A.
Permits required. No person shall instigate or carry out any development
in Buena Vista Township without obtaining a development permit issued
by the zoning administrative officer in accordance with procedures
set forth in this chapter.
(1)
A development permit shall be a prerequisite for any development
not requiring a building permit and for the issuance of a building
permit.
(2)
A certificate of subdivision or site plan review, as the case may
be, issued by the administrative officer of a municipal agency, shall
be a prerequisite for the issuance of a development permit for any
development requiring subdivision or site plan review.
(3)
For any development in the Pinelands Area, other than exempt development specified in Subsection D of this section and cases to be filed initially with the Zoning Officer pursuant to Subsection A(4) below, no municipal agency or administrative officer shall determine that any application for development is complete unless it is accompanied by a certificate of filing issued by the Executive Director of the Pinelands Commission. To obtain a certificate of filing, any applicant for development within the Pinelands Area (other than the exceptions listed above) shall first file a copy of all application materials with the Pinelands Commission. In lieu of a certificate of filing and the filing of all application materials with the Pinelands Commission, the procedures set forth in § 115-28 shall apply to applications for development of a single-family dwelling on an existing lot of record.
[Amended 4-28-1997 by Ord. No. 10-1997]
(4)
The zoning administrative officer shall be responsible for reviewing applications and issuing appropriate development permits for uses or buildings in the Pinelands Area that do not require site plan or variance approval and that are specified in Subsection D below as being exempt from Pinelands review; and for buildings and uses not requiring site plan review or Board of Adjustment[1] action in the non-Pinelands area that are listed in Subsection C(1) of this section. Any such non-Pinelands development applications shall be subject to application details listed in § 115-18. The Zoning Officer shall also be responsible for reviewing applications and issuing preliminary zoning permits for the development of single-family dwellings on existing lots of record in the Pinelands Area in accordance with § 115-28.
[Amended 4-28-1997 by Ord. No. 10-1997]
[1]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
(5)
If the zoning administrative officer shall determine that the proposed
development is subject to Planning Board or Board of Adjustment[2] approval, he shall so instruct the applicant. He shall
also advise the applicant which Board has jurisdiction and which of
the following approvals are required:
[Amended 12-23-2002 by Ord. No. 12-2002]
(a)
Subdivision.
(b)
Site plan.
(c)
Variance.
(d)
Conditional use.
(e)
Direction for issuance of a building permit.
(f)
Certificate of appropriateness for a historical structure or
site.
[2]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
B.
Subdivision review and approval.
(1)
Except as hereinafter provided, any subdivision or resubdivision of land in Buena Vista Township shall be submitted for review and approval by the Buena Vista Township Planning Board or its authorized Review Committee, which shall be a prerequisite for the recording or filing of such subdivision with the County Recording Officer. Subdivision approval shall be by resolution, and evidence of such approval shall be indicated on the plat or deed as provided in Article III of this chapter.
(2)
A certificate of subdivision approval indicating applicant, Tax Map
identification and date of approval shall be issued by the Planning
Board's administrative officer.
(3)
Planning Board approval of any subdivision shall expire for failure of recording or filing in accordance with Article III of this chapter.
(4)
Certain divisions or conveyances of land as indicated by the definition of the term "subdivision" in § 115-7 shall not be considered subdivisions subject to regulation by the terms of these regulations and shall be exempt from Planning Board review and approval as a prerequisite to recording or filing with the County Recording Officer. In all such cases, an application to the Planning Board for exemption from subdivision review and approval shall be made and the basis for exemption documented. If exemption is granted by the Planning Board, evidence thereof shall be stated on the document to be recorded or filed and the signature of the Chairman and Secretary of the Planning Board affixed thereto.
C.
Site plan review and approval.
(1)
Except as hereinafter provided, any development requiring a development
permit shall be subject to review and approval by a municipal agency
as a prerequisite to the issuance by the Board's administrative officer
of a certificate of site plan review and the subsequent issuance by
the zoning administrative officer of a development permit. Action
taken by an administrative agency on any application for site plan
approval shall be by resolution in accordance with applicable regulations,
standards and requirements contained in this chapter.
