A.
Pursuant to the provision of N.J.S.A. 40:55D-37, approval of subdivision plats by resolution of the Planning Board shall be required as a condition for the filing of such plats with the County Recording Officer. Approval of site plans by resolution of the Planning Board shall be required as a condition for the issuance of a building permit and certificate of occupancy for any development, except that subdivision or individual lot application for detached one- or two-dwelling-unit buildings shall be exempt from such site plan review and approval; provided that the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to § 144-29B of this chapter.
B.
Each application for subdivision approval, where required pursuant
to Section 5 of P.L. 1968, c. 285,[1] and each application for site plan approval, where required
pursuant to Section 8 of P.L. 1968, c. 285,[2] shall be submitted by the applicant to the County Planning
Board for review and approval. The municipal approving authority 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.
A.
No person shall carry out any development within the Pinelands Area
without obtaining approval from an approval agency and without obtaining
development approval in accordance with the procedures set forth in
this chapter.
B.
Exceptions to applicability.
(1)
Except as provided in Subsection B(2) below, the following shall not be subject to the procedures set forth in this section:
(a)
The improvement, expansion, or reconstruction within five years
of destruction or demolition, of any single-family dwelling unit or
appurtenance thereto;
(b)
The improvement, expansion, construction, or reconstruction
of any structure accessory to a single-family dwelling;
(c)
The improvement, expansion, construction, or reconstruction
of any structure used exclusively for agricultural or horticultural
purposes;
(d)
The construction, repair, or removal of any sign, except for
the construction or replacement of any off-site commercial advertising
sign;
(e)
The repair of existing utility distribution lines;
(f)
The clearing of less than 1,500 square feet of land;
(g)
The construction of any addition or accessory structure for
any nonresidential use or any multifamily residential structure, provided
that:
[Amended 10-24-2017 by Ord. No. 9-2017]
[1]
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
[2]
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
(h)
The demolition of any structure that is less than 50 years old;
(i)
The installation of utility distribution lines, except for sewage
lines, to serve areas which are effectively developed or development
which has received all necessary approvals and permits;
(j)
The repair or replacement of any existing on-site wastewater
disposal system;
(k)
The repaving of existing paved roads and other paved surfaces,
provided that no increase in the paved width or area of said roads
and surfaces will occur.
[Amended 10-24-2017 by Ord. No. 9-2017]
(l)
The clearing of land solely for agricultural or horticultural
purposes.
[Amended 10-24-2017 by Ord. No. 9-2017]
(m)
Fences, provided no more than 1,500 square feet of land is to
be cleared;
(n)
Aboveground telephone equipment cabinets;
(o)
Tree pruning;
(p)
The following forestry activities:
[1]
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
[2]
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
[3]
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
[4]
Forest stand improvement designed to selectively thin trees
and brush, provided that no clearing or area on the parcel in which
the activity occurs does not exceed five acres in any one year.
(q)
Prescribed burning and clearing and maintaining of fire breaks;
or
(r)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 144-94C.
(s)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 10-24-2017 by Ord.
No. 9-2017]
(t)
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
that such antenna is not inconsistent with any comprehensive plan
for local communications facilities approved by the Pinelands Commission
pursuant to N.J.A.C. 7:50-5.4(c)6.
[Added 10-24-2017 by Ord.
No. 9-2017]
(u)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 10-24-2017 by Ord.
No. 9-2017]
(v)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 10-24-2017 by Ord.
No. 9-2017]
(2)
The exceptions contained in Subsection B(1) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
(3)
Nothing herein shall preclude any local or state agency from reviewing,
in accordance with the provisions of any applicable ordinance or regulation,
any proposed development which does not require an application to
the Pinelands Commission pursuant to this section.
C.
Notices to the Pinelands Commission.
[Amended 10-24-2017 by Ord. No. 9-2017; 2-12-2019 by Ord. No. 1-2019]
(1)
Application submission and modifications. Written notification shall
be given by the Township, by email or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Township that an application for development in the Pinelands Area
is complete, or if a determination is made by the approval agency,
that the application has been modified. Said notice shall contain:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop;
(c)
A brief description of the proposed development, including uses
and intensity of uses proposed;
(d)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(e)
The date on which the application, or any change thereto, was
filed and any application number or other identifying number assigned
to the application by the approval agency;
(f)
The approval agency with which the application or change thereto
was filed;
(g)
The content of any change made to the application since it was
filed with the Commission, including a copy of any revised plans or
reports; and
(h)
The nature of the municipal approval or approvals being sought.
