A.
A concept plan submission is required for all major site plan applications,
and is highly recommended for minor site plan applications. A concept
plan discussion may be held at a meeting of the Land Use Board with
reference to a conceptually prepared site plan of sufficient accuracy
to be used for purpose of discussion. The purpose of such a discussion
will be to review overall development concepts in order to assist
the applicant in the preparation of subsequent plans. No decisions
will be made and no formal action taken on a concept plan discussion.
Discussions and recommendations shall be informal and shall not be
binding on the Land Use Board. The Land Use Board shall have the right
to limit and control the extent, length and scope of such concept
plan discussion, to regulate when it may occur, to require prior notice
of a request for it and to conclude it in the interests of expediting
other business or if the matters being presented, in the judgment
of the approving authority, should be presented formally.
B.
The Land Use Board or its Site Plan Committee may review any application
for development or discuss the same with the developer to determine
whether the development is a major or minor site plan or other kind
of development; the procedures by which such application is to be
processed; and whether the application is complete. Any action taken
pertaining to such concept plan submission shall be without prejudice
to the rights of the parties to later proceed formally under the procedures
elsewhere set forth in this chapter.
C.
The concept plan shall be filed with the Land Use Board Secretary as an informal concept submission and shall be accompanied by a nonrefundable fee, as set forth in Article VIII of Chapter 45, Land Use Procedures, to defer the costs of a summary review thereof by the Land Use Board Attorney and Land Use Board Engineer.
A.
At least 18 black-and-white copies of the site plan together with
18 completed application forms for preliminary approval shall be submitted
to the Secretary 30 days prior to the meeting of the Land Use Board
at which consideration is required. All development applications shall
be completed in accordance with the attached checklist Forms A through
J.[1] The application shall be accompanied by the required fees as set forth in Article VIII of Chapter 45, Land Use Procedures. If the applicant is not the owner of record of the title to the property which is the subject of the application, (s)he shall file a written consent, signed by the owner, consenting to the making of the application.
B.
The developer shall simultaneously file 18 copies of the application
with the County Planning Board for its review and recommendations,
and where applicable, approval. The applicant shall furnish proof
of such submission at the time of the submission of this application
to the municipal Land Use Board by presenting a copy of this site
plan with an indication from the county that it has been filed with
the county. Any application for site approval shall not be deemed
complete in the absence of proof that it has been filed with the County
Planning Board. If the County Planning Board has failed to grant or
deny approval of the site plan at the time of preliminary approval
of the applicant's application, such preliminary approval shall
be conditioned on approval of the site plan by the County Planning
Board.
C.
The applicant may submit such site plan and accompanying information in final form and may request final approval concurrently with preliminary approval, which request may be granted by the Land Use Board if the data required for final approval under Article IV of this chapter hereunder is found to be complete and satisfactory.
D.
The Board shall review the submission for completeness in accordance
with Forms A through J,[2] and shall accept or reject the submission as a complete
application within 45 days of such submission. If the application
is incomplete, the application shall be returned to the applicant
and the Board shall state the reason for such rejection.
If the submission is accepted as complete, a date for the public
hearing shall be set and the applicant shall notify all persons entitled
to notice of the hearing on the application in accordance with the
provisions of the land use procedures chapter of this revision and
N.J.S.A. 40:55D-12. If the Land Use Board requires any substantial
amendment in the site plan proposed by the developer that has already
been the subject of a hearing, an amended application shall be submitted
and proceeded upon as in the case of the original application for
development, including the giving of notice in accordance with the
provisions of N.J.S.A. 40:55D-12.
Copies of the site plan application and accompanying documents
shall be forwarded by the applicant prior to the hearing to the following
persons:
A.
Township Planning Consultant.
B.
Township Engineer.
C.
Township Board of Health.
D.
Such other Township, county or state officials, as directed by the
Land Use Board.
E.
If the property which is the subject of the development application
lies within 200 feet of another municipal boundary, a copy of the
plat shall be sent by the applicant to the Secretary of the Land Use
Board of the adjoining municipality and proof thereof submitted to
the Land Use Board Secretary. A written statement shall be requested
from the adjoining municipality indicating whether the proposed site
plan of the Township of Fredon is in reasonable harmony with its plans
for development. The Secretary of the Land Use Board of the adjoining
municipality should be informed of the date of the public hearing
and any communications received prior to this date shall be considered
in relation to the approval or disapproval of the plan.
A.
