Township of Upper Deerfield, NJ Article XI Development Review Procedures

§ 405-69 Subdivision and site plan review.

A. Review required.

(1) All subdivisions and/or resubdivisions of land within Upper Deerfield Township, as defined in § 405-3 herein, shall be reviewed and approved by the Planning Board in accordance with provisions of this chapter.

(2) Except as otherwise provided, no zoning or building permit shall be issued for any building or use or any enlargement or alteration of any building or use unless a site plan for said building or use is first submitted to and approved by the Planning Board of the Township of Upper Deerfield, and no certificate of occupancy shall be given or remain valid unless all construction and site utilization conforms to an approved site plan. This requirement shall pertain to all uses and structures in all zoning districts, except that:

(a) Site plans shall not be required for any single-family detached dwelling; for permitted accessory uses to a single-family, detached dwelling, such as a private garage or swimming pool; or permitted accessory uses to a farm, such as barns, silos, farm offices, storage sheds or related structures.

[Amended 1-19-1996 by Ord. No. 449]

(b) Site plan review and approval will not be required in connection with the alteration and repair of an existing structure or use when the Zoning Officer determines that said alteration and/or repair:

[1] Will not result in additional lot coverage;

[2] Will conform to the maximum and minimum building standards as set forth in this chapter;

[3] Will not increase the number of off-street parking or loading spaces required as set forth in §§ 405-27 and 405-28 of this chapter; and

[4] Is not in connection with a use subject to the provisions of Article VIII of this chapter.

B. Application procedure.

(1) Any applicant for subdivision or site plan review and approval shall obtain all necessary forms from the Planning Board administrative officer. Said officer shall inform the applicant of the steps to be taken in securing Planning Board action and of the regular meeting dates of the Board. Except as otherwise provided in § 405-71E of this chapter, an applicant seeking minor subdivision, major subdivision, and/or site plan review and approval, or a conditional use permit shall, with the knowledge of the Zoning Officer, submit a fully completed application form and appropriate number of plans or plats as indicated below, and all other data, material or information as set forth in § 405-76 of this chapter, to the Planning Board administrative officer at least 20 days prior to a regularly scheduled Planning Board meeting. Any application to the Planning Board for approval of a site plan or subdivision must also be filed not less than 20 days prior to any regularly scheduled meeting of the Planning Board. The following number of plats or plans shall be submitted with the appropriate application form:

[Amended 8-2-1990 by Ord. No. 360; 12-27-2007 by Ord. No. 604; 12-30-2009 by Ord. No. 649]

	Type of Review		Number of Plats or Plans
	Minor subdivision		6 copies of the plat
	Major subdivision
		Preliminary plat	12 copies
		Final plat	10 paper copies and 2 linen or plastic copies
	Minor site plan		10 copies
	Major site plan
		Preliminary	12 copies
		Final	10 paper copies and 2 linen or plastic copies

(2) The Planning Board shall determine, on the basis of advice from the Municipal Engineer and the Board's administrative officer, that the application is complete and properly submitted as of that date or that the application is incomplete, in which latter case the developer shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of his initial submission as to the additional materials required. An amended application, together with any required revised site plan or major subdivision plat, shall be submitted in the same manner as the original application.

[Amended 12-27-2007 by Ord. No. 604]

C. Initial approvals.

(1) Minor subdivisions; site plans for conventional developments which involve 10 acres of land or less and 10 dwelling units or less. Applications for minor subdivision, as defined in this chapter, and for site plans for conventional developments of 10 acres or less shall not be subject to public hearing. Final approval in the case of minor subdivisions and preliminary approval in the case of site plans for 10 acres or less and 10 dwelling units or less shall be granted or denied within 45 days from the date an application is determined to be complete or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Clerk, the Municipal Engineer and the Municipal Tax Assessor. Copies filed with the Municipal Engineer and Tax Assessor must show proof of filing with the County Clerk. Any such plat or deed must be signed by the Chairman and Secretary of the Upper Deerfield Township Planning Board before it will be accepted for filing by the County Clerk.

(2) Major subdivisions; site plans for conventional development which involves more than 10 acres or more than 10 dwelling units; planned developments.

(a) Preliminary applications for major subdivision, site plans for conventional developments which involve more than 10 acres or more than 10 dwelling units or any planned development shall be subject to public hearing after notice properly given by the applicant as provided in § 405-78 of this chapter, and preliminary approval shall be granted or denied within 95 days from the date an application is determined to be complete or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the subdivision plat or site plan, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.

(b) In the event that preliminary approval of such a subdivision or site plan is denied because of failure to comply with municipal or regional development regulations, a notation to that effect, together with the signature of the administrative officer of the Planning Board, shall be placed on the plat, and reasons for the denial shall be stated in the denial resolution.

(c) Preliminary approval of a major subdivision, site plan or planned development shall be granted by resolution, which shall set forth any conditions that must be met, including required performance guaranties, and plat changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat or plan, said notation to clearly state that preliminary approval does not authorize recording in the case of a subdivision nor the issuance of a building permit in the case of a site plan, together with the signature of the Chairman or Secretary of the Upper Deerfield Township Planning Board.

(d) Preliminary approval of a subdivision plat or site plan shall confer upon the developer the following rights:

[1] That the general terms and conditions on which approval was granted shall not be changed for a three-year period from the date of the preliminary approval, unless modified by ordinance with respect to public health or public safety objectives.

[2] That the developer may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan.

[3] That the developer may apply for and the Planning Board may grant an extension of one year or longer, as provided in N.J.S.A. 40:55D-49 of the Municipal Land Use Law.

D. Final approval of site plans, major subdivisions and planned developments.

(1) Except as otherwise provided in § 405-71E of this chapter, a developer seeking final approval of a major subdivision, site plan or planned development shall, with the knowledge of the zoning administrative officer, submit six paper prints of the final plan, together with originals and processed tracings as required by the Map Filing Law in the case of subdivisions, along with a completed application form, to the Planning Board administrative officer at least 10 days prior to a regularly scheduled Planning Board meeting.

(2) The Planning Board, at its next regular meeting, shall determine, on the basis of advice from the Municipal Engineer and the Board's administrative officer, that the application is complete and properly submitted as of that date, or that the application is incomplete or in error, in which latter case the developer shall be advised, within 45 days of his initial submission for final approval, as to the additional material or corrections required. An amended application, together with any required revised plans, shall be submitted in the same manner as the original application.