(2)
Meetings and hearings. Where a meeting, hearing or other formal proceeding
on an application for development approval in the Pinelands Area is
required, the applicant shall provide notice to the Pinelands Commission
by email, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(a)
The name and address of the applicant;
(b)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(c)
The date, time and location of the meeting, hearing or other
formal proceeding;
(d)
The name of the approval agency or representative thereof that
will be conducting the meeting, hearing or other formal proceeding;
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission; and
(f)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
(3)
Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or inaction of any approval
agency or an appeal of any agency's decision. The applicant shall,
within five days of the approval or denial, give notice by email or
regular mail to the Pinelands Commission. Such notice shall contain
the following information:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop;
(c)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(d)
The date on which the approval or denial was issued by the approval
agency;
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission;
(f)
Any revisions to the application not previously submitted to
the Commission; and
(g)
A copy of the resolution, permit, or other documentation of
the approval or denial. If the application was approved, a copy of
any preliminary or final plan, plot or similar document that was approved
shall also be submitted.
D.
Where a prior approval has been granted by the Township, no subsequent
approval of an application for development approval shall be obtained
until one of the following is satisfied:
(1)
Notification is received from the Pinelands Commission that review
of the Township's approval is not required; or
(2)
Review of the Township's approval has been completed pursuant to
N.J.A.C. 7:50-4.37 through 4.42 and a final order regarding the approval
is received by the Township from the Pinelands Commission.
E.
Upon receipt by the Pinelands Commission of the notice of approval pursuant to Subsection C(3), above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.27 through 4.33. The approval by the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval is consistent with the Commission's review of the application for development. No development shall be carried out until such review has been completed.
(1)
Until January 14, 1991, approvals issued by the Pinelands Development
Review Board or the Pinelands Commission under the interim rules and
regulations shall serve as the basis for Pinelands Commission review
of the local approval under this section. Although the Pinelands Commission
shall be notified of all denials, no such denial actions are subject
to further review and action by the Pinelands Commission.
(2)
If the Pinelands Commission disapproves an application for development
previously approved by an approval agency, such approval shall be
revoked within 30 days of the Commission's action by the approval
agency and the agency shall thereafter deny approval of the application.
If the Commission approves the decision of an approval agency subject
to conditions, the approval agency which had previously approved the
application shall, within 30 days, modify its approval to include
all conditions imposed by the Commission; and if final approval of
the application is required, shall grant final approval only if the
application for approval demonstrates that the conditions specified
by the Commission have been met by the applicant.
F.
Participation of Pinelands Commission in Public Hearings. The Pinelands
Commission may participate in a hearing held in the Township involving
the development of land in the Pinelands Area pursuant to N.J.A.C.
7:50-4.36.
G.
Public development. All development proposed by the Township or any
other agency thereof will comply with all the requirements for public
development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards
set forth in this chapter.
H.
Environmental commission review. All applications for major development,
forestry, and resource extraction shall be referred to the Environmental
Commission for review and comment.
A.
The applicant shall submit an original and 13 copies of the complete
application for subdivision, site plan, or conditional use approval
to the secretary of the Planning Board. The time for the Board's review
shall not begin to run until the submission of a complete application
with the required fee. Unless the applicant is informed in writing
by the secretary of the Planning Board within 45 days of the actual
submission of the application that it is incomplete, said application
shall be deemed complete as of the date it was submitted.
B.
The applicant shall submit an original and 11 copies of the complete
application for appeals, interpretations of the Zoning Map or ordinances,
or hardship variance applications, or use variance applications to
the secretary of the Zoning Board of Adjustment. The time for the
Board's review shall not begin to run until the submission of a complete
application with the required fee.
A.
Before approving a subdivision or site plan, the approving authority
shall require that streets, public drainage ways, flood control basins
and public areas, designated for reservation on the Master Plan or
Official Map, must be shown on the plat in locations and sizes suitable
to their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of up to one year after the approval of the final plat
or within such further time as may be agreed to by the applicant.
Unless during such period or extension thereof the Township shall
have entered into a contract to purchase or institute condemnation
proceeding according to law for the fee or a lesser interest in the
land comprising such street, ways, basins, or areas, the applicant
shall not be bound by such reservations shown on the plat and may
proceed to use such land or private use in accordance with applicable
development regulations. The provisions of this section shall not
apply to streets and roads, flood control basins or public drainage
ways necessitated by the subdivision or land development and required
for final approval.
B.
The applicant shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation; provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The applicant shall be compensated for the
reasonable increased cost of legal, engineering, or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by reservation.
C.
