require site
plan approval:
[Amended 3-10-2003 by Ord. No. 7-2003]
(a)
The construction, customary use and modification of single-
or two-family dwellings, including any permitted accessory buildings
and/or uses incidental to the principal use of the property.
(b)
Any structure or use for which site plan approval was granted
prior to the effective date of this chapter and that was developed
in accordance with such approval.
(c)
Construction which is determined by the Construction Official
to constitute ordinary repairs, as defined by the State of New Jersey
Department of Community Affairs Uniform Construction Code.
(d)
Soil disturbance of less than 300 cubic yards in total, over
time, except that nothing shall be construed to prevent the otherwise
lawful excavating or cutting, stripping or other change in the existing
configuration of the land for the following purposes and no others:
[1]
Gardening for noncommercial purposes.
[2]
The construction or reconstruction of curbs, sidewalks, private
residential driveways, drainage systems, sewage disposal systems and
other utility service connections, provided that all other Borough,
county, state and district approvals have been received.
(e)
Any structure or use on municipal properties.
(f)
Any structure or use on other governmental properties to the
extent of exemptions from local requirements as allowed by law.
(2)
Change in use or occupancy.
[Amended 9-12-2005 by Ord. No. 43-2005; 9-11-2017 by Ord. No. 35-2017]
(a)
A change in use or occupancy of a building or land in all zoning
districts except the CBD-1 Zone requires site plan approval if one
or more of the following criteria is met as determined by the Zoning
Officer or his designee:
[1]
The previous use never received required site plan approval.
[2]
The proposed use requires more off-street parking than the previous
use based upon the parking requirements of this chapter.
[3]
The proposed use has significantly different hours of operation
than the previous use.
[4]
The proposed use has different loading requirements that require
deliveries by vehicles that exceed 30 feet in length.
[5]
The proposed use involves the storage or handling of chemicals
or hazardous substances.
[6]
The proposed use will generate a greater amount of solid waste,
requiring one or more dumpsters to be stored outside.
(b)
In determining whether the above criteria are met, the Zoning
Officer or his designee may refer the matter to the Technical Coordinating
Committee for review and recommendation.
(c)
In the CBD-1 Zone, a change in use or occupancy of a building
or land requires site plan approval if one or more of the following
criteria is met as determined by the Zoning Officer or his/her designee:
[1]
The proposed use requires more off-street parking than the previous
use based upon the parking requirements of this chapter.
[2]
The proposed use opens before 5:00 a.m. and is proposed to stay
open past 11:00 p.m.
[3]
The proposed use requires deliveries by vehicles that exceed
30 feet in length.
[4]
The proposed use involves the storage or handling of chemicals
or hazardous substances.
[5]
The proposed use will require one or more new dumpsters to be
stored outside.
C.
Waiver of site plan approval.
[Amended 9-12-2005 by Ord. No. 43-2005]
(1)
By Zoning Officer or his designee. Where a proposed development does
not involve a change in use and is for nonstructural change in the
facade of a structure or an interior change which does not increase
parking, drainage or other site development considerations, the Zoning
Officer or his designee may waive the requirement for site plan approval.
(2)
The Zoning Officer or his designee shall not waive site plan approval
for a nonstructural change in the facade of a structure if the structure
is in a zone or portion thereof covered by a duly adopted historic
preservation plan.
D.
Review of impervious coverage requirements by Borough Engineer. In
all applications for an impervious coverage variance regarding single-
and two-family dwellings, the Borough Engineer shall review the plans
and application prior to the scheduled hearing and provide an advisory
report for the Board which may include recommendations.
E.
Additional requirements.
(1)
No subdivision or site plan involving any street(s) requiring additional
right-of-way width as specified in the Master Plan or Official Map
and the street requirements of this chapter shall be approved unless
such additional right-of-way, either along one or both sides of said
street(s), as applicable, shall be deeded to the municipality or other
appropriate governmental agency.
(2)
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 may include,
but not be limited to, drainage calculations, traffic analysis, noise
and other impacts, and detailed environmental information.
F.
Environmental impact assessment.