(3) Final approval of a major subdivision site plan or planned development shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with. A notation indicating approval shall be placed on each plat, together with the signatures of the Chairman and Secretary of the Upper Deerfield Township Planning Board.

(4) An application for final approval shall be granted or denied within 45 days from the date it is determined to be complete or within such further time as may be consented to by the applicant. Otherwise, the Planning Board shall be deemed to have granted final approval, and a certificate of the Planning Board administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.

(5) Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Clerk. The Planning Board, for good cause shown, may extend the period for recording for an additional period, not to exceed 190 days from the date of signing of the plat.

(6) Final approval of a major subdivision, site plan or planned development shall confer upon the developer the following rights:

(a) Zoning requirements applicable to the preliminary approval first granted and all rights conferred upon the developer as set forth in Subsection C(2) of this section, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded in accordance with expiration provisions above set forth in this section. If the developer has followed the standards prescribed for final approval, and in the case of a major subdivision has duly recorded the plat as required herein, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Subsection C(2) of this section for any portions granted final approval.

(b) In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or a conventional subdivision or site plan of 150 acres or more, the Planning Board may extend the period of protection granted under Subsection D(6)(a) above, as provided in N.J.S.A. 40:55D-52.

§ 405-70 Conditional uses.

A. Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Township and, at the same time, recognizing that such uses may be or may become harmful to the public health, safety and general welfare if located and operated without proper consideration of existing conditions and character of surrounding property, such uses are hereby designated "conditional uses" and listed as such under the appropriate zone district contained in the Schedule of District Regulations.[1] In addition to other powers conferred by this chapter, the Planning Board shall have power to authorize the granting of a permit for a conditional use after site plan approval, under other terms and conditions established by this chapter and in accordance with the following general stipulations and guidelines:

(1) The use for which application is being made is specifically authorized as a conditional use in the Schedule of District Regulations for the district in which it is proposed.[2]

[2] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

(2) The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected.

(3) That reasonable consideration is afforded the character of the neighborhood and the district, the conservation of property values, the avoidance of congestion of vehicular traffic and the avoidance of any unnecessary hazards.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

B. Six copies of an application for a conditional use permit, along with site plans of the proposed conditional use as required by § 405-69 of this chapter, shall be submitted in accordance with the provisions of § 405-69C of this chapter.

(1) Within 95 days from the date said application is determined complete, the Planning Board shall, by resolution, either approve or disapprove the application. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Clerk for purposes of filing subdivision plats.

(2) In reviewing an application for a conditional use permit, said review shall include site plan review as provided in accordance with § 405-69 of this chapter. The Planning Board shall review applications, including site plans, in accordance with all standards and regulations of this chapter and as to conformity with the goals, objectives and policies of any adopted Township Master Plan.

(3) In approving an application, the Planning Board may impose any modifications or conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety or general welfare of the public.

(4) The Planning Board shall notify the Zoning Officer in writing as to its decision and any special conditions imposed in connection with the approval actions.

(5) The Zoning Officer shall approve or deny applications for conditional use permits in accordance with Planning Board action. All conditional use permits shall be issued only in accordance with applicable conditions contained in this chapter or imposed by the Planning Board. The Planning Board administrative officer shall transmit one copy of all approved and denied applications to the Township Tax Assessor, Zoning Officer, Construction Official and Township Engineer.

(6) In the case of a conditional use application which also involves an application for a use variance, the Planning Board shall act on the application for conditional use to the same extent and subject to the same restrictions pursuant to the provisions of N.J.S.A. 40:55D-76.

[Amended 12-30-2009 by Ord. No. 649]

§ 405-71 Zoning appeals and applications.

A. Appeals to the Planning Board may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the zoning administrative officer. Each appeal shall be taken within the twenty-day period prescribed by the statute by filing a notice of appeal with the officer from whom the appeal is taken, together with three copies of said notice with the administrative officer of the Planning Board. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

[Amended 9-20-2007 by Ord. No. 597; 12-30-2009 by Ord. No. 649]

B. Filing.

(1) Applications addressed to the original jurisdiction of the Planning Board without prior application to an administrative officer shall be filed with the administrative officer of the Planning Board. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 20 days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.

[Amended 4-16-2009 by Ord. No. 627; 12-30-2009 by Ord. No. 649]

(2) If the applicant is a corporation or partnership, said corporation or partnership shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.

(3) If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to a disclosure as set forth above, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ownership criterion of 10%, as set forth in N.J.S.A. 40:55D-1 et seq., have been listed.

C. An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Planning Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.

[Amended 12-30-2009 by Ord. No. 649]

D. Planning Board involvement. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 405-87 of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application as provided in § 405-69C(2) of this chapter or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.

E. Time limit for decisions.

(1) The Planning Board shall render its decision no later than 120 days after the date:

[Amended 12-30-2009 by Ord. No. 649]

(a) An appeal is taken from the decision of an administrative officer; or

(b) A complete application for development is submitted to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b.

(2) Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

§ 405-72 Applications for sign permits.

[Amended 1-19-1996 by Ord. No. 449]

A. Applications for a sign permit shall be submitted to the Zoning Officer when the sign to be erected or installed is for an existing use or structure and is not part of a development requiring site plan review. The Zoning Officer shall review said application and plans submitted as required by § 405-76G and shall, within two weeks of receipt of the application:

(1) Issue a permit if said proposed sign(s) conforms to all provisions of § 405-31 of this chapter;

(2) Require full site plan review as per § 405-69; or

(3) Deny the permit, in which case he shall set forth, in writing, his reasons for said denial.

B. In the case of signs which are to be erected or installed in connection with a proposed development requiring site plan review, said signs shall be reviewed as part of the site plan with appropriate details of any proposed sign(s) submitted along with all other site plan information.[1]

[1] Editor's Note: Former § 98-63, Applications for planned unit development, which immediately followed this section, was deleted 6-16-2005 by Ord. No. 559.

§ 405-73 Preapplication conference and/or concept plan review.

[Amended 9-1-1988 by Ord. No. 316]

For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the developer or applicant may request a preapplication conference and/or concept plan review in accordance with the following requirements:

A. Preapplication conference.

(1) At the request of the applicant, the Planning Board shall authorize a preapplication conference. The purpose of the conference is to:

(a) Acquaint the applicant with the substantive and procedural requirements of this chapter.

(b) Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, this chapter and other development regulations.

(c) Advise the applicant of any public sources of information that may aid the application.