Upon the submission to the approving authority of an application
for development showing development proposed for an area reserved
on the Official Map or Master Plan, the secretary of the approving
authority shall notify the Township Committee in writing of such application,
and that the approving authority intends to grant approval for said
development in the reserved area unless the Township Committee notifies
the approving authority prior to the date for final approval that
it intends to reserve the area in question and will provide compensation
to the applicant for such reservation. Said notice of intent to reserve
shall be in the form of a resolution by the Township Committee. The
Township Committee shall thereupon proceed either to reach an agreement
with the applicant as to the amount of compensation to be paid for
such reservation, or negotiate a purchase price for said reserved
area. Upon the Township Committee arriving at the amount to be paid
to the applicant by way of compensation for reservation or purchase,
said amount shall be deposited in escrow for the benefit of the applicant.
A.
This chapter is intended to insure the pro rata share allocation
of the cost for off-tract improvements benefiting more than one development
or property.
B.
Except as provided in Subsection E below, the developer of every proposed development shall be required, as a condition of the grant of any approval by the Planning or Zoning Board to provide all off-tract public improvements which are necessary to serve or which benefit the subject property, even though such improvements may also benefit other properties. The developer shall be responsible for all payments concerning the same. However, said developer will be entitled to reimbursement as set forth in this chapter. Except as noted in Subsection C below, all such improvements shall be required, designed, sized and installed in accordance with the Master Plan, the Capital Improvements program, the Official Map, if any, and this chapter and such other plans, programs, maps and ordinances adopted by the Township or other governmental agencies having jurisdiction to guide growth and development at the time the first application in connection with such development is filed. In the absence of any such plan, program, map, or ordinance, the public improvement shall be required, designed, sized and installed in accordance with the Township Engineer's determination based on good engineering practice and all available information concerning present and future needs. The cost of providing and installing such improvements shall be paid in accordance with the provisions of Subsection D below.
C.
The Planning or Zoning Board may, as a condition of any approval required to be given pursuant to this chapter, require the installation of a public improvement of greater size or capacity than required by Subsection B above when it deems such greater size or capacity to be necessary in the light of factors not known or considered at the time the aforesaid plan, program, map or ordinance was adopted or placed under consideration. The cost due to installing such greater size or capacity shall be apportioned and paid in the same manner as other costs pursuant to Subsection D below.
D.
Subject to the right of the Township Committee to determine the financing for any improvement shall be as set forth in Subsection E below all public improvements required to be installed pursuant to this section shall be installed at the sole cost and expense of the developer. The approval obtained by the developer shall, however, provided that the developer shall be entitled to reimbursement from other property owners benefiting from said development as set forth in Subsection J herein.[1]
[1]
Editor's Note: So in original.
E.
Whenever any approval required pursuant to this article is conditioned
upon the developers providing and installing any improvement required
by this section, the Township Committee may determine, in its sole
discretion, whether said improvement should be paid for as a local
improvement, the cost of which is to be assessed by the municipality,
in the manner provided by law against all properties that will be
benefited thereby. The developer may seek a determination in this
respect from the Township Committee prior to filing any application
with the Planning or Zoning Board which would require the construction
of such improvements.
F.
Whenever a public improvement or any portion thereof required to be installed pursuant to this section is installed at the sole cost and expense of a developer or any cost and expense to such developer greater then his pro rata share of the cost of such improvement, the developer shall be entitled to reimbursement from other property owners benefiting from said improvement, up to the maximum amounts specified in Subsection J below of his costs and expenses if other properties are determined to be specifically benefited by such improvement.
G.
In any such case, the approval of the application for the subject
property shall include a determination by the Planning or Zoning Board
of all properties benefited by the improvement and of the value of
the special benefit to each such property. The results of said determination
and notice of the obligations on each benefited property pursuant
thereto shall be recorded by the Planning or Zoning Board Administrator
in the records of the Atlantic County Clerk's Office with respect
to each such benefited property and shall be forwarded to the owner
of record contained in Township files of each benefited property.
H.
Thereafter, no approval or permit required by this chapter or any
other ordinance of the Township with respect to any subsequent development
resulting in the use of, connection to or enjoyment of any benefit
from such improvement by any such specially benefited properties shall
be granted or issued unless and until the subsequent developer of
such specially benefited property shall have paid the original developer
or his assigns said pro rata cost and expense of such improvement
and has delivered proof of such payment to the Secretary of the appropriate
Board who shall verify the same, to the best of his or her ability
with said original developer or developers.
I.