(1)
When required. An environmental impact assessment as part of preliminary
approval shall be required for a major subdivision. The Board may,
at the request of an applicant, waive portions of the environmental
impact assessment requirements upon a finding that a complete report
need not be prepared in order to evaluate adequately the environmental
impact of a particular project.
(2)
Submission to the Environmental Commission. The Board shall submit
the environmental impact assessment, together with a copy of the preliminary
plat, to the Madison Environmental Commission for review. The Environmental
Commission shall make a report thereon to the Board within 30 days
following the submission of the environmental impact report to the
Environmental Commission. In reviewing the application for preliminary
approval, the Board shall take into consideration the effect of the
applicant s proposed project upon all aspects of the environment,
as well as the sufficiency of the applicant's proposals for dealing
with any immediate or projected adverse environmental effects.
(3)
Submission format. All environmental impact assessments shall consist
of written and graphic materials which clearly present the following
information:
(a)
Project description. A description of the proposed project shall
be presented to indicate the extent to which the site must be altered,
the kinds of facilities to be constructed and the uses intended. The
resident population, working population and visitor population shall
be estimated.
(c)
Site description and inventory. The suitability of the site
for the intended use shall be discussed. This shall include a description
of environmental conditions on the site which shall include, but not
be limited to, the following items:
[1]
Types of soils. A description and list of each soil type including
capabilities and limitations on the site shall be provided and identified
on a map. Soils shall be described with reference to criteria contained
in the Morris County Soil Conservation District Standards and Specifications.
[2]
Topography. A description and map of the topographic conditions
of the site shall be provided. Areas where slopes are in excess of
15% shall be identified on the map.
[3]
Geology. A description and map of the geologic formations and
features of the site shall be provided. Areas where bedrock is within
two feet of the surface as well as major rock outcroppings shall be
shown on the map.
[4]
Vegetation. A description and map of existing vegetation on
the site showing the location of major vegetative groupings such as
woodlands, open fields and isolated trees greater than six inches
caliper shall be provided. Where woodlands are delineated, the forest
type and its characteristics shall be identified.
[5]
Wildlife. Habitats of any rare or endangered species defined
by the State of New Jersey shall be identified and described.
[6]
Critical areas. A description and map of the wetland areas,
wetland buffers and floodplains on the site shall be provided.
[7]
Surface water. A description and map of existing watercourses
and water bodies that are partially or totally on the site shall be
identified.
[8]
Subsurface water. Subsurface water conditions on the site shall
be described both in terms of depth to groundwater and water supply
capabilities. Where existing conditions warrant, detailed information
of the depth, capacity and water quality of existing wells within
500 feet of the site shall be provided. The water supply capabilities
of the adjacent areas and the recharge capabilities of the site shall
be described.
[9]
Unique, scenic and/or historic features. Describe and map those
portions of the site that can be considered to have unique, scenic
and/or historic qualities and any scenic view from the site.
[10]
Miscellaneous. When warranted, an analysis shall
be conducted of existing air quality and noise levels as prescribed
by the New Jersey Department of Environmental Protection. When warranted,
the Board may also request delineation of conditions on adjacent properties.
(d)
Impact. The negative and positive impacts of the project during
and after construction shall be discussed. The specific concerns that
shall be considered include the following:
[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 species.
[10]
Destruction or degradation of scenic and historic
features on and off site.
[11]
Air quality degradation.
[12]
Noise levels.
[13]
Lighting levels, including trespass lighting.
[14]
Effect on community, including projected population
increase, increase in municipal and school services and consequences
to the municipal tax structure.
(e)
Environmental performance controls. The applicant shall indicate
the measures which will be employed during the planning, construction
and operation phases which will minimize or eliminate negative impacts
on and off site. Of specific interest are:
[1]
Drainage plans, which shall include but not be limited to soil
erosion and sedimentation controls.
[2]
Water supply and water conservation proposals.
[3]
Site design techniques sensitive to the natural environment
which should include innovative landscape, building and circulation
design.
[4]
Noise reduction techniques.
[5]
Screening and landscaping intended to enhance the compatibility
of the development with adjacent areas.