(d) Otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development.

(e) Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences.

(f) Permit input into the general design of the project.

(2) The preapplication conference allows the applicant to meet with appropriate municipal representatives. These individuals, who shall be designated by the Planning Board with the consent of the Chairman of the Township Committee, may include the Township Engineer, Planner, Construction Official, representative from the Planning Board, Zoning Officer, Subdivision and Site Plan Review Committee or its representatives, if this Committee is established, and any other Township representative(s) or officer(s) invited by the Planning Board Chairperson.

(3) Applicants seeking a preapplication conference shall submit the information stipulated below 10 days prior to the preapplication conference. The following information shall be submitted:

(a) A map showing all information as set forth in § 405-76C(1) through (7) of this chapter.

(b) A map showing all natural features of the site, including but not limited to floodplains, wetlands, slopes exceeding 5%, wooded areas, prime agricultural soils, historic sites or structures, all structures located on the site, any rivers, streams, ponds or other watercourses located on or within 200 feet of the property involved and any known easements existing which affect the property involved.

(c) The zoning district in which said development is located and all proposed road rights-of-way as shown on the Township or County adopted Master Plans.

(d) A United States Geological Survey quadrangle sheet for the area in which said property is located.

(e) A description of the proposed project or development detailing as much information about the proposed development as possible, including the number of units, lots, size, number of employees and other pertinent information, which would assist the Board and/or Committee and officials to reasonably analyze the proposal in terms of the Township's development regulations.

(4) The applicant shall not be required to pay a fee for the preapplication conference. If requested and paid for by the applicant, a brief written summary of the preapplication conference shall be provided within 10 days after the meeting.

(5) The applicant shall not be bound by the determination of the preapplication conference, nor shall the Planning Board or Subdivision and Site Plan Committee be bound by any such review.

B. Concept plan review.

(1) In addition or as an alternative to the preapplication conference, at the request of the applicant, the Planning Board or the Subdivision and Site Plan Committee shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development. The purpose of the concept plan review is to provide Planning Board and Subdivision and Site Plan Committee input in the formative stages of subdivision and site plan design.

(2) Applicants seeking concept plan review shall submit the items stipulated below 10 days before the concept plan meeting. These items provide the applicant and the Planning Board or Subdivision and Site Plan Review Committee with an opportunity to discuss the development proposal in its formative stages. The items to be submitted are:

(a) Section 405-73A(3)(a) through (e) set forth above.

(b) A generalized sketch plan of the proposed development, including new or revised lot lines, proposed structures, major facilities to be installed and any proposed roadways or extensions of existing roadways.

(3) A brief written summary of the concept plan review shall be provided within 15 days after the final meeting.

(4) The applicant may be charged reasonable fees for concept plan review. The amount of any fees for such informal review shall be a credit towards fees for review of the application for development.

(5) The applicant shall not be bound by any concept plan for which review is requested, nor shall the Planning Board and/or Subdivision and Site Plan Review Committee be bound by any such review. The Township may require notice of concept plan meeting pursuant to N.J.S.A. 40:55D-12.

§ 405-74 Plat and plan conformity.

No development applications as defined in this chapter shall be accepted unless submitted in proper form, and no plat or plan shall be accepted for consideration unless it conforms to the requirements, as set forth herein, as to form, content and accompanying information, and complies with the provisions of N.J.S.A. 46:23-9.9 et seq. (Map Filing Law), as amended. All plats shall be drawn by a New Jersey licensed land surveyor and shall bear the signature, seal, license number and address of said surveyor. All drawings of improvements shall be signed and sealed by a professional engineer licensed to practice in New Jersey.

§ 405-75 Application checklists.

[Added 5-5-2005 by Ord. No. 555; amended 12-30-2009 by Ord. No. 649]

The Township Committee of the Township of Upper Deerfield believes that it is in the interests of the residents of the Township of Upper Deerfield to adopt an application checklist procedure in order to clarify a determination of completeness with respect to applications made before the Township Planning Board.

A. Schedule A appended hereto and made a part hereof shall be applicable to all submissions of the Township Planning Board;

B. Schedules A and B[1] attached hereto shall be applicable to all applications before the Township Planning Board of the Township of Upper Deerfield; and

[1] Editor's Note: Schedules A and B are included at the end of this chapter.

C. Schedule C[2] attached hereto and made a part hereof shall apply to all applications made pursuant to paragraphs a, b, c and d of N.J.S.A. 40:55D-70 in connection with applications before the Planning Board (acting as a zoning board of adjustment).

[2] Editor's Note: Schedule C is included at the end of this chapter.

§ 405-76 Plat and plan details.

A. Minor subdivision plat details. The plat shall be clearly and legibly drawn and shall be based on Tax Map information or some other similarly accurate base, at a suitable scale to enable the entire tract to be shown on one sheet, and shall show or include the following information:

(1) A key map with North arrow showing the entire development and its relation to surrounding areas at a scale of not less than one inch equals 2,000 feet.

(2) The Tax Map sheet, block and lot numbers for the tract and all adjacent lots, title, graphic scale, North arrow, date of original drawing and the date and substance of each revision.

(3) Name and address of owner, subdivider and person preparing the plat.

(4) The name of the owner of the proposed tract and all adjoining property owners as disclosed by the most recent Township tax records.

(5) The signature and seal of a licensed land surveyor.

(6) The classification of the zoning district in which the proposed subdivision is located. If the property lies in more than one zoning district, the plat shall indicate all the zoning district lines. All front, side and rear setback lines shall be shown conforming to this chapter.

(7) Acreage of the entire tract and the area(s) being subdivided.

(8) All existing and proposed lot lines and any existing lot lines to be eliminated.

(9) All existing structures, uses and wooded areas within the portion to be subdivided and within 200 feet of the property involved; also, any isolated trees with a diameter of eight inches or more measured three feet above ground level on the lot involved.

(10) All streams, lakes and drainage rights-of-way within the limits of the tract(s) being subdivided and within 200 feet thereof, including the location, width and direction of flow of all streams, brooks and drainage rights-of-way; the location and dimension of all drainage structures; existing features to be removed or relocated; flood hazard area and floodway lines, steep slopes, wetlands and swamps.

(11) All existing and proposed streets, roads, easements and rights-of-way within and adjoining the proposed subdivision, with existing right-of-way widths clearly indicated and as proposed in the Township Master Plan. Existing driveways, street names, sight triangles and purpose for any easement shall be shown. Copies of the text of any deed restrictions shall be provided when requested by the approval authority.

