Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such applications shall be governed by the provisions of Article III of this chapter.
Any other provisions of the ordinances of the Borough of South River to the contrary notwithstanding, public notice and notice with respect to all applications for development, with the exception of applications for final approval pursuant to N.J.S.A. 40:55D-50, shall be given in accordance with the provisions of N.J.S.A. 40:55D-12.
At the request of the developer, the reviewing board shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credited toward the application fees for review for the application for development. The developer shall not be bound by any concept plan for which review is requested, and the reviewing board shall not be bound by any such review.
A. 
In addition to the current required submittals set forth above, all drawings associated with the preliminary and final application of major site plans, minor subdivisions, and major subdivisions and their applicable reports shall be submitted in Adobe Portable Document Format (PDF) at 400 by 400 dpi. All other documents, such as but not limited to application, escrow sheet, completion checklist, environmental impact study, traffic study, stormwater report, sewer and water report, reforestation or woodland management plan, and permits associated with the application, shall be submitted in Adobe Portable Document Format (PDF) at 300 by 300 dpi. All revisions and resubmissions shall also be submitted in these formats.
B. 
All filed maps and required final as-built plans shall be submitted in one of the following formats: Autocad Drawing File (dwg), ESRI Shape File (shp), Drawing Exchange Format File (dxf) or Microstation drawing file (dgn) and contain coordinate values for at least three identifiable boundary corners (preferably in the 1983 New Jersey State Plane Coordinate System). Exceptions may be granted by the approving board for circumstances where production of a CAD file presents an undue hardship.
A. 
Conditions precedent.
(1) 
Whenever any application for development is approved subject to specified conditions intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions, other than those contemplated by N.J.S.A. 40:55D-22b, are fulfilled within 180 days of the date of conditional approval.
(2) 
Proof that applications have been filed with all other agencies having jurisdiction over any aspect of the application for development shall be filed with the municipal agency.
(3) 
The fulfillment of all conditions precedent shall be reported in writing to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit or zoning permit be issued.
(4) 
When all conditions have been fulfilled with respect to any minor or major subdivision, the applicant shall, within 45 days of the fulfillment of all such conditions, submit his deed or map for signature in accordance with N.J.S.A. 40:55D-47 or 40:55D-54 or any such approval shall lapse and be of no force and effect; provided, however, that the applicant may, for good cause shown, obtain an extension either before or after the lapse of said forty-five-day period within a reasonable exercise of the Board's judgment.
B. 
Conditions subsequent.
(1) 
Whenever any application for development is approved subject to conditions, which by their terms are incapable of being fulfilled or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such conditions within 180 days from the date of final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled.
(2) 
Nothing herein contained shall be construed as preventing the municipal agency from specifying a longer period of time within which any specific condition must be fulfilled or from granting upon an ex parte application an extension of time for good cause shown.
(3) 
The fulfillment of all conditions shall be reported in writing to the municipal agency, which may cause such reports to be verified in an appropriate manner.
(4) 
For purposes of calculating the time period in which conditions must be fulfilled, such time period shall commence from the date on which the resolution memorializing an approval was adopted.
C. 
Any variance from the terms of this chapter hereafter granted by the Planning Board or the Board of Adjustment permitting the erection or alteration on any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within nine months from the date of entry of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the governing body, or to a court of competent jurisdiction until the determination in any manner of such appeal or proceeding.
All regular and alternate members of the Planning Board and the Zoning Board of Adjustment shall be required to successfully complete a course in land use law and planning which has been authorized by the New Jersey Commissioner of Community Affairs and/or New Jersey planning officials within 18 months of assuming Board membership. No new member of the Planning Board/Zoning Board of Adjustment shall be seated as a first-term member or alternate member of the Board unless the person agrees to complete the basic course required and complete that course within 18 months of assuming Board membership. The Mayor or Class I member, a member of the governing body serving as a Class III member, and any person licensed as a professional planner shall be exempt from this requirement.