[6]
Miscellaneous on-site and off-site public improvements.
(f)
Alternatives. A discussion of site design and project location
alternatives that were considered shall be provided. The discussion
shall indicate why an alternative was rejected if it would have resulted
in less of a negative impact than the proposed development.
(g)
Licenses, permits and other approvals required by law. The applicant
shall list all known licenses, permits and other forms of approval
required by law for the construction and operation of the proposed
project. This list shall include, but is not to be limited to, approvals
required by the municipality and agencies of the county, state and
federal governments. Where approvals have been granted, copies of
said approvals shall be attached. Where approvals are pending, a note
shall be made to that effect.
(h)
Documentation. All publications, file reports, manuscripts or
other written sources of information which were consulted in preparation
of the environmental impact assessment shall be listed and footnoted.
A list of all agencies and individuals from whom pertinent information
was obtained orally or by letter shall be listed separately. Dates
and locations of all meetings shall be specified.
(i)
Disposition. The Board shall review the environmental impact
assessment to determine if the development will result in appreciable
harmful effects to the environment.
G.
Traffic/transportation impact statement.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1)
When required. The Board may require a transportation impact statement
as part of preliminary approval if, in the opinion of the Board, the
development could have an adverse impact on the road network, pedestrian
safety, existing on-site parking, ingress/egress or on-site circulation.
(3)
Submission format. All impact statements shall provide a description
of the impact and effect of the proposed land development upon all
roads that are adjacent to or immediately affected by traffic and
shall specifically address the following items:
(a)
Existing conditions in the vicinity of the proposed project,
including:
[1]
Roadway network.
[2]
Representative traffic counts, not during holiday or summer
periods.
[3]
Traffic accident statistics for the most recent three-year period,
including all crashes involving pedestrians or cyclists.
[4]
Availability/locations of public transportation and on-street/public
parking.
[5]
Level of service of adjacent roadways.
[6]
Existing and proposed off-street parking serving the proposal.
(c)
Identification of transportation impacts caused by the proposed
development.
(d)
Explanation of traffic reduction/traffic management plans necessary
pursuant to any current federal, state or county requirements, and,
where applicable, proposed interaction with appropriate County Transportation
Management Areas (TMA).
(e)
Recommendations for alleviating or diminishing any possible
congestion or disruption to the established traffic or transportation
or parking patterns.
(f)
Any other information requested by the appropriate Board reasonably
required to make an informed assessment of potential transportation
impacts.
A.
Application.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1)
The applicant shall submit the required elements of an application for development, as identified in § 195-17.
(2)
Upon determination by the administrative official that the application
is complete and upon review by the TCC, the applicant shall submit
the requisite number of additional copies of all plans and application
materials, and the Board Secretary will place the item on the TCC
agenda.
B.
Submission requirements.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1)
Submission requirements for subdivision applications are provided
in the checklists in Schedule III.[1]
[1]
Editor's Note: Schedule III is included as an attachment to this chapter.
(2)
The Board Secretary, within five business days of the certification
of completeness for preliminary approval, shall forward copies of
the plat or site plan to the following for review and comment, where
appropriate:
(a)
Environmental Commission.
(b)
Borough Fire Department.
(c)
Borough Police Department.
(d)
Borough Water Department.
(e)
Borough Electric Department.
(f)
Borough Public Works Department.
(g)
Borough Historic Preservation Commission.
(h)
Sign and Facade Committee of the Downtown Development Commission.
C.
Review. The officials and agencies cited above shall forward their
comments and recommendations in writing to the Board within 30 days
from receipt of the plat or site plan or by the date of the scheduled
public hearing.
D.
Notice of public hearing. At the time when the application is deemed
complete, the Board Secretary shall set a date for the public hearing
and notify the applicant of said date. After such notification, the
applicant shall follow the procedures established with respect to
notice of hearing.
E.
Action.
(1)
The Board shall approve, conditionally approve or deny a minor subdivision
within 45 days of the certification that the application is complete,
unless the applicant shall extend the period of time within which
the Board may act. Where a variance is requested pursuant to Subsection
b of N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70, the Board shall take
action within 120 days from which the application is certified complete.