(12) The location and width of all existing or proposed utility easements in the area to be subdivided.

(13) The shortest distance between any existing building and other structures or a proposed or existing lot line.

(14) The location of any existing or proposed open space or recreation area.

B. Minor site plan.

(1) For purposes of determining site plan details required to be shown, a site plan will be deemed a "minor site plan" when it involves any lots not abutting an arterial or major collector road, as shown in the Township Master Plan, and where:

(a) A proposed building or use for a specific lot(s) which conforms to the maximum and minimum building standards as set forth in this chapter will not require more than five off-street parking spaces as required in § 405-27 and is not subject to the provisions of Article VIII of this chapter; or

(b) The proposed expansion or alteration of an existing building or use on a specific lot(s) will not result in additional lot coverage in excess of 10% of the existing coverage, will conform to the maximum and minimum building standards as set forth in this chapter, and will not increase the number of off-street parking spaces by more than five or eliminate existing required parking spaces, and said building or use is not subject to the requirements of Article VII of this chapter.

(2) Minor site plan details. A minor site plan shall include the same data as required in § 405-76A, except that the graphic scale shall be not less than 50 feet to the inch. All distances shall be in decimals of a foot, and all bearings shall be given to the nearest 10 seconds. The error of closure shall not exceed one in 10,000. In addition to the aforementioned data required, the site plan shall also show:

(a) Existing schools, special districts and areas proposed for dedication for public use.

(b) Location of all proposed buildings and all other structures, such as but not limited to walls, fences, culverts, bridges and sidewalks, with spot elevations of such structures.

(c) The proposed use or uses of land and buildings and the location of proposed buildings or individual sites, such as in the case of campgrounds, including proposed grades.

(d) The location and design of any off-street parking and loading areas, showing size and locations of bays, aisles and barriers and the number of parking and loading spaces.

(e) All buffer and landscaped areas, and means of vehicle access and egress existing or proposed for the site, showing the size and location of driveways and curb openings.

(f) The square footage of each building, total number of employees and in the largest working shift and, where applicable, seating capacity of structures.

(g) If a sign or signs are to be erected, attached or otherwise located on the site, the site plan shall be accompanied by additional details and information as provided in § 405-76G.

(h) If the applicant is a corporation or partnership, said corporation or partnership shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to a disclosure as set forth above, the corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ownership criterion of 10%, as set forth in N.J.S.A. 40:55D-1 et seq., have been listed.

C. Preliminary subdivision plat. The preliminary plat shall be clearly and accurately drawn or reproduced at a suitable scale. Preliminary plats shall be designed in accordance with the provisions of Article IX of this chapter and shall show or be accompanied by the following information:

(1) Graphic scale not less than one inch equals 100 feet.

(2) Based on certified boundary survey and drawn by a land surveyor licensed in New Jersey, with design and improvements drawn by a professional engineer licensed in New Jersey.

(3) Sheet sizes of 30 inches by 42 inches, 24 inches by 36 inches, 15 inches by 21 inches, or 8 1/2 inches by 13 inches. 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.

(4) Key map, with North arrow, showing the entire subdivision in relation to surrounding areas, including the names of principal roads, and at a scale of not less than one inch equals 2,000 feet.

(5) Title block with the name of the subdivision; any development names previously associated with the application; the name of the municipality; Tax Map sheet, block and lot number; date of preparation and most recent revision; meridian, North arrow; graphic scale; the names, addresses, phone numbers and signatures of the owner, subdivider and person(s) who prepared the plat(s), including the seal of the latter. If the applicant is a corporation or partnership, said corporation or partnership shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to a disclosure as set forth above, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ownership criterion of 10%, as set forth in N.J.S.A. 40:55D-1 et seq., have been listed.

(6) The names of all property owners within 200 feet of the extreme limits of the subdivision as disclosed on the most recent municipal tax records.

(7) Tract acreage to the nearest 0.001 of an acre; the number of new lots, each lot line dimension, scaled to the nearest foot; and each lot area, to the nearest square foot.

(8) Existing and proposed contours at two-foot intervals. All elevations shall be related to a bench mark noted on the plan and, wherever possible, shall be based on United States Geological Survey mean sea level datum or approved local datum. Contours should show existing ground elevations and proposed elevations in any areas to be regraded.

(9) Location of existing natural features, such as soil types, slopes exceeding 5%, wooded areas, views within the development and the location of individual trees outside wooded areas having a diameter of six inches or more measured five feet above ground level. Soil types shall be based on United States Natural Resources Conservation Service categories from the Cumberland County Soil Survey.

(10) Existing and proposed streams, lakes, ponds and marsh areas accompanied by the following data:

(a) When a running stream with a drainage area of 1/2 square mile or greater is proposed for alteration, improvement or relocation, or when a structure or fill is proposed over, under, in or along such running stream, evidence of approval, required alterations, lack of jurisdiction or denial of the improvement by the New Jersey Division of Water Policy and Supply shall accompany the plat.

(b) Cross sections and profiles of watercourses at an appropriate scale showing the extent of the flood-fringe area, top-of-bank, normal water level and bottom elevations at the following locations:

[1] All watercourses within or adjacent to the development and at any point where a watercourse crosses a boundary of the development (profile and cross sections).

[2] At fifty-foot intervals for a distance of 300 feet upstream and downstream of any existing or proposed culvert or bridge within the development (cross section).

[3] At a maximum of one-hundred-foot intervals, but at no less than two locations, along each watercourse which runs through or adjacent to the development (cross sections).

[4] When ditches, streams, brooks or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation during construction as well as typical ditch sections and profiles shall be shown on the plan or accompany it.

(c) The total upstream acreage in the drainage basin of any watercourse running through or adjacent to a development. For flowing streams, small-scale watershed maps developed from United States Geological Survey sheets shall be submitted.

(d) The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in that portion of the development which drains to the structure.

(e) The location and extent of all existing or proposed drainage and conservation easements and flood hazard area and floodway lines.

(f) The location, extent and water level elevation of all existing or proposed lakes or ponds on or within 300 feet of the development.

(g) Plans and computations for any storm drainage systems, including the following:

[1] All existing or proposed storm sewer lines within or on lands or roads adjacent to the development and for all required off-site and off-tract drainage improvements showing size, profile and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.