The developer constructing the improvements shall be required to
post the appropriate performance and maintenance guarantees as required
by the appropriate Board and Township Engineer pursuant to the Municipal
Land Use Ordinance of the Township of Mullica. The developer must
also submit valid proof of the cost of said improvement to the Township
Engineer upon completion of same. The actual cost shall be used to
determine the pro rata share that is due from each property owner
benefited by such improvements.
J.
The Planning or Zoning Board may, as a condition of any approval, require the applicant to install a public improvement of greater size or capacity than required to service the applicant's project. Such approvals shall provide that the applicant is entitled to reimbursement from other properties owners benefited from said improvement to a maximum amount equal to the difference between the amount of such cost and expense by the developer and the developers pro rata share as determined pursuant to Subsection M(1) of the cost of such improvement. In such a case, the appropriate Board shall determine all properties specially benefited by the improvement and the value of the special benefit to each such property in accordance with the provisions of this chapter. The amount so determined for each property shall be filed in the Atlantic County Clerk's Office and no permit or approvals shall thereafter be issued to such properties until the pro rata share concerning said property for the development has been paid in full to the developer.
K.
All developers proceeding pursuant to this chapter must construct
all improvements in conformity with all applicable ordinances, statutes,
rules, regulations and specifications. Plans for all such improvements
must be forwarded to the Township Engineer and approved by said Township
Engineer prior to the construction of any such off-tract improvement.
No Township permit of any nature shall issue to the developer until
such time as the off-tract improvement agreement, including the details
and specifications of how the improvement will be constructed, has
been executed by the developer and the Township and such specifications
and requirements have been consented to by the Township Engineer.
L.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed to the extent of such inconsistencies.
M.
Standards for determining the pro-rata share of off-tract improvements
are included herein:
(1)
Any applicant whose application will require the providing of municipal
services by way of storm sewers, municipal water, sewer lines, street
improvements, or other improvements off the tract to be developed
shall be required to pay his/her fair share of the cost of said off-tract
improvements. The applicant shall pay the full cost of all off-tract
improvements required by the approving authority, if the off-tract
improvements are wholly necessitated by his/her proposed development
and said improvements do not benefit any land other than the land
within the subdivision site plan or conditional use plan. Where it
is determined that there is benefit to other lands not within the
subdivision or site plan, the applicant's fair share shall be computed
by determining the total frontage on a street that is affected by
the off-tract improvements including that portion of the street fronting
the premises to be developed and thence determining the amount of
interior roadways and frontage thereon within the tract to be developed.
The applicant shall pay a share computed by dividing the total amount
of frontage including both the frontage on the off-tract street, the
frontage on said street fronting the affected premises and all frontage
on interior streets as shown on the plan as submitted into the total
amount of the frontage fronting the affected premises plus all the
frontage on interior streets. The result of this computation shall
provide the fraction, which shall be superimposed against the total
cost of off-tract improvements to determine an applicant's fair share
thereof.
(2)
The applicant shall have the right to apply to the Planning Board of the Township for a variance as to the strict application of the formula set forth in Subsection M(1) above where the applicant can establish that said formula does not set forth an equitable basis for computing his/her fair share of the cost of the off-tract improvements and shall further set forth in the resolution granting relief the alternative basis upon which said computation of the applicant's fair share should be computed. Should the Planning Board determine that the formula established in Subsection M(1) is not equitable in the premises, it shall have the right to determine such other suitable formula as it deems appropriate but shall consider the following factors:
(a)
The total estimated cost of off-tract improvements.
(b)
The increase in market values of the properties affected and
any other benefits conferred.
(c)
The needs created by the application.
(d)
Population and land use projections for the land within the
general area of the subdivision or site plan and other areas to be
served by the off-tract improvements.
(e)
The estimated time for construction of the off-tract improvements.
(f)
The condition and periods of usefulness of the improvements,
which may be based upon the criteria of N.J.S.A. 40A:2-22.
(g)
With respect to street, curb, gutter, sidewalk, streetlight,
street sign and traffic light improvements, the approving authority
may consider:
(h)
With respect to drainage facilities, the approving authority
may consider:
[1]
The relationship between the areas of the subdivision, site
or conditional use plan and the area of the total drainage basin of
which the subdivision, site or conditional use plan is part.
[2]
The proposed use of land within the subdivision, site or conditional
use plan and the amount of land area to be covered by the impervious
surfaces on the land within the subdivision or site plan.
[3]
The use, condition or status of the remaining land area in the
drainage basin.
(i)
With respect to water, gas and electric supply and distribution
facilities, the approving authority may consider the use requirements
of the use proposed for the subdivision site or conditional use plan
and the use requirements of all other properties to be benefited by
the improvements.