(2)
Failure of the Board to act within the period prescribed shall constitute
minor subdivision approval, and a certificate of the administrative
officer as to the failure of the Board to act shall be issued on request
of the applicant. The certificate shall be sufficient in lieu of the
written endorsement or other evidence of approval, herein required,
and shall be so accepted by the county recording officer for purposes
of filing subdivision plats or deeds.
F.
Effect of approval. Approval of a minor subdivision shall be deemed
final approval and shall be prepared in accordance with final subdivision
requirements, provided that the Board may condition such approval
on the provision of improvements as may be required pursuant to N.J.S.A.
40:55D-53. The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision or
site plan approval was granted shall not be changed for a period of
two years after the date on which the resolution of approval is adopted,
provided that the approved minor subdivision shall have been duly
recorded.
G.
Conditions of approval. Whenever review or approval of the application
by the County Planning Board is required by N.J.S.A. 40:27-6.3, the
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period as set forth in N.J.S.A. 40:27-6.3.
H.
Filing with the county recording officer. Approval of a minor subdivision
shall expire 190 days from the date on which the resolution of approval
is adopted unless within such period a plat in conformity with such
approval and N.J.S.A. 46:23-9.9 et seq. or a deed clearly describing
the approved minor subdivision is filed by the developer with the
county recording officer, the Borough Engineer and the Borough Tax
Assessor. Any such plat or deed accepted for such filing shall have
been signed by the Chairperson and the Secretary of the Board. In
reviewing the application for development for a proposed minor subdivision,
the Board may accept a plat not in conformity with N.J.S.A. 46:23-9.9
et seq.; provided that, if the developer chooses to file the minor
subdivision as provided herein by plat rather than deed, such plat
shall conform to the provisions of said act.
I.
Extensions.
(1)
The Board may extend the one-hundred-ninety-day period for filing
a minor subdivision plat or deed pursuant to this chapter if the developer
proves to the reasonable satisfaction of the Board:
(2)
The length of the extension shall be equal to the period of delay
caused by the wait for the required approvals, as determined by the
Board. The developer may apply for the extension either before or
after what would otherwise be the expiration date.
(3)
The Board shall grant an extension of minor subdivision approval
for a period determined by the Board, but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental agencies and that the developer applied promptly
for and diligently pursued the required approvals. The developer shall
apply for the extension before what would otherwise be the expiration
date of minor subdivision approval; or the 91st day after the developer
receives the first legally required approval from other governmental
entities, whichever occurs later.
J.
Distribution of copies. A copy of the recorded plat or a copy of
the recorded deed shall be filed with the administrative officer of
the appropriate Board. The Administrative Officer shall distribute
copies of the plat, deed or plan to the following:
A.
Application.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1)
The applicant shall submit the required elements of an application for development, as identified in § 195-17.
(2)
Upon determination by the administrative official that the application
is complete and upon review by the TCC, the applicant shall submit
the requisite number of additional copies of all plans and application
materials, and the Board Secretary will place the item on the agenda.
B.
Submission requirements.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1)
Submission requirements for all application types are provided in
the checklists in Schedule III, specifically Checklist A and Checklist
C.[1]
[1]
Editor's Note: Schedule III is included as an attachment to this chapter.
(2)
The Board Secretary, within five business days of the certification
of completeness for preliminary approval, shall forward copies of
the plat or site plan to the following for review and comment, where
appropriate:
(a)
Environmental Commission.
(b)
Borough Fire Department.
(c)
Borough Police Department.
(d)
Borough Water Department.
(e)
Borough Electric Department.
(f)
Borough Public Works Department.
(g)
Borough Historic Preservation Commission.
(h)
Madison-Chatham Joint Meeting.
(i)
Sign and Facade Committee of the Downtown Development Commission.
(3)
The Board shall also have the authority to refer any plat to other
agencies or individuals for comment or recommendations.
C.
Review. The officials and agencies cited above shall forward their
comments and recommendations in writing to the Board within 20 days
from the receipt of the plat or site plan or by the date of the scheduled
public meeting. In the case of signage, the time periods for review
as established in § 195-33.1B shall apply.