[2] The location and extent of any proposed dry wells, groundwater recharge basins, retention basins, flood-control devices, sedimentation basins or other water-conservation devices.

(11) The names, locations and dimensions, including cartway and right-of-way widths, of all existing streets within a distance of 200 feet of the boundaries of the development, existing driveways and any connections from proposed streets, sidewalks and bike routes in the development to any adjoining street(s), sidewalk(s) or bike route(s) and what off-site extensions, if any, will be made to nearby arterial and collector streets as those streets are shown on the adopted Master Plan.

(12) Plans, cross sections, center-line profiles, tentative grades and details of all proposed and existing streets in the tract and within 300 feet of the subdivision based on the United States Geological Survey datum, together with full information as to the disposal of surface drainage, including plans, cross sections and profiles of streets, storm drains and drainage structures. Typical street cross sections shall indicate the type and width of pavement and the location of curbs, sidewalks, bike routes, typical underground utilities and shade tree planting. At intersections, the sight triangles, radii of curblines, crosswalks and street sign locations shall be shown. Final street naming may be deferred. For streets where curbs and/or sidewalks are to be provided, separate curb and sidewalk profiles shall be required at street intersections.

(13) The names, locations, paved widths, right-of-way widths and purpose(s) of existing and proposed easements, streets and other rights-of-way in the subdivision. The text of any deed restriction shall be included.

(14) The location and description of all easements, existing and tentatively proposed.

(15) All proposed lot lines and all existing lot lines to remain and those to be eliminated. All setback lines required by this chapter with the dimensions thereof and any municipal boundary line where the boundary is within the tract or within 200 feet of the tract. Any lot(s) to be reserved or dedicated to public use shall be identified. Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with one.

(16) Locations of all existing structures and their use(s) in the tract and within 200 feet thereof, showing existing and proposed front, rear and side yard setback distances, structures of potential historic significance and an indication of all existing structures and uses to be retained and those to be removed.

(17) Plans and profiles of proposed improvements and utility layouts (sanitary sewers, storm sewers, erosion control, stormwater control, excavation, etc.), showing location, size, slope, pumping stations and other details as well as feasible connections to any existing proposed utility systems. If private utilities are proposed, they shall comply fully with all municipal, county and state regulations. If service will be provided by an existing utility company, a letter from that company shall be submitted stating that service will be available before occupancy of any proposed structures. When on-lot water or sewage disposal is proposed, the proposed location of the well and the location and results of percolation tests shall be submitted.

(18) Zoning district(s) and zoning district lines.

(19) Identification of lands to be dedicated or reserved for public use. Location of an area to be reserved acceptable for Township recreational purposes, approved by the Planning Board, comprising not less than 15% of the land area to be developed. Such lands, when approved by the Planning Board, constitute an amendment to the Master Plan of Upper Deerfield Township and will be reserved for a period of one year from the date of preliminary approval, during which the Township may institute acquisition procedures.

(20) An itemization of all improvements to be made to the site, as required in Articles VII, VIII and IX, and such other improvements on site, off site and off tract as the public interest may require, together with a listing of the work and materials to be used in installing such improvements, including estimated quantities of necessary materials, sufficient to enable the Municipal Engineer to formulate a performance guaranty estimate.

(21) Details and information on any proposed signs to be erected, constructed or to be placed anywhere on the property involved in accordance with the provisions of § 405-31.

(22) In the case of a cluster development, the preliminary plat shall be accompanied by a set of detailed development plans showing density patterns, site design, open land designations, building locations, utilities and other improvements and landscaping proposals.

(23) When required by the Planning Board, an environmental impact statement which shall address the existing conditions at the site, including any environmental constraints, and the effect of the proposed activity upon the site and those conditions or constraints, including any adverse environmental impacts, and the way that the applicant proposes to eliminate, reduce or offset such adverse impacts. This shall include a list of alternatives to the proposed development, including the no development alternative, and the effect each alternative would have on the site and its conditions.

[Amended 9-1-1988 by Ord. No. 316]

(a) The conditions to be addressed in the impact statement shall include:

[1] Topography.

[2] Geology.

[3] Hydrology.

[4] Soils.

[5] Vegetation, including endangered and/or threatened species.

[6] Wildlife, including endangered and/or threatened species.

[7] Archaeological, historic and scenic areas.

[8] Groundwater, supply and quality.

[9] Surface waters, supply and quality.

[10] Air quality.

[11] Scenic views and/vistas.

[12] Any special features, conditions or impacts directed by the Planning Board to be addressed in the impact statement.

(b) The Planning Board may, where deemed appropriate, reduce the items to be included in the impact statement where such information is not deemed necessary. Unless specifically waived by the Planning Board, the impact statement shall include and address all items set forth in Subsection C(23)(a)[1] through [12] above referenced.

(24) Identification of any portion of the proposed subdivision which would be located within the air hazard areas as set forth in § 405-7 of this chapter and how compliance with the provisions of § 405-20 shall be complied with in connection therewith.

[Added 9-1-1988 by Ord. No. 316]

(25) For any subdivision application involving 50 or more lots for the proposed development of single-family residential housing, plans and details for the provision of collection, disposition and recycling of recyclable materials in conformance with any applicable adopted recycling ordinance.

[Added 9-1-1988 by Ord. No. 316]

(26) Where any area or facility is to be owned and maintained by the residents of a development and a homeowners' association is to be required, such information as will permit the approving authority to make detailed findings concerning the ability of the association to adequately perform the function for which it is designed. Information to be submitted by the applicant in this regard and subject to approval or revision is as follows:

[Added 9-1-1988 by Ord. No. 316]

(a) The time when the association is to be created or made effective in relation to the project's timetable.

(b) Mandatory or automatic nature of membership in the organization by a resident and his/her successor(s).

(c) Permanence of open space, recreational area or other area or facilities protective covenants.

(d) Liability of organization for insurance, taxes and maintenance of all facilities.

(e) Provisions made for pro rata sharing of costs and assessments.

(f) Capacity of the organization to administer common facilities and preserve the benefits of any open space and recreational areas involved.

(g) The restrictions, covenants and other devices establishing automatic membership in the association and the responsibilities of that membership.

(27) For any development located on an arterial or collector road, as defined in the adopted Township Master Plan, or any development which will be expected to provide parking spaces for 50 or more vehicles, a traffic analysis will be required to be submitted as part of the preliminary submission. Said analysis shall include the following:

[Added 9-1-1988 by Ord. No. 316]

(a) Estimated trip generation for said development.

