[Amended 7-18-2006 by Ord. No. 2006-14[1]]
A.
Powers of the Land Use Board.
(1)
The Land Use Board shall have the power to grant subdivision
or conditional use approval simultaneously with site plan approval.
(2)
Whenever relief is requested pursuant to this subsection, public
notice shall be given and shall include reference to the request for
a variance or direction for issuance of a permit, as the case may
be.
(a)
Grant variances pursuant to N.J.S.A. 40:55D-70c.
(b)
Direct, pursuant to N.J.S.A. 40:55D-34, for issuance
of a permit for a building or structure in the bed of a mapped street
or public drainage, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
(c)
Direct, pursuant to N.J.S.A. 40:55D-36, for issuance
of a permit for a building or structure not related to a street.
C.
Simultaneous review. The Land Use Board shall have the power
to act upon subdivision, conditional use, site plan or variance applications
simultaneously without the applicant making further application for
hearings. The longest time period for action by the Board, whether
it is for subdivision, conditional use, site plan or variance approval,
shall apply. Whenever approval of a conditional use or variance is
requested by the applicant in conjunction with a site plan or subdivision
application, notice of the hearing on the plan shall include reference
to the request for such conditional use or variance.
A.
Subdivision review. All subdivisions, as defined under § 190-203,
are subject to the review procedures specified herein.
B.
Site plan review.
(1)
No construction permit shall be issued for any new structure
or for an addition or alteration to an existing structure, and no
certificate of occupancy shall be issued for any change of use of
an existing structure until the site plan has been reviewed and approved
by the municipality, except that:
(a)
A construction permit for a single-family detached
dwelling unit or a two-family dwelling unit and/or their accessory
building(s) or uses on a lot shall not require site plan approval,
except as required in § 190-606E or 190-802B(1)(e), and
except, further, that the use of any existing or proposed principal
or accessory building for a home occupation as defined and permitted
by this chapter shall require minor site plan approval in accordance
with § 190-603 prior to the issuance of a construction permit
or certificate of occupancy. The foregoing shall in no way affect
the responsibility of an applicant to submit the necessary information
and receive the necessary approvals as may be required pursuant to
other ordinances.
(b)
Any change of use from one permitted category of
nonresidential use to another permitted category of nonresidential
use shall not require site plan approval if:
[Amended 2-19-2013 by Ord. No. 2013-02]
[1]
Both the Department of Community Affairs and Zoning
Officer, with the advice of the Township Engineer, certify to the
Board in writing that the existing site development meets the requirements
of this chapter for the new use category, and the new use category
does not require an increase in the number of required parking spaces;
and
[2]
The Land Use Board concurs with the findings of
the Department of Community Affairs and Zoning Officer.
(c)
Permitted accessory buildings to residential and
agricultural/horticultural uses shall not require site plan approval.
(d)
Building alterations shall not require site plan
approval if the following conditions apply:
[1]
There is no change in use;
[2]
No additional parking is required;
[3]
No additional building area is proposed;
[4]
No variance is required;
[5]
There is no major change in circulation proposed
such as drive-through windows, ingress or egress drives, changes in
internal circulation, loading or unloading, delivery or pickup of
goods and services or trash collection; and
[6]
There are no major changes in a significant site
facility or improvement such as a drainage facility, buffer or landscaping
features and the like.
(e)
Fences and walls not included as part of a subdivision
or site plan application shall not require site plan approval but
shall require the issuance of a zoning permit. Retaining walls not
exceeding four feet in height and not included as part of a subdivision
or site plan application shall not require site plan approval but
shall be in accordance with § 190-518 of this chapter and
shall require the issuance of a construction permit. Retaining walls
greater than four feet in height not included as part of a subdivision
or site plan application shall require minor site plan approval, except
for the replacement of existing retaining walls. The replacement of
existing retaining walls greater than four feet in height shall be
in accordance with § 190-518 of this chapter and shall require
the issuance of a construction permit.
(f)
Signs not included as part of a site plan application
shall not require site plan approval except that freestanding, pylon
or special permit signs shall require minor site plan approval. All
signs shall require the issuance of a sign permit except as exempted
in § 190-514 of this chapter.
(2)
An applicant may elect to file for preliminary and final site
plan approval simultaneously to expedite the review process. The site
plan shall be prepared according to the requirements stipulated for
final approval. Developers electing to bypass the preliminary approval
stage are doing so at the peril of added expense if changes in design
are required.
(3)
The clearing, excavation or filling of an area in excess of 5,000 square feet shall require site plan approval unless related to the construction of a single-family home that does not require subdivision approval and shall further require a tree removal permit pursuant to Chapter 288, Trees, of the Allamuchy Township Code. Prior to any clearing, excavation or filling of an area in excess of 5,000 square feet related to the construction of a single-family home that does not require subdivision approval, the property owner shall submit a grading plan and secure approval, including but not limited to a tree removal permit pursuant to Chapter 288, Trees, of the Allamuchy Township Code from the Township Engineer.
[Added 9-15-2009 by Ord. No. 2009-13]
C.
Variance relief. All applications for variance relief to the Land Use Board not involving any related site plan, subdivision or conditional use approval shall be filed at least three weeks prior to the meeting at which the application is to be heard. The filing shall include 15 copies of any maps and related material; 15 completed copies of the appropriate application form(s), which includes the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and the fee in accordance with § 190-901 of this chapter. The Board shall act upon the application as stipulated by law.
[Amended 7-18-2006 by Ord. No. 2006-14]
D.
Informal review by the Land Use Board.
(1)
At the request of a developer, the Land Use Board shall grant one informal review, not to exceed 15 minutes of duration, regarding a concept plan or plat for a development for which a developer intends to prepare and submit an application for development. The information to be included for a concept plan or plat shall be sufficient to enable the Land Use Board to comment upon the design concepts and shall include the information indicated on the checklist for informal review applications attached to this chapter.[1]
[1]
Editor's Note: Checklists for land use applications are included as attachments to this chapter.
(2)
The developer shall be required to pay a fee for an informal
presentation of a concept plat or plan in accordance with § 190-901
of this chapter, which shall be credited towards the fee for review
of a development application if subsequently submitted; moreover,
no professional review(s) will be undertaken unless the developer
has agreed to pay for said review(s) and has established an escrow
account also in accordance with § 190-901 of this chapter.
(3)
The developer shall not be bound by any concept plan for which
the review is requested, and the Land Use Board shall not be bound
by any such review.
(4)
A developer desiring to have a concept plan informally reviewed
by the Land Use Board shall so notify the Secretary of the Land Use
Board at least three weeks prior to the meeting of the Board at which
the application is to be heard. The Secretary of the Land Use Board
shall thereafter notify the developer of the time and place which
has been scheduled by the Land Use Board for the informal review.
E.
Development in the Highlands Preservation Area.
[Added 12-17-2013 by Ord.
No. 2013-17]
(1)
Applicability.
(a)
This subsection shall apply to any application
for development involving lands located within (or partially within)
the Township Highlands Area (as illustrated in Exhibit A, "Township
Highlands Preservation Area" which accompanies and is part of this
subsection) [NOTE: Exhibit A is on file in the Allamuchy Township
Municipal Clerk's office and is made part of the original subsection.]
that seeks approval of a site plan, subdivision, or change in use,
where approval of such application would: a) result in the ultimate
disturbance of one acre or more of land; b) produce a cumulative impervious
surface area of 1/4 acre, or more; c) in the case of residential development,
create three or more dwelling units; or d) introduce or expand on
any of the following land uses/facilities:
[1]
Landfills;
[2]
Permanent storage or disposal of hazardous wastes,
industrial or municipal sludge or radioactive materials, including
solid waste landfills;
[3]
Collection and transfer facilities for hazardous
wastes, solid wastes that contain hazardous materials, and radioactive
materials;
[4]
Industrial treatment facility lagoons; or
[5]
Any major or minor potential contaminant source
(as identified in Appendix A and Appendix B[2] of this subsection, respectively) on lands located within 200 feet of the wellhead of any public community well or public noncommunity well, as these are defined at Subsection E(6) below.
[2]
Editor's Note: Appendix A and Appendix B are included as attachments to this chapter.
(2)
Administrative completeness.
(a)
Consistency determinations required. No application for development included in Subsection E(1), above, shall be deemed complete or considered for review by the applicable Land Use board until and unless the applicant has obtained and provided a copy of:
[1]
A consistency determination from the Highlands
Council indicating that the application is consistent with the Highlands
Regional Master Plan; or
(b)
Findings of inconsistency. Where a Highlands Council
consistency determination indicates that an application for development
is inconsistent with the Highlands Regional Master Plan, no such application
shall be deemed complete or considered for review by the applicable
Land Use Board, until or unless the applicant has obtained from the
professional(s) responsible for preparation of the applicant's plans,
a certification indicating that to the best of the knowledge and abilities
of such professional(s), the application has, since review by the
Highlands Council, been revised to achieve consistency with the Highlands
Regional Master Plan, and specifically describing the revisions made
to achieve such consistency.
(c)
Checklist waiver. The Township may issue a waiver
from the provisions of this subsection where it can be established
by the applicant and can be verified by the designated representative(s)
of the Township that:
[1]
The activity, improvement or development proposed by the subject application for development has not yet been formally determined to be exempt from the Highlands Act [see Subsection E(5)(b), below], but eligibility for an exemption has been sufficiently established by the applicant; or
[2]
The activity, improvement or development proposed in the application for development will neither encroach upon a Highlands Resource or Highlands Resource Area, nor be of detrimental impact to any Highlands resource or Highlands Resource Area as these are identified and delineated in the Highlands Regional Master Plan. The applicant's professional(s) responsible for preparation of the applicant's plan shall establish compliance of the above through a formal certification specifically addressing the Highlands Resources and Resource Areas and related policies and objectives as identified in Chapter 4 of the Highlands Regional Master Plan.
(d)
Highlands Council call-up. All municipal waivers
or findings of application completeness issued pursuant to this subsection
shall be issued in writing, inclusive of a statement indicating the
rationale for the determination. All such determinations shall be
subject to Highlands Council call-up review, and shall include conditions
requiring same consistent with this subsection. The municipality shall,
within five calendar days of issuance of all such determinations,
provide a copy of the decision to the applicant and to the Highlands
Council. The Highlands Council call-up review period shall expire
15 calendar days following its receipt of same. Upon determining to
exercise this authority for call-up review, the Highlands Council
shall transmit notice to the applicant and the municipality. Absent
any such notification from the Highlands Council within that time
frame, the application shall be considered complete, with the date
of the waiver or finding of application completeness to be as of the
date of first issuance by the municipality.
(3)
Notice requirements. The provisions of this subsection shall
apply in addition to all requirements concerning public notice for
applications for development as provided under the MLUL and required
pursuant to the underlying municipal land use ordinances.
(a)
Notice to Highlands Council of application. The
applicant for any application for development shall provide notice
to the Highlands Council at least 10 days prior to the date on which
the application is scheduled for consideration by the local board.
A copy of the complete application shall accompany such notice regarding
any application for development involving the potential disturbance
of two acres, or more, or a cumulative increase in impervious coverage
of one acre, or more. The applicant shall provide copies of any subsequent
revisions to such applications to the Highlands Council at the same
time these are provided to the reviewing board. If such plans or plats
have been prepared in digital form, they shall be provided to the
Highlands Council in a digital format that meets Highlands Council
standards for such submissions.
(b)
Notice of decision required. The reviewing board
shall provide a certified copy of the fully executed resolution memorializing
its final decision regarding any application for development to the
Highlands Council within 10 days of its adoption. This provision shall
apply in all cases, whether the board approves the application for
development, denies it, or approves it with conditions.
(4)
Highlands Council call-up provisions. All board decisions pertaining
to applications for development involving the ultimate disturbance
of two acres or more of land, or a cumulative increase in impervious
surface by one acre or more, are subject to call-up and subsequent
review by the Highlands Council in accordance with procedural requirements
and time frames established pursuant to the Highlands Act. The Highlands
Council may, on notice to the applicant within 15 calendar days of
receipt of the memorializing resolution of the reviewing board, review
and require a public hearing on the application. In that case, subsequent
to the hearing the Highlands Council may approve the application for
development, deny it, or issue an approval with conditions. The following
conditions of approval shall be attached to any application for development
approved pursuant to the MLUL which involves lands within or partially
within the Highlands Preservation Area.
(a)
No land disturbance. No land disturbance approved
in connection with an application for development involving the ultimate
disturbance of two acres or more of land or a cumulative increase
in impervious surface by one acre or more shall occur until and unless,
either:
[1]
The Highlands Council call-up period has expired
without issuance of a notice seeking review of the application by
the Highlands Council; or
[2]
The Highlands Council has issued notice, and has
reviewed the approval pursuant to N.J.S.A. 13:20-17(a)1 and has determined
not to deny or modify the approval.
(b)
Amendments. In the event that Highlands Council
review of an approved application for development pursuant to this
subsection results in a finding that the plans must be modified, the
applicant shall amend the application accordingly and submit the amended
application to the reviewing board for approval. Such submissions
shall include the written findings and notice of decision of the Highlands
Council and any subsequent approval by the Land Use Board shall incorporate
any conditions imposed by the Highlands Council.
(c)
Approvals conditioned on state approvals. All approvals
shall be subject to the approval of any and all state agencies or
other authorities having jurisdiction over any aspect or aspects of
the approved application for development.
(d)
As-built surveys required. Prior to issuance of
any final certificate of occupancy or approval, or to the release
of any performance bonding held in relation to the approved application
for development, the applicant shall provide an "as-built" survey
depicting the final site conditions.
(e)
Submission of final plans/plats to Highlands Council.
The applicant shall provide a copy of any final site plan or subdivision
plat to the Highlands Council. If such plans or plats have been prepared
in digital form, they shall be provided to the Highlands Council in
a digital format that meets Highlands Council standards for such submissions
in lieu of copies printed on paper.
(5)
Exclusions and exemptions.
(a)
Exclusions. The following specific improvements
and related applications shall be excluded from the provisions of
this subsection:
[1]
The reconstruction, within the same footprint,
of any building or other structure lawfully existing as of the effective
date of this subsection, in the event of its destruction or partial
destruction by fire, storm, natural disaster, or any other unintended
circumstance.
[2]
Any improvement or alteration to a building or
other structure lawfully existing as of the effective date of this
subsection, where such improvement or alteration is necessary for
compliance with the provisions of the Americans with Disabilities
Act, or to otherwise provide accessibility to the disabled.
[3]
Any agricultural or horticultural use or development
that would not result in either:
[a]
An increase, since the date of enactment of the Highlands Act (August 10, 2004), either individually or cumulatively, of new agricultural impervious cover of greater than 3% to the total land area of a farm management unit. Solar panels shall not be included in any calculation of agricultural impervious cover [all terms as defined in Subsection E(6) below]; or
[b]
Construction of three or more residential dwelling
units (including accessory dwelling units) served by individual on-site
septic system(s).
(b)
Exemptions. Any activity, improvement or development
project listed and demonstrated to constitute a Highlands Act exemption
shall be exempt from the provisions of this subsection. Formal demonstration
of a Highlands Act exemption for an application for development involving
lands located (or partially located) in the Preservation Area shall
consist of one of the following:
[1]
State agency determination. State agency determinations
shall consist of a Highlands applicability determination (HAD) issued
by the NJDEP indicating that the proposal qualifies as a Highlands
Act exemption.
[2]
Municipal determination. Pursuant to Township Ordinance,
entitled "Township of Allamuchy Highlands Preservation Area Exemption
Ordinance,"[3] for any application under this subsection involving Highlands
Act Exemptions 4, 6, 7, or 8, the applicant may request and shall
be deemed to have satisfied the evidentiary requirement by obtaining
a municipal exemption determination issued by the municipal exemption
designee, provided such determination indicates that the proposal
qualifies as a Highlands Act exemption. The applicant may rely upon
the findings of a municipal exemption determination to the same extent
and with the same protections as would apply in the case of a HAD
issued by the NJDEP.
[3]
Editor's Note: See § 190-808.
(6)
AGRICULTURAL IMPERVIOUS COVER
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
AGRICULTURAL OR HORTICULTURAL USE
APPLICANT
APPLICATION FOR DEVELOPMENT
DISTURBANCE
DISTURBANCE, ULTIMATE
FARM MANAGEMENT UNIT
HIGHLANDS ACT
HIGHLANDS APPLICABILITY DETERMINATION (HAD)
HIGHLANDS AREA
HIGHLANDS COUNCIL
HIGHLANDS REGION
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
MAJOR POTENTIAL CONTAMINANT SOURCES (PCS)
MINOR POTENTIAL CONTAMINANT SOURCES (PCS)
MUNICIPAL LAND USE LAW (MLUL)
NJDEP
NJDEP PRESERVATION AREA RULES
PLAN CONFORMANCE
PLANNING AREA
PRESERVATION AREA
PUBLIC COMMUNITY WELL
PUBLIC NONCOMMUNITY WELL
REGIONAL MASTER PLAN (RMP)
SOLAR PANEL
STRUCTURE
Definitions. For the purpose of this subsection, the following
terms, phrases, words, and their derivations shall have the meanings
stated herein unless their use in the text of this subsection clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
Agricultural or horticultural buildings, structures or facilities
with or without flooring, residential buildings and paved areas, but
not meaning temporary coverings.
Construction for the purposes of supporting common farmsite
activities, including but not limited to the production, harvesting,
storage, grading, packaging, processing, and the wholesale and retail
marketing of crops, plants, animals, and other related commodities
and the use and application of techniques and methods of soil preparation
and management, fertilization, weed, disease, and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing.
The use of land for common farmsite activities, including
but not limited to the production, harvesting, storage, grading, packaging,
processing, and the wholesale and retail marketing of crops, plants,
animals, and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease, and pest control, disposal of farm waste, irrigation,
drainage and water management, and grazing.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, or direction of the
issuance of a permit pursuant to Section 25 or 27 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-34 or 40:55D-36).
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
The total existing or proposed area of disturbance of a lot,
parcel, or other legally designated (or otherwise legally recognized)
tract or subdivision of land, for the purpose of, and in connection
with, any human activity, property improvement, or development, including
the surface area of all buildings and structures, all impervious surfaces,
and all associated land disturbances such as excavated, filled, and
graded areas, and all lawn and landscape areas. Ultimate disturbance
shall not include areas of prior land disturbance which at the time
of evaluation: a) contain no known man-made structures (whether above
or below the surface of the ground) other than such features as old
stone rows or farm field fencing; and b) consist of exposed rock outcroppings,
or areas which, through exposure to natural processes (such as weathering,
erosion, siltation, deposition, fire, flood, growth of trees or other
vegetation) are no longer impervious or visually obvious, or ecologically
restored areas which will henceforth be preserved as natural areas
under conservation restrictions.