(2)
Site plan review and approval by a municipal agency shall not be
required for development applications in the non-Pinelands Area involving:
(a)
Single-family dwellings on individual lots.
(b)
Accessory uses or buildings, such as a private garage unless
it is part of a multifamily, commercial or industrial use.
(c)
Other buildings or uses incidental to residential or agricultural
land use.
(d)
The construction, repair or removal of any sign, except for
the construction or replacement of any off-site commercial advertising
sign.
(e)
The repair of existing utility distribution lines and the installation
of utility distribution lines to serve existing developments or a
development which has received all necessary approvals and permits.
(f)
In connection with the alteration or repair of an existing building
or use when the zoning administrative officer determines that said
alteration or repair:
D.
Pinelands application exemptions. The following activities, except for development of any historical resource designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154, shall not require an application to the Pinelands Commission. However, those activities listed in Subsection D(1), (2), (3), (4), (7) and (8) shall be subject to review, approval and issuance of a development permit by the zoning administrative officer as provided in Subsection A(3) above.
(1)
The improvement, expansion or reconstruction, within five years of
destruction or demolition, of any single-family dwelling unit or appurtenance
thereof.
(2)
The improvement, expansion, construction or reconstruction of any
structure accessory to a single-family dwelling.
(3)
The improvement, expansion, construction or reconstruction of any
structure used exclusively for agricultural or horticultural purposes.
(4)
The construction, repair or removal of any sign, except for the construction
or replacement of any off-site commercial advertising sign.
(5)
The repair of existing utility distribution lines.
[Amended 7-28-1997 by Ord. No. 17-1997]
(6)
The clearing of less than 1,500 square feet of land.
(7)
The construction of any addition or accessory structure for any nonresidential
use or any multifamily residential structure provided that:
[Amended 10-22-2018 by Ord. No. 64-2018]
(a)
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
(8)
The demolition of any structure that is less than 50 years old.
(9)
The installation of utility distribution lines, except for sewage
lines, to serve areas which are effectively developed or development
which has received all necessary approvals and permits.
[Added 7-28-1997 by Ord. No. 17-1997]
(10)
The repair or replacement of any existing on-site wastewater
disposal system.
[Added 7-28-1997 by Ord. No. 17-1997]
(11)
The repaving of existing paved roads and other paved surfaces,
provided that no increase in the paved width or area of said roads
and surfaces will occur.
[Added 7-28-1997 by Ord. No. 17-1997; amended 10-22-2018 by Ord. No. 64-2018]
(12)
The clearing of land solely for agricultural or horticultural
purposes.
[Added 7-28-1997 by Ord. No. 17-1997; amended 10-22-2018 by Ord. No. 64-2018]
(13)
Fences, provided that no more than 1,500 square feet of land
is to be cleared.
[Added 7-28-1997 by Ord. No. 17-1997]
(14)
Aboveground telephone equipment cabinets.
[Added 7-28-1997 by Ord. No. 17-1997]
(15)
Tree pruning.
[Added 7-28-1997 by Ord. No. 17-1997]
(16)
The following forestry activities:
[Added 7-28-1997 by Ord. No. 17-1997]
(a)
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size.
(b)
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year.
(c)
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted.
(d)
Forest stand improvement designed to selectively thin trees
and brush, provided that no clearing or soil disturbance occurs and
that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year.
(17)
Prescribed burning and the clearing and maintaining of firebreaks.
[Added 7-28-1997 by Ord. No. 17-1997]
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 115-49C.
[Added 7-28-1997 by Ord. No. 17-1997]
(19)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 10-22-2018 by Ord.
No. 64-2018]
(20)
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 10-22-2018 by Ord.
No. 64-2018]
(21)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 10-22-2018 by Ord.
No. 64-2018]
(22)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 10-22-2018 by Ord.
No. 64-2018]
Applications for single-family dwellings on existing individual lots in the non-Pinelands Area and for those uses or buildings specified in § 115-17A(4), C(2) and D above shall be made to the zoning administrative officer and contain or be accompanied by the following:
A.