(b) Directional distribution of traffic from development.

(c) Trip assignment and analysis.

(d) A capacity analysis of all roadways to be affected by said development as determined from the above-referenced data.

(e) Identification of congestion and turning-movement conflicts.

(f) An explanation of how the applicant proposes to handle said conflicts and/or recommendations for such conflicts' mitigation or elimination, including an assessment of the development's share of such conflict and cost for its mitigation and/or elimination.

(g) Such other information and/or data as found necessary and required by the Planning Board.

D. Preliminary site plan.

(1) Every preliminary site plan shall be at a minimum graphic scale of one inch equals 10 feet, 20 feet, 30 feet, 40 feet or 50 feet, certified by a New Jersey licensed architect or engineer, including accurate lot lines certified by a New Jersey licensed land surveyor, 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, or 30 inches by 42 inches. The site plan shall include the following data: (If one sheet is not sufficient to contain the entire territory, a separate composite map shall be drawn showing the entire development and the sheets on which the various sections are shown.)

(a) All lot lines and the exterior boundaries of the tract.

(b) North arrow.

(c) Zone district(s) in which the lot(s) is (are) located.

(d) Date of original drawing and each subsequent amendment.

(e) Existing and proposed street(s) and street name(s).

(f) Existing and proposed contours at two-foot intervals throughout the tract and within 100 feet of any building or paved area under review.

(g) Title of the plan.

(h) Streams.

(i) Total area to one square foot.

(j) Total number of parking spaces.

(k) All dimensions, areas and distances needed to confirm conformity with this chapter, such as but not limited to building lengths, building coverage, lot lines, parking spaces, loading spaces, setbacks and yards.

(l) A small key map giving the general location of the parcel within the Township.

(m) A separate map showing the site in relation to all remaining lands in the present owner's ownership.

(2) Site plan information for preliminary and final approval. Each site plan shall have the following information shown thereon or annexed thereto and shall be designed to comply with the applicable provisions of this chapter.

(a) Building and use plan. The size, height, location, arrangement and use of all proposed buildings, structures and signs, including an architect's sealed elevations of the front, side and rear of any structures and signs to be erected or modified, to the extent necessary to apprise the Planning Board of the scope of the proposed work, shall be shown. Any existing structures shall be identified either to remain or to be removed. A written description of the proposed use(s) and operation(s) of nonresidential building(s), including the number of shifts to be worked and the maximum number of employees on each shift; seating capacity; expected truck and tractor-trailer traffic; emission of noise, glare, vibration, heat, odor and air and water pollution; safety hazards, including air safety hazard compliance with § 405-20 of this chapter; and anticipated expansion plans incorporated in the building design. Floor plans shall be submitted upon request of the Planning Board.

[Amended 9-1-1988 by Ord. No. 316]

(b) Circulation plan.

[Amended 1-19-1996 by Ord. No. 449]

[1] This plan shall show access streets and their names, street classifications according to the adopted Township Master Traffic Plan, existing and proposed right-of-way widths, acceleration/deceleration lanes, curbs, aisles and lanes, access points to public streets, sight triangles, traffic channelization, easements, fire lanes, driveways with widths and their direction, number and location of parking and loading spaces, loading berths and/or docks, computation of parking and loading required by this chapter for use being served, pedestrian walks and all related facilities for the movement and storage of goods, vehicles and persons on the site and including lights, lighting standards, signs, traffic devices, sidewalks, bus stops and/or shelters, street furniture and all driveways within the tract and within 100 feet of the tract. Sidewalks shall be shown from each entrance/exit along expected paths of pedestrian travel, such as, but not limited to, access to parking lots, driveways, other buildings on the site and across common yard areas between buildings or land uses. Plans shall be accompanied by cross sections of new streets, aisles, lanes, driveways, bridges and sidewalks or pedestrian paths.

[2] The plans shall be accompanied by a traffic impact analysis of the proposed development and address all issues raised in the adopted Township Master Traffic Plan, including but not limited to determination of the projected traffic impact on various intersections and roadways adjacent to or impacted by said proposed development.

[3] Any expansion plans for the proposed use shall show feasible parking and loading expansion plans to accompany building expansion.

(c) Natural resources plan. This plan shall show existing and proposed wooded areas; buffer areas, including the intended screening devices and buffers; grading at two-foot contour intervals inside the tract and within 50 feet of its boundaries; seeded and/or sodded areas; ground cover; retaining walls; fencing; signs; recreation areas; shrubbery; trees; and other landscaping features. These plans shall show the location and type of man-made improvements and the location, species and caliper of plant material and trees to be located on the tract. All portions of the property not utilized by building or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation, as shown on an approved soil erosion and sediment control plan and the provisions of this chapter in Article IX, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.

(d) Facilities plan. This plan shall show the existing and proposed locations of all drainage and stormwater runoff facilities; open space and common property; fire hydrants; gas, electric, telephone, sewerage and water supply line locations; and the method for solid waste collection and disposal and the collection, disposition and recycling of recyclable materials as required by any applicable adopted ordinance or regulation. To be included are the proposed grades, sizes, capacities and materials and/or equipment to be used for facilities installed by the developer. Installations by utility companies need only show their locations on the plan. All easements acquired or required on the tract and across adjacent properties shall be shown, and copies of legal documentation that support the granting of an easement by an adjoining property owner shall be included. All proposed lighting shall be shown, including direction, angle, height and reflection of each source of light. All utilities shall be installed underground. All required state and federal approvals for environmental considerations shall be submitted prior to preliminary approval or shall be a condition of approval. Drainage facilities shall include facilities to comply with the stormwater runoff provisions of this chapter. The method of sewage treatment and solid waste disposal and collection, disposition and recycling of recyclable materials as required by adopted local ordinance or state law or regulation shall be shown on the plan or in accompanying text, and percolation tests from sufficient locations on the site to allow a determination of adequacy by the Cumberland County Board of Health shall be included where on-site septic tanks and leaching feeds are permitted and are proposed.

[Amended 9-1-1988 by Ord. No. 316]

(e) Environmental impact report. An environmental impact report as required in § 405-76C(23) herein shall be submitted with all preliminary site plans. Twelve copies of said environmental impact report shall be submitted to the Secretary of the Planning Board. Said environmental impact report shall be reviewed subject to the provisions of § 405-76C(23).