(j)
With respect to sewerage facilities, the approving authority
may consider:
[1]
The anticipated volume of effluent from the use proposed for
the subdivision, site or conditional use plan and the anticipated
volume of effluent from all other properties to be benefited by the
improvement.
[2]
The types of effluent anticipated and particular problems requiring
special equipment or added costs.
(k)
Should the Planning Board determine that the relief requested is appropriate and makes said findings of fact, the Planning Board shall make a recommendation to the Township Committee of its findings of fact and its proposed variation from the formula set forth in Subsection M(1) with its recommendations as to the percentage of off-tract improvements to be allocated to the applicant.
(3)
The Township Committee shall have the right, upon such a recommendation being made by the Planning Board, to either accept the recommendation or allocate the share of off-tract improvements to the applicant as computed in Subsection M(1).
(4)
The Planning Board shall have the right, if it determines that the
installation of all or part of the necessary off-tract improvements
related to the applicant should be postponed, to accept in lieu of
the actual installation of said improvements, providing the applicant
consents thereto, a cash deposit in the amount equal to the applicant's
fair share of the cost of said off-tract improvements as hereinabove
computed as a percentage of the engineer's estimate of costs, which
money shall be deposited with the Chief Financial Officer of the Township
in an escrow account pending the determination by the Township Committee
of when the deferred improvements shall be installed and the installation
of said off-tract improvements so deferred shall be installed by the
Township, with the Township having the right to draw against said
escrow for the applicant's fair share. Said deposit shall be used
only for the construction of the improvements for which said funds
are deposited and all engineering, legal and publication costs relating
thereto. If said improvements are not constructed within five years
from the date of deposit, the amount deposited, with any interest
thereon, shall be returned to the applicant or his/her successor in
interest.
(5)
In the absence of an express provision in a deed or deeds of conveyance, it shall be presumed that the fee owners of all lots in the subdivision or site plan at the date any deposit or portion thereof is returned or additional charge is made pursuant to Subsection M(4), are the lawful successor in interest to the applicant and each such fee owner shall be charged with or entitled to receive a pro rata share, based on lot area, of any funds to be returned or additional charge to be made pursuant to this section. Upon payment of any such sums to the said fee owners, the Township shall be released of liability to any other person.
Prior to approval of planned developments, the approving authority
shall find the following facts and conclusions:
A.
That departure by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards as contained in this chapter.
B.
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate.
C.
That provisions through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreational 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, which 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.
A.
The Township may, at any time and from time to time, accept the dedication
of land for public use and maintenance, or any interest therein, required
to be set aside, designated and reserved for the use and enjoyment
of owners and occupants of land adjoining or neighboring such land
as a condition of approval of planned unit development, planned unit
residential development or residential cluster, but such dedication
shall not be required by the approving authority.
B.
The applicant shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of a development, if said open space is not dedicated to the Township.
Such organization shall not be dissolved and shall not dispose of
any open space, by sale or otherwise, except to an organization conceived
and established to own and maintain the open space for the benefit
of such development, and thereafter such organization shall not be
dissolved or dispose of any of its open space without first offering
to dedicate the same to the Township.
C.
In the event that such organization shall fail to maintain the open
space in reasonable order and condition, the Planning Board may serve
written notice upon such organization or upon the owners of the development
setting forth the manner in which the organization has failed to maintain
the open space in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be cured within 35
days thereof, and shall state the date and place of a hearing thereon
which shall be held within 15 days of the notice. At such hearing,
the Planning Board may modify the terms of the original notice as
to deficiencies and may give a reasonable extension of time not to
exceed 65 days within which they may be cured. If the deficiencies
set forth in the original notice or in the modification thereof shall
not be cured within said 35 days or any permitted extension thereof,
the Township, in order to preserve the open space and maintain the
same for a period of one year, may enter upon and maintain such land.
Said entry and maintenance shall not vest in the public any rights
to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of said year, the
Planning Board shall, upon its initiative or upon the request of the
organization theretofore responsible for the maintenance of the open
space, call a public hearing upon 15 days' written notice to such
organization and the owners of the development, to be held by the
Planning Board at which hearing such organization and the owners of
the development shall show cause why such maintenance by the Township
shall not, at the election of the Township, continue for a succeeding
year. If the Planning Board shall determine that such organization
is ready and able to maintain said open space in reasonable condition,
the Township shall cease to maintain said open space at the end of
said year. If the Planning Board shall determine such organization
is not ready and able to maintain said open space in a reasonable
condition, the Township may, at its discretion, continue to maintain
said open space during the next succeeding year, subject to a similar
hearing and determination, in each year thereafter. The decision of
the Planning Board in any case shall constitute a final administrative
decision subject to judicial review.