[Amended 3-26-2018 by Ord. No. 13-2018]
D.
Notice of public hearing. At the time that the application is deemed
complete, the Board Secretary shall set a date for the public hearing
and notify the applicant of said date. After such notification the
applicant shall follow the procedures established in this chapter
with respect to the notice of hearing.
E.
Action.
(1)
Subdivisions.
(a)
The Board shall approve, conditionally approve or deny a preliminary
major subdivision application of 10 lots or less within 45 days after
the application is certified complete unless the applicant shall extend
the period of time within which the Board may act.
(b)
The Board shall approve, conditionally approve or deny the preliminary
major subdivision application of more than 10 lots within 95 days
after the application is certified complete unless the applicant shall
extend the period of time within which the Board may act.
(c)
If a preliminary subdivision application is being considered
by the Board of Adjustment simultaneously with an application for
a use variance, the Board of Adjustment shall act on the application
within 120 days after the application is certified complete unless
the applicant shall extend the period of time within which the Board
may act. If the applicant elects to bifurcate the application for
approval of the variance and the subsequent application for any required
approval of a subdivision and/or site plan, the one-hundred-twenty-day
limit shall apply only to the variance. The subdivision and/or site
plan application shall be denied or approved in accordance with the
applicable time limits.
(d)
Failure of the Board to act within the time prescribed shall
constitute preliminary major approval, and a certificate of the administrative
officer as to the failure of the Board to act shall be issued on request
of the applicant. Said certificate shall be sufficient in lieu of
the written endorsement or other evidence of approval herein required
and shall be accepted by the county recording officer for purposes
of filing subdivision plats.
(2)
Site plans.
(a)
The Board shall approve, conditionally approve or deny the preliminary
major site plan which involves 10 acres of land or less or 10 dwelling
units or less within 45 days after the application is certified complete
unless the applicant shall extend the period of time within which
the Board may act.
(b)
The Board shall approve, conditionally approve or deny the preliminary
major site plan of more than 10 acres or more than 10 dwelling units
within 95 days after the application is certified complete unless
the applicant shall extend the period of time within which the Board
may act.
(c)
If a preliminary site plan application is being considered by
the Board of Adjustment simultaneously with an application for a use
variance, the Board of Adjustment shall act on the application within
120 days after the application has been certified complete unless
the applicant shall extend the period of time within which the Board
may act. If the applicant elects to bifurcate the application for
approval of the variance and the subsequent application for any required
approval of a subdivision and/or site plan, the one-hundred-twenty-day
limit shall apply only to the variance. The subdivision and/or site
plan application shall be denied or approved in accordance with the
applicable time limits.
(d)
Failure of the Board to act within the time prescribed shall
constitute preliminary major site plan approval, and a certificate
of the administrative officer as to the failure of the Board to act
shall be issued on request of the applicant. Said certificate shall
be sufficient in lieu of a written endorsement or other evidence of
approval herein required.
F.
Effect of preliminary approval.
(1)
If the Planning Board or Board of Adjustment approves the preliminary
plat or site plan, a resolution shall be adopted setting forth the
approval and any conditions of approval.
(2)
Extensions. Preliminary approval of a major subdivision and site plan, except as provided in Subsection F(2)(d) of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot sizes; yard dimensions and off-tract improvements; and in the
case of a site plan, any requirements peculiar to site plan approval
pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be
construed to prevent the Borough from modifying by ordinance such
general terms and conditions of preliminary approval as related 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 subdivision plat or site plan, as the
case may be.
(c)
That the applicant may apply for and the Board may grant extension
on such preliminary approval for additional periods of at least one
year but not to exceed a total extension of two years, provided that,
if the design and improvement standards have been revised by ordinance,
such revised standards may govern.
(d)
In the case of a subdivision or a site plan for an area of 50 acres or more, the appropriate Board may grant the rights referred to in Subsection F(2)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the appropriate Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions, and the comprehensiveness of the development; provided that, if the design standards have been revised, such revised standards may govern.