[Amended 8-2-1990 by Ord. No. 360]

(f) In the case of a townhouse, apartment or multifamily development, five copies of a housing market analysis which shall describe and demonstrate the need for said proposed project in terms of the regional housing market as defined by the Township Master Plan shall be submitted. Said analysis shall include data and information on vacancy rates, cost, type and location of other housing facilities within the Township and the region. Such analysis shall clearly indicate how it will meet a need reasonably shown to exist for the type and cost of housing proposed.

(g) In the case of residential development for which a homeowners' association is required, the site plan shall be accompanied by such information as will permit the approval authority to make detailed findings concerning the ability of the association to adequately perform the function for which it is designed. Information to be submitted by the applicant in this regard and subject to approval or revision is as follows:

[1] The time when the association is to be created in relation to the project's timetable.

[2] Mandatory or automatic nature of membership in the organization by a resident and his/her successsor(s).

[3] Permanence of open space and recreational area protective covenants.

[4] Liability of organization for insurance, taxes and maintenance of all facilities.

[5] Provisions made for pro rata sharing of costs and assessments.

[6] Capacity of the organization to administer common facilities and preserve the benefits of the open space and recreational areas.

[7] The restrictions, covenants and other devices establishing automatic membership in the association and the responsibilities of that membership.

(h) An application form completed in full accompanied by such other information or data as may be required by the Planning Board in order to determine that the proposed development is in accordance with the Township Master Plan, the provisions of this chapter and all other applicable Township ordinances. If the applicant is a corporation or partnership, said corporation or partnership shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to a disclosure as set forth above, that corporation or partnership shall list the names and address of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ownership criterion of 10%, as set forth in N.J.S.A. 40:55D-1 et seq., have been listed.

(3) The Planning Board, at its sole discretion, may waive or reduce the details and/or data required to be shown on a preliminary site plan so long as such waiver or reduction will not unreasonably hamper or impede the Planning Board's review of the proposed development in relation to the Township Master Plan and all applicable ordinances.

E. Final subdivision plat. The final plat shall be drawn in ink on tracing cloth or Mylar at a suitable scale and in compliance with all provisions of Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9 et seq.). The final plat shall show or be accompanied by only that information and those details as specified in the aforementioned New Jersey Map Filing Law and as follows:

(1) Date, name and location of the subdivision; name of the owner; graphic scale; and reference meridian.

(2) The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.

(3) Minimum building setback line on all lots and other sites.

(4) Names of owners and adjoining unsubdivided land.

(5) Signature blocks for the Planning Board, Municipal Engineer and other endorsements required by law.

(6) Tract boundary lines; municipal boundary line if within 200 feet of the tract being subdivided; street names; all lot lines and other site lines with accurate dimensions, bearing or deflection angles and radii, arcs and chord bearings and distances of all curves based on an actual survey by a land surveyor licensed to practice in the State of New Jersey, with minimum building setback lines and the area of each lot shown to the nearest square foot. All dimensions, both linear and angular, of the exterior tract boundaries shall be based on and calculated from surveyed traversing which shall have an apparent error of field closure of 1:10,000 or better and shall be corrected by accepted balancing methods to final errorless closure; all final exterior and lot boundaries shall be similarly balanced to final errorless closure. All dimensions, angles and bearings given on the map must be referred to at least two permanent monuments which shall be indicated on the map.

(7) Block and lot numbers in accordance with established standards and in conformity with the Municipal Tax Map, as approved by the Municipal Tax Assessor, and all street numbers, where appropriate, shall be designated as specified by the approving authority.

(8) Plans, cross sections, profiles and established grades of all streets and easements as approved by the Municipal Engineer.

(9) Plans and center-line profiles of all storm and sanitary sewers and water mains as approved by the Municipal Engineer.

(10) Location and description of all monuments as required by this chapter and the Map Filing Law.

(11) By separate exhibits, information regarding required improvements and detailing the stage of completion of installing the improvements, including the following certifications:

(a) By a New Jersey licensed professional land surveyor as to the accuracy of the plat and of the surveyed dimensions.

(b) That the applicant is agent or owner of the land, or that the owner has given consent under an option agreement or contract of sale.

(c) Approvals of the Municipal Engineer.

(d) Appropriate local, county and state approvals.

(e) By the Municipal Tax Collector that all taxes are paid to date.

(f) Other certifications that may be required by law.

F. Final site plan plat. The final plat shall include all data required on the preliminary site plan plat drawn to incorporate all changes required as a condition of preliminary approval and drawn by persons and to specifications as required for a preliminary plat.

G. Site plan for signs. Unless otherwise provided in this chapter, an application for a sign permit shall be accompanied by a site plan of the proposed sign(s) which shall show the following:

(1) Name, address and telephone number of the applicant, the person preparing and/or constructing the sign(s) and the person erecting the sign.

(2) Location of the building, the structure or the lot to which the sign is or is to be erected or attached.

(3) A scaled drawing showing the size of the existing or proposed sign; the location of the sign on the building to which it is to be attached or on the property on which it is to be placed (in which case setback dimensions shall be shown); the materials to be utilized in the construction of the sign, including whether or not the sign will be illuminated; and the message, lettering, artwork, illustrations, color and appurtenances to be placed or shown on the sign(s).

(4) In the case of signs to be erected, constructed or placed on property or attached to structures not belonging to the applicant, evidence of the property or structure owner's approval and permission for the locating of said sign.

(5) Such other information as required by the Planning Board.

H. Plans and documents for planned developments.

[Amended 9-1-1988 by Ord. No. 316; 8-2-1990 by Ord. No. 360; 1-19-1996 by Ord. No. 449]

(1) Requirements. The application shall require only such information as is reasonably necessary to disclose to the municipal authority, in accordance with the standards established in Article IX, the following:

(a) The location and size of the site and the nature of the landowner's interest in the land proposed to be developed.

(b) The location and size of common open space and the form of organization proposed to own and maintain any common open space.

(c) The density of land use to be allocated to the parts of the site to be developed.

(d) The use and the approximate height, bulk and location of buildings and other structures.

(e) The feasibility of proposals for the disposition of sanitary waste and stormwater.

(f) The provisions made for the supply and distribution of potable water for use by the project.

(g) The substance of covenants, grants and easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.

(h) The provisions for parking of vehicles and the location and width of proposed streets and public ways.

(i) The required modifications in the municipal land use regulations otherwise applicable to the subject property.

(j) In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned development project are intended to be filed.