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
The Highlands Water Protection and Planning Act, P.L. 2004,
c. 120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.
The determination made by the NJDEP of whether a project
proposed for the Preservation Area is a major Highlands development,
whether any such major Highlands development is exempt from the Highlands
Act, and whether the project is consistent with the applicable Areawide
Water Quality Management Plan.
That portion of the municipality for which the land use planning
and regulation are in conformance with, or are intended or proposed
to be in conformance with, the Highlands Regional Master Plan, specifically
in the context of this subsection, the Township of Allamuchy Highlands
Preservation Area.
The New Jersey Highlands Water Protection and Planning Council.
All that area within the boundaries of the municipalities
listed in Subsection a of Section 7 of the Highlands Act.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, including, but not limited to,
porous paving, paver blocks, gravel, crushed stone, decks, patios,
elevated structures, and other similar structures, surfaces, or improvements.
The total area of all existing or proposed impervious surfaces
situated or proposed to be situated within the boundary lines of a
lot, parcel, or other legally recognized subdivision of land, expressed
either as a measure of land area such as acreage, or square feet,
or as a percentage of the total lot or parcel area.
Land uses and activities determined by the Highlands Council
to pose a major risk of groundwater contamination (see Appendix A).[4]
Land uses and activities determined by the Highlands Council
to pose a minor risk of groundwater contamination (see Appendix B).[5]
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
The New Jersey Department of Environmental Protection.
The regulations established by the NJDEP to implement requirements
of the Highlands Act, titled "Highlands Water Protection and Planning
Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
The process by which a municipality revises the master plan,
development regulations and other regulations related to the development
and use of land to conform them to the goals, requirements, and provisions
of the Regional Master Plan in accordance with the Highlands Plan
Conformance Guidelines.
Lands within the Highlands Region not within the Preservation
Area (N.J.S.A. 13:20-7).
That portion of the Highlands Region so designated by Subsection
b of Section 7 of the Highlands Act.
A well that provides water to a public water system serving
at least 15 service connections used by year-round residents or regularly
serving at least 25 year-round residents.
A well that is not a public community well and that provides
water to a public water system regularly serving at least 25 individuals
for at least 60 days in any given calendar year.
The Highlands Regional Master Plan or any revision thereof
adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
flat plate, focusing solar collectors, or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy, or
array. (As defined by the Highlands Act, N.J.S.A. 13:20-1 et seq.,
as amended.)
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
[4]
Editor's Note: Appendix A is included as an attachment to this chapter.
[5]
Editor's Note: Appendix B is included as an attachment to this chapter.
A.
Procedure for submitting minor subdivision plats and minor site
plans.
(1)
The applicant shall submit to the Secretary of the Land Use
Board at least three weeks prior to the meeting at which the application
is to be heard for completeness:
[Amended 7-18-2006 by Ord. No. 2006-14]
(a)
Eighteen copies of the minor plat or plan;
(b)
Eighteen copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter, and a fee in accordance with § 190-901 of this chapter. The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedures set forth herein for submitting and acting upon minor subdivision plats and minor site plans and agrees to be bound by it; and
(c)
One compact disk containing the CAD-generated data
file(s), referenced into the New Jersey North American Datum 1983,
1996 adjustment (NAD 83). Where applicable, topographic elevations
shall be in the New Jersey North American Vertical Datum 1988 (NAVD
88).
(2)
Once the above information has been supplied, the Secretary
of the Land Use Board shall process the application and shall issue
an application number.
[Amended 7-18-2006 by Ord. No. 2006-14]
(3)
Once an application has been assigned a number, such number
shall appear on all papers, maps, plats or plans and other documents
for processing in conjunction with the application.
B.
Details required for minor subdivision plats and minor site
plans. Each minor plat or minor plan shall be drawn by a professional
engineer and/or land surveyor licensed to practice in the State of
New Jersey and shall bear the signature, seal, license number and
telephone number of the said professional engineer and/or land surveyor;
provided, however, that all engineering data shall be signed and sealed
by a professional engineer and all surveying data shall be signed
and sealed by a professional land surveyor. Each submission shall
be drawn at an appropriate scale not less than one inch equals 20
feet and shall be submitted on one of three of the following standard
sheet sizes (8 1/2 inches by 13 inches, 15 inches by 21 inches,
or 24 inches by 36 inches), with all sheets submitted of the same
size. Each minor plat or plan shall show the following information,
as such information is applicable to the minor subdivision or minor
site plan submission:
(1)
Certification that the applicant is the owner of the land or
his properly authorized agent, or that the owner has given his consent
under an option agreement.
(2)
Certificate from the Township Tax Collector that all taxes and
assessments are paid to date.
(3)
Concerning corporation or partnership, a list of names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class as required by N.J.S.A. 40:55D-48.1 et seq.
(4)
A key map showing the entire tract and its relation to the surrounding
area at a scale of one inch equals not more than 400 feet.
(5)
Title block in accordance with the rules governing title blocks
for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Township of
Allamuchy and Warren County, New Jersey, with each sheet specifically
titled;
(b)
Name, title, address and telephone number of subdivider
or developer;
(c)
Name, title, address, license number, seal and
signature of the professional or professionals who prepared the plat
or plan;
(d)
Name, title and address of the owner or owners
of record;
(e)
Scale (written and graphic); and
(f)
Date of original preparation and of each subsequent
revision thereof, and a list of the specific revisions entered on
each sheet.
(6)
Acreage to the nearest tenth of an acre (both with and without
areas within public rights-of-way) and North arrow.
(8)
Existing block and lot number(s) of the lot(s) to be subdivided
or developed as they appear on the Township Tax Map, and proposed
block and lot numbers as provided by the Township Tax Assessor upon
written request.
(9)
Tract boundary line (heavy solid line), any existing or proposed
subdivision or property line(s), and the number of existing and proposed
lots.
(10)
Zoning districts affecting the tract, including district names
and all area and bulk requirements, with a comparison to the development.
(11)
The location of existing and proposed property lines (with bearings
and distances), streets, structures (with their numerical dimensions
and an indication as to whether existing structures will be retained
or removed), parking spaces, loading areas, driveways, watercourses,
railroads, bridges, culverts, drain pipes, and natural features such
as treed areas, both within the tract and within 100 feet of its boundary.
(12)
All dimensions necessary to confirm conformity to the chapter,
such as size of the tract and any proposed lot(s), structure setbacks,
structure heights, yards and building and lot coverages.
(13)
The location and width of all existing and proposed easements
and rights-of-way, the use(s) for which they are intended to be limited,
the manner in which the easements will be controlled, and to whom
they will be granted.
(14)
Proposed buffer and landscaped areas and the location and identification
of existing vegetation with an indication as to whether it is to remain
or be removed.
(15)
Delineation of streams, ponds, marshes, lands subject to flooding
and all "critical areas" as defined in § 190-203 of this
chapter, both within the tract and within 100 feet thereof, with corresponding
topographic survey information.
(16)
Existing contours related to the USGS topographic datum, proposed
grades in accordance with the requirements of § 190-519
of this chapter, and the source of contour information.
(17)
Drainage calculations and proposed drainage improvements and
details.
(18)
The names of all adjacent property owners and adjacent block
and lot numbers as they appear on the most recent tax list prepared
by the Township Tax Assessor.
(19)
Concerning minor subdivisions only, existing and proposed monuments.
(20)
Concerning minor site plans only, lighting details, sign details,
circulation and parking details.
(21)
Proposals for soil erosion and sediment control as required
by N.J.S.A. 4:24-39 et seq.
(22)
No minor subdivision or minor site plan involving any street
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 streets, as applicable, shall be granted to the Township or
other appropriate governmental agency.
(23)
Plans of proposed improvements and utility layouts, including
sewers, storm drains and waterlines and feasible connections to gas,
telephone and electrical utility systems. If private utilities are
proposed, they shall comply fully with all Township, county, state
and federal regulations. If service will be provided by an existing
utility company, in lieu of detailed plans, a letter from that company
stating that service will be available before occupancy will be sufficient.
Additionally, letters from the appropriate county and state agencies
granting approval for the extension of utility service(s) under their
respective jurisdiction shall be submitted with the application.
(24)
No minor subdivision or minor site plan involving any corner
lot shall be approved unless a sight triangle easement shall be granted
as specified in this chapter.
(25)
Deed descriptions including metes and bounds, easements, covenants,
restrictions and roadway and sight triangle dedications shall be submitted
for approval and required signatures prior to filing with the County
Recording Officer.
(26)
If the proposed lot(s) is (are) not served by a sanitary sewer,
date of approval by the County Health Department of site evaluation
tests, certified by a licensed professional engineer, indicating that
the proposed lot(s) can adequately accommodate a septic system. The
location(s) of the test hole(s) and borings, soil logs, proposed location
of the septic disposal areas, test results, soil types, percolation
rates and compliance with the Individual Sewage Disposal Code of New
Jersey or applicable county health department ordinances, whichever
may be more restrictive, shall be shown on the plat and certified
by a licensed professional engineer.
(27)
Plans and typical cross sections and details of any retaining
walls showing the height of the walls, the elevation at the top and
bottom of each wall, the materials to be used, a cross section of
the wall, any proposed plantings, any proposed safety barriers, and
calculations of anticipated earth and hydrostatic pressures and surcharges.
(28)
A list of all known licenses, permits and other forms of approval
required by law for the development and operation of the proposed
project. The list shall include approvals required by the Township,
as well as agencies of the county, state and federal government. Where
approvals have been granted, copies of said approvals shall be attached.
Where approvals are pending, a note shall be made to that effect.
(29)
The Board reserves the right to require additional information
before granting approval when unique circumstances affect the tract
and/or when the application for development poses special problems
for the tract and surrounding area. Such information shall include,
but not be limited to, an environmental impact statement or traffic
analyses; provided, however, that no application shall be deemed incomplete
for the lack of such additional information.
C.
Action by the Township on minor subdivision plats and minor
site plans.
(1)
The Land Use Board or its designee shall review the aforesaid
application for the purpose of determining, within 45 days of its
submission, whether said application is complete. Thereafter:
[Amended 7-18-2006 by Ord. No. 2006-14]
(a)
If said application is found to contain all of
the information required by § 190-803B of this chapter,
the Board or its designee shall certify that said application is complete
and direct the application to the Land Use Board.
(b)
If said application is found to lack some of the
information required by § 190-803B of this chapter, the
Board or its designee shall either:
[1]
Cause the applicant to be notified, in writing
and within 45 days of the submission of the application, that said
application is incomplete, specifying the deficiencies in the application;
or
[2]
If the Board or its designee reasonably concludes
that the missing items of information are not applicable to the subject
application and/or are not necessary to make an informed decision
on the application, said Board or its designee may waive the requirement
that said items be supplied as a prerequisite for completeness and
certify that the application is complete notwithstanding the missing
items.
(c)
If waivers of any checklist items have been specifically
requested by the applicant in the application for development, the
Land Use Board shall act on the request for waivers within 45 days
of application submission.
(d)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 190-803B and said request shall be the subject of a resubmitted application treated as a new submission, which shall be acted upon in accordance with Subsection C(1)(a), (b) or (c) hereinabove.
(2)
On the date the aforesaid application is certified complete,
or on the 46th day following the submission of the application in
the event the Board or its designee fails to make a determination
of completeness, as the case may be, the applicable time period within
which the Board must act upon the application shall commence.
(a)
In any case, the applicant is obliged to prove
that he or she is entitled to approval of the application.
(b)
The Board may subsequently require correction of
any information found to be in error, may require submission of additional
information not specified in this chapter, and/or may require revisions
in the application documents, all as are reasonably necessary to make
an informed decision as to whether the requirements for approval of
the application have been met; provided, however, that the application
shall not be deemed incomplete for lack of any such additional information
or revisions.
(3)
Promptly after certification of completeness, the application
documents shall be distributed by the Secretary of the Board to the
following:
(a)
The Land Use Board (nine copies each of the minor
plat or plan and the application);
[Amended 7-18-2006 by Ord. No. 2006-14]
(b)
Board Planner (one copy each of the minor plat
or plan, the application and any protective covenants, easements and/or
deed restrictions);
(c)
Township Engineer (one copy each of the minor plat
or plan, the application and any protective covenants, easements and/or
deed restrictions);
(d)
Zoning Officer (one copy of the minor plat or plan);
(e)
Environmental Commission (one copy of the minor
plat or plan);
(f)
Warren County Land Use Board (three copies each
of the minor plat or plan, the application and any protective covenants,
easements and/or deed restrictions);
(g)
At the direction of the Land Use Board, additional
copies of the minor plat or plan and/or other items of submitted information
shall be sent to other Township, county or state agencies and/or to
other professional consultants as may be designated by the Board;
and
[Amended 7-18-2006 by Ord. No. 2006-14]
(h)
It shall be the applicant's responsibility, unless
specifically provided otherwise in this chapter, to submit the required
application to any agency (including but not limited to the Warren
County Health Department, the Warren County Soil Conservation District,
and the New Jersey State Department of Environmental Protection) having
jurisdiction over any aspect of the proposed development.
(4)
The Land Use Board shall take action on minor subdivision and
minor site plan applications within 45 days after the application
has been certified complete by the Board or within such further time
as may be consented to by the applicant. Failure of the Board to act
within the prescribed time period shall constitute approval of the
application, provided that any minor subdivision or minor site plan
application which includes any requested variance relief pursuant
to N.J.S.A. 40:55D-60 and § 190-801A(2) of this chapter
shall be acted upon within 120 days or within such further time as
may be consented to by the applicant.
(5)
The Land Use Board shall take action on a minor subdivision
or minor site plan application under its jurisdiction in the time
frame(s) as prescribed in § 190-803C(4) hereinabove unless
said minor subdivision or minor site plan application is being considered
by the Land Use Board simultaneously with an application for a use
variance in accordance with N.J.S.A. 40:55D-70d and § 190-702D
of this chapter, in which case the Land Use Board shall act upon all
aspects of the application within 120 days after the application has
been certified complete by the Land Use Board or within such further
time as may be consented to by the applicant. Failure of the Board
to act within the prescribed time period shall constitute approval
of the application.
[Amended 7-18-2006 by Ord. No. 2006-14]
(6)
Upon request of the Board, the professional staff of the Board
and any designated development committee shall read any written reports
submitted concerning the application and shall review the submission
to ascertain its conformity with the requirements of this chapter.
The professional staff of the Board and any designated development
committee shall offer its recommendations to the Land Use Board.
[Amended 7-18-2006 by Ord. No. 2006-14]
(7)
Any proposed application for development determined by the Board
to be creating, imposing, aggravating or leading to the possibility
of an adverse effect upon either the property in question or upon
any adjacent properties may be required to be revised to remove any
adverse effect(s) prior to further review or approval by the Board,
or where the remaining portion of the original tract is sufficient
to be subdivided or developed further, the applicant may be required
to submit a sketch of the entire remaining portion of the tract to
indicate a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any adverse
effect.
(8)
For any application that is heard by the Land Use Board and
is continued for additional studies, reports, plans or revisions to
previously submitted material, the new or revised material must be
submitted to the Township at least 10 days prior to the hearing at
which the new material is to be considered by the Board. When plan
revisions are submitted, a new compact disk containing the CAD-generated
data files in accordance with the requirements in § 190-803A
of this chapter must be submitted by the applicant.
[Amended 7-18-2006 by Ord. No. 2006-14]
(9)
Approval.
(a)
When a minor subdivision or minor site plan is
approved by the Board, a notation to that effect, including the date
of approval, shall be made and the following submitted:
[1]
At least 10 prints of the plat or plan for signature
by the Township Engineer and the Chairman and Secretary of the Board
(or the Acting Chairman or Secretary where either or both may be absent).
[2]
Deeds, including descriptions for approval by the
Board Attorney and Township Engineer and signature by the Chairman
and Secretary of the Board (or the Acting Chairman or Secretary where
either or both may be absent).
[3]
One compact disk containing the CAD-generated file(s),
referenced into the New Jersey North American Datum 1983, 1996 adjustment
(NAD 83). Where applicable, topographic elevations shall be in the
New Jersey North American Vertical Datum 1988 (NAVD 88). The compact
disk must be in conformance with the requirements in § 190-803A
of this chapter.
(b)
No further approval of the application shall be
required and the Secretary of the Board, within 10 days of the date
of approval, shall notify the applicant of the Board's action. Additionally,
the Secretary of the Board shall forward the applicant a copy of the
approved resolution, adopted in accordance with § 190-706F
of this chapter, within 10 days of its adoption by the Board.
(10)
When a minor subdivision or minor site plan is disapproved by
the Board, the Secretary of the Board, within 10 days of such action,
shall notify the applicant of such disapproval. Additionally, the
Secretary of the Board shall forward the applicant a copy of the disapproval
resolution, adopted in accordance with § 190-706F of this
chapter, within 10 days of its adoption by the Board, setting forth
the reasons for the disapproval.
(11)
Any resolution by the Board shall be deemed to include a contingency
that all necessary approvals by other agencies having jurisdiction
over any aspect of the proposed development are required as a condition
of the Board's approval.
(12)
Filing.
(a)
Within 190 days from the date on which the resolution
of municipal approval of a minor subdivision is adopted by the Board,
a plat map drawn in compliance with the Map Filing Act, P.L. 1960,
c. 141 (N.J.S.A. 46:23-9.9 et seq.) or deed description, properly
drafted and signed by the Chairman and Secretary of the Board (or
the Acting Chairman or Secretary where either or both may be absent),
shall be filed by the subdivider with the County Recording Officer,
provided that, if an applicant elects to file a deed, said deed shall
be accompanied with a photographically reduced copy of the approved
plat. Unless filed within the 190 days or an extension for filing
is granted by the Board, the approval shall expire and will require
Board approval as in the first instance.
(b)
The Board may extend the one-hundred-ninety-day
period for filing a minor subdivision or deed if the developer proves
to the reasonable satisfaction of the Board:
(c)
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.
(13)
The zoning requirements and general terms and conditions, whether
conditional or otherwise, shall not be changed for a period of two
years either after the date on which the resolution of approval is
adopted by the Board for a minor subdivision or after the date of
approval by the Board of a minor site plan.
(a)
The Board shall grant an extension of this period
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the approvals.
(b)
A developer shall apply for this extension before:
1) what would otherwise be the expiration date; or 2) the 91st day
after the date on which the developer receives the last of the legally
required approvals from the other governmental entities, whichever
occurs later.