Plans in quadruplicate, drawn to scale, showing the actual dimensions
and shape of the lot to be built on, the exact size and location on
the lot of any existing buildings, the location and dimensions of
any proposed building or alteration and the location and dimensions
of any proposed vegetation removal or land disturbances.
B.
The applicant's name and address and his interest in the subject
property.
C.
The owner's name and address, if different from the applicant, and
the owner's consent to the filing of the application.
D.
The legal description, including the lot and block designation and
street address of the subject property.
E.
In the case of any such new construction or an addition that would
increase on-site water consumption, plans for proposed water and sanitary
facilities to serve the planned development. The following information
shall be included with respect to such facilities:
F.
In the case of any such development requiring Board of Adjustment[1] action, any additional information needed by that agency
to enable it to reach its decision.
[1]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
A.
Application requirements. An application for subdivision or site
plan review shall be made to the administrative officer of the Planning
Board or Board of Adjustment,[1] as the case may be, on forms supplied by said officer and shall be accompanied by payment to the Township Clerk of applicable fees and escrow funds; adequate proof that no taxes or assessments for local improvements are due or delinquent on the subject property; evidence that the proposed subdivision or site plan conforms to all applicable zoning regulations or, if not, the exact nature of any variance required; administrative, improvement and maintenance arrangements for any common open space to be included as part of the development; in the Pinelands Area, a certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and when prior approval of the development has been granted by a municipal agency, evidence of Pinelands Commission Review pursuant to § 115-27B.
[1]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
B.
Completeness review for municipal agency applications.
(1)
When all submission requirements have been fulfilled and, in the
case of site plans, subdivisions and conditional uses, when completeness
review reports have been received from the Township Engineer certifying
that the plans and attachments are in compliance with all submission
requirements, the administrative officer (Secretary of the Planning
Board or Board of Adjustment25) will, if
all other requirements have been met, deem the application complete,
issue a certificate of completeness and forward the application to
the municipal agency for hearing.
(2)
An application for development shall be deemed to be properly submitted
unless the administrative officer determines that it does not fulfill
the criteria for a complete application pursuant to N.J.S.A. 40:55D-10.3
and has done the following:
C.
Application requirement waiver by municipal agency. A municipal agency
may waive subdivision or site plan details in a specific case other
than those details required by N.J.A.C. 7:50-4.2(b)4, 5, 6 and 7 for
the Pinelands Area, or by law, if the applicant can demonstrate to
the agency's satisfaction that specific information is not necessary
for the agency to determine clearly that all Township plan proposals
and development regulations and standards will be complied with. In
waiving any application requirements, the agency shall make a finding
that said waiver will in no way diminish this chapter's protection
of the health, safety and public welfare of Buena Vista Township citizens.
D.
Map filing requirement. Any application for minor or final major subdivision review and approval shall be accompanied by a plat signed and sealed by a New Jersey licensed land surveyor, which plat shall be based on the most recent Municipal Tax Map information and comply with the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) and applicable details listed in §§ 115-20, 115-21 and 115-22.
Any subdivision application complying with the definition of minor development shall be processed as a minor subdivision. Unless a waiver or modification of one or more application requirements has been obtained for a parcel in the Pinelands Area pursuant to N.J.A.C. 7:50-4.2, or from the Buena Vista Township Planning Board for a parcel in a non-Pinelands area pursuant to § 115-19C above, a minor subdivision application shall include, in addition to the information listed in § 115-19A above, at least the following:
A.
The applicant's name and address and his interest in the subject
property.
B.
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application.
C.
The legal description, including block and lot designation and street
address, if any, of the subject property.
D.
A description of all existing uses of the subject property.
E.
A brief written statement generally describing the proposed development.
F.
A United States Geological Survey (USGS) quadrangle map, or copy
thereof, and a copy of the Municipal Tax Map sheet on which the boundaries
of the subject property, the Pinelands management area designation
and the zoning designation are shown.
G.
A plat or plan showing the location of all boundaries of the subject
property, the location of all proposed development and existing or
proposed facilities to provide water for the use and consumption of
occupants of all buildings and sanitary facilities which will serve
the proposed development. The following information shall be included
with respect to existing or proposed sanitary facilities:
(1)
On-site treatment facilities: location, size, type and capacity of
any proposed on-site wastewater treatment facilities.