(2) Applicant's statement. The applicant for tentative approval of a planned development project shall include a written statement by the landowner, or any other entity having a cognizable interest in the land, setting forth the reasons why, in his opinion, a planned development project would be in the public interest and would be consistent with the municipal statement of objectives on planned development projects and the procedures and approvals provided herein for tentative and final approval of a plan for the planned development project, and applications for such tentative and final approval shall be in lieu of all other zoning and planning requirements.

(3) Exhibits required. An application for tentative approval shall contain the following exhibits and any other information the applicant may deem appropriate to his planned development project:

(a) Master land use plan at a scale of one inch equals 200 feet, illustrating:

[1] Outbound limits of property.

[2] Existing contours at five-foot intervals.

[3] Existing roads.

[4] Proposed arterial and collector roads.

[5] Location map, same as before.

[6] Existing land uses within 200 feet of the property.

[7] Various proposed land uses for specific areas, including density category for residential areas, maximum building coverage ratios for commercial and industrial areas, and minimum parking ratios for all land uses.

(b) Natural features plan at the same scale as master land use plan, illustrating:

[1] Contours at five-foot intervals maximum.

[2] Streams and water bodies.

[3] Natural drainage areas and subareas.

[4] Soil characteristics.

[5] Natural vegetation.

[6] Steep slopes (10% and over).

[7] Aquifer recharge areas.

(c) A generalized landscaping, planting and screening plan indicating the types of planting and fencing materials proposed, their general location and provisions for maintenance.

(d) Traffic plan, indicating:

[1] Projected traffic volumes on arterial and collector roads at the time of completion of each proposed section of development and at the time of completion of ultimate development of the project, including both internal and adjacent external volumes.

[2] Volume capacity relationship at ultimate development.

[3] Projected turning movements at ultimate development, including all major intersections both internally and adjacent to the project.

[4] The proposed classification of all proposed arterial and collector roads in terms of the Township's road classification system as set forth in the Township Master Plan.

[5] A traffic impact study report as set forth in § 405-76C(27) of this chapter.

(e) Typical layout detail plans, at a scale of one inch equals 100 feet, illustrating typical proposed layouts for various elements of the project, including all types of land uses.

(f) Preliminary engineering plan, at a scale of one inch equals 200 feet or larger, illustrating:

[1] Outbound limits of property.

[2] Existing contours (two-foot interval maximum) to a point not less than 200 feet beyond the boundaries of the tract.

[3] Existing roads.

[4] Proposed arterial and collector roads, showing cartway widths and right-of-way and typical sections, as applicable.

[5] Grading:

[a] General grades for the road system.

[b] General grading patterns for all areas within the project.

[6] Storm drainage:

[a] Alignment, general grades and basic design of major elements of collection system to confirm feasibility of handling anticipated runoff from all areas of the project.

[b] Flood elevations on major drainage channels, indicating anticipated flood levels from twenty-five- and fifty-year storms.

[c] Existing general grade of areas surrounding the project to determine impact on on-site and off-site drainage.

[d] Stilling or retention ponds or other methods of minimizing runoff.

[7] Sanitary sewers: alignment, general grades and basic design of major elements of collection system and proposed financing methods to confirm feasibility of serving all areas of the project requiring service.

[8] Water: alignment and basic design of major elements of distribution system to confirm feasibility of providing potable water supply and fire protection to all areas of the project requiring service.

(g) A proposed schedule of development indicating the timing of final development sections and the timing of development of residential, commercial and industrial uses and community services.

(h) A market analysis supporting the proposed development schedule and substantiating its feasibility.

(i) A fiscal impact study geared to the proposed development schedule and indicating the anticipated impact of each stage of development upon the Township and the school district in terms of real estate tax revenues as against projected municipal service costs and school costs.

(j) An open space design and development plan for those portions of the planned development proposed to be retained as permanent agriculture, which shall become applicable to such areas at any time that such areas have ceased to be used for agricultural purposes for more than two years consecutively.

(k) An environmental impact report as required in § 405-76C(23) herein shall be submitted to the Secretary of the Planning Board. Twelve copies of said environmental impact report shall be submitted with the preliminary plat application for any planned development.

(l) A municipal development agreement, which shall mean a written agreement between the Township and the developer relating to the planned development.

(4) Conformity. The requirements of § 405-76C and D are intended to apply to the preparation and review of site plans submitted for final approval.

I. In any proposed development within any portion of an area of special flood hazard as delineated in § 405-6, the application for such proposed development shall, in addition to the details required to be shown in Subsections A through H hereof, also show or be accompanied by the information required in § 405-25C of this chapter.

[Added 10-28-1982 by Ord. No. 244]

§ 405-77 Hearings.

A. Rules. The Planning Board may make rules governing the conduct of hearings before such body, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.

[Amended 12-30-2009 by Ord. No. 649]

B. Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.

C. Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right to cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

D. Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

E. Records. The Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.

§ 405-78 Notice requirements for hearings.

Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:

A. Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.

B. Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.

(1) Such notice shall be given by serving a copy thereof on the owner as shown on the said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required.

(2) Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.

C. Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

D. Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.

E. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

F. Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with an administrative officer pursuant to N.J.S.A. 40:55D-10.

G. All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

H. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

I. Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available as required by law.

§ 405-79 Furnishing list of property owners.

[Amended 8-2-1990 by Ord. No. 360]

Pursuant to the provisions of N.J.S.A. 40:55D-12c, the appropriate administrative officer shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice pursuant to § 405-78B of this chapter.

§ 405-80 Form of decisions; copies.

A. Each decision on any application for development shall be reduced to writing, as provided in this section, and shall include findings of facts and conclusions based thereon.

B. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

C. The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.

D. The adoption of a resolution of memorialization pursuant to this section shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency, except that failure to adopt such a resolution with the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.

E. Whenever a resolution of memorialization is adopted in accordance with this section, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications.

F. A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for service. A copy of the decision shall also be filed with the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.

§ 405-81 Publication of decisions.

[Amended 12-30-2009 by Ord. No. 649]

A brief notice of every final decision shall be published in the official newspaper of the municipality. At a minimum, the notice shall clearly identify the nature of the Board action requested; the public meeting or meetings at which the matter was heard and decided; and whether or not the application was granted. Such publication shall be arranged by the administrative officer of the Planning Board without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of such decision.

§ 405-82 Payment of taxes.

[Amended 12-30-2009 by Ord. No. 649]

Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provisions for the payment thereof in such manner that the municipality will be adequately protected.