(e)
Whenever the Board grants an extension of preliminary approval pursuant to Subsection F(2)(c) or (d) above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.
(f)
The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection F(2)(c) or (d) above.
(3)
In all cases, the recommendations of the County Planning Board shall
be given careful consideration in the final decision. If the County
Planning Board has approval authority pursuant to N.J.S.A. 40:27-6.1,
its action shall be noted on the plat or plan, and if disapproved,
two copies of the reasons for disapproval shall be returned with the
plat or plan to the applicant. If either the Borough Board or the
County Planning Board disapproves a plat or plan, the reasons for
disapproval shall be remedied prior to further consideration.
G.
Conditions of approval. Whenever review or approval of the application
by the County Planning Board is required by N.J.S.A. 40:27-6.3, the
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period as set forth in N.J.S.A. 40:27-6.3
and 40:27-6.7.
H.
Signatures required. If the Board favorably acts on a preliminary
plat or plan, the Chairperson and the Secretary of the Board shall
affix their signatures to the plat or plan with a notation that it
has received preliminary approval and shall return the same to the
applicant for compliance with final approval requirements. Where approval
is conditioned upon revisions to the preliminary plat or plan, the
Chairperson and the Secretary of the Board shall not affix their signatures
to the plat or plan until all such revisions are made.
I.
Filing with the County Planning Board. Any plats and forms required
to be filed with the Morris County Planning Board shall be prepared
by the applicant and filed by the Secretary of the Borough Board.
The Secretary shall collect from the applicant any fees required by
the County Planning Board.
J.
Simultaneous preliminary and final site plan approval. Combined preliminary
and final site plan approval may be granted, provided that all submission
requirements for both applications are met. The time limit within
which the Board shall act shall be the longest time permitted for
either of the two approvals.
A.
Application.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1)
The applicant shall submit a final plat or final plan to the
Secretary of the Board within three years after the date of the preliminary
approval or any authorized extension thereof.
(2)
Upon determination by the administrative official that the application
is complete, the applicant shall submit 15 additional copies of all
plans, and the Secretary of the Board will place the item on the agenda.
B.
Submission requirements.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1)
Submission requirements for final subdivision and site plan
approval are provided in Checklist D in Schedule III.[1]
[1]
Editor's Note: Schedule III is included as an attachment to this chapter.
(2)
The Board Secretary, within five business days of the certification
of completeness of an application for final approval, shall forward
copies of the plan or plat to the following officials for review and
comment where appropriate:
(a)
Environmental Commission.
(b)
Borough Fire Department.
(c)
Borough Police Department.
(d)
Borough Water Department.
(e)
Borough Electric Department.
(f)
Borough Public Works Department.
(g)
Borough Historic Preservation Commission.
(h)
Sign and Facade Committee of the Downtown Development Commission.
(3)
The Board shall also have the authority to refer any plan or
plat to other agencies or individuals for comment or recommendations.
In the case of signage, the time periods for review as established
in § 195-33.1B shall apply.
C.
Review. The officials and agencies shall forward their comments and
recommendations in writing to the Board within 30 days from the receipt
of the final plat or site plan or by the date of the scheduled public
hearing.
D.
Notice of public hearing. At the time that the application is deemed
complete, the Board Secretary shall set a date for the public hearing
and notify the applicant of said date. After such notification, the
applicant shall follow the procedures established in this chapter
with respect to the notice of hearing.
E.
Action.
(1)
The Board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by ordinance for final approval,
the conditions for preliminary approval and, in the case of a major
subdivision, the standards prescribed in the Map Filing Law, P.L.
1960, c. 141.[2] In the case of a planned unit development, planned unit
residential development or residential cluster, the Board may permit
minimal deviations from the conditions of preliminary approval necessitated
by change of conditions beyond the control of the developer since
the date of preliminary approval without the developer being required
to submit another application for development for preliminary approval.