D.
The cost of such maintenance by the Township shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien, and shall become a lien and tax
on said properties and be added to and be a part of the tax to be
levied and assessed thereon, and enforced and collected with interest
by the same officers and in the same manner as other taxes.
A.
Site plan submission.
(1)
Upon the submission to the secretary of the Planning Board of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant, except that if the application for site plan approval also involves an application for relief pursuant to § 144-17A through C of this chapter, the Planning Board shall grant or deny preliminary approval within 90 days of the date of the submission of a complete application to the secretary of the Planning Board, or within such further time as may be consented to by the applicant.
(2)
Upon the submission to the secretary of the Planning Board of a complete
application for a site plan for more than 10 acres.
B.
Subdivision submission.
(1)
Upon the submission to the secretary of the Planning Board of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in § 144-63 of this chapter, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant, except that if the application for subdivision approval also involves an application for relief pursuant to § 144-17 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the secretary of the Planning Board, or within such further time as may be consented to by the applicant.
(2)
Upon submission of a complete application for a subdivision of more
than 10 lots, the Planning Board shall grant or deny preliminary approval
within 95 days of the date of such submission or within such further
time as may be consented to by the applicant.
C.
Failure of the Planning Board to reach a decision within the specified
time periods of extensions thereof shall result in the approval of
the subdivision and/or site plan and/or conditional use as submitted.
D.
The Planning Board may waive site plan approval requirements if the
construction or alteration or change of occupancy or use does not
affect existing circulation, drainage, relationships of buildings
to each other, landscaping, buffering, lighting and other considerations
of site plan review.
E.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the applicant that have been the subject
of a hearing, an amended application for development shall be submitted
and proceeded upon, as in the case of the original application for
development. The Planning Board shall, if the proposed development
complies with this chapter, grant preliminary subdivision or site
plan approval.
F.
Nothing herein shall be construed to limit the right of a applicant
to submit a sketch plat to the Planning Board for informal review,
and neither the Planning Board nor the applicant shall be bound by
any discussions or statements made during such review; provided that
the right of the applicant at any time to submit a complete application
for subdivision or site plan approval shall not be limited by his/her
submission of a sketch plat and the time for the Planning Board's
decision shall not begin to run until the submission of a complete
application.
A.
A public hearing shall be held on all applications for preliminary major site plan, preliminary major subdivision and conditional use approvals. Notice to the Pinelands Commission pursuant to § 144-51 is required.
B.
The reviewing board shall grant preliminary approval if the detailed
drawings, specifications and estimates of the application for preliminary
approval conform to the standards established by this chapter for
preliminary approval.
C.
A complete application for preliminary approval shall be granted
or denied within 95 days after submission of a complete application
to the secretary of the approving authority, or within such further
time as may be consented to by the applicant. Failure of the approving
authority to act within the period prescribed shall constitute preliminary
approval of the application for preliminary approval as submitted
and a certificate of the secretary of the approving authority as to
failure of the approving authority to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other required evidence of approval.
A.
Preliminary approval for a major subdivision or site plan, except as provided in Subsection D of this section, shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval.
B.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs, and
sidewalks; lot size; yard dimensions and off-tract improvements; and,
in the case of a site plan, existing natural resources to be preserved
on the site; vehicular and pedestrian circulation, parking and loading;
screening, landscaping and location of structures, exterior lighting
both for safety reasons and streetlighting; except that nothing herein
shall be construed to prevent the Township from modifying by ordinance
such general terms and conditions of preliminary approval as relates
to public health and safety.
C.
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.
D.
That the applicant may apply to, and the reviewing 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.
E.
In the case of a subdivision or site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsections A, B and C above for such period of time, no longer than three years, as shall be determined by the reviewing board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable taking into consideration the 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.
A.
The reviewing board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by this chapter for final approval,
the conditions of preliminary approval, and, in the case of a major
subdivision, the standards prescribed by the Map Filing Law, P.L.
1960, c. 141,[1] provided that in the case of a planned development, the
reviewing body may permit minimal deviations from the conditions of
preliminary approval necessitated by change of condition beyond the
control of the applicant since the date of preliminary approval without
the applicant being required to submit another application for development
for preliminary approval.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
A complete application for final approval shall be granted or denied
within 45 days after submission of a complete application to the secretary
of the approving authority, or within such further time as may be
consented to by the applicant. Failure of the approving authority,
or within such further time as may be consented to by the applicant,
failure of the approving authority to act within the period prescribed
shall constitute final approval of the application for final approval
as submitted and a certificate of the secretary of the approving authority
as to failure of the approving authority to act shall be issued on
request of the applicant, and it shall be sufficient in lieu of the
written endorsement or other required evidence of approval.