(14)
Before the Secretary of the Board returns any approved minor
subdivision or minor site plan to the applicant, the applicant shall
provide additional copies of the plat or plan as may be necessary
in order to furnish copies to each of the following:
(a)
Township Engineer (in the case of subdivisions
only, a map of the plat drawn to the Tax Map scale of one inch equals
100 feet or one inch equals 400 feet, as directed by the Township
Engineer);
(b)
The Department of Community Affairs;
[Amended 2-19-2013 by Ord. No. 2013-02]
(c)
Township Tax Assessor; and
(d)
Such other Township, county or state agencies and
officials as directed by the Board.
A.
Procedure for submitting preliminary major subdivision plats
and preliminary major site plans.
(1)
The applicant shall submit to the Secretary of the Land Use
Board at least three weeks prior to the meeting at which the application
is to be heard:
[Amended 7-18-2006 by Ord. No. 2006-14]
(a)
Twenty copies of the preliminary plat or preliminary
plans;
(b)
Twenty completed copies of the appropriate applications which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter;
(c)
One compact disk containing the CAD-generated data
file(s), referenced into the New Jersey North American Datum 1983,
1996 adjustment (NAD 83). Where applicable, topographic elevations
shall be in the New Jersey North American Vertical Datum 1988 (NAVD
88).
(d)
Eighteen copies of any existing protective covenants,
easements or deed restrictions applying to the land being subdivided
or developed;
(e)
Eighteen copies of the environmental impact statement;
(f)
Eighteen copies of the traffic impact statement;
and
(g)
The fees in accordance with § 190-901
of this chapter.
(2)
Where the application is submitted for a determination of completeness
only in accordance with § 190-804C(1) of this chapter, the
applicant may submit six, rather than the 16 or 20, copies of each
of the above; once the application has been deemed complete, the applicant
then shall submit the remaining copies, as required, at least three
weeks prior to the meeting at which the application is to be heard.
(3)
Ten of the required copies of the preliminary plat or preliminary
plans shall be reduced in size and said sheets shall not exceed 15
inches by 21 inches in size.
(4)
The application shall contain an acknowledgement signed by the
applicant, stating that the applicant is familiar with the procedure
set forth herein for submitting and acting upon preliminary major
subdivision plats and preliminary major site plans and agrees to be
bound by it.
(5)
The Secretary of the Land Use Board shall process the application
and shall issue an application number. Once an application has been
assigned a number, such number shall appear on all papers, maps, plats
or plans and other documents submitted for processing in conjunction
with the application.
[Amended 7-18-2006 by Ord. No. 2006-14]
B.
Details required for preliminary major subdivision plats and
preliminary major site plans. Each preliminary plat or preliminary
plan shall be drawn by a professional engineer and/or land surveyor
licensed to practice in the State of New Jersey and shall bear the
signature, seal, license number and telephone number of the said professional
engineer and/or land surveyor; provided, however, that all engineering
data shall be signed and sealed by a professional engineer and all
surveying data shall be signed and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less than
one inch equals 100 feet for major subdivision plats and one inch
equals 50 feet for major site plans and shall be submitted on one
of four of the following standard sheet sizes (8 1/2 inches by
13 inches; 15 inches by 21 inches, 24 inches by 36 inches, 30 inches
by 42 inches). All plan sheets shall be folded into eighths with the
title block revealed. If more than one sheet is required to show the
entire subdivision, a separate composite map shall be drawn showing
the entire subdivision and the sheets on which the various sections
are shown, and each detail sheet shall include a key map showing its
relation to the whole tract. Each preliminary plat or plan shall show
the following information as applicable to a subdivision plat or site
plan, unless the Land Use Board determines, upon request of the applicant,
that such information either is unnecessary or inapplicable to the
particular subdivision or site plan and can be waived:
[Amended 7-18-2006 by Ord. No. 2006-14]
(1)
Certification that the applicant is the owner of the land or
his properly authorized agent, or that the owner has given his consent
under an option agreement.
(2)
Certificate from the Township Tax Collector that all taxes and
assessments are paid to date, and certification from the Township
Finance Office that all escrow fees have been posted.
(3)
Concerning corporation or partnership, a list of names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class as required by N.J.S.A. 40:55D-48.1 et seq.
(4)
A key map with North arrow showing the entire tract and its
relation to the surrounding areas at a scale of one inch equals not
more than 2,000 feet.
(5)
Title block in accordance with the rules governing title blocks
for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Township of
Allamuchy, Warren County, with each sheet specifically titled with
appropriately descriptive words;
(b)
Name, title, address and telephone number of subdivider
or developer;
(c)
Name, title, address, telephone number, license
number, seal and signature of the professional or professionals who
prepared the plat or plan;
(d)
Name, title and address of the owner or owners
of record;
(e)
Scale (written and graphic); and
(f)
Date of original preparation and of each subsequent
revision thereof and a list of the specific revisions entered on each
sheet.
(6)
North arrow.
(8)
Acreage to the nearest tenth of an acre, and a computation of
the area of the tract to be disturbed or subdivided.
(9)
The names and lot and block numbers of all property owners within
200 feet of the extreme limits of the tract as shown on the most recent
tax list prepared by the Township Tax Assessor.
(10)
Existing tax sheet number(s) and existing block and lot number(s)
of the lot(s) to be subdivided or developed as they appear on the
Township Tax Map, and proposed block and lot numbers as provided by
the Township Tax Assessor upon written request.
(11)
Tract boundary line (heavy solid line), any existing or proposed
subdivision or property line(s) within the tract (with bearings and
distances), and the number of existing and proposed lots.
(12)
Zoning districts affecting the tract, including district names
and all area and bulk requirements, with a comparison to the application,
and zoning districts within 200 feet of the tract.
(13)
The locations of man-made and natural features such as bridges,
treed areas, high points, rock outcroppings, karsts, marshes and depressions,
and all "critical areas" as defined in § 190-203 of this
chapter, both within the tract and within 100 feet of its boundaries,
with corresponding topographic survey information related to USGS
datum.
(14)
The existing treed area, the proposed limits of disturbance,
and a tree survey showing the location, species and size of all existing
individual trees or groups of trees having a caliper of six inches
or more measured three feet above the ground level within the portion(s)
of the tract to be disturbed and within 30 feet of the area to be
disturbed as a result of the proposed development, indicating which
trees are to remain and which are to be removed.
(15)
A landscape plan showing the location of all proposed plantings,
screening and buffering in their relationship to the existing vegetation
to be retained, a legend listing the botanical and common names, the
sizes at the time of planting, a planting schedule, method of irrigation,
the total quantity of each plant, and the location of each plant keyed
to the plan or plat.
(16)
If the proposed lot(s) is (are) not served by a sanitary sewer,
date of approval by the County Health Department of site evaluation
tests, certified by a licensed professional engineer, indicating that
the proposed lot(s) can adequately accommodate a septic system. The
location(s) of the test hole(s) and borings, soil logs, proposed location
of the septic disposal areas, test results, soil types, percolation
rates and compliance with the Individual Sewage Disposal Code of New
Jersey or applicable county health department ordinances, whichever
may be more restrictive, shall be shown on the plat and certified
by a licensed professional engineer.
(17)
All existing and proposed watercourses within the tract and
within 200 feet of the tract shall be shown and accompanied by the
following information:
(a)
When a stream is proposed for alteration, improvement
or relocation or where a drainage structure or fill is proposed over,
under, in or along a running stream, a report on the status of review
by the State Department of Environmental Protection, Division of Water
Resources, shall accompany the submission;
(b)
Cross sections of watercourses and/or drainage
swales at an approximate scale showing the extent of the floodplain,
top of bank, normal water levels and bottom elevations at the locations
required by the Township Engineer;
(c)
The location and extent of drainage and conservation
easements and stream encroachment lines; and
(d)
The location, size, direction of flow and type
of adequate drainage provisions to reasonably reduce and minimize
exposure to flood damage.
(18)
Existing and proposed contours with intervals of one foot where
slopes are less than 5%, with intervals of two feet where slopes are
shown between 5% and 10%, and with intervals of five feet where slopes
exceed 10%, both within the tract and within 100 feet of its boundary.
All contour information shall be related to USGS datum. Existing contours
shall be shown as a dashed line; finished grades shall be shown as
a solid line. Grading plans shall be shown at a minimum scale of one
inch equals 50 feet and shall be in accordance with § 190-519
of this chapter.
(19)
Proposals for soil erosion and sediment control as required
by N.J.S.A. 4:24-39 et seq., and in accordance with the Warren County
Soil Conservation District.
(20)
Locations of all existing structures and their uses, both within
the tract and within 100 feet of its boundary, showing their numerical
dimensions, existing and proposed front, rear and side yard setback
distances and an indication of whether the existing structures and
uses will be retained or removed.
(21)
Size, height and location of all proposed buildings (including
grades), structures, signs and fences, including details for any signs,
fences and trash enclosures.
(22)
All dimensions necessary to confirm conformity to the ordinance,
such as the size of the tract and any proposed lot(s), setbacks, structure
heights, yards and building and lot coverages. All tract and lot sizes
shall be expressed in acres and square feet and shall include bearings
and distances.
(23)
The proposed location, height, direction of illumination, power
and type of proposed outdoor lighting including details of lighting
poles and luminaries, hours and time of lighting.
(24)
Existing and proposed street and lot layout with dimensions
correct to scale, showing that portion proposed for development in
relation to the entire tract and existing lot lines to be eliminated.
(25)
The location and design of any off-street parking or loading
area, showing size and location of bays, aisles and barriers, curbing
and paving specifications.
(26)
All means of vehicular access and egress to and from the site
onto public streets, showing the size and the location of driveways,
sidewalks, fire lanes and curb cuts, including the possible utilization
of traffic signals, channelization, acceleration and deceleration
lanes, sight triangle easements, additional width and other proposed
devices necessary to prevent a difficult traffic situation.
(27)
The application shall include plans and computations for any
storm drainage system, including the following, as may be required
by the Township Engineer:
(a)
All existing or proposed storm sewer lines within
or adjacent to the tract showing profile, size and slope of the lines,
direction of flow and the location of each catch basin, inlet, manhole,
culvert, headwall and utility lines including pipe size and grades;
(b)
A map drawn to scale (minimum scale one inches
equals 100 feet) showing the contributing area to each inlet or cross
drain;
(c)
A weighted runoff coefficient for each drainage
area shall be determined for use in the computations; and
(d)
A report by the design engineer containing the
criteria used, alternates considered, reasons for selection and design
calculations.
(e)
Completed “Major Development Stormwater Summary
Form” that is contained within Attachment D in the Township’s
Tier ‘B’ Municipal Stormwater General Permit for each
stormwater management basin that is proposed on the project.
[Added 11-14-2018 by Ord. No. 2018-23]
(28)
The location and size of existing structures such as water and
sewer mains, valves, hydrants, utility structures, gas transmission
lines and high tension power lines on the tract and within 200 feet
of its boundary.
(29)
Plans of proposed improvements and utility layouts, including
sewers, storm drains and waterlines and feasible connections to gas,
telephone and electrical utility systems, including plans, profiles
and details of all existing and proposed sanitary sewage facilities
and water mains with proposed connections. If private utilities are
proposed, they shall comply fully with all Township, county, state
and federal regulations. If service will be provided by an existing
utility company, in lieu of detailed plans the developer shall present
a statement of interest, setting forth all public utility companies
to serve the development and a letter from each company stating that
service will be available before occupancy. The preliminary plans
shall recite all public utilities that will serve the development.
Additionally, letters from the appropriate county and state agencies
granting approval for the extension of utility service(s) under their
respective jurisdiction shall be submitted with the application.
(30)
Plans, typical cross sections and construction details, horizontal
and vertical alignments of the center line of all proposed streets
and of all existing streets abutting the tract including street names.
The vertical alignments shall be based on USGS vertical datum or a
more specified datum supplied by the Township Engineer, including
curbing, sidewalks, street trees and planting strips, storm drains
and gutters, drainage structures and cross sections every half and
full station of all proposed streets and of all existing streets abutting
the tract. Sight triangles, the radius of curblines and street sign
locations shall be clearly indicated at the intersections. The width
of additional right-of-way to be dedicated as specified in the Master
Plan or Official Map, the width of cartway and right-of-way, location
and width of utility lines, type and width of pavement, final design
grades and a profile of the top of curb within the bulb of any cul-de-sac
shall be included.
(31)
Any proposed and existing protective covenants or deed restrictions
applying to the land being developed shall be submitted with the application
and/or indicated on the submitted plat or plan.
(32)
The names, location and width of all existing and proposed easements
and rights-of-way, the use(s) for which they are intended to be limited,
the manner in which the easements will be controlled, and to whom
they will be granted.
(33)
The proposed permanent monuments shall be shown in accordance
with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.
(34)
An environmental impact statement in accordance with § 190-804C
of this chapter.
(35)
A traffic impact statement in accordance with § 190-804D
of this chapter.
(36)
A copy of a request for a letter of interpretation (LOI) from
the State Department of Environmental Protection as to any delineated
wetlands. Where an LOI has been received, a copy of such shall be
attached.
(37)
Where proposed, the location of temporary construction trailers,
temporary sales trailers or centers, models, and/or temporary signs.
(38)
Concerning major site plans only, the proposed use and operations
of the buildings, the proposed number of shifts to be worked, the
maximum number of employees on each shift, and the hours of operation
open to public use.
(39)
Concerning major site plans only, typical floor plans of the entire structure, existing and proposed, and signed and sealed scaled architectural elevations by a licensed New Jersey architect of the front, side and rear of any structure to be erected or modified, showing the exterior facade and materials to be used in construction, and any attached signage. In the case of residential planned developments, this requirement may be modified in accordance with the provisions of Article 400 or 600.
(40)
Concerning cellular antennas for telephone, radio, paging and/or
television communication uses only, a colored propagation map(s) no
larger than 11 inches by 17 inches in size and all additional submission
details and documents as required in § 190-601B of this
chapter.
(41)
A list of all known licenses, permits and other forms of approval
required by law for the development and operation of the proposed
project. The list shall include approvals required by the Township,
as well as agencies of the county, state and federal government. Where
approvals have been granted, copies of said approvals shall be attached.
Where approvals are pending, a note shall be made to that effect.
(42)
Plans and typical cross sections and details of any retaining
walls showing the height of the walls, the elevation at the top and
bottom of each wall, the materials to be used, a cross section of
the wall, any proposed plantings, any proposed safety barriers, and
calculations of anticipated earth and hydrostatic pressures and surcharges.
(43)
An earthwork analysis in accordance with § 190-509C
of this chapter.
(44)
Where required by either § 190-509C or 190-804C of this chapter, a geotechnical investigation report, which shall include the corresponding checklist attached to this chapter and all information required therein unless otherwise waived in accordance with § 190-804E(1) of this chapter.
(45)
A section or phasing plan, if proposed, indicating the proposed
phasing of the tract to be considered at final approval and the relationship
of each section or phase to all applicable zoning requirements, such
as parking spaces, building coverage, lot coverage, open space areas
and number of lots.
(46)
Where any clearing and/or construction of public improvements
is proposed to commence prior to final approval, a written statement
from the applicant indicating this intent and his acknowledgement
of the requirements of § 190-902 of this chapter and, if
the development is to be phased, the location of areas where such
clearing or construction is proposed. The following additional information
also is required to be submitted at this time:
(a)
A letter from the developer indicating that he/she
shall be proceeding with construction based upon a preliminary approval
only at his/her own risk and that he/she acknowledges that there are
no assurances that the improvements installed will be granted final
approval.
(b)
A separate plan depicting the areas within the
site where construction shall be performed prior to final approval,
including clearing and grading limits, and a summary of the improvements
that are proposed to be constructed prior to final approval.
(c)
A separate plan depicting soil erosion and sediment
control measures which shall be implemented prior to final approval,
the location of topsoil and material stockpiles and construction staging
areas, and measures to protect existing trees and vegetation along
clearing limits.
(d)
If clearing and grading are proposed beyond the
right-of-way line on a proposed lot prior to final approval, a written
explanation setting forth the reasons for such clearing prior to final
approval and grading plan approval for the subject lot(s).
(47)
The Board reserves the right to require additional information
before granting preliminary approval when unique circumstances affect
the tract and/or when the application for development poses special
problems for the tract and surrounding area. Such information shall
include, but not be limited to, drainage calculations and traffic
analyses; provided, however, that no application shall be declared
incomplete for the lack of such additional information.
C.
Environmental impact statement.
(1)
General provisions. The impact on the environment generated
by land development necessitates a comprehensive analysis of the variety
of problems that may result and the actions that can be taken to minimize
the problems. It is further recognized that the level of detail required
for various types of applications will vary depending upon the size
of the development, the nature of the site, the location of the development
and the information already in the possession of the Township. Therefore,
having determined that some flexibility is needed in preparing the
environmental impact statement, the requirements for such a document
pertaining to different types of development applications are listed
below:
(a)
All agricultural operations conducted in accordance
with a plan approved by the Soil Conservation District and all silviculture
operations conducted in accordance with a plan prepared by a professional
forester are specifically exempt from the environmental impact statement
requirements.
(b)
Any variance applications to the Land Use Board
not involving a site plan or subdivision application shall not require
an environmental impact statement unless the information contained
therein is deemed essential by the Board in order to make an informed
decision regarding the submitted application. The Land Use Board shall
inform the applicant regarding any information that may be required.
[Amended 7-18-2006 by Ord. No. 2006-14]
(c)
Any application for minor site plan or minor subdivision
approval shall not require an environmental impact statement unless
the information contained therein is deemed essential by the Board
in order to make an informed decision regarding the submitted application.
The Land Use Board shall inform the applicant regarding any information
that may be required.
[Amended 7-18-2006 by Ord. No. 2006-14]
(d)
All preliminary major subdivision and/or preliminary
major site plan applications shall be accompanied by an environmental
impact statement.
(2)
Submission format. When an environmental impact statement is
required, the applicant shall retain one or more competent professionals
to perform the necessary work. The qualifications and background of
the professionals shall be provided, and the method of investigation
shall be described. All applicable material on file in the Township
pertinent to evaluation of regional impacts also shall be considered.
Furthermore, as much original research as necessary shall be conducted
to develop the environmental impact statement. All environmental impact
statements shall consist of written and graphic, including cartographic
and photographic, materials which clearly present the required information
utilizing the following format:
(a)
Project description. Indicate the purpose and scope
of the proposed project. Enumerate the benefits to the public which
will result from the proposed project and describe the particular
suitability of the site for the intended use. A description of the
proposed project shall be presented to indicate the extent to which
the site must be altered, the kinds of facilities to be constructed
and the uses intended. The resident population, working population
and visitor population shall be estimated. The compatibility or incompatibility
of the proposed project shall be described in relation to the following:
[1]
Township Master Plan, including the conservation
plan element portion of the Master Plan.