(2)
Soil borings and percolation tests: if on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, submitted at suitable locations with a tract map showing locations and logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 115-53.
H.
A location map, including the area extending at least 300 feet beyond
each boundary of the subject property, showing ownership boundary
lines, the boundary of the proposed development, owners of holdings
adjoining and adjacent to the subject property, existing facilities,
buildings and structures on the site, all proposed development, wetlands,
streams (including intermittent streams), rivers, lakes and other
water bodies and existing roads.
I.
A soils map including county soils survey data which conforms to
the guidelines of the United States Department of Agriculture Soil
Conservation Service, showing the location of all proposed development.
J.
A map showing existing vegetation, identifying predominant vegetation
types in the area and showing proposed landscaping of the subject
property, including the location of the tree line before and after
development and all areas to be disturbed as a result of the proposed
development.
K.
All existing and proposed streets and easements (including public
utility easements) within or adjoining the proposed subdivision, with
right-of-way widths clearly indicated.
L.
The dimension of all proposed lot lines of all new lots being created
and parcels being retained; and any existing lot lines to be eliminated
by the proposed subdivision shall be clearly indicated.
M.
North arrow, the scale at which the plat is drawn and the date of
preparation.
N.
The acreage of the entire tract, of new parcels being proposed and
of any reserved parcel(s).
O.
The number of new lots being created and the distance to nearest
existing intersection.
P.
Additional data or information determined by the municipal agency
to be necessary for clarification of the proposal.
Any subdivision application complying with the definition of major development shall be processed as a major subdivision. Unless a waiver or modification of one or more application requirements has been obtained for a parcel in the Pinelands Area pursuant to N.J.A.C. 7:50-4.2, or from the Buena Vista Township Planning Board for a parcel in the non-Pinelands Area pursuant to § 115-19C, application for a major subdivision shall be made initially for preliminary review and approval and shall include, in addition to the data listed in § 115-19A above, at least the information listed in N.J.A.C. 7:50-4.2(b)5, and the following:
A.
A preliminary plat drawn or reproduced at a suitable scale [preferably
not less than one inch equals 100 feet], designed and drawn by a professional
engineer.
B.
Profiles and cross sections of proposed streets within the subdivision
and existing streets and highways abutting the subdivision. Typical
cross sections of streets shall clearly indicate the type and width
of paving, location of curbs and location of sidewalks and street
trees. Any existing or proposed sight triangles at intersections and
the radii of the curblines shall be clearly indicated.
C.
A grading plan showing existing and proposed grading contours at
one-foot intervals throughout the tract, except that if slopes exceed
5%, a two-foot interval may be used, and if they exceed 10% a five-foot
interval is permissible. Datum shall be United States Coast and Geodetic
Survey Datum (MSL-O) and source datum shall be noted. Appropriate
contour designations shall show existing ground elevations and proposed
elevations in any areas to be regraded.
D.
Any lands to be dedicated or reserved for public use, which shall
be clearly indicated.
E.
The location of all underground or surface utilities and easements
to accommodate them, which shall be clearly indicated.
F.
A copy of any protective covenants or deed restrictions proposed
for application to the land being subdivided, which shall accompany
the preliminary plat, or a statement that there are no such covenants
or deed restrictions.
G.
The location of standards, distance from intersections and illumination
factors for all streetlighting, which shall be included.
H.
Plans and profiles for any extension of off-tract improvements necessitated
by the development.
I.
Additional information which the municipal agency, at its discretion,
may require to be supplied by the applicant for further classification.
Applications for approval of major subdivisions shall be made on appropriate application forms. The final plat, together with supporting plans and documents, shall become the basis for construction of the subdivision and inspection by the Township Engineer and other Township officials and agencies. The final plat for all or any portion of an approved preliminary plat may be submitted to the municipal agency within three years of the date of approval of the preliminary plat. Unless a waiver or modification of one or more application requirements has been obtained for a parcel located in the Pinelands Area pursuant to N.J.A.C. 7:50-4.2, or for a parcel located in the non-Pinelands Area from the municipal agency pursuant to § 115-19C, the application for final subdivision approval shall include, in addition to the materials listed in § 115-19A and C above, at least the information listed in N.J.A.C. 7:50-4.2(b)5, and the following:
A.