C.
A complete application for final approval shall consist of the following
where applicable:
(1)
A properly completed final subdivision or site plan approval form.
(4)
A subdivision or site plan in final form, including all the information
shown on the preliminary plan, satisfying all of the conditions of
preliminary approval, plus the following:
(a)
Subdivision or site plan drawn in ink on tracing cloth or Mylar
at a scale of one inch equals 50 feet with all necessary professional
seals and signatures.
(b)
Subdivision or site plan with necessary title blocks for appropriate
signatures as indicated herein:
|
Approved by the Planning Board
| ||
|
(Date)
|
(Chairman)
| |
|
(Date)
|
(Board Secretary)
| |
|
I have reviewed this site plan and certify that it meets all
codes and ordinances under my jurisdiction.
| ||
|
(Date)
|
(Board Engineer)
| |
|
To be signed before issuance of a building permit:
| ||
|
I hereby certify that all the required improvements of this
site plan have been installed or a bond posted in compliance with
all applicable codes and ordinances.
| ||
|
(Date)
|
(Municipal Engineer)
| |
|
(Date)
|
(Construction Official)
| |
|
(Date)
|
(Tax Collector)
| |
(5)
A subdivision plat conforming with the Map Filing Act, P.L. 1940.
c. 141,[2] and to items set forth herein:
(a)
The final shall be drawn in ink on tracing cloth or plastic
at a scale of not less than one inch equals 50 feet.
(b)
Date, name and location of the plan name of owner; graphic scale;
and reference meridian.
(c)
Tract boundary lines; right-of-way lines of streets; street
names, easements, including underground utility easements and other
rights-of-way; and to be reserved or dedicated to public use; and
all lot lines and other site lines with accurate dimensions, bearings
of deflection angles and radii, arcs and central angles of all curves.
Underground utility easements are required to follow existing and
proposed property lines and to be described in the deeds to the affected
lots in the subdivision or plan.
(d)
The purpose of any easement of land reserved or dedicated for
public use shall be designated, and the proposed use of sites other
than residential shall be noted for each lot.
(e)
Block and lot numbers as approved by the Tax Assessor.
(f)
Minimum building setback line on all lot and other sites.
(g)
Location and description of all monuments.
(h)
Name of owners of adjoining unsubdivided land and block and
lot numbers.
(i)
Certification by engineer or surveyor as to accuracy of details
of plat, name, address and license number of engineer or surveyor.
(j)
Certification that the applicant is agent of or owner of the
land or that the owner has given consent under an option agreement
or is a contract purchaser.
(k)
Plans, profiles, cross-sections and details of all grading,
paving, curbs, sidewalks, storm and sanitary sewers and appurtenances,
water mains, gas mains, street signs, bridges, major tree growth and
shade trees approved by the Planning Board Engineer shall accompany
the final plat.
(l)
Contours at one-foot intervals.
(m)
Certificate from the Township Tax Collector that all taxes are
paid to date.
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(6)
Conditional use plan shall be presented in final form under conditions
of the subdivision or site plan submission standards depending upon
the nature of the plan submitted.
A.
The approving authority, when acting upon applications for preliminary
or minor subdivision approval, shall have the power to grant such
exceptions from the requirements for subdivision approval as may be
reasonable and within the general purpose and intent of the provisions
for subdivision review and approval of this chapter, if the literal
enforcement of one or more provisions of this chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question and the applicant has also obtained a waiver
of strict compliance from the Pinelands Commission pursuant to N.J.A.C.
B.
The approving authority, when acting upon application for preliminary
site plan approval, shall have the power to grant such exceptions
from the requirements for site plan approval as may be reasonable
and within the general purpose and intent of this chapter if the literal
enforcement of one or more provisions of this chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
C.
The approving authority shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the applicant being required to make
further application to the approving authority, or the approving authority
being required to hold further hearings. The longest time period for
action by the approving authority, whether it is for subdivision,
conditional use, or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the applicant pursuant to this
subsection, notice of the hearing on the plat shall include reference
to the request for such conditional use.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant pursuant to § 144-59 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; 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 time period provided in § 144-64, Filing of subdivision plats, of this chapter. If the applicant has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in § 144-64, Filing of subdivision plats, of this chapter, the approving authority 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 § 144-59 of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 144-59 of this chapter for the section granted final approval.