[2]
Master plans of adjacent municipalities.
[3]
Warren County Master Plan.
[4]
State Development and Redevelopment Plan as it
specifically relates to the Township of Allamuchy and its "planning
area" designations.
[5]
Other pertinent planning documents.
(b)
Site description and inventory. Provide a description
of the environmental conditions on the site, including the following
items:
[1]
Types of soils. List and describe each soil type
on the site. If applicable, provide percolation data. A complete USDA
Natural Resources Conservation Service soil survey map of all soil
types shall be provided. Soil profiles compiled through site soil
borings or test pits representing all soil types shall be presented.
[2]
Topography. Describe the topographic conditions
on the site and surrounding area.
[3]
Geology. Describe the geologic formations and features
associated with the site as well as depth-to-bedrock conditions. On
a map, delineate those areas where bedrock is within two feet of the
surface or within the depths of proposed foundations, utilities or
other site improvements. Rock outcroppings also shall be depicted.
Additionally, for those areas which are underlain with carbonate geology
or drain to limestone areas, the provisions of § 190-804C(3)
hereinbelow are applicable.
[4]
Vegetation. Describe the existing vegetation on
the site, including any threatened or endangered species identified
by the Township Environmental Commission. A map shall be prepared
showing the location of major vegetative groupings such as woodlands,
open fields and wetlands. Where woodlands are delineated, the forest
types shall be indicated. A tree survey as required in § 190-804B(14)
also shall be provided.
[5]
Wildlife. Identify and describe any habitats unique
to the Township and any known or potential habitats of endangered
or protected species, including any threatened or endangered species
identified by the Township Environmental Commission.
[6]
Subsurface and surface water. Describe the subsurface
water conditions on the site both in terms of depth to groundwater,
including perched groundwater, and water supply capabilities. The
location, depth, capacity and water quality of all existing water
wells and surface water bodies on the site and within 500 feet of
the site shall be indicated, and all drainage features and flow patterns
shall be identified.
[7]
Distinctive scenic and/or historic features. Describe
and map those portions of the site that can be considered to have
distinctive scenic and/or historic qualities.
[8]
Existing development features. Describe any former
and existing features on the site that are not considered to be part
of the natural environment, including, but not necessarily limited
to, roads, driveway accesses, housing units, accessory structures,
utility lines, etc. Information sources should include property records,
municipal and county files, and historic aerial photographs.
[9]
Known or potential contamination sources. Areas
that are known to be contaminated or have the potential to cause contamination
of air, soil, surface water or groundwater shall be identified. These
areas may include, but are not limited to, underground storage tanks,
septic fields, landfills, ponds or lagoons, and agricultural lands.
Historical land application of solid or liquid wastes and the application
of pesticides or herbicides shall be considered. A preliminary assessment
conducted according to methods specified by the New Jersey State Department
of Environmental Protection may be required. Any and all environmental
data and reports known to the owner or developer shall be summarized
and presented as part of the environmental impact statement. The data
or reports shall be submitted in full at the request of the Township.
[10]
Open space and recreation. Areas designated or
otherwise used by the public for active or passive recreation, either
currently or historically, shall be identified. These uses may include
trails, hunting and fishing areas, river access points and conservation
easements.
[11]
Miscellaneous. An analysis shall be conducted
of existing air quality and noise levels. Light pollution also shall
be addressed.
(c)
Impact. Discuss both the negative and positive
impacts during and after construction. Indicate those negative impacts
that are unavoidable. The specific concerns that shall be considered
include the following and shall be accompanied by specific quantitative
measurements where possible and deemed necessary by the Township:
[1]
Soil erosion and sedimentation and potential stability
or drainage problems due to soil properties or changes in soil conditions.
[2]
Stormwater runoff including volumes, rates and
patterns relative to two-, five-, ten-, twenty-five-, fifty- and one-hundred-year
storms.
[3]
Flooding, floodplain disruption and stream encroachment.
[4]
Groundwater quality.
[5]
Water supplies and wellhead protection.
[6]
Contamination sources.
[7]
Wetlands and groundwater recharge capabilities.
[8]
Sewage disposal.
[9]
Solid waste disposal.
[10]
Vegetation destruction.
[11]
Disruption of wildlife (terrestrial and aquatic
organism) habitats, including those of endangered and protected species.
[12]
Scenic, historic and archaeological features and
area aesthetics, including light pollution.
[13]
Air quality.
[14]
Traffic volumes and patterns.
[15]
Noise levels.
[16]
Energy utilization.
[17]
Agricultural activities.
[18]
Topography, including steep slopes.
[19]
Active and passive recreation.
(d)
Environmental performance controls. Describe what
measures will be employed during the planning, construction and operation
phases which will minimize or eliminate negative impacts that could
result from the proposed project. Of specific interest are:
(e)
Licenses, permits and other approvals required
by law. The applicant shall list all known licenses, permits and other
forms of approval required by law for the development and operation
of the proposed project. The list shall include approvals required
by the Township, as well as agencies of the county, state and federal
governments. Where approvals have been granted, copies of said approvals
shall be attached. Where approvals are pending, a note shall be made
to that effect.
(f)
Documentation. All publications, file reports,
manuscripts or other written sources of information which were first
consulted and employed in compilation of the environmental impact
statement shall be listed. A list of all agencies and individuals
from whom all pertinent information was obtained orally or by letter
shall be listed separately. Dates and locations of all meetings shall
be specified.
(3)
Geologic survey and protection requirements.
(a)
Applicability.
[1]
In areas which are underlain by carbonate rock,
such as limestone and dolomite, as defined and established by the
geological survey of the New Jersey State Department of Environmental
Protection and/or the United States Geological Survey, a more detailed
geologic evaluation, in addition to the basic requirements of an environmental
impact statement in § 190-804C(2) hereinabove, is required
to assess the effect of the proposed development on groundwater quality
and the stability of the geology to support increased loads and reductions
in soil cover from the proposed site improvements.
[2]
The Township of Allamuchy relies on a clean supply
of subsurface water to foster and promote human health, welfare and
economic and social development. Therefore, the purposes of enacting
this section are to protect, preserve and enhance a sensitive and
valuable potable groundwater resource area and to reduce the frequency
of structural damage to public and private improvements by sinkhole
or subsidence in areas of carbonate geology, thus protecting the public
health, safety and welfare and ensuring orderly development within
the Township.
[3]
The Geologic Map contained in the "physical characteristics
analysis" section of the Allamuchy Township's Master Plan Background
Studies indicates an extensive area in the northern portion of the
Township is underlain by the Kittatiny Group and marble and skarn,
which are carbonate geologic formations. For the purposes of this
chapter, any area which may be underlain by carbonate rock shall be
considered a potential critical geological area. Critical geological
areas may require extraordinary and exceptional construction methods
to mitigate the adverse impact of development on the environment.
(b)
Geologic inventory. Any developer of a potential
critical geological area or any developer of lands which drain to
potential critical geological areas shall conduct an initial investigation
for determining any adverse impact which might be created by the development.
The investigation shall include the following:
[1]
Review of relevant U.S. Geological Survey quadrangle
sheets and New Jersey Geological Survey mappings; the Warren County
Soil Survey indicating soils present on the subject site; and the
"physical characteristics analysis" of the Master Plan, Part I: Background
Studies of Allamuchy Township describing the geology of the Township.
[2]
A site plan or map at a scale of one inch equals
1,000 feet identifying the proposed development site with respect
to the critical geological area.
[3]
Aerial photographs at a minimum scale of one inch
equals 1,000 feet of the proposed development site and surrounding
area taken at times of minimal foliage cover.
[4]
Well surveys by the Warren County Health Department
and the Bureau of Water Allocation of the New Jersey Department of
Environmental Protection of all wells within 1/2 mile of the proposed
site and of all public supply wells within one mile of the proposed
site; for the purposes of these surveys, the circle containing the
outer boundaries of the proposed development site shall be the center
of the survey radii.
[5]
A site plan, at a scale of one inch equals 100
feet for tracts of 40 acres or less or one inch equals 200 feet for
tracts of more than 40 acres, with two-foot contour interval, identifying
surface water bodies, faults, outcroppings, springs, sinkholes, caves,
major depressions, disappearing streams, surface water flows, and
locations of all wells identified in accordance with § 190-804C(3)(b)[4]
hereinabove.
[6]
Written narrative describing the proposed use and
whether the use includes the storage or use of toxic or hazardous
materials.
[7]
Site reconnaissance by a qualified geologist or
professional engineer to identify drainage patterns and karst features
on or immediately adjacent to the site.
(c)
Geotechnical investigation report.
[1]
Where the Board, with the advice of the Environmental Commission, the Township Engineer and/or the Township's geotechnical engineering consultant, determine that further investigation is warranted to determine the extent of potential geologic hazards, the applicant shall prepare a geotechnical investigation report. The applicant's geotechnical/geological professional shall prepare a program of investigation, including reference to site-specific investigation techniques, equipment, program objectives and remediation techniques, and shall submit all information required in this subsection and the checklist attached to this chapter, entitled "Details Required for Geotechnical Investigation Report." Approval of the program by the Township's geotechnical engineering consultant must be obtained prior to initiating any investigative work.
[2]
The approval or denial of the program will be provided
within 10 working days of receipt of the required completed checklist.
The applicant shall provide formal written notice of the planned start
date of any field investigations 10 working days in advance of such
planned start date.
[3]
The report shall include a formal site investigation
and geological evaluation. A pattern of test borings or test pits
shall be the primary evaluation technique and plans for backfilling
test pits and soil borings shall be included. Additionally, percussion
probes, seismic refraction or reflection, ground-penetrating radar,
or magnetic, gravity or conductivity geophysical surveys may be used
to interpolate conditions between test borings and pits to identify
and map subsurface rock types and subsurface anomalies, with specific
attention to existing solution cavities or caverns. Other exploration
techniques may be used if approved by a geotechnical engineering consultant
retained by the Township. The techniques may be as follows:
[a]
A pattern of monitoring wells, lysimeters or piezometers.
[b]
Plans for chemical analysis of the properties of
soils, rock formations and site groundwater.
[c]
Plans for the use of other testing methods, including
seismic, electromagnetic, acoustic, gravimetric, electric (conductivity)
or other techniques and methodologies as approved and accepted by
the Township geotechnical engineering consultant.
[4]
The geological evaluation described hereinabove
may be submitted independently of and in advance of the rest of the
environmental impact statement required by § 190-804C of
this chapter. The report shall evaluate site information gathered
during the geotechnical investigation and provide recommendations
for the planning, engineering design and construction techniques as
well as inspections to be utilized in the proposed development. The
report also shall propose engineering and design solutions to minimize
adverse environmental and structural impacts for the useful life of
the development as well as during construction. The Board, with the
advice of the Township's geotechnical engineering consultant and the
Township Environmental Commission, shall review and accept the report.
Upon recommendation of the Township's geotechnical engineering consultant
and Environmental Commission, the Board may rule that the geological
investigation and evaluation undertaken by a developer as required
by this chapter is inadequate to ensure the public health and safety,
and may require additional investigation or evaluation, the precise
nature and extent of which and the reasons therefor shall in each
and every case be identified in the Board ruling.
(d)
Development regulated within a critical geological
area.
[1]
Within a critical geological area, no residential
or nonresidential development shall be permitted which involves the
discharge of liquid wastes to or in the soils unless a positive demonstration
by the developer that such discharge will not so chemically react
with the underlying geology as to increase significantly the likelihood
that solution cavities or sinkholes will result, subject to the Board's
acceptance upon the recommendation of the Township's geotechnical
engineering consultant.
[2]
In any development where both on-site management
of sanitary waste and on-site water supply are proposed, Board approval
of a subdivision or site plan shall be contingent upon demonstration
by the developer that, based on probabilities of development of solution
cavities or sinks, proposed densities will not be adverse to the public
health and safety.
[3]
The subdivision or site plan for any development
to which this chapter applies shall address and respond to those problems
which have been identified in the geological evaluation required in
§ 190-804C(3)(c) hereinabove. Preliminary approval of a
subdivision or site plan shall be contingent upon the positive demonstration
by the developer that the following issues have been appropriately
addressed:
[a]
Appropriate site selection and design for buildings
and structures for stormwater management, water supply and waste disposal.
[b]
Adequate support for structures, roads and subsurface
utility lines; structural foundations reinforced to span soft soils
or sinkholes as necessary.
[c]
Stormwater and sanitary sewer lines designed and
constructed with watertight joints tested to ensure integrity.
[d]
All pipe materials, joints, construction methods
and materials for exfiltration testing to be approved by the Township
Engineer, with the advice of the Township's geotechnical engineering
consultant.
[e]
Water supply and other pressurized utility lines
intended to transport liquids underground, when laid down in soils
or bedrock in a critical geological area, shall be equipped with flow
alarms or automatic shutdown mechanisms to detect breaks which would
allow water or wastewater to wash down in an uncontrolled manner into
the natural drainage or recharge system, and to prevent such uncontrolled
washdown or flow.
[f]
Minimization of site grading and blasting requirement.
[g]
Identification of a general methodology for management
of sinkholes or solution cavities, depressions or other questionable
areas discovered during development or construction.
(e)
Other requirements.
[1]
The developer shall employ the services of an expert
qualified in karst geology to be on site during all construction activities
involving excavation.
[2]
The Township Engineer shall be informed promptly
of any geological anomalies discovered during construction.
[3]
Land use strategies, design concepts, engineering
solutions, and construction and operational procedures proposed in
the developer's report to the Board and agreed to by the Board shall
be scrupulously adhered to. A plan for periodic, post-development
evaluations and for the operations/maintenance of stormwater and other
such systems shall be prepared. A recorded developer's agreement shall
be executed and made part of all major subdivision and major site
plan approvals.
[4]
In any development or subdivision to which this
chapter applies and particularly any part of which lies within 500
feet of any natural stream or watercourse, Board approval of the overall
subdivision or site plan shall be contingent upon demonstration by
the developer to the satisfaction of the Board that the proposed development
and building plans shall not adversely affect the public health and
safety. The developer's demonstration may take the form of evidence
of the integrity or competence of the geological formation.
(f)
Exceptions.
[1]
In the event the literal enforcement of one or
more of the provisions of this chapter is impracticable or will exact
undue hardship because of peculiar conditions pertaining to the land
in question and the developer is unable to comply with all the provisions
hereof, he may apply to the Land Use Board for the grant of exceptions
from the requirements of this chapter.
[2]
Such application for the grant of exceptions shall
be made to the Land Use Board in conjunction with the application
for preliminary major subdivision or preliminary major site plan approval.
[3]
The Land Use Board shall hold a hearing on the
request for the grant of such exceptions simultaneously with the public
hearing required, pursuant to N.J.S.A. 40:55D-10, to be held upon
the application for preliminary major subdivision or preliminary major
site plan applications, as the case may be.
[4]
The construction of improvements in developments
underlain by critical geological formations is herewith deemed to
constitute an extraordinary circumstance, thereby rendering inapplicable
the engineer inspection and review fee limitations otherwise provided
by N.J.S.A. 40:55D-53(h) and enabling the charging of inspection fees
in excess thereof, which in all cases shall be reasonable and shall
otherwise comply with the requirements of N.J.S.A. 40:55D-53.
(4)
Disposition by the Board. The Board shall review the information
furnished in the environmental impact statement in the context of
the overall design of the proposed development and the relationship
of the proposed development to the environment. The information is
to be used solely to help ensure that the proposed development will
cause no reasonably avoidable damage to any environmental resource.
D.
Traffic impact statement.
(1)
General provisions.
(a)
The impact on the existing road systems generated
by land development necessitates a comprehensive analysis of the variety
of problems that may result and the actions that can be taken to minimize
the problems. Therefore, all preliminary major subdivision applications
resulting in the generation of more than 10 lots and/or all preliminary
major site plan applications shall be accompanied by a traffic impact
statement unless specifically waived by the Board. Any application
for subdivision approval where less than 10 lots are involved and
all applications for minor site plan approval shall not require a
traffic impact statement unless specifically requested by the Board.
[Amended 7-18-2006 by Ord. No. 2006-14]
(b)
The Board may waive the requirement for a traffic
impact statement totally or partially only if sufficient evidence
is submitted to the Board indicating that the proposed project will
have a negligible traffic impact or, alternatively, that a complete
report need not be prepared and submitted in order to evaluate adequately
the specific traffic impact to be generated by the proposed development.
The burden of demonstrating the exceptions hereinabove stated shall
at all times rest with the applicant, who must affirmatively demonstrate
to the Board the basis for a waiver request.
(2)
Contents of report. The traffic impact statement shall contain
the following information:
(a)
Projections of traffic to be generated by the proposed
development for average daily, morning peak hour(s), afternoon peak
highway hour(s) and any other peak traffic condition deemed applicable
as a result of the type and/or location of the proposed generator.
Traffic generation rates should be based upon local indices, where
applicable, or rates promulgated by the Institute of Transportation
Engineers, where local indices are not available. All rates should
be documented in the report. Also, the method and data base upon which
traffic approach route distributions are based shall be fully documented.
Any assumptions regarding the diversion of existing traffic to alternative
routes should be clearly specified in the report.
(b)
The report shall contain documentation of existing
conditions on adjacent streets serving immediate site access/egress,
including roadway pavement width, rights-of-way, curb parking conditions,
site visibility, grade and curvatures of roadway and traffic control
devices. Existing traffic volumes or average daily and peak hour conditions
shall be presented with the source of data denoted.
(c)
Assessment of the traffic impact of the proposed
development shall be provided, including estimates of levels of services.
In preparing these estimates, assumptions regarding the annual growth
rate of existing traffic should be fully documented. Capacity determination
shall be based upon normally accepted standards, with the basis of
these estimates clearly indicated. All substantial applications for
development, both within Allamuchy Township and neighboring municipalities,
which recently have been built, are under construction, have been
approved for construction or are being considered for approval, shall
be factored in the analysis. In the event the project is staged over
a period of time, independent estimates for each stage shall be provided.
(d)
In the event that roadway deficiencies are identified
for existing and/or future conditions, specific recommendations for
the resolution of these problems shall be addressed in the report.
The report shall contain a listing of any and all actions to be undertaken
by the applicant to resolve or minimize traffic problems and, as such,
shall be considered a firm offer by the applicant to undertake said
actions, subject to approval by the Board.
