In the event that, during the period of approval heretofore
or hereafter granted to an application for a subdivision or site plan,
the developer is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or an order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare,
and the developer is otherwise ready, willing and able to proceed
with the development, the running of the period of approval under
this chapter shall be suspended for the period of time legal action
is pending or such directive or order is in effect.
A developer, as a condition for approval of a subdivision or
site plan, shall pay the developer's pro rata share of the cost
of providing only reasonable and necessary street improvements and
water, sewerage and drainage facilities, and easements therefor, located
outside the property limits of the subdivision or tract for which
site plan approval is required but necessitated or required by construction
or improvements within such subdivision or tract. The Township Council
shall determine the reasonableness of and necessity for such improvements
and shall also determine such pro rata share as follows:
A. The total cost thereof shall be estimated by the Township Engineer.
B. The Township Council shall next consider the circulation plan and
utility service plan elements of the Master Plan and shall ascertain:
(1) The
benefit accruing to the proposed subdivision or site plan by the improvements
and/or facilities.
(2) The
benefit accruing to lands outside of the property limits of the subdivision
or tract.
C. The Township Council shall determine the pro rata share by establishing
a ratio between the benefit accruing to the proposed subdivision or
site plan and the total benefit accruing by reasons of the improvements
and/or the facilities and applying it to the total cost.
D. The final cost of the completed improvements and/or facilities shall
be ascertained by the Township Engineer, who shall advise the Township
Council and the developer of the final cost. The estimated pro rata
share shall be modified by the actual final cost and appropriate adjustments
made.
E. The standards established to determine such pro rata share shall
not be altered subsequent to preliminary approval to apply to such
subdivision or site plan.
F. Where a developer pays the amount determined as the developer's
pro rata share under protest, the developer shall institute legal
action within one year of such payment in order to preserve the right
to a judicial determination as to the fairness and reasonableness
of such amount.
G. Such payment shall be made by a deposit of cash, and the developer
shall agree to make additional payment upon determination of the actual
cost, if there be any. Such payment shall be made within 30 days of
the determination by the Township Council of the pro rata share.
H. The developer and the Township Council may enter into an agreement
providing for payment of the full cost of the required off-tract improvements
by the developer with a provision for future reimbursement for an
agreed time as the improvements shall be utilized by others.
I. The Township Council shall act within the applicable period for approval
of the application by the Planning Board, and the determination by
the Township Council shall be binding upon the Planning Board.
Such report shall accompany all preliminary plats of major subdivisions
of 11 or more lots or greater than 10 acres, whichever may apply,
and site plan applications for tracts of greater than 10 acres shall
provide the information needed to evaluate the effects of a proposed
development upon the environment and shall include data and shall
be distributed, reviewed and passed upon as follows:
A. A description of the subdivision or site plan which shall specify
what is to be done and how it is to be done during construction and
operation, as well as a recital of alternative plans deemed practicable
to achieve the objective.
B. When Willingboro Township has completed a natural resources index (NRI), as provided by N.J.S.A. 40:56A-2 and §
12-4A(3) of the Code of the Township of Willingboro, the applicant may use data from the NRI relevant to the subdivision or site plan, including maps and text.
C. An inventory of existing environmental conditions at the project
site and in the immediate surrounding region which shall describe
air quality; water quality; water supply; hydrology; geology; soils
and properties thereof, including capabilities and limitations; sewer
systems; topography; slope; vegetation; wildlife; habitat; aquatic
organisms; noise characteristics and levels; demography; land use;
aesthetics and history. Air and water quality shall be described with
reference to standards promulgated by the Department of Environmental
Protection of the State of New Jersey, and soils shall be described
with reference to criteria contained in the Burlington County Soil
Conservation District Standards and Specifications.
D. An assessments of the probable impact of the development upon all items set forth in Subsection
C above. All assessments made of the probable impact of the subdivision or site plan shall be closely coordinated and in harmony with the Willingboro Township NRI when it is completed. As a direct result of the investigations made under the environmental impact report, a listing shall be provided, which shall be all inclusive, stipulating the licenses, permits and approvals needed to be furnished by state, county, or municipal law. The status of these permits and approvals shall also be included. During the preparation of the impact report, the applicant shall contact all concerned federal, state, county or other municipal agencies or officials adjacent thereto or affected by the proposed development. The report shall include as a result thereof the conclusions and comments of all concerned governmental officials and agencies. All apropos correspondence between the applicant and these officials and agencies shall be included in the report.