After the initial submission of an original application and preliminary site plan plat, which shall be submitted and filed in accordance with § 424-12 above, in the event the applicant desires or is required to prepare revisions to the originally submitted site plat and/or submit additional data or documentation in support thereof, the same shall be submitted to the Secretary of the Land Use Board at least 15 working days, excluding Saturdays, Sundays, and legal holidays, prior to the work or regular meeting of the Land Use Board at which consideration or review of the site plan application is expected.
B.
In the event the submissions are not made in accordance with the
advance filing requirements set forth hereinabove, the revisions shall
not be reviewed by the Board's Engineer or Planning Consultant,
nor considered by the Land Use Board until the next subsequent scheduled
work or regular meeting following such late submission.
A.
Minor site plan approval shall be deemed to be final approval of
the site plan by the Board, provided that the Board or said subcommittee
may condition such approval on terms ensuring the provision of improvements
in accordance with this chapter.
B.
If the County Planning Board has approval authority pursuant to N.J.S.A.
40:27-12, its action shall be noted on the plat, and if disapproved,
two copies of the reasons for disapproval shall be returned with the
plat. If the Township Land Use Board or County Planning Board disapproves
a plat, the reasons for disapproval shall be stated in writing and
remedied prior to further consideration. If approval is required by
any other officer or public body, the same procedure as applies to
submission and approval by the County Planning Board shall apply.
C.
If the Land Use Board acts favorably on a preliminary site plan,
the Chairperson and Secretary of the Land Use Board shall affix their
signatures to the plat with a notation that it has received tentative
approval and returned to the applicant for compliance with final approval
requirements.
D.
The Land Use Board shall, by resolution, set forth its findings of
fact and conclusions of law in support of the action taken. A copy
of the action taken by the Land Use Board shall be forwarded to the
Township Clerk.
A.
Approval of a minor site plan shall, except as hereinafter set forth,
confer upon the applicant the following rights for a two-year period
from the date on which the resolution of approval is adopted:
(1)
That the zoning requirements and general terms and conditions, whether
conditional or otherwise, on which minor site plan approval was granted
shall not be changed.
(2)
That the Land Use Board shall grant an extension of this period for
a period determined by the Board but not exceeding one year from what
would otherwise be the expiration date, if the developer proves to
the reasonable satisfaction of the Board that the developer was barred
or prevented, directly or indirectly, from proceeding with the development
because of delays in obtaining legally required approvals from other
governmental entities and that the developer applied promptly for
and diligently pursued the approvals.
(3)
A developer shall apply for this extension before: what would otherwise
be the expiration date; or the 91st day after the date on which the
developer receives the last of the legally required approvals from
the other governmental entities, whichever occurs later.
B.
Preliminary approval of a major site plan shall, except as hereinafter
set forth, confer upon the applicant the following rights for a three-year
period from the date on which the resolution of preliminary approval
is adopted:
(1)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including, but not limited to, use
requirements, layout and design standards for streets, curbs and sidewalks,
lot size, yard dimensions and off-tract improvements, natural resources
to be preserved on the site, vehicular and pedestrian circulation,
parking and loading, screening, landscaping and location of structures,
exterior lighting both for safety reasons and streetlighting, except
that nothing herein shall be construed to prevent the Township from
modifying, by ordinance, such general terms and conditions of preliminary
approval as relate to public health and safety.
(2)
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary site plan.
(3)
That the applicant may apply for, and the Land Use Board may grant,
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards shall govern.
(4)
In the case of subdivision of an area of 50 acres or more, the Land
Use Board may grant the rights referred to in N.J.S.A. 40:55D-49 for
such period of time, longer than three years, as shall be determined
by the Land Use Board to be reasonable, taking into consideration
the number of dwelling units and nonresidential floor area permissible
under preliminary approval, economic conditions, and the comprehensiveness
of the development. The applicant may apply for thereafter, and the
Land Use Board may thereafter grant, an extension of preliminary approval
for such additional period of time as shall be determined by the Land
Use Board to be reasonable, taking into consideration the number of
dwelling units and nonresidential floor area permissible under preliminary
approval, the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval, economic
conditions, and the comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
may govern.
(5)
Whenever the Land Use Board grants an extension of preliminary approval pursuant to Subsection B(3) or (4) above and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(6)
The Land Use Board shall grant an extension of preliminary approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before what would otherwise be the expiration
date of preliminary approval, or the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later. An extension granted pursuant to
this section shall not preclude the Land Use Board from granting an
extension pursuant to N.J.S.A. 40:55D-49.