B.
In the case of subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more of conventional subdivisions or site plan for 150 acres or more, the approving authority may grant the rights referred to in Subsection A of this section, for such period of time, not longer than two years, as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the reviewing board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
A.
The Planning Board shall waive notice and public hearing for an application for development if the Site Plan Committee of the Planning Board appointed by the Chairman finds that the application for development conforms to the definition of "minor site plan" in § 144-7 of this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board; provided that the Board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to Article XI, Design, Evaluation and Performance Standards, of this chapter. Any application for minor subdivision or site plan approval shall contain the information required for minor development under § 144-70 below. Applicants for approval of a minor subdivision shall comply with notice and public hearing requirements which requirements shall not be waived.
B.
Minor subdivision approval shall be granted or denied within 45 days
of the date of submission of a complete application to the secretary
of the Planning Board, or within such further time as may be consented
to by the applicant. Failure of the Planning Board to act within the
period prescribed shall constitute minor subdivision approval and
a certificate of the secretary of the Planning Board as to the failure
of the Planning Board to act shall be issued on request of the applicant;
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the county recording officer for purposes of filing subdivision plats.
C.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval unless within such period a plat in conformity
with such approval and the provision of the Map Filing Law, P.L. 1960,
c. 141,[1] or a deed clearly describing the approved minor subdivision
is filed by the applicant with the county recording officer, the municipal
engineer and the municipal tax assessor. Any such plat or deed accepted
for such filing shall have been signed by the chairman and secretary
of the Planning Board. In reviewing the application for development
for a proposed minor subdivision, the Planning Board may accept a
plat not in conformity with the Map Filing Act; provided that if the
applicant chooses to file the minor subdivision as provided herein
by plat rather than deed, such plat shall conform with the provisions
of said act.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
D.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded as provided herein.
E.
No approval granted by this section shall take effect and no development may be carried out until the provisions of § 144-50A has been satisfied.
F.
No portion
of any lot or merged lot or parcel of land which is the subject of
a minor subdivision may be the subject of any application for a successive
minor subdivision for the same lot, merged lot, or parcel within five
years of the resolution grating a minor subdivision on any portion
of such lot, merged lot, or parcel. If any further subdivision occurs
within the five years of the resolution for the same lot, merged lot,
or parcel, such application with be defined as a major subdivision.
[Added 3-27-2008 by Ord. No. 4-2007]
A.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period that plat shall
have been duly filed by the applicant with the county recording officer.
The approving authority may for good cause shown extend the period
of recording for an additional period not to exceed 190 days from
the date of signing of the plat.
B.
Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the chairman and secretary of the approving authority, or a copy of the certificate of the secretary of the approving authority indicating that the approving authority failed to reach a decision on the subdivision application within the prescribed time. The signatures of the chairman and secretary of the approving authority shall not be affixed until the applicant has posted the guarantees required pursuant to § 144-76 of this chapter.
A.
If before final approval has been granted, any person transfers or
sells or agrees to transfer to sell, except pursuant to an agreement
expressly conditioned on final subdivision approval, as owner or agent,
any land which forms a part of a subdivision for which Township approval
is required by this chapter, such person shall be subject to a penalty
not to exceed $1,000 and each lot disposition so made may be deemed
a separate violation.
B.
In addition to the foregoing, the Township may institute and maintain
a civil action:
A.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, or which
formed part of such subdivision three years preceding August 1, 1976,
may apply in writing to the Township Clerk for the issuance of a certificate
certifying whether or not such subdivision has been approved by the
Planning Board. Such application shall contain a diagram showing the
location and dimension of land to be covered by the certificate and
the name of the owner thereof.
B.
The Township Clerk shall make and issue such certificates within
15 days after the receipt of such written application and the fees
therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his or her office.
C.
Each such certificate shall be designated a "certificate as to approval
of subdivision of land" and shall certify:
D.
The Township Clerk shall be entitled to demand and receive for such
certificate issued by him or her a reasonable fee not in excess for
those provided in N.J.S.A. 54:5-14 and 15. The fees so collected by
the Township Clerk shall be paid by him or her to the Township.
If two or more lots or combinations of lots or portions of lots
with contiguous frontage under single ownership, are of record at
the time of passage or amendment of this chapter, and if all or part
of the lots do not meet the requirements for lot width and areas as
established by this chapter, the lands involved shall be considered
to be an undivided parcel for the purpose of this chapter.