(e)
Any alteration or amendment to the development
application which would substantially alter specific land uses, site
acreage, building floor area, highway access design or any other feature
which could cause a significant change in traffic generation rates
shall require the submission of a revised traffic impact statement.
Included in this portion of the traffic impact statement shall be
an addressment of transportation control measures which would reduce
the number of vehicular trips generated by the proposed development
in accordance with the traffic circulation plan element of the Township
Master Plan.
(f)
In situations where state or county highways are
adjacent to and/or potentially impacted by the proposed project, a
copy of the report shall be provided to the Commissioner of Transportation,
New Jersey Department of Transportation, for state highways and the
Warren County Department of Transportation for county highways, for
their review and comment.
(3)
Disposition by the Board. The Board shall review the information
furnished in the traffic impact statement in the context of the overall
design of the proposed development and the traffic impact of the proposed
development on the affected road system. The information is to be
used to determine whether or not the proposed development will create
any negative impact(s) upon the roadway system, adjacent properties
or the zone plan of the municipality. The traffic impact statement
shall be forwarded to the Township Traffic Consultant and/or Board
Engineer for review and comment.
E.
Action by the Township on preliminary major subdivision plats
and preliminary major site plans.
(1)
The Land Use Board or its designee shall review the aforesaid
application for the purpose of determining, within 45 days of its
submission, whether said application is complete. Thereafter:
[Amended 7-18-2006 by Ord. No. 2006-14]
(a)
If said application is found to contain all of
the information required by § 190-804B of this chapter,
the Board or its designee shall certify that said application is complete
and direct the application to the Land Use Board.
(b)
If said application is found to lack some of the
information required by § 190-804B of this chapter, the
Board or its designee shall either:
[1]
Cause the applicant to be notified, in writing
and within 45 days of the submission of the application, that said
application is incomplete, specifying the deficiencies in the application;
or
[2]
If the Board or its designee reasonably concludes
that the missing items of information are not applicable to the subject
application and/or are not necessary to make an informed decision
on the application, said Board or its designee may waive the requirement
that said items be supplied as a prerequisite for completeness and
certify that the application is complete notwithstanding the missing
items.
(c)
If waivers of checklist items have been specifically
requested by the applicant in the application for development, the
Land Use Board shall act on the request for waivers within 45 days
of application submission. Where a waiver of a checklist item is requested
for any or all portions of an environmental impact statement or a
geotechnical investigation report (§ 190-804C), the Secretary
of the Land Use Board shall forward the application and waiver request
directly upon receipt of the application to the Environmental Commission
and the Township's geotechnical engineering consultant for their review
and advice to the Board pursuant to § 190-804C of this chapter.[1]
(d)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 190-804B, and said request shall be the subject of a resubmitted application treated as a new submission, which shall be acted upon in accordance with Subsection E(1)(a), (b) or (c) hereinabove.
(2)
On the date the aforesaid application is certified complete
or on the 46th day following the submission of the application in
the event the Board or its designee fails to make a determination
of completeness, as the case may be, the applicable time period within
which the Board must act upon the application shall commence.
(a)
In any case, the applicant is obliged to prove
that he or she is entitled to approval of the application.
(b)
The Board may subsequently require correction of
any information found to be in error, may require submission of additional
information not specified in this chapter, and/or may require revisions
in the application documents, all as are reasonably necessary to make
an informed decision as to whether the requirements for approval of
the application have been met; provided, however, that the application
shall not be deemed incomplete for lack of any such additional information
or revisions.
(3)
Promptly after certification of completeness, the application
documents shall be distributed by the Secretary of the Board to the
following:
(a)
The Land Use Board (nine copies each of the preliminary
plat or plans in the reduced sheet size; the application; the environmental
impact statement; the geotechnical investigation report, when required;
the traffic impact statement; and any protective covenants, easements
and/or deed restrictions);
[Amended 7-18-2006 by Ord. No. 2006-14]
(b)
Board Attorney (one copy each of the preliminary
plat or plan; the application; the environmental impact statement;
the geotechnical investigation report, when required; the traffic
impact statement; and any protective covenants, easements and/or deed
restrictions);
(c)
Township Engineer (one copy each of the preliminary
plat or plan; the application; the environmental impact statement;
the geotechnical investigation report, when required; the traffic
impact statement; and any protective covenants, easements and/or deed
restrictions);
(d)
Board Planner (one copy each of the preliminary
plat or plan; the application; the environmental impact statement;
the geotechnical investigation report, when required; the traffic
impact statement; and any protective covenants, easements and/or deed
restrictions);
(e)
Zoning Officer (one copy of the preliminary plat
or plan);
(f)
Environmental Commission (one copy of the preliminary
plat or plan; the environmental impact statement and the geotechnical
investigation report, when required);
(g)
Township's geotechnical engineering consultant
(one copy of the preliminary plat or plan; the environmental impact
statement and the geotechnical investigation report, when required);
(h)
Warren County Land Use Board (three copies each
of the preliminary plat or plan; the application; the environmental
impact statement; the geotechnical investigation report, when required;
the traffic impact statement; and any protective covenants, easements
and/or deed restrictions);
(i)
At the direction of the Land Use Board, additional
copies of the preliminary plat or plan and/or other items of submitted
information shall be sent to other Township, county or state agencies
and/or to other professional consultants as may be designated by the
Board; and
[Amended 7-18-2006 by Ord. No. 2006-14]
(j)
It shall be the applicant's responsibility, unless
specifically provided otherwise in this chapter, to submit the required
application to any agency (including but not limited to the Warren
County Health Department, the Warren County Soil Conservation District,
and the New Jersey State Department of Environmental Protection) having
jurisdiction over any aspect of the proposed development.
(4)
The Land Use Board shall take action on a preliminary major
site plan application involving 10 acres of land or less and 10 dwelling
units or less and/or a preliminary major subdivision application involving
10 lots or less within 45 days after the application has been certified
complete or within such further time as may be consented to by the
applicant. Failure of the Board to act within the prescribed time
period shall constitute approval of the application, provided that
any preliminary major site plan or preliminary major subdivision application
which includes any requested variance relief pursuant to N.J.S.A.
40:55D-60 and § 190-801A(2) of this chapter shall be acted
upon within 120 days or within such further time as may be consented
to by the applicant.
(5)
The Land Use Board shall take action on a preliminary major
site plan application involving more than 10 acres of land or more
than 10 dwellings and/or a preliminary major subdivision application
involving more than 10 lots within 95 days after the application has
been certified complete or within such further time as may be consented
to by the applicant. Failure of the Board to act within the prescribed
time period shall constitute approval of the application, provided
that any preliminary major site plan or preliminary major subdivision
application which includes any requested variance relief pursuant
to N.J.S.A. 40:55D-60 and § 190-801A(2) of this chapter
shall be acted upon within 120 days or within such further time as
may be consented to by the applicant.
(6)
The Land Use Board shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction in the time frame(s) as prescribed in Subsection E(4) and (5) hereinabove unless said preliminary major site plan or preliminary major subdivision application is being considered by the Land Use Board simultaneously with an application for a use variance in accordance with N.J.S.A. 40:55D-70d and § 190-702D of this chapter, in which case the Land Use Board shall act upon all aspects of the application within 120 days after the application has been certified complete by the Land Use Board or Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
[Amended 7-18-2006 by Ord. No. 2006-14]
(7)
Upon request of the Board, the professional staff of the Board
and any designated development committee shall read any written reports
submitted concerning the application and shall review the submission
to ascertain its conformity with the requirements of this chapter.
The professional staff of the Board and any designated development
committee shall offer their recommendations to the Land Use Board.
[Amended 7-18-2006 by Ord. No. 2006-14]
(8)
All hearings held on applications for preliminary major subdivision
approval (and in certain cases, preliminary major site plan approval)
shall require public notice of the hearing. The Board shall set the
date, time and place for the public hearing and shall inform the applicant
of this at least 14 days prior to said hearing date. Notice of the
hearing shall be given by the applicant at least 10 days prior to
the date of the hearing. (See § 190-706D.)
(9)
For any application that is heard by the Land Use Board and
is continued for additional studies, reports, plans or revisions to
previously submitted material, the new or revised material must be
submitted to the Township at least 10 days prior to the hearing at
which the new material is to be considered by the Board. When plan
revisions are submitted, a new compact disk containing the CAD-generated
data files in accordance with the requirements in § 190-804A(1)
of this chapter must be submitted by the applicant.
[Amended 7-18-2006 by Ord. No. 2006-14]
(10)
In the case of planned developments only, the Board shall find
the following facts and conclusions prior to granting approval:
(b)
That the proposals for maintenance and conservation
of the common space are reliable and the amount, location and purpose
of the common open space are adequate.
(c)
That provision through the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic, and the amenities of light and air, recreation
and visual enjoyment are adequate.
(d)
That the proposed planned development will not
have an unreasonably adverse impact upon the area in which it is proposed
to be established.
(e)
In the case of a proposed development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate.
(11)
If the Board acts favorably on the preliminary plat or plan,
the Township Engineer and the Chairman and Secretary of the Board
(or the acting Chairman or Secretary, where either or both may be
absent) shall affix their signatures to at least 10 copies of the
plat or plan with the notification that it has been approved and the
date of approval. The applicant shall furnish copies of the approved
plan to the Board for signature as well as one compact disk in compliance
with § 190-804A(1) of this chapter.
(12)
Should minor revisions or additions to the plat or plan be deemed
necessary, the Board may grant preliminary approval subject to specified
conditions and receipt of revised plans within 30 days from the date
of said approval. Revised plans will then be reviewed by the Board's
professional staff to verify conformity with the resolution of approval
within 30 days after receipt of the revised submission. Five copies
of the revised, verified plan shall then be signed by the Township
Engineer. Two copies will be sent to the Township and one copy will
be returned to the applicant. After the final development plans have
been approved by the Township Engineer, seven complete sets should
be submitted to the Township. The plans will be stamped approved and
distributed to staff with one set returned to the applicant.
(13)
Any resolution by the Board shall be deemed to include a contingency
that all necessary approvals by other agencies having jurisdiction
over any aspect of the proposed development are required as a condition
of the Board's approval.
(a)
Any substantial plan revision required by an outside
reviewing agency, including the County Land Use Board, after final
action by the Land Use Board will require a new substantive review.
[Amended 7-18-2006 by Ord. No. 2006-14]
(b)
Whenever a development application which has been
the subject of a public hearing has been substantially amended, the
Board shall require that an amended plat or plan be submitted and
acted upon as in the case of the original application.
(14)
If the Board, after consideration and discussion of the preliminary
plat or plan, determines that it is unacceptable, a notation shall
be made by the Chairman of the Board to that effect on the plat or
plan and a resolution adopted in accordance with § 190-704F
of this chapter setting forth the reasons for such rejection. One
copy of the plat or plan and said resolution shall be returned to
the applicant within 10 days of the adoption of said resolution.
(15)
The Secretary of the Board shall distribute a copy of the Board's
resolution to the Township Clerk and Township Council.
F.
Effect of preliminary approval of major subdivision plats and
major site plans.
(1)
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date on which the resolution
of preliminary approval is adopted:
(a)
That the general terms and conditions on which
preliminary approval was granted shall not be changed, including but
not limited to use requirements; layout and design standards for streets,
curbs and sidewalks; lot size; yard dimensions; and off-tract improvements;
and in the case of a site plan, any requirements peculiar to site
plan approval, except that nothing therein shall be construed to prevent
the municipality from modifying by ordinance such general terms and
conditions of preliminary approval as relate to public health and
safety;
(b)
That the applicant may submit for final approval,
on or before the expiration date of preliminary approval, the whole
or a section or sections of the preliminary plat or plan; and
(c)
That the applicant may apply for and the Board
may grant extensions on such preliminary approval for additional periods
of at least one year, but not to exceed a total extension of two years,
provided that, if the design standards have been revised by ordinance,
such revised standards may govern.
(2)
Extension.
(a)
In the case of a subdivision or of a site plan
for an area 50 acres or more, the Board may grant the rights referred
to in § 190-804F(1) hereinabove for such period of time,
longer than three years, as shall be determined by the Board to be
reasonable, taking into consideration:
(b)
The applicant may apply for thereafter, and the
Board may thereafter grant, an extension to preliminary approval for
such additional period of time as shall be determined by the Board
to be reasonable, taking into consideration:
[1]
The number of dwelling units and nonresidential
floor area permissible under preliminary approval;
[2]
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval;
[3]
Economic conditions;
[4]
The comprehensiveness of the development; and
[5]
Provided that, if the design standards have been
revised by ordinance, such revised standards may govern.
(3)
Whenever the Board grants an extension of preliminary approval pursuant to Subsection F(1)(c) or (2) hereinabove and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Board shall grant an extension of preliminary approval for
a period determined by the Board, but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the approvals.
(a)
A developer shall apply for this extension before:
1) what would otherwise be the expiration date; or 2) the 91st day
after the date on which the developer receives the last of the legally
required approval from the other governmental entities, whichever
occurs later.
(5)
If a developer proposes to install any public improvements prior
to final approval, he/she shall submit to the Land Use Board, prior
to the start of any clearing or construction on site, the information
required in § 190-804B(46) of this section, which shall
be reviewed and approved as part of any application for preliminary
major subdivision and/or site plan approval.
[Amended 7-18-2006 by Ord. No. 2006-14]
A.
Procedure for submitting final major subdivision plats and final
major site plans.
[Amended 7-18-2006 by Ord. No. 2006-14]
(1)
A final plat or final plan shall be submitted to the Secretary
of the Land Use Board within three years after the date of preliminary
approval or any authorized extension thereof.
(2)
The applicant shall submit to the Secretary of the Land Use
Board at least three weeks prior to the meeting at which the application
is to be heard for completeness:
(a)
Eighteen copies of the final major subdivision
plat or final major site plan;
(b)
Eighteen copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter, and a fee in accordance with § 190-901 of this chapter. The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedures set forth herein for submitting and acting upon final major subdivision plats and final major site plans, and agrees to be bound by it; and
(c)
One compact disk containing the CAD-generated data
file(s), referenced into the New Jersey North American Datum 1983,
1996 adjustment (NAD 83). Where applicable, topographic elevations
shall be in the New Jersey North American Vertical Datum 1988 (NAVD
88).
B.
Details required for final major subdivision plats and final
major site plans. The following information shall be submitted:
(1)
Certification that the applicant is the owner of the land or
his properly authorized agent or that the owner has given his consent
under an option agreement.
(2)
All details stipulated in § 190-804B of this chapter
and, for subdivision plats only, all information and data required
by the Map Filing Law.
(3)
All additional details required at the time of preliminary approval
shall be submitted, including a copy of the signed preliminary plat
or plan in conformance with the resolution of approval.
(4)
A final section or phasing plan, if proposed, indicating the
portion of the tract to be considered for final approval as part of
the current application, the relationship of the portion of the tract
to the remaining land area, including all applicable comparisons,
such as parking spaces, building coverage, lot coverage, open space
areas and number of lots, and the location of topsoil and material
stockpiles and construction staging areas in the phase to be considered
for final approval.
(5)
Detailed architectural and engineering data, including:
(a)
An architect's design drawing of each building
and sign or a typical building and sign showing front, side and rear
elevations.
(b)
Cross sections, plans, profiles and established
grades of all streets, aisles, lanes and driveways, including center-line
geometry and horizontal alignments with bearings, radii and tangents.
(c)
Plans and profiles of all storm and sanitary sewers
and water mains.
(d)
All dimensions of the exterior boundaries of any
subdivision shall be balanced and closed to a precision of one to
5,000 and the dimensions of all lot lines to within one to 10,000.
All dimensions, angles and bearings must be tied to at least two permanent
monuments not less than 300 feet apart, and all information shall
be indicated on the plat. At least one corner of the subdivision shall
be tied horizontally to the New Jersey State Plane Coordinate System
and vertically to the New Jersey vertical datum of 1929, with the
data on the plat as to how the bearings were determined.
(e)
Plans, profiles, cross sections and details of
any retaining walls, showing the height of the walls, the elevation
at the top and bottom of each wall, the materials to be used, a profile
and cross section of the wall, any proposed plantings, any safety
barriers, calculations of anticipated earth and hydrostatic pressures
and surcharges, and calculations detailing the wall design.
(6)
A list of all known licenses, permits and other forms of approval
required by law for the development and operation of the proposed
project. The list shall include approvals required by the Township,
as well as agencies of the county, state and federal 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.
(7)
Final grades.
(a)
Final grades shall be in accordance with § 190-519
of this chapter and shall be shown for each lot, all high and low
points and breaks in grade, basement and first floor elevation of
structures, finished grade of septic systems, if applicable, and at
the corners of tentative structure locations. If the use of drainage
swales is intended, the elevation of these swales shall be shown.
The minimum grade of disturbed areas shall be 1 1/2%.
(b)
As a condition precedent to the issuance of certificates
of occupancy, the developer shall submit an as-built lot grading plan,
if required in § 190-1002G of this chapter, to the Township,
with a professional engineer's certification stating that the lot
grading complies with the approved final lot grading and soil erosion
control plans.
(8)
The final submission shall be accompanied by the following:
(a)
Certification from the Township Tax Collector that
all taxes and assessments are paid to date, and certification from
the Township Finance Office that all prior escrow fees have been posted.
(b)
Letters signed by a responsible official of the
lighting agency, water company, sewer utility and of any other company
or governmental authority or district which provides accessory utility
service and has jurisdiction in the area, approving each proposed
utility installation design and stating that the applicant paid the
required fees for the utility connections and service or installed
all utility improvements in accordance with the requirements of this
chapter so that service will be available prior to occupancy. If the
improvements have been constructed on the site, the designing engineer(s)
shall certify to the Board, as part of the as-built plans required
to be submitted under § 190-902H(4), that the existing cross
section(s) and profile(s) have been run in the field, and the field
notes shall be forwarded to the Township Engineer.
(c)
The applicant shall certify in writing to the Board
that he:
(d)
A statement from the Township Engineer that:
[1]
All improvements installed prior to application
have been inspected as provided in § 190-902 of this chapter
and as-built drawings have been submitted by the applicant for the
installed improvements; and
[2]
That such improvements installed prior to application
for final approval that do not meet or exceed Township standards shall
be factored into the required performance guarantee.
(e)
Concerning major subdivisions only, a "sales map"
in the following format and containing the information noted hereinbelow.
The developer of the subject major subdivision shall provide all contract
purchasers with a copy of the sales map at the time of contract and
maintain a record of the contract purchasers' receipt of the sales
map for the Township's reasonable inspection.