E. A listing and evaluation of adverse environmental impacts which cannot
be avoided, with particular emphasis upon air or water pollution,
increase in noise, damage to natural resources, displacement of people
and businesses, displacement of existing farms, increase in sedimentation
and siltation and relevant increases in municipal services. Off-site
impact shall also be set forth and evaluated.
F. A description of steps to be taken to minimize adverse environmental
impacts during construction and operation, both at the site and in
the surrounding region, such description to be accompanied by necessary
maps, schedules and other explanatory data as may be needed to clarify
and explain the action to be taken. The developer or its consultants
in overall charge of the environmental impact report shall include
therein all steps that the applicant or developer must undertake to
successfully implement the report. Recommended steps must include
a positive statement affirming the developer's intent to undertake
this work by using the terms "shall be," "must," etc.
G. A statement concerning any irreversible and irretrievable commitment
of resources which would be involved in the proposed subdivision or
site plan which might avoid some or all of the adverse environmental
effects, including a no-action alternative.
H. The Clerk, upon receipt of the application, shall submit the environmental
impact report to the Willingboro Township Environmental Commission
for review and report thereon to the Planning Board. This report shall
be submitted to the Planning Board at least two days prior to the
meeting of the Planning Board at which the application will be considered.
Upon completion of all reviews and public hearing, the Planning Board
shall either approve or disapprove the environmental impact report
as a part of its underlying function with respect to subdivision or
site plan review. In reaching a decision, the Planning Board shall
take into consideration the effect of the applicant's proposed
subdivision or site plan upon all aspects of the environment as outlined
above, as well as the sufficiency of the applicant's proposals
for dealing with any immediate or projected adverse environmental
effects.
I. Notwithstanding the foregoing, the Planning Board and Environmental
Commission may, at the request of an applicant, waive the requirement
for an environmental impact report if sufficient evidence is submitted
to support a conclusion that the proposed development will have a
slight or negligible environmental impact. Portions of such requirements
may likewise be waived upon a finding that the complete report need
not be prepared in order to evaluate adequately the environmental
impact of a particular project.
J. An environmental impact report as required herein shall also be submitted for all public or quasi-public projects, unless such are exempt from the requirements of local law by supervening county, state or federal law, and unless waived in accordance with Subsection
I of this section.
No subdivision plat shall be submitted for filing to the County Clerk until it has been approved by the Planning Board as indicated on the instrument by the signatures of the Chairperson and Secretary of the Planning Board or a certificate has been issued pursuant to §
205-11,
205-22B or
205-52. The signatures of the Chairperson and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to §
205-53. If the County Clerk records any plat without such approval, such recording shall be deemed null and void; upon request of the Township, the plat shall be expunged from the official records, pursuant to statute.
Any person intending to submit an application for subdivision
or site plan approval before the submission of the complete application,
as appropriate, may request, at least two weeks before a regularly
scheduled meeting of the Planning Board, of the Township Clerk an
informal conference and discussion with the Planning Board in order
to advise the Board of the general nature and conceptual approach
of the proposed subdivision or site plan and to enable the Board to
preliminarily express its views on any areas of concern. There shall
be no charge to such person for this informal hearing and discussion.
It is encouraged that any plans or other relevant documents be simultaneously
presented to the Planning Board in this informal process, whether
or not such plans may meet the requirements set forth in this chapter.
This provision shall be understood in accordance with its purpose,
which is to encourage informal discussion of proposed plans for development
prior to expenditures of time and money on the part of both an applicant
and the Board in order to permit the Board to appropriately act within
the prescribed time limitations. The applicant shall not be bound
by any concept plan for which informal review is requested, and the
Planning Board shall not be bound by any such review.
The applicant, when required by provisions of this chapter, shall pay to the Clerk fees in accordance with §
150-5C of the Code of the Township of Willingboro.