[Added 3-25-1980 by Ord. No. 1980-3]
[Amended 2-28-2011 by Ord. No. 2011-5; 11-28-2011 by Ord. No. 2011-13; 5-31-2022 by Ord. No. 2022-8]
An applicant desiring to proceed with a minor site plan approval shall file with the Administrative Officer, for completeness review and review by the Board's professionals, the documents required in § 460-35 and submit to the Planning Administrator payment of the fee provided in § 460-58.
[Amended 5-25-1982 by Ord. No. 1982-6; 7-30-1985 by Ord. No. 1985-08; 12-10-2001 by Ord. No. 2001-12; 2-28-2011 by Ord. No. 2011-5; 5-31-2022 by Ord. No. 2022-8]
Upon receipt of an application for a minor site plan approval, together with the required supporting documents, and payment of the prescribed fee, the Planning Administrator shall review the submission for completeness and shall render a decision regarding the application's completeness within 45 days of the date of the submission of the application, issuing a written letter to the applicant indicating either the application is complete or incomplete. Letters indicating the application is complete may provide the day and time when the application will be scheduled for a public hearing before the Land Use Planning Board, or may indicate a follow-up letter will be sent providing the date and time when the application will be scheduled for a public hearing before the Land Use Planning Board. Letters indicating the application is incomplete shall specify deficiencies from the checklist applicable to the type of application submitted. The Planning Administrator shall determine whether checklist items identified by the applicant as "not applicable" are inapplicable to the application, basing his/her decision on the merits of the written explanation submitted by the applicant and the nature and circumstances of the application. The reason(s) for the Planning Administrator denying an applicant's request for a checklist item to be "not applicable" shall be set forth in writing in the incomplete letter issued to the applicant. All appeals of the Planning Administrator's decision regarding the applicability of the checklist items shall be made to the Land Use Planning Board. Once an application is deemed complete, the Secretary shall submit one copy of the application and supporting documentation each to the Land Use Planning Board Engineer, Planner and Attorney for their review and preparation of their reports commenting on the proposal of the application and the application's conformity with the zoning and design standards of all applicable ordinances of the Code of Eastampton Township. Once an application has been scheduled for a Land Use Planning Board hearing, the Secretary shall distribute one copy each of the application and its supporting documents and of the reports prepared by the Land Use Planning Board Engineer, Planner and Attorney. The Engineer shall also advise as to the likelihood of off-tract improvements being required and, if such shall be the case, shall advise the Township Council, which shall then act pursuant to Article VI, § 460-50.
Not later than seven days after submission of the application for a minor site plan to the Clerk, the applicant, where required pursuant to N.J.S.A. 40:27-6.6, shall submit a copy of the application and all supporting documentation to the Burlington County Planning Board for review and approval. The applicant shall then promptly certify to the Clerk that such submission has been properly made.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-25-1982 by Ord. No. 1982-6; 12-10-2001 by Ord. No. 2001-12]
A. 
At the meeting of the Land Use Planning Board at which the application is to be considered, the Land Use Planning Board shall first determine that the application conforms to the definition of a "minor site plan" as set forth in this chapter. If it is determined that the application does not so conform, the Land Use Planning Board shall deny the application. However, such denial shall not be deemed to preclude a subsequent application of a site plan involving the same tract.
B. 
If it is determined that the application does conform to the definition of a "minor site plan" and is complete, the Land Use Planning Board shall waive notice and public hearing for the application.
C. 
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the Clerk, or within such further time as may be consented to in writing by the applicant. Failure of the Land Use Planning Board to act within the period prescribed shall constitute minor site plan approval, and a certificate of the Clerk as to the failure of the Land Use Planning Board to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
D. 
Whenever review or approval of the application by the Burlington County Planning Board is required by N.J.S.A. 40:27-6.3, the Land Use Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
E. 
Whenever the Land Use Planning Board grants approval subject to conditions, a notation shall be made on the plat indicating that "the approval of the site plan is subject to conditions as set forth in the minutes of the Land Use Planning Board."
F. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval.
G. 
Prior to the commencement of any construction, final detailed engineering plans shall be submitted to and approved by the Township Engineer. The applicant shall deposit with the Township Clerk such fee for engineering review as is provided in § 460-58.
A. 
Before granting approval of an application for a minor site plan, the Land Use Planning Board shall require the applicant to deposit with the Township the inspection fees provided in § 460-58 for use in paying the fees of the Township Engineer for performing an inspection of the improvements. After approval and after the applicant has initiated construction thereof, the Township Engineer shall make the inspections and submit written reports with respect to the results of such inspections to both the Clerk and the applicant. Additionally, the Township Engineer shall advise the Clerk and the applicant of his inspection fees. Thereafter, the inspection fees shall be paid from the deposit. If the applicant should decide to permanently discontinue work on the site plan in question before its completion, he may make written application to the Land Use Planning Board for the refund of the unencumbered portion of the deposit. Submission of this application shall constitute a waiver of all rights which may have accrued to him with respect to the site plan covered by that application.
[Amended 12-10-2001 by Ord. No. 2001-12]
B. 
The applicant shall not proceed with installation of the required improvements until a performance guaranty is posted therefor, and no building permits shall be issued unless the required improvements have been completed and accepted or a performance guaranty posted therefor.
In no event shall an application be considered a minor site plan where the affected tract is 10 acres or more in size or involves 10 or more dwelling units.
[Added 11-26-1996 by Ord. No. 1996-09; amended 12-10-2001 by Ord. No. 2001-12]
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval. The Land Use Planning 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 applicant proves to the reasonable satisfaction of the Board that the applicant 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 applicant applied promptly for and diligently pursued the approvals. An applicant shall apply for this extension before what would otherwise be the expiration date, or the 91st day after the date on which the applicant receives the last of the legally required approvals from the other governmental entities, whichever occurs later.