[1]
The sales map shall be at a scale of not more than
100 feet to the inch, unless otherwise approved by the Board;
[2]
The sales map shall identify the location of all
on-site flood hazard areas, streams, ponds, wetlands, wetland buffers,
steep slopes and stormwater facilities and, to the extent available
from preexisting public records, such features within 200 feet of
the development also shall be identified;
[3]
The sales map shall specifically note any area
underlain by carbonate rock identified as a "critical geological area"
in accordance with § 190-804C(3) of this chapter, both within
the subject property and within 200 feet of its boundaries;
[4]
The sales map shall show the location and recite
the terms of any and all deed restrictions and/or easements on each
individual lot within the subdivision;
[5]
The sales map shall show the zoning district classification
of all property within the development and within 2,000 feet of the
development, both within and outside of the Township, including a
brief description of the permitted uses in each zoning district;
[6]
The sales map shall show the adjacent land uses,
with an indication of any deed-restricted uses (i.e., farmland or
open space);
[7]
The sales map shall show the development plan for
the subject property and all land contiguous thereto for a distance
of 2,000 feet from the perimeter of the development, including lands
outside of the Township, with the following information indicated
thereon:
[a]
The location of all railroads, landfills, power
transmission lines and easements, pipelines, rights-of-way for public
utilities and any existing utilities;
[b]
The location of all streets, with those streets
to be connected to the proposed development clearly highlighted; and
[c]
The location of all state, county and Township
roads, both in existence and/or proposed by any governmental agency
having jurisdiction to establish such roads.
(9)
Deed descriptions and metes and bounds of all easements, covenants,
restrictions and roadway and sight triangle dedications.
C.
Action by the Township on final major subdivision plats and
final major site plans.
(1)
The Land Use Board or its designee shall review the aforesaid
application for the purpose of determining, within 45 days of its
submission, whether said application is complete. Thereafter:
[Amended 7-18-2006 by Ord. No. 2006-14]
(a)
If said application is found to contain all of
the information required by § 190-805B of this chapter,
the Board or its designee shall certify that said application is complete
and direct the application to the Board.
(b)
If said application is found to lack some of the
information required by § 190-805B of this chapter, the
Board or its designee shall either:
[1]
Cause the applicant to be notified, in writing
and within 45 days of the submission of the application, that said
application is incomplete, specifying the deficiencies in the application;
or
[2]
If the Board or its designee reasonably concludes
that the missing items of information are not applicable to the subject
application and/or are not necessary to make an informed decision
on the application, said Board or its designee may waive the requirement
that said items be supplied as a prerequisite for completeness and
certify that the application is complete notwithstanding the missing
items.
(c)
If waivers of checklist items have been specifically
requested by the applicant in the application for development, the
Land Use Board shall act on the request for waivers within 45 days
of application submission.
(d)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 190-805B, and said request shall be the subject of a resubmitted application treated as a new submission, which shall be acted upon in accordance with Subsection C(1)(a), (b) or (c) hereinabove.
(2)
On the date the aforesaid application is certified complete
or on the 46th day following the submission of the application in
the event the Board or its designee fails to make a determination
of completeness, as the case may be, the applicable time period within
which the Board must act upon the application shall commence.
(a)
In any case, the applicant is obliged to prove
that he or she is entitled to approval of the application.
(b)
The Board may subsequently require correction of
any information found to be in error, may require submission of additional
information not specified in this chapter, and/or may require revisions
in the application documents, all as are reasonably necessary to make
an informed decision as to whether the requirements for approval of
the application have been met; provided, however, that the application
shall not be deemed incomplete for lack of any such additional information
or revisions.
(3)
Promptly after certification of completeness, the application
documents shall be distributed by the Secretary of the Board to the
following:
(a)
The Land Use Board (nine copies each of the final
plat or plan and the application);
[Amended 7-18-2006 by Ord. No. 2006-14]
(b)
Township Engineer (one copy each of the final plat
or plan and the application);
(c)
Board Attorney (one copy each of the final plat
or plan and the application);
(d)
Township Zoning Officer (one copy of the preliminary
plat or plan);
(e)
Warren County Land Use Board (three copies each
of the final plat or plan and the application);
(f)
At the direction of the Land Use Board, additional
copies of the preliminary plat or plan and/or other items of submitted
information shall be sent to other Township, county or state agencies
and/or to other professional consultants as may be designated by the
Board; and
[Amended 7-18-2006 by Ord. No. 2006-14]
(g)
It shall be the applicant's responsibility, unless
specifically provided otherwise in this chapter, to submit the required
application to any agency (including but not limited to the Warren
County Health Department, the Warren County Soil Conservation District,
and the New Jersey State Department of Environmental Protection) having
jurisdiction over any aspect of the proposed development.
(4)
The Board shall take action on final site plan and final subdivision
applications within 45 days after the application has been certified
complete or within such further time as may be consented to by the
applicant. Failure of the Board to act within the prescribed time
period shall constitute approval of the application.
(5)
Upon request of the Board, the professional staff of the Board
and any designated development committee shall read any written reports
submitted concerning the application and shall review the submission
to ascertain its conformity with the requirements of this chapter.
The professional staff of the Board and any designated development
committee shall offer their recommendations to the Land Use Board.
[Amended 7-18-2006 by Ord. No. 2006-14]
(6)
Signing.
(a)
If the Board acts favorably on the final plat or
plan, the Township Engineer and the Chairman and Secretary of the
Board (or the acting Chairman or Secretary, where either or both may
be absent) shall affix their signatures to at least 10 paper copies
of the plat or plan with the notification that it has been approved
and the date of approval.
(b)
The applicant shall furnish such copies to the
Board for signing. At the same time the final plat or plan copies
are submitted for signatures, the applicant shall submit a CAD-generated
data file(s), referenced into the New Jersey North American Datum
1983, 1996 adjustment (NAD 83). Where applicable, topographic elevation
shall be in the New Jersey North American Vertical Datum 1988 (NAVD
88). The digital CAD files shall have mapped features and associated
text stored on unique layers. The CAD files shall be saved with a
display view matching the submitted hardcopy print.
[2]
At the discretion of the applicant, the office
of the Township Engineer may be requested to do the required conversion
to CAD at a fee in accordance with the Tax Map revision fees established
in § 190-901A(16) of this chapter.
[3]
Moreover, in the case of final subdivisions only,
the applicant shall include for signing one cloth copy and at least
two translucent tracing cloth or Mylar copies of the approved plat
in addition to the 10 paper copies.
(7)
For any application that is heard by the Land Use Board and
is continued for additional studies, reports, plans or revisions to
previously submitted material, the new or revised material must be
submitted to the Township at least 10 days prior to the hearing at
which the new material is to be considered by the Board. When plan
revisions are submitted, a new compact disk containing the CAD-generated
data files in accordance with the requirements in § 190-805A
of this chapter must be submitted by the applicant.
[Amended 7-18-2006 by Ord. No. 2006-14]
(8)
Should minor revisions or additions to the plat or plan be deemed
necessary, the Board may grant preliminary approval subject to specified
conditions and receipt of revised plans within 30 days from the date
of said approval. Revised plans will then be reviewed by the Board's
professionals to verify conformity with the resolution of approval
within 30 days after receipt of the revised submission. Five copies
of the revised, verified plan shall then be signed by the Township
Engineer. Two copies will be sent to the Township, and one copy will
be returned to the applicant. After the final development plans have
been approved by the Township Engineer, seven complete sets should
be submitted to the Township. The plans will be stamped "approved"
and distributed to staff, with one set returned to the applicant.
(9)
Any resolution by the Board shall be deemed to include a contingency
that all necessary approvals by other agencies having jurisdiction
over any aspect of the proposed development are required as a condition
of the Board's approval.
(a)
Any substantial plan revision required by an outside
reviewing agency, including the County Land Use Board, after final
action by the Land Use Board will require a new substantive review.
[Amended 7-18-2006 by Ord. No. 2006-14]
(b)
Whenever a development application which has been
the subject of a public hearing has been substantially amended, the
Board shall require that an amended plat or plan be submitted and
acted upon as in the case of the original application.
(10)
After approval of the final plat or plan by the Board, the Secretary
of the Board shall retain one paper copy of the signed plat or plan
and shall furnish other copies to each of the following within 10
days from the date of the adoption of a resolution in accordance with
§ 190-706F of this chapter:
(a)
Township Clerk (one paper copy and one copy of
the Board's resolution);
(b)
Township Engineer (one paper copy and, in the case
of subdivisions only, one translucent cloth or Mylar copy drawn to
the Tax Map scale of one inch equals 100 feet or one inch equals 400
feet, as directed by the Township Engineer);
(c)
The Department of Community Affairs (one paper
copy);
[Amended 2-19-2013 by Ord. No. 2013-02]
(d)
Township Tax Assessor (one paper copy);
(e)
The applicant (one paper copy and, in the case
of subdivisions only, one Mylar copy); and
(f)
Such other Township, county or state agencies and
officials as directed by the Board.
(11)
Within 95 days from the date of signing of the final subdivision
plat, the subdivider shall file a copy of same with the Warren County
Clerk. In the event of failure to file within said 95 days, the approval
of the major subdivision shall expire and any further proceedings
shall require the filing of a new application as in the first instance.
The Board, for good cause shown, may extend the filing for an additional
95 days.
(a)
The Board may extend the ninety-five-day or one-hundred-ninety-day
period if the developer proves to the reasonable satisfaction of the
Board:
(b)
The length of the extension shall be equal to the
period of delay caused by the wait for the required approvals, as
determined by the Land Use Board. The developer may apply for an extension
either before or after the original expiration date.
(12)
If the Board, after consideration and discussion of the final
plat or plan, disapproves the submission, a notation to that effect
shall be made by the Chairman of the Board on the plat or plan. The
Secretary of the Board, within 10 days of such adoption, shall notify
the applicant of such disapproval and forward the applicant a copy
of the adopted resolution setting forth the reasons for the disapproval.
D.
Effect of final approval of major subdivision plats and major
site plans.
(1)
Final approval of a subdivision or site plan shall confer upon
the applicant the following rights for a period of two years from
the date on which the resolution of final approval is adopted:
(a)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer,
whether conditionally or otherwise, shall not be changed.
(b)
If the developer has followed the standards prescribed
for final approval, the Board may extend the period of protection
for extensions of one year each, not exceeding three such extensions.
(2)
Extension.
(a)
In the case of a subdivision or site plan for a
planned development or residential cluster of 50 acres or more, or
in the case of a conventional subdivision or site plan of 150 acres
or more, the Board may grant the rights referred to in § 190-805D(1)
hereinabove for such period of time, longer than two years, as shall
be determined by the Board to be reasonable, taking into consideration:
(b)
The developer may apply for thereafter, and the
Board may thereafter grant, an extension to final approval for such
additional period of time as shall be determined by the Board to be
reasonable taking into consideration:
(3)
Whenever the Board grants an extension of final approval pursuant to Subsection D(1)(b) or (2) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Board shall grant an extension of final approval for a period
determined by the Board but not exceeding one year from what would
otherwise be the expiration date, if the developer proves to the reasonable
satisfaction of the Board that the developer was barred or prevented,
directly or indirectly, from proceeding with the development because
of delays in obtaining legally required approvals from other governmental
entities and that the developer applied promptly for and diligently
pursued the approvals.
(a)
A developer shall apply for this extension before:
1) what would otherwise be the expiration date; or 2) the 91st day
after the date on which the developer receives the last of the legally
required approval from the other governmental entities, whichever
occurs later.
A.
Applicability. Any developer proposing a planned development
at least 100 acres in size and as defined and permitted by this chapter
may elect to seek general development plan approval prior to the granting
of any preliminary approval for the proposed development.
B.
Details required for general development plans. The applicant
shall submit 18 copies of the general development plan to the Secretary
of the Land Use Board at least three weeks prior to the meeting of
the Board at which the application is to be heard. Each general development
plan shall be drawn by a professional engineer and/or land surveyor
licensed to practice in the State of New Jersey and shall bear the
signature, seal, license number and telephone number of the said professional
engineer and/or land surveyor; provided, however, that all engineering
data shall be signed and sealed by a professional engineer and all
surveying data shall be signed and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less than
one inch equals 100 feet and shall be submitted on one of four of
the following standard sheet sizes (8 1/2 inches by 13 inches,
15 inches by 21 inches, 24 inches by 36 inches, 30 inches by 42 inches).
If one sheet is not sufficient to contain the entire tract, the map
may be divided into sections to be shown on separate sheets of equal
sizes, with reference on each sheet to the adjoining sheets. Each
general development plan shall show the following information:
(1)
Certification that the applicant is the owner of the land or
his properly authorized agent or that the owner has given his consent
under an option agreement.
(2)
Certificate from the Township Tax Collector that all taxes and
assessments have been paid to date.
(3)
A key map showing the entire tract and its relation to the surrounding
areas, at the scale of the Township Tax Map, and providing sufficient
information to identify the tract location.
(4)
Title block in accordance with the rules governing title blocks
for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of development, Township of Allamuchy, Warren
County, New Jersey, with each sheet specifically titled with appropriately
descriptive words;
(b)
Name, title, address and telephone number of applicant;
(c)
Name, title, address, telephone number, license
number and signature of the professional or professionals who prepared
the plan;
(d)
Name, title and address of the owner or owners
of record;
(e)
Scale (written and graphic); and
(f)
Date of original preparation and of each subsequent
revision thereof and a list of the specific revisions entered on each
sheet.
(5)
North arrow and meridian.
(7)
Acreage to the nearest tenth of an acre, and a computation of
the area of the tract to be disturbed.
(8)
The names and lot and block numbers of all property owners within
200 feet of the extreme limits of the tract as shown on the most recent
tax list prepared by the Township Tax Assessor.
(9)
Existing tax sheet number(s) and existing block and lot number(s)
of the lot(s) to be subdivided or developed as they appear on the
Township Tax Map, and proposed block and lot numbers as provided by
the Township Tax Assessor upon written request.
(10)
Tract boundary line (heavy solid line).
(11)
Zoning districts affecting the tract and within 200 feet thereof,
including district names and requirements, and a comparison to the
application.
(12)
The locations and dimensions of existing and proposed bridges
and the location of natural features such as wetlands (including wetlands
transition zones), wooded areas, and any extensive rock formations,
both within the tract and within 200 feet of its boundaries.
(13)
A land use plan indicating the entire tract, which shall include
the following:
(a)
Both maps and text indicating the specific land
areas to be devoted to specific land uses;
(b)
Residential land areas specifically indicating
the acreage, density and the type of dwelling units proposed;
(c)
Nonresidential land areas, if permitted, specifically
indicating the acreage, square footage and floor/area ratio, and the
specific type of use proposed;
(d)
The conceptual footprints of all proposed buildings
with typical dimensions;
(e)
The approximate and maximum height of all proposed
buildings;
(f)
The location of parking areas and the number of
parking spaces;
(g)
Typical distances between buildings, from tract
boundary lines and between adjacent land areas devoted to a different
type of land use; and
(h)
General calculations of impervious surface coverage,
disaggregating building coverage from parking, driveway and street
coverage.
(14)
An open space and recreation plan indicating the general location
of the land areas to be devoted to open space, conservation and recreational
purposes, including a general description of the improvements proposed
to be made thereon and a plan for the operation and maintenance of
said land areas. Documentation should accompany the open space and
recreational plan showing that the requirements of this chapter regarding
open space in the planned development have been satisfied.
(15)
A traffic circulation plan showing the general location and
types of transportation facilities, indicating all proposed collector
and local streets, and all proposed improvements to existing roads.
Moreover, the plan should indicate how the overall road network relates
to the terrain, to the overall design of the planned development,
to plans of the State of New Jersey and of Warren County, if any,
and to the road networks of the Township and neighboring municipalities.
A general assessment of the traffic impact of the proposed development
shall be provided and shall include estimated levels of service and
projections of traffic to be generated for peak hours.
(16)
A pedestrian circulation plan showing the general location and
types of facilities for pedestrian access within the planned development.
(17)
A utility plan indicating the general location of existing and
proposed sewer and water lines, pump stations, water supply wells,
sewage treatment plants and proposed methods for handling solid waste
disposal. Additionally, tract connections to electric, gas, cable
and telephone facilities shall be generally indicated, and a plan
for the operations and maintenance of the proposed utilities shall
be submitted.
(18)
A stormwater management plan indicating in general terms the
proposed method of controlling and draining water on and from the
site and including sufficient supportive calculations as required
by the Land Use Board Engineer in order to ascertain the adequacy
of the plan. Additionally, a conceptual description of the intended
soil erosion and sediment control plan shall be provided.
(19)
A community facilities plan indicating the scope and type of
supporting community facilities to be provided.
(20)
A housing plan indicating the number of housing units to be
provided and compliance with the requirements of this chapter regarding
the "Mt. Laurel II" obligations of the development.
(21)
An environmental inventory including a general description of
the vegetation, soils, topography, geology, surface hydrology, climate
and cultural resources of the site, existing man-made structures or
features and the probable impact of the development on the environmental
attributes of the site and including a geologic inventory pursuant
to § 190-804C(3)(b) of this chapter, if required.
(22)
A proposed timing schedule where the planned development is
intended to be developed over a number of years, indicating the areas
to be developed in each stage and the priority of each stage. The
eventual development of each stage should be related to the land use
plan, the traffic circulation plan, the stormwater management plan
and the utility plan in order to ensure that the proposed timing schedule
is a workable one, that a reasonable balance of the different components
of the proposed development are maintained in each stage, and that
the interests of the public and of the residents and employees, as
applicable, who occupy any section of the planned development prior
to the completion of the development in its entirety will be protected.
Residential and open space portions of the planned development are
to be developed prior to the nonresidential portions, in a ratio to
be determined by the Land Use Board during its review of the proposed
planned development.
(23)
A local service plan indicating the public services which the
applicant proposes to provide and which shall include, but not be
limited to, water, sewer, cable and solid waste disposal.
(24)
A community impact statement describing the anticipated demographic,
school and fiscal costs and benefits of the planned development, including
a detailed projection of property tax revenues which will accrue to
the Township, county and Board of Education according to the staging
plan and following the completion of the planned development in its
entirety.
(25)
A municipal development agreement, in writing, providing for
the effectuation of any agreements between the developer and the Township,
including a schedule of payments for off-tract improvements and contributions
relating to road improvements, utility improvements and "Mt. Laurel
II" obligations.
C.
Action by the Township.
(1)
The Land Use Board or its designee shall review the application
for the general development plan for the purpose of determining, within
45 days of its submission, whether said application is complete. Thereafter:
(a)
If said application is found to contain all of
the information required by § 190-806B of this chapter hereinabove,
the Board or its designee shall certify that said application is complete
and direct the application to the Land Use Board.