A final plat, suitable for filing in the County Clerk's office, drawn
at a scale of not less than 100 feet to the inch.
B.
A certificate of title, which may be on the plat (signed by the owner
and notarized) or in letter form, signed by a member of the New Jersey
Bar or by a title officer or authorized agent of a title insurance
company licensed to do business in the State of New Jersey, which
certificate shall confirm that the owner of the premises in question
is the owner as shown on the plat.
C.
A title block, to appear on all sheets and include:
(1)
The title, to read: "Final Plat — Major Subdivision."
(2)
The development name.
(3)
The Tax Map sheet, block and lot numbers of the tract to be subdivided
as shown on the latest Township Tax Map, the date of which shall also
be shown.
(4)
The dates of original preparation and all revisions.
(5)
The names and addresses of the owner and subdivider so designated.
(6)
The names, signatures, addresses and license numbers of the engineer
and land surveyor who prepared the map. The plat shall bear the embossed
seal of said engineer and land surveyor.
D.
The final plat shall be based on a monumented, current, certified
boundary survey prepared in accordance with N.J.A.C. 13:40-5.1. The
date of the survey and the name of the person making the same shall
be shown on the map. If 12 months or more have passed since the date
or date of last recertification of the survey, it shall be recertified
and, if necessary, brought up-to-date. Any necessary revisions of
the survey used as a base for the preliminary plat shall be specifically
noted.
E.
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, lot lines and other site lines, all with accurate dimensions,
bearings or deflection angles; and radii, arcs and central angles
of all curves.
F.
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.
G.
All natural and artificial watercourses, streams, shorelines, water
boundaries and encroachment lines shall be shown.
H.
Each block shall be numbered, and the lots within each block shall
be numbered consecutively beginning with No. 1, as approved by the
Township Engineer.
I.
The location and description of all monuments.
J.
The names of owners of adjoining land parcels.
K.
A schedule placed on the map, indicating the acreage of the tract,
the number of lots, the zone, the lot areas, setbacks, yards and dimensions.
L.
All design information and submissions required by the provisions
of the improvements and design standards portions of this chapter
shall accompany the final plat.
M.
A grading plan showing existing and proposed grading contours at
one-foot intervals throughout the tract, except that if slopes exceed
5%, a two-foot interval may be used, and if they exceed 10%, a five-foot
interval is permissible. Datum shall be United States Coast and Geodetic
Survey Datum (MSLO) and the source of datum shall be noted; appropriate
contour designations shall show existing and proposed ground elevations
in any areas to be regraded.
N.
Center-line profiles and cross sections of proposed streets to the
grading limit at maximum two-hundred-foot intervals.
O.
Pipe sizes, type and profiles, inverts and grate or rim elevations
and location of storm drainage systems.
P.
Plans and profiles of sanitary sewers and water mains.
Q.
Performance guaranties, approved by the Township Attorney as to form
and the Township Engineer as to amount, sufficient to insure the satisfactory
completion of improvements and facilities as required by the resolution
of the municipal agency granting preliminary approval.
R.
Additional information which the municipal agency, at its discretion,
may require to be supplied by the applicant for further clarification.
Any proposed development conforming to the definition of minor or major development, except for activities listed as being exempt from the Pinelands Review in § 115-17D or listed as being exempt from municipal agency review in § 115-17C or as further provided in § 115-17A(4) shall be processed as a minor or major site plan. Site plans may be reviewed and approved or denied by a municipal agency simultaneously with review for minor or major subdivision approval pursuant to N.J.S.A. 40:55D-51c.
A.
Minor site plan application details. Unless a waiver of one or more requirements has been obtained for a parcel in the Pinelands Area pursuant to N.J.A.C. 7:50-4.2, or for a parcel in the non-Pinelands Area pursuant to § 115-19C, a minor site plan application shall include, in addition to the information listed in §§ 115-19A and 115-20A through P, at least the following:
(1)
The site plan shall be prepared by a New Jersey licensed professional
engineer whose seal and signature shall be affixed to the plan.