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
Final approval shall be granted or denied within 45 days after
submission of a complete application or within such further time as
may be consented to by the applicant. Failure of the Board to act
within the period prescribed shall constitute final approval, and
a certificate of the administrative officer as to the failure of the
Board to act shall be issued on request of the applicant. Said certificate
shall be sufficient in lieu of the written endorsement or other evidence
of approval, herein required, and, in the case of subdivision plans,
shall be so accepted by the county recording officer for purposes
of filing.
(3)
Whenever review or approval of the application by the County
Planning Board is required, the Board shall condition its approval
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
F.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed for a period of two
years after the date on which the resolution of final approval was
adopted; provided that, in the case of major subdivision, the rights
conferred by this section shall expire if the plat has not been duly
recorded within the required time period. If the developer has followed
the standards prescribed for final approval and has duly recorded
the plat with the county recording officer, the Board may extend such
period of protection for extensions of one year but not to exceed
three extensions. Notwithstanding any other provisions of this chapter,
the granting of final approval terminates the time period of preliminary
approval pursuant to this article. Final approval shall entitle the
applicant to apply for a building permit.
(2)
Extension of final approval.
(a)
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision for 150 acres or more or site plan for the development of a nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection F(1) of this section for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:
(b)
The developer may apply for thereafter, and the Board may thereafter
grant, an extension of final approval for such additional period of
time as shall be determined by the Board to be reasonable, taking
into consideration the following:
(3)
Whenever the Board grants any extension of final approval 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 extension date.
(4)
The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for an extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection F(1) or (2) above.
G.
Conditions of final approval.
(1)
Conditions of final approval. The Board may, as a condition
of final approval:
(a)
Enter into a developer's agreement.
(b)
Grant final approval only for designated geographic sections
of the development, where development is to be phased.
(c)
Grant final approval for certain work, but require resubmission
for final approval for designated elements, such as, but not limited
to, landscaping, signs and street structure, and require approval
of these elements as a prerequisite for a certificate of occupancy
or zoning permit.
(d)
Condition the granting of a certificate of occupancy or zoning
permit subject to the applicant or developer or subsequent heirs or
assignees meeting certain requirements within a designated period
of time, not to exceed one year, from the date of issuance of the
certificate of occupancy or zoning permit. This may include, but is
not limited to, the installation of landscaping, erection of signs,
installation of minor improvements, meeting performance standards
and similar items. A performance guaranty assuring the meeting of
conditions shall be posted by the applicant at the Board's request.
(2)
Conditions binding.
(a)
All conditions of any preliminary and final approval shall be
binding upon all present and future owners, tenants, occupants, lessors,
lessees, heirs, assignees, developers, contractors and subcontractors;
and
(b)
The same shall be set forth in a developer's agreement in recordable
form and approved by the Borough Council.
(3)
Failure to maintain.
(a)
All persons receiving development approval for property or their
successors in title shall be responsible for installing, maintaining
and properly utilizing on-site, off-site and off-tract improvements
required by the Board, including but not limited to parking arrangements,
buffer zones, landscaping, drainage facilities, exterior lighting
plans and other requirements of the Board as reflected on the plans
and in the Board minutes.
(b)
Failure of the property owner to install, maintain and/or utilize
improvements as provided by the site plan approval shall constitute
a violation of this chapter and shall be subject to the enforcement
procedures set forth herein.
H.
Notification to tax assessor of municipality. Upon the filing of
a plat showing the subdivision or resubdivision of land, the county
recording officer shall send a copy of such notification to the Borough
Tax Assessor at the same time that notification is given to the Borough
Board pursuant to N.J.S.A. 40:55D-54.
I.
Signatures required. If the Board favorably acts on a final plat or plan, the Chairperson and the Secretary of the Board shall affix their signatures subject to § 195-22H to the plat or plan with a notation that it has received final approval and shall return same to the applicant for compliance with final approval requirements and payment of all fees.
J.
Filing with the County Planning Board. Any plats and forms required
to be filed with the Morris County Planning Board shall be prepared
by the applicant and filed by the Secretary of the Borough Board.
The Secretary shall collect from the applicant any fees required by
the County Planning Board.
K.
Filing with county recording officer.