(b)
If said application is found to lack some of the
information required by § 190-806B of this chapter, the
Board or its designee shall either:
[1]
Cause the applicant to be notified, in writing,
that said application is incomplete, specifying the deficiencies in
the application; or
[2]
If the Land Use Board or its designee reasonably
concludes that the missing items of information are not applicable
to the subject application and/or are not necessary to make an informed
decision on the application, said Board or its designee may waive
the requirement that said items be supplied as a prerequisite for
completeness and certify that the application is complete notwithstanding
the missing items.
(c)
If waivers of checklist items have been specifically
requested by the applicant in the application, the Land Use Board
shall act on the request for waivers within 45 days of application
submission.
(d)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 190-806B, and said request shall be the subject of a resubmitted application treated as a new submission, which shall be acted upon in accordance with Subsection C(1)(a), (b) or (c) hereinabove.
(2)
On the day the aforesaid application is certified complete,
the applicable time period within which the Board must act upon the
application shall commence. In any case, the applicant is obliged
to prove that he or she is entitled to approval of the application.
The Board may subsequently require correction of any information found
to be in error, may require submission of additional information not
specified in § 190-806B of this chapter, and/or may require
revisions in the application documents, each and all as are reasonably
necessary in order for the Board to make an informed decision as to
whether the requirements for approval of the application have been
met, provided that the application shall not be deemed incomplete
for lack of any such additional information or revisions.
(3)
Promptly after certification of completeness, the application
documents shall be distributed by the Secretary of the Land Use Board
in the same manner as set forth in this chapter for a preliminary
site plan. [See § 190-804E(3).]
(4)
The Land Use Board shall grant or deny an application for general
development plan approval within 95 days after the application has
been certified complete or within such further time as may be consented
to by the applicant. Failure of the Board to act within the prescribed
time period shall constitute approval of the application.
(5)
Any proposed application determined by the Board to be creating,
imposing, aggravating or leading to the possibility of an adverse
effect upon either the property in question or upon adjacent properties
may be required to be revised to mitigate the adverse effect(s) prior
to further review or approval by the Board.
(6)
The Board shall find the following facts and conclusions prior
to granting general development plan approval:
(a)
That departures by the proposed development from
zoning regulations otherwise applicable to the subject property conform
to the zoning provisions specified in this chapter pursuant to N.J.S.A.
40:55D-65c;
(b)
That the proposals for maintenance and conservation
of the common space are reliable, and the amount, location and purpose
of the common open space are adequate;
(c)
That 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, recreation
and visual enjoyment are adequate;
(d)
That the proposed planned development will not
have an unreasonably adverse impact upon the area in which it is proposed
to be established; and
(e)
In the case of a proposed planned development which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and of
the residents, occupants and owners of the proposed development in
the total completion of the development are adequate.
(7)
All hearings held on any application for general development
plan approval shall require public notice of the hearing. The Board
shall set the date, time and place for the hearing and shall inform
the applicant of this at least 14 days prior to said hearing date.
Notice of the hearing shall be given by the applicant at least 10
days prior to the date of the hearing in accordance with the requirements
of this chapter.
D.
Effect of general development plan approval.
(1)
The terms of the effect of the general development plan approval
shall be determined by the Land Use Board, but shall not exceed 20
years from the date upon which the developer receives final approval
of the first section of the planned development. In making its determination
regarding the duration of the effect of approval of the development
plan, the Land Use Board shall consider: the number of dwelling units
to be constructed; prevailing economic conditions; the timing schedule
to be followed in completing the development and the likelihood of
its fulfillment; the developer's capability of completing the proposed
development; and the contents of the general development plan and
any conditions which the Land Use Board attaches to the approval thereof.
(2)
The general development plan shall set forth the permitted number
of dwelling units and the square footage of nonresidential uses according
to a timing schedule which sets forth the timing of the various sections
of the development. The planned development shall be developed in
accordance with the general development plan approved by the Land
Use Board, notwithstanding any provision of N.J.S.A. 40:55D-1 et seq.,
or any ordinance or regulations adopted pursuant thereto after the
effective date of the approval.
(3)
In the event that the developer seeks to modify the proposed
timing schedule, such modification shall require the approval of the
Land Use Board. The Land Use Board shall, in deciding whether or not
to grant approval of the modification, take into consideration prevailing
economic and market conditions, anticipated and actual needs for the
residential units within the Township and the region, and the availability
and capacity of public facilities to accommodate the proposed development.
(4)
Variation in location of land uses.
(a)
Except as provided hereunder, the developer shall
be required to gain the prior approval of the Land Use Board if, after
the approval of the general development plan, the developer wishes
to make any variation in the location of land uses within the planned
development or to increase the density of residential development
or the square footage of nonresidential development in any section
of the planned development.
(b)
Any variation in the location of land uses or increase
in the density or floor area ratio proposed in reaction to a negative
decision of, or condition of development approval imposed by, the
Department of Environmental Protection pursuant to P.L. 1973, c. 185
(N.J.S.A. 13:19-1 et seq.) shall be approved by the Land Use Board
if the developer can demonstrate to the satisfaction of the Land Use
Board that the variation being proposed is a direct result of such
determination by the Department of Environmental Protection.
(5)
Once a general development plan has been approved by the Land
Use Board, annual written and oral status reports shall be delivered
by the landowner to both the Land Use Board and Township Council at
approximate twelve-month intervals subsequent to the date of approval
and prior to the completion of the development. Moreover, the general
development plan may be amended or revised only pursuant to approval
by the Land Use Board of an application submitted by the developer,
except that a developer without violating the terms of the approval
pursuant to this chapter may in undertaking any section of the planned
development reduce the number of residential units by no more than
15% or reduce the residential density by more than 15%; provided,
however, that a developer may not reduce the number of residential
units accounted for pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301
et seq.).
(6)
Completion of section of development.
(a)
Upon the completion of each section of the development
as set forth in the approved general development plan, the developer
shall notify the Administrative Officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purpose of this section, "completion" of any section
of the development shall mean that the developer has acquired a certificate
of occupancy for every residential unit and nonresidential building
as set forth in Section 15 of P.L. 1975, c. 217, and the approved
general development plan pursuant to c. 217 (N.J.S.A. 52:27D-133).
(b)
If a developer does not complete any section of
the planned development within eight months of the date provided for
in the approved plan, or if at any time the Township has cause to
believe that the developer is not fulfilling his obligations pursuant
to the approved plan, the Township shall notify the developer, by
certified mail, and the developer shall have 10 days within which
to give evidence he is fulfilling his obligation pursuant to the approved
plan. The Township thereafter shall conduct a hearing to determine
whether or not the developer is in violation of the approved plan.
If, after such a hearing, the Township finds good cause to terminate
the approval, it shall provide written notice of same to the developer,
and the approval shall be terminated 30 days thereafter.
(7)
In the event that a developer who has general development plan
approval does not apply for preliminary approval for the planned development
which is the subject of that general development plan within five
years of the date upon which the general development plan has been
approved by the Land Use Board, the Township shall have cause to terminate
the approval.
(8)
In the event that a planned development which is the subject
of an approved general development plan is completed before the end
of the term of approval, the approval shall terminate with the completion
of the development. For the purposes of this section, a development
shall be considered complete on the date upon which a certificate
of occupancy has been issued for the final residential structure in
the last section of the development in accordance with the timing
schedule set forth in the approved general development plan and the
developer has fulfilled all of his obligations pursuant to the approval.
(9)
No portion of any lands having received general development
plan approval shall be conveyed separately from the entire lands having
received general development plan approval until said portion has
received formal preliminary site plan approval.
[Added 12-17-2013 by Ord.
No. 2013-16]
A.
Title; purpose; scope.
(1)
Title. This section shall be known and cited as the "Township
of Allamuchy Highlands Preservation Area Exemption Ordinance."
(2)
Purpose. The purpose of this section is to set forth the procedural
and substantive requirements by which the municipality will issue
Highlands Act exemption determinations. Such determinations pertain
only to Highlands Act Exemptions 1, 2, 4, 5, 6, 7, and 8. Highlands
Act exemption determinations indicate whether proposed activities,
improvements or development projects affecting lands located within
the Township Highlands Area are exempt from the Highlands Water Protection
and Planning Act ("Highlands Act," N.J.S.A. 13:20-1 et seq.), and
are therefore exempt from the Highlands Water Protection and Planning
Council's ("Highlands Council") Regional Master Plan, the New Jersey
Department of Environmental Protection's (NJDEP) Highlands Water Protection
and Planning Act Rules ("Preservation Area Rules," N.J.A.C. 7:38-1
et seq.), and from any amendments to the Township's master plan, development
regulations, or other regulations adopted pursuant to the approval
of the Township's Petition for Plan Conformance by the Highlands Council.
(3)
Scope/applicability. The provisions of this section pertain to activities, improvements and development projects involving lands located within the Township Highlands Preservation Area. The Highlands Preservation Area comprises that portion of the municipality for which the applicable provisions of the Township Master Plan, land use ordinances and other pertinent regulations have been deemed by the Highlands Council to be in conformance with the Highlands Regional Master Plan (RMP) [see Subsection C(1)(a)]. The provisions of this section shall not be construed to alleviate any person or entity from the provisions and requirements of any other applicable ordinances, rules, or regulations of the municipality, or from any other applicable law, regulation, or requirement of any county, state, or federal authority having jurisdiction. Nor shall the provisions of this section deprive any person or entity from seeking a Highlands exemption determination from the NJDEP.
(4)
Statutory authority. This section is adopted under the authority
of the Highlands Act and the New Jersey Municipal Land Use Law ("MLUL,"
N.J.S.A. 40:55D-1 et seq.). In the Highlands Act, the Legislature
identified numerous categories of activities that are exempt from
the Act, the RMP, the Preservation Area Rules, and any amendments
to a master plan, development regulations, or other regulations adopted
by a local government to conform them with the RMP. See N.J.S.A. 13:20-28.
The Legislature granted the Highlands Council the authority to administer
the plan conformance process and to approve, reject, or approve with
conditions municipal plan conformance petitions. See N.J.S.A. 13:20-14,
13:20-15. The Legislature, through the MLUL, granted authority to
New Jersey municipalities to govern land use and development within
their borders and, through the Highlands Act, established requirements
for Highlands municipalities to conform their land use and development
regulations with the RMP. In a July 19, 2012, memorandum of understanding
(MOU) between the Highlands Council and the NJDEP, the Council and
the NJDEP recognized the circumstances in which it would be appropriate
for conforming, Highlands Council-certified municipalities to make
determinations regarding specified Highlands Act exemptions.
(5)
Severability. If any section, sentence, clause or phrase of
this section is held to be invalid or unconstitutional by any court
of competent jurisdiction, such holding shall in no way affect the
validity of the section as a whole, or of any other portion thereof.
(6)
Effective date. This section shall take effect after final passage
and publication in the manner required by law.
B.
Definitions.
(1)
Word usage. Terms used in the body of this section which are
defined by the Highlands Act (N.J.S.A. 13:20-3) are intended to have
the same definitions as provided in the Highlands Act. Unless expressly
stated to the contrary or alternately defined herein, terms which
are defined by the MLUL are intended to have the same meaning as set
forth in the MLUL. For purposes of this section, the terms "shall"
and "must" are indicative of a mandatory action or requirement while
the word "may" is permissive.
(2)
AGRICULTURAL IMPERVIOUS COVER
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
AGRICULTURAL OR HORTICULTURAL USE
APPLICANT
APPLICATION FOR DEVELOPMENT
BUILDING PERMIT
CONSTRUCTION PERMIT
DEVELOPMENT
DISTURBANCE
DISTURBANCE, ULTIMATE
ENVIRONMENTAL LAND USE OR WATER PERMIT
FARM MANAGEMENT UNIT
FARMSITE
FOREST MANAGEMENT PLAN
HIGHLANDS APPLICABILITY DETERMINATION
HIGHLANDS AREA
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
IMMEDIATE FAMILY MEMBER
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
MAJOR HIGHLANDS DEVELOPMENT
MASTER PLAN
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
MUNICIPAL LAND USE LAW (MLUL)
NJDEP
NJDEP PRESERVATION AREA RULES
PLANNING AREA
PRESERVATION AREA
SOLAR PANEL
STRUCTURE
Definitions. For purposes of this section the following definitions
shall apply:
Agricultural or horticultural buildings, structures or facilities
with or without flooring, residential buildings and paved areas, but
not meaning temporary coverings. (N.J.S.A. 13:20-3.)
Construction for the purposes of supporting common farmsite
activities, including but not limited to the production, harvesting,
storage, grading, packaging, processing, and the wholesale and retail
marketing of crops, plants, animals, and other related commodities
and the use and application of techniques and methods of soil preparation
and management, fertilization, weed, disease, and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing.
(N.J.S.A. 13:20-3.)
The use of land for common farmsite activities, including
but not limited to the production, harvesting, storage, grading, packaging,
processing, and the wholesale and retail marketing of crops, plants,
animals, and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease, and pest control, disposal of farm waste, irrigation,
drainage and water management, and grazing. (N.J.S.A. 13:20-3.)
Any entity applying to the Board of Health, Land Use Board,
Zoning Officer, Department of Community Affairs or other applicable
authority of the municipality for permission or approval to engage
in an activity that is regulated by the provisions of this section.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, or direction of the
issuance of a permit pursuant to Section 25 or 27 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-34 or 40:55D-36).
Used interchangeably with the term "construction permit;"
see definition below.
A permit issued pursuant to the New Jersey Uniform Construction
Code, Chapter 23 of Title 5 of the New Jersey Administrative Code
(N.J.A.C. 5:23-1 et seq.), providing authorization to begin work subject
to the conditions and requirements established under the provisions
therein.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or other structure, or
of any mining excavation or landfill, and any use or change in the
use of any building or other structure, or land or extension of use
of land, for which permission may be required pursuant to the MLUL.
(N.J.S.A. 13:20-3; 40:55D-4.).
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
(N.J.S.A. 13:20-3.)
The total existing or proposed area of disturbance of a lot,
parcel, or other legally designated (or otherwise legally recognized)
tract or subdivision of land, for the purpose of, and in connection
with, any human activity, property improvement, or development, including
the surface area of all buildings and structures, all impervious surfaces,
and all associated land disturbances such as excavated, filled, and
graded areas, and all lawn and landscape areas. Ultimate disturbance
shall not include areas of prior land disturbance which at the time
of evaluation: a) contain no known man-made structures (whether above
or below the surface of the ground) other than such features as old
stone rows or farm field fencing; and b) consist of exposed rock outcroppings,
or areas which, through exposure to natural processes (such as weathering,
erosion, siltation, deposition, fire, flood, growth of trees or other
vegetation) are no longer impervious or visually obvious, or ecologically
restored areas which will henceforth be preserved as natural areas
under conservation restrictions.
A permit, approval, or other authorization issued by the
Department of Environmental Protection pursuant to the Freshwater
Wetlands Protection Act, P.L. 1987, c. 156 (N.J.S.A. 13:9B-1 et seq.),
the Water Supply Management Act, P.L. 1981, c. 262 (N.J.S.A. 58:1A-1
et seq.), the Water Pollution Control Act, P.L. 1977, c. 74 (N.J.S.A.
58:10A-1 et seq.), the Realty Improvement Sewerage and Facilities
Act (1954), P.L. 1954, c. 199 (N.J.S.A. 58:11-23 et seq.), the Water
Quality Planning Act, P.L. 1977, c. 75 (N.J.S.A. 58:11A-1 et seq.),
the Safe Drinking Water Act, P.L. 1977, c. 224 (N.J.S.A. 58:12A-1
et seq.), or the Flood Hazard Area Control Act, P.L. 1962, c. 19 (N.J.S.A.
58:16A-50 et seq.). (N.J.S.A. 13:20-3.)
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise. (N.J.S.A. 13:20-3.)
A farm management unit as defined above.
A written guidance document describing the forest resources
present on a property, the landowner's management goals and objectives,
and the recommended practices or activities to be carried out over
time on the land. This tool is used to evaluate a forestland's current
state and provide a management process which, over time, meets the
landowner's objectives, while maintaining health and vigor of the
resource. Forest management plans are typically written for a ten-year
period. (RMP, Glossary.)
A determination made by the NJDEP (pursuant to N.J.A.C. 7:38-2.4)
indicating whether a project proposed for the Preservation Area is
a major Highlands development, whether any such major Highlands development
is exempt from the Highlands Act, and whether the project is consistent
with the applicable Areawide Water Quality Management Plan.
That portion of the municipality for which the land use planning
and regulation are in conformance with, or are intended or proposed
to be in conformance with, the Highlands RMP.
An approval issued by the NJDEP pursuant to N.J.A.C. 7:38-6
pertinent to a regulated activity in the Highlands Preservation Area,
and including an HPAA that contains a waiver pursuant to N.J.S.A.
13:20-33b.
A spouse, child, parent, sibling, aunt, uncle, niece, nephew,
first cousin, grandparent, grandchild, father-in-law, mother-in-law,
son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister,
half brother, or half sister, whether the individual is related by
blood, marriage, or adoption. (N.J.S.A. 13:20-3.)
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, including, but not limited to,
porous paving, paver blocks, gravel, crushed stone, decks, patios,
elevated structures, and other similar structures, surfaces, or improvements.
(N.J.S.A. 13:20-3.)
The total area of all existing or proposed impervious surfaces
situated or proposed to be situated within the boundary lines of a
lot, parcel, or other legally recognized subdivision of land, expressed
either as a measure of land area such as acreage, or square feet,
or as a percentage of the total lot or parcel area.
Except as otherwise provided pursuant to Subsection a of
Section 30 of the Highlands Act ("Exemptions"): 1) any nonresidential
development in the Preservation Area; 2) any residential development
in the Preservation Area that requires an environmental land use or
water permit (from the NJDEP, see definition above), or that results
in the ultimate disturbance of one acre or more of land or a cumulative
increase in impervious surface by one-quarter acre or more; 3) any
activity undertaken or engaged in the Preservation Area that is not
a development but results in the ultimate disturbance of one-quarter
acre or more of forested area or that results in a cumulative increase
in impervious surface by one-quarter acre or more on a lot; or 4)
any capital or other project of a state entity or local government
unit in the Preservation Area that requires an environmental land
use or water permit (from the NJDEP, see definition above), or that
results in the ultimate disturbance of one acre or more of land or
a cumulative increase in impervious surface by one-quarter acre or
more. Major Highlands development shall not include any agricultural
or horticultural development or agricultural or horticultural use.