(2)
Site plans shall be drawn to a scale of 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 0.1 second. The error of closure shall
not exceed one in 10,000.
(3)
The location and design of any off-street parking or loading areas,
showing size and location of bays, aisle ways, barriers, pedestrian
access, vehicular access and number of parking or loading spaces.
(4)
All means of vehicle access and egress proposed for the site, showing
size and location of driveways and driveway or curb openings on existing
public streets.
(5)
The location of all storm drainage pipes, structures and watercourses,
whether publicly or privately owned, with pipe sizes, grades and direction
of flow, whether existing or proposed and also whether above or below
the ground surface.
(6)
Existing topography with a contour interval of one foot where slopes
are 3% or less, two feet where slopes are more than 3% but less than
15% and five feet where slopes are greater than 15%, referenced to
the United States Coast and Geodetic Survey Datum or other approved
local datum and indicated by a dashed line. Where any regrading is
proposed, finished grade contours should be shown in solid lines.
(7)
The location of all proposed sewer and water lines, valves, hydrants
and other appurtenances or alternative means of water supply and sewage
disposal and treatment in conformance with applicable standards of
the appropriate municipal, county and state agencies.
(8)
The proposed positioning, direction, illumination, wattage and periods
of operation of all proposed outdoor lighting to be used anywhere
on the site or in connection with any proposed building or structure
(including signs) thereon.
(9)
The location of all proposed signs, their size, nature of construction,
height and orientation, including all identification signs, traffic
and directional signs and freestanding signs, together with nature
and time control of sign lighting.
(10)
A soil erosion and sediment control plan pursuant to the requirements
of N.J.S.A. 4:24-39 et seq.
(11)
If maps are revised, revision dates must be indicated on the
map.
(12)
Such other information or data as may be required by the Planning
Board, as set forth in its rules of procedure, in order to determine
that the proposed development is in accord with the Township Master
Plan and all applicable ordinances of the Township of Buena Vista.
B.
Major site plan preliminary application details. Unless a waiver or modification of one or more application requirements has been obtained for a parcel in the Pinelands Area pursuant to N.J.A.C. 7:50-4.2, or for a parcel in the non-Pinelands Area pursuant to § 115-19C, application for a major site plan, other than forestry or resource extraction, shall be made initially for preliminary review and approval and shall include, in addition to the information specified in § 115-19A and Subsection A(1) through (12) above and N.J.A.C. 7:50-4.2(b)5, at least the following:
(1)
Site plans for conventional development.
(a)
A survey prepared by a land surveyor licensed by the State of
New Jersey shall accompany major site plans and shall show the boundaries
of the parcel and the limits of all proposed streets, recreation areas
and other property to be dedicated to public use or common open space.
In the case of new commercial, industrial or public buildings, the
site plan shall be accompanied by preliminary architectural floor
plans and elevations, with the name, address, professional number
and seal of the architect involved.
(b)
All proposed street profiles and cross sections shall be shown,
indicating width of roadway, location and width of sidewalks and location
and size of utility lines according to standards and specifications
of Buena Vista Township. Such features are to be shown on a separate
map when necessary.
(c)
Any extension of off-tract improvements necessitated by the
proposed development.
(d)
A traffic survey including trip projections, road and intersection
capacity problems and needed transportation improvements.
(e)
The substance of any covenants, grants, easements, dedications
or restrictions proposed.
(2)
Additionally, in the case of site plans for any planned development,
the following:
(a)
The density of population and land use to be allocated to various
parts of the site.
(b)
The location and size of any common open space or open space
to be dedicated to the public.
(c)
The form of the organization proposed to own and manage privately
held common open space, together with the proposed methods and arrangements
for maintaining it, regulating its use and assuring its permanence.
(d)
The use, height and bulk of all proposed buildings and other
structures.
(e)
Modifications of existing Township zoning requirements governing
streets or ways or the use, density and location of buildings or structures
being requested.
(f)
The projected schedule for development and the approximate times
when approvals will be requested.
(g)
A statement as to why the public interest would be served by
the proposed development.
(h)
A detailed economic impact study, including a market analysis
for the uses proposed.