(1)
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period the plat
shall have been duly filed by the applicant with the county recording
officer. The Board may for good cause shown extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat. The Board may extend the ninety-five-day
or one-hundred-ninety-day period if the applicant proves to the reasonable
satisfaction of the Board that the applicant was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities and that the applicant applied promptly for and diligently
pursued required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the required approvals,
as determined by the Board. The developer may apply for an extension
either before or after the original expiration date.
(2)
No subdivision plat shall be accepted for filing by the county
recording officer until it has been approved by the Board as indicated
on the instrument by the signature of the Chairperson and Secretary
of the Board. The signatures of the Chairperson and Secretary of the
Board shall not be affixed until the developer has posted the guaranties
required by this chapter. If the county records any plat without such
approval, such recording shall be deemed null and void, and upon request
of the municipality, the plat shall be expunged from the official
records.
(3)
If shall be the duty of the county recording officer to notify
the Board, in writing, within seven days of the filing of any plat,
identifying such instrument by its title, date of filing and official
number.
L.
M.
Site plan and subdivision approval by Board of Adjustment. Applications
for site plan and/or subdivision approval heard by the Board of Adjustment
in connection with a variance request pursuant to N.J.S.A. 40:55D-76
shall be governed by the relevant provisions of this section. In the
case of such applications, all references in this section to the "Planning
Board" shall be deemed to refer instead to the "Board of Adjustment."
A.
An applicant may file for amended site plan in connection with a
prior approved site plan.
B.
The applicant shall submit the required fee, eight copies each of
the application, the amended site plan and the adopted resolution
of approval in connection with the prior approved site plan to the
Secretary of the Board for review by the TCC at least 10 days prior
to the regular meeting of the TCC.
C.
Upon determination by the TCC that the application is complete, the
applicant shall submit 15 additional copies of all plans, and the
Board Secretary will place the item on the agenda.
A.
Application.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1)
An applicant may apply for variances concurrently with a subdivision
or site plan application or file for a variance with the Board of
Adjustment where no subdivision or site plan application is required.
(2)
The applicant shall submit the required fee and requisite copies
each of the application and required submission materials to the Board
Secretary for review by the administrative official for completeness.
(3)
Upon determination by the administrative official that the application
is complete, the applicant shall submit additional copies of all plans
as directed by the administrative official, and the Board Secretary
will place the item on the agenda.
C.
Notice of public hearing. At the time when the application is deemed
complete, the Board Secretary shall set a date for the public hearing
and notify the applicant of said date. After such notification, the
applicant shall follow the procedures established with respect to
notice of hearing.
D.
Action.
(1)
The Board shall approve, conditionally approve or deny a variance
within 120 days of the certification that the application is complete
unless the applicant shall extend the period of time within which
the Board may act.
(2)
Failure of the Board to act within the period prescribed shall
constitute approval of the application, and a certificate of the administrative
officer as to the failure of the Board to act shall be issued on request
of the applicant. The certificate shall be sufficient in lieu of the
written endorsement or other evidence of approval, herein required,
and shall be accepted by the county recording officer for purposes
of filing subdivision plats or deeds.
A.
All conditional uses shall be subject to site plan approval in accordance with §§ 195-22 and 195-22.1. The Planning Board shall grant or deny the application for a conditional use within 95 days of submission of a complete application or within such further time as may be consented to by the applicant.
B.
The Planning Board shall have the power to approve or deny conditional
uses simultaneously with subdivision and site plan applications without
the applicant being required to make further application to the Planning
Board or the Planning Board being required to hold further hearings.
The longest time period for action by the Planning Board, whether
it be for subdivision, conditional use or site plan approval, shall
apply. Whenever approval of a conditional use is requested by the
applicant, notice of the hearing on the plat shall include reference
to the request for conditional use.
[Amended 3-26-2018 by Ord. No. 13-2018]
No application for development shall be deemed complete unless
the items, information and documentation listed for each application
checklist are submitted to the administrative official for the approving
Board. A complete application form must all be submitted with all
required signatures. If any of the required items is not submitted,
the applicant must request a waiver and state the reasons for such
request in writing. Such written requests for waivers are required
for an application to be deemed administratively complete.