Solar panels shall not be included in any calculation of impervious
surface. (As defined by the Highlands Act, N.J.S.A. 13:20-1 et seq.,
as amended.).
For purposes of this section, all references to the "Township
Master Plan," "master plan," or "Master Plan," refer to the municipal
master plan, as defined in the MLUL (N.J.S.A. 40:55D-5), as adopted
by the Township Land Use Board.
For purposes of this section, all references to the Highlands
Regional Master Plan (RMP) shall be by use of the words "Highlands
Regional Master Plan," "Highlands RMP," "Regional Master Plan," or
"RMP."
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
New Jersey Department of Environmental Protection.
The regulations established by the NJDEP to implement requirements
of the Highlands Act, titled "Highlands Water Protection and Planning
Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
Lands within the Highlands Region that are not located in
that portion designated by the Highlands Act as the "Preservation
Area" (see metes and bounds description at N.J.S.A. 13:20-7b).
Lands within the Highlands Region that are located in that
portion designated by the Highlands Act as the "Preservation Area"
(see metes and bounds description at N.J.S.A. 13:20-7b).
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
flat plate, focusing solar collectors, or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy, or
array. (N.J.S.A. 13:20-3.)
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
C.
Geographic area of applicability.
(1)
Highlands Planning Area and Preservation Area. The Highlands
Act establishes the Preservation Area and Planning Area of the Highlands
Region. It describes the varied attributes of each and sets forth
the major land use planning goals that pertain to the lands located
within each. The Act defines the geographic extent of the Highlands
Region to include the aggregated land area making up its constituent
municipalities (N.J.S.A. 13:20-7a). It provides a physical delineation
of the Preservation Area by use of a specific metes and bounds description
(N.J.S.A. 13:20-7b), designating all remaining lands within the Highlands
Region as the Planning Area.
(a)
Highlands Area. The Township Master Plan incorporates
the Highlands Preservation Area, inclusive of the goals applicable
to it, as an integral component of the planning and land use policies
of the municipality. For purposes of this section, this area is designated
as the Township Highlands Area. A map of the Township Highlands Area
appears in Exhibit A. [NOTE: Exhibit A is on file in the Allamuchy
Township Municipal Clerk's Office and is made part of the original
section.]
(b)
Applicability specified. This section applies specifically
and solely to lands designated as the Township Highlands Area, as
delineated in Exhibit A.
D.
Highlands Act exemption determinations.
(1)
Highlands Act exemptions. Section 30 of the Highlands Act identifies as exempt specific activities, improvements and development projects affecting lands within the Highlands Region. Such activities, improvements and projects may be proposed as a component of any type of land use application submitted to the municipality for approval, including but not limited to zoning permit applications, building permit applications, and applications for development [as defined at Subsection B(2)]. Any such qualifying activity, improvement or development project is exempt, with regard specifically to that activity, improvement or development project, from the requirements of the Highlands Act, the Highlands RMP, the NJDEP Preservation Area Rules, and any amendments to the Township's master plan, development regulations, or other regulations adopted pursuant to the approval of Township's Petition for Plan Conformance by the Highlands Council. Such an exemption specifically applies to any Highlands Area land use ordinance adopted by the Township pursuant to the Highlands Council's approval of Township's Petition for Plan Conformance. Where any application submitted to the municipality for approval proposes to rely upon a Highlands Act exemption, the applicant must, as a condition of application completeness, and prior to review or approval of the application by the applicable municipal authority, provide sufficient evidence that the proposed activity, improvement, or development project in fact qualifies as a Highlands Act exemption. Such evidence shall consist of either a state agency exemption determination or a municipal exemption determination [see Subsection D(1)(a) or (b) below] indicating that the proposed activity, improvement, or development project qualifies for a Highlands Act exemption.
(a)
State agency exemption determination. State agency exemption determinations shall consist of a Highlands applicability determination issued by the NJDEP. State agency determinations may be requested with regard to any Highlands Act exemption, however for applications involving any exemption not identified at Subsection D(2) below, a state agency exemption determination is required. Any applicant seeking a formal exemption determination for a capital or other project of any state entity or local government unit, or for any other publicly owned or controlled land or facility, also must request a state agency exemption determination.
(b)
Municipal exemption determination. For an application involving any of the specific exemptions listed in Subsection D(2) below, the applicant may request a municipal exemption determination. The applicant may rely upon the findings of a municipal exemption determination to the same extent as would apply to an exemption determination issued by the NJDEP.
(2)
Highlands Act exemptions eligible for municipal determination.
Effective as of the date on which the municipality receives written
authorization from the Highlands Council to proceed, an applicant
may seek a municipal exemption determination for the Highlands Act
exemptions listed hereunder.
(a)
Exemption 1. The construction of a single-family
dwelling, for an individual's own use or the use of an immediate family
member, on a lot owned by the individual on the date of enactment
of the Highlands Act (August 10, 2004) or on a lot for which the individual
entered into a binding contract of sale to purchase on or before May
17, 2004.
(b)
Exemption 2. The construction of a single-family
dwelling on a lot in existence on the date of enactment of the Highlands
Act (August 10, 2004), provided that the construction does not result
in the ultimate disturbance of one acre or more of land or a cumulative
increase in impervious surface by one-quarter acre or more.
[1]
A municipal exemption determination indicating that an applicant qualifies under Highlands Act Exemption 2 shall require approval and filing of a deed notice along with a site plan delineating the total exempt area and the extent of the disturbance recognized in the municipal exemption determination (see Subsection D(4) below). Municipal exemption determinations in such instances shall not take effect until the applicant has provided proof of filing of the approved deed notice.
(c)
Exemption 4. The reconstruction of any building
or structure for any reason within 125% of the footprint of the lawfully
existing impervious surfaces on the site, provided that the reconstruction
does not increase the lawfully existing impervious surface by one-quarter
acre or more. This exemption shall not apply to the reconstruction
of any agricultural or horticultural building or structure for a nonagricultural
or nonhorticultural use.
[1]
For purposes of this section, this exemption shall
not be construed to permit multiple one-hundred-twenty-five-percent
footprint expansions, but rather to permit one or more reconstruction
activities cumulatively resulting in a maximum one-hundred-twenty-five-percent
increase in the footprint of the impervious surfaces lawfully existing
on the site, provided they do not cumulatively exceed the one-quarter-acre
limitation. Any determination of whether the expansion of impervious
cover meets the statutory criteria for the exemption must account
for the preexisting impervious cover, and such expansion must be contiguous
to the location of the existing impervious cover. See In re August
16, 2007 Determination of NJDEP ex rel. Christ Church, 414 N.J. Super.
592 (App. Div. 2010), certif, denied, 205 N.J. 16 (2010).
[2]
The applicable date of lawful existence shall be
August 10, 2004, the date of enactment of the Highlands Act.
(d)
Exemption 5. Any improvement to a single-family
dwelling in existence on the date of enactment of the Highlands Act
(August 10, 2004), including but not limited to an addition, garage,
shed, driveway, porch, deck, patio, swimming pool or septic system.
(e)
Exemption 6. Any improvement, for nonresidential
purposes, to a place of worship owned by a nonprofit entity, society
or association, or association organized primarily for religious purposes,
or a public or private school, or a hospital, in existence on the
date of enactment of the Highlands Act (August 10, 2004), including
but not limited to new structures, an addition to an existing building
or structure, a site improvement, or a sanitary facility.
(f)
Exemption 7. An activity conducted in accordance
with an approved woodland management plan pursuant to Section 3 of
the Farmland Assessment Act, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.3),
or a forest stewardship plan approved pursuant to Section 3 of P.L.
2009, c. 256 (N.J.S.A. 13:1L-31), or the normal harvesting of forest
products in accordance with a forest management plan or forest stewardship
plan approved by the State Forester.
(g)
Exemption 8. The construction or extension of trails
with nonimpervious surfaces on publicly owned lands or on privately
owned lands where a conservation or recreational use easement has
been established.
(3)
Exemption designee(s). Municipal exemption determinations regarding
Highlands Act exemptions shall be issued by the Township Engineer
and/or Zoning Officer. The exemption designee(s) shall be authorized
to issue municipal exemption determinations on behalf of the municipality,
and shall only begin to do so after satisfactory completion of a Highlands
Council training class for which the individual(s) has/have received
formal certification from the Highlands Council.
(a)
Updates to training certification. In the event
of programmatic changes, updated information, or modifications to
procedures, updated training certification may be required of exemption
designees in order to maintain qualifications for providing municipal
exemption determinations. The Highlands Council will provide training
modules on an as-needed basis, to provide base training to new employees,
and/or to further the expertise of already certified individuals.
Exemption designees and the municipalities they serve will be advised
of any need for upgraded training, which will be provided and funded
by the Highlands Council.
(b)
Interim determinations. For the duration of any period during which the municipality is without a qualified exemption designee(s) due to changes in personnel or other extenuating circumstances, applicants seeking Highlands Act exemption determinations shall be referred to the NJDEP for a state agency determination pursuant to Subsection D(1)(a), above.
(4)
Application procedures.
(a)
Municipal exemption applications. Requests for municipal exemption determination shall be submitted on forms provided by the Township Planning Department and shall be accompanied by sufficient information and documentary evidence to demonstrate whether the proposed activity, improvement or development project qualifies for the applicable exemption. Required submission materials applicable to each exemption appear at Subsection D(8), below.
(b)
Completeness determination. The exemption designee
shall review the application and all accompanying materials to determine
whether sufficient information has been submitted to make a determination
on the application. In the event of a finding that the application
is incomplete, the exemption designee shall, within 15 calendar days
of receipt, issue such findings in writing to the applicant, indicating
what information is required to properly consider the application.
(c)
Time for determination. The exemption designee
shall issue municipal exemption determinations within 15 calendar
days of receipt of a complete application. The exemption designee
may consult with the NJDEP or the Executive Director (or applicable
designee) of the Highlands Council as needed in making any exemption
determination, however. In such circumstance, the exemption designee
shall seek such assistance within the fifteen-day period and shall
issue the determination within at least 10 calendar days of receiving
the requested guidance. In no case shall failure to meet this date
constitute approval of the exemption.
(d)
Determinations. All municipal exemption determinations shall be provided in writing, shall certify to the applicability or inapplicability of the exemption, and shall include a statement of the rationale for the decision. Any municipal exemption determination certifying to the applicability of Highlands Act Exemption 2 shall be contingent upon submission of proof of filing of the required deed notice, as set forth at Subsection D(4)(f), below.
(e)
Notice of determination required. The exemption
designee shall provide copies of all municipal exemption determinations,
including a copy of the full application, to the Highlands Council
and to the NJDEP within 10 business days of issuance.
(f)
Deed notice for Exemption 2. Any municipal exemption determination that certifies to the applicability of Highlands Act Exemption 2 [Subsection D(2) above], shall be issued conditionally, pending fulfillment of the requirement that a deed notice be recorded in the office of the County Clerk or Register, as applicable, indicating the extent of the exemption that has been consumed. The deed notice shall incorporate each of the components listed below and the applicant shall provide a copy of the filed deed notice to the Highlands Council within five business days of filing.
[1]
Clear identification of the name(s) and address(es)
of the owner(s) in fee of the property;
[2]
Designated tax block and lot number(s), street
address(es), municipality and county of location of the property;
[3]
Reference to the municipal exemption determination
(by date, numbering if applicable) issued and under which the deed
notice is being filed;
[4]
Description of the approved area of ultimate disturbance
and the impervious surface area, with verification that these remain
below the statutory limits;
[5]
For properties of one acre or more in area, metes
and bounds delineation indicating the portion of the property for
which the ultimate disturbance has been authorized;
[6]
Agreement to abide by the ultimate disturbance
and impervious surface limits imposed, any furtherance thereof rendering
the municipal exemption determination null and void; and
[7]
Notice that the owner(s) and subsequent owner(s)
and lessees shall cause all leases, grants, and other written transfers
of interest in the property to contain provisions expressly requiring
all holders thereof to take the property subject to the limitations
therein set forth.
(5)
Appeal of municipal exemption determination. A municipal exemption
determination may be appealed by any affected person/entity by filing
a notice of appeal within 20 calendar days of issuance or receipt
of said determination, whichever is later, specifying the grounds
therefor. Appeals must be filed with the NJDEP. All appeals shall
be copied to the exemption designee, who shall immediately transmit
to the NJDEP copies of the notice of appeal, the municipal exemption
determination application, and all supplemental materials constituting
the record that the exemption designee relied upon in issuing the
municipal exemption determination. Where the municipal exemption determination
deems an activity, improvement or development project exempt, the
filing of an appeal to the NJDEP shall stay all proceedings in furtherance
of its approval by the municipality.
(6)
Effect of certified exemption. Issuance of a municipal exemption
determination that certifies to the applicability of a Highlands Act
exemption shall recognize the applicant's exemption from the provisions
of the RMP, NJDEP Preservation Area Rules, and any municipal ordinances
and requirements adopted under the authority of the Highlands Act
to achieve Highlands Plan Conformance. The exemption is restricted
solely to the extent of the specified activity, improvement, or development
project as described in the language of the Highlands Act exemption,
or to any lesser activity, improvement, or development project as
proposed and certified through a municipal exemption determination
application. Any activity, improvement, or development project, or
any part thereof, that is not specifically listed as an exemption
or exceeds the limits of an exemption, remains subject to all of the
above regulatory programs to the full extent of the respective applicability
of each. Issuance of a Highlands exemption determination shall not
relieve the applicant from securing all other required federal, state,
or local approvals.
(7)
Application fees. All applications for a municipal exemption
determination shall be accompanied by a fee of $200 for the review
and shall be in the form of a check payable to the Township of Allamuchy.
If the application is deemed incomplete and returned for corrections
or additional information, the resubmission shall be accompanied by
an additional fee of $75.
(8)
Submission requirements. All applications shall be accompanied
by the municipal exemption determination application form, the applicable
fees, and the information listed below, as applicable to the particular
exemption or exemption(s) being sought by the applicant. All references
to professional preparers indicated herein shall be construed to include
any and all qualified individuals licensed, certified, or otherwise
eligible and authorized to complete such work, in accordance with
the applicable laws and legal requirements of the State of New Jersey
including but not limited to the MLUL (N.J.S.A. 40:55D-1 et seq.)
and Title 13 of the New Jersey Administrative Code, Law and Public
Safety. Where the exemption designee finds that any submission item
is not necessary to address the evidentiary requirements that must
be satisfied for issuance of an exemption determination, either because
alternate items have been provided by the applicant, or the relevant
information is readily available through records, maps, or any other
documents on file in the offices of the municipality, the exemption
designee may waive the applicant's obligation to submit such information.
(a)
Exemption 1.
[1]
A copy of a deed, closing or settlement statement,
title policy, tax record, mortgage statement or any other official
document showing that the lot was legally owned by the applicant on
or before August 10, 2004, and indicating the lot and block as designated
by the municipal tax mapping, the municipality and county in which
the lot is located, and the street address;
[2]
If the applicant did not own the lot, a copy of
the binding contract of sale executed by the seller and the applicant
on or before May 17, 2004, for the lot on which the house is to be
constructed; and
[3]
A certification by the applicant stating that the
single-family dwelling proposed for construction on the lot specified
and described therein by tax lot and block, municipality and county
of location, and street address, is intended for the applicant's own
use or the use of an immediate family member as identified therein
by name and relationship to the applicant.
(b)
Exemption 2.
[1]
A copy of the recorded deed or plat showing that
the lot was created on or before August 10, 2004, or proof of subdivision
approval on or before August 10, 2004;
[2]
A property survey certified by a licensed New Jersey
professional land surveyor indicating the property boundary lines
and overall lot size, and showing what structures currently exist
on the lot, if any;
[3]
A parcel plan certified by a licensed New Jersey
professional engineer showing all existing and proposed development,
including all structures, grading, clearing, impervious surface and
disturbance, and including the calculations supporting the claim that
impervious surfaces and areas of disturbance are within the limits
necessary for Exemption 2; and
(c)
Exemption 4.
[1]
A parcel plan certified by a licensed New Jersey
professional engineer depicting:
[a]
All existing property improvements, including all
structures, grading, clearing, impervious surfaces and limits of disturbance,
lawfully existing on the site as of August 10, 2004; and
[b]
All proposed development including all structures,
impervious surfaces, clearing limits, and limits of disturbance, including
grading; and
[2]
A copy of any official documentation of the original
date of construction of the building or otherwise establishing the
lawfulness of existing impervious surfaces.
(d)
Exemption 5.
[1]
A copy of any official documentation proving the
single-family dwelling was in existence on August 10, 2004;
[2]
A description of the proposed improvement; and
[3]
A certification from the applicant that the property
and all improvements will continue to be used for single-family dwelling
purposes.
(e)
Exemption 6.
[1]
A copy of any official documentation indicating
that the place of worship, public or private school or hospital was
in existence on August 10, 2004;
[2]
For improvements to a place of worship, documentation
showing that the entity, society or association, or association organized
primarily for religious purposes has nonprofit status;
[3]
A site plan certified by a licensed New Jersey
professional engineer depicting:
[a]
All existing property improvements including all
structures, grading, clearing, impervious surfaces and limits of disturbance,
existing on the site on August 10, 2004; and
[b]
All proposed development including all structures,
impervious surfaces, clearing limits, and limits of disturbance, including
grading.
(f)
Exemption 7.
[1]
For a private landowner with an approved woodland
management plan or forest stewardship plan:
[a]
A copy of the applicant's tax bill showing that
the site has farmland assessment tax status under the New Jersey Farmland
Assessment Act, N.J.S.A. 54:4-23.1 et seq., if applicable;
[b]
A brief description of the total area of woodlands
that is the subject of the approved woodland management plan or forest
stewardship plan;
[c]
A brief description of the length of time that
the area to be managed has been in use for woodland management or
forest stewardship plan; and
[d]
A copy of the approved woodland management plan
or forest stewardship plan.
[2]
For the normal harvesting of forest products in
accordance with a forest management plan or forest stewardship plan
approved by the State Forester:
[a]
A brief description of the total area where the
normal harvesting of forest products occurs;
[b]
A brief description of the length of time that
the area to be managed has been in use for normal harvesting of forest
products; and
[c]
A copy of a forest management plan or forest stewardship
plan approved by the State Forester.
(g)
Exemption 8.
[1]
A site plan certified by a licensed New Jersey
Professional Engineer showing the proposed trail construction with
details including the location, and width of existing and proposed
trails and those off-site trails to which they connect, if any;
[2]
A written description of the nonimpervious materials
to be used; and
[3]
For privately owned property, a copy of a deed
for the property and the conservation or recreational use easement
on the property.