(i)
A social impact study indicating how the proposed development
would fit into the existing community structure, the segments of the
population to be served and any existing social problems the development
would help to solve.
C.
Final major site plan application details. Unless a waiver or modification of one or more application requirements has been obtained for a parcel in the Pinelands Area pursuant to N.J.A.C. 7:50-4.2, or for a parcel in the non-Pinelands Area pursuant to § 115-19C, application for review and approval of a major site plan other than forestry or resource extraction shall be made on an appropriate form to a municipal agency and shall contain or be accompanied by the following:
(1)
Information and data contained in the submission for preliminary approval pursuant to Subsection B above.
(2)
Any site plan revisions, additional data or revised documentation
required by the municipal agency in its resolution granting preliminary
approval.
(3)
Offer of dedication of streets or other public ways and deeds for
any public open space resulting from preliminary development approval.
(4)
Performance guaranties, approved by the Township Attorney as to form,
and the Township Engineer as to amount, sufficient to insure the satisfactory
completion of improvements and facilities as required by the resolution
of the municipal agency granting preliminary approval.
D.
Resource extraction preliminary site plan application details. Unless a waiver or modification of one or more application requirements has been obtained for a parcel in the Pinelands Area pursuant to N.J.A.C. 7:50-4.2 or for a parcel in the non-Pinelands Area pursuant to § 115-19C, application for a resource extraction site plan shall be made initially for preliminary review and approval and shall include, in addition to the information specified in § 115-19A and N.J.A.C. 7:50-4.2(b)6, at least the following:
[Amended 7-28-1997 by Ord. No. 17-1997]
E.
Resource extraction final site plan application details, Unless a waiver or modification of one or more application requirements has been obtained for a parcel in the Pinelands Area pursuant to N.J.A.C. 7:50-4.2 or for a parcel in the non-Pinelands Area pursuant to § 115-19C, application for resource extraction site plan final review shall be made on an appropriate form to a municipal agency and shall contain or be accompanied by the following:
[Amended 7-28-1997 by Ord. No. 17-1997]
An application for a waiver of strict compliance with provisions
of the Pinelands Comprehensive Management Plan, pursuant to N.J.A.C.
7:50-4, Part V, may be made to the Commission in cases involving extraordinary
hardship or compelling public need. Such an application may be filed
prior to filing an application for development or during development
application review, in which case review time periods should be stayed.
An application for a waiver of strict compliance shall include at
least the information set forth in N.J.A.C. 7:50-4.2(b)7.
Subsequent to any preapplication conference concerning a development
proposal in the Pinelands Area held pursuant to N.J.A.C. 7:50-4.2(a),
an application for a letter of interpretation may be submitted to
the Pinelands Staff Executive Director and shall include any information
determined by the Executive Director to be necessary for evaluation
of the applicant's request.
A.
General requirement. Any municipal agency shall give notice to the
Pinelands Commission, as hereinafter specified, of the filing of,
and changes to, any application for development and of hearings and
meetings concerning the filing and disposition of every application
for development within the Pinelands Area filed with it.
B.
Notice of application. Within seven days following a determination
of completeness of an application for development in the Pinelands
Area, or any change to any application for such development which
was previously filed, notice of such application shall be given by
the approval agency, by email or regular mail, to the Pinelands Commission.
Said notice shall contain at least the following information:
[Amended 10-22-2018 by Ord. No. 64-2018]
(1)
The name and address of the applicant.
(2)
The legal description and street address, if any, of the parcel that
the applicant proposes to develop.
(3)
A brief description of the proposed development, including uses and
intensity of uses proposed.
(4)
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which if was issued.
(5)
The date on which the application, or any change thereto, was filed
and any application number or other identifying number assigned to
the application by the approval agency.
(6)
The approval agency with which the application or change thereto
was filed.
(7)
The content of any change made to the application since it was filed
with the Pinelands Commission, including a copy of any revised plans
or reports.
(8)
The nature of the municipal approval or approvals being sought.
C.
Notice of hearings and meetings. Notice of any hearing, public meeting
or other formal proceeding, at which an application for development
in the Pinelands Area is to be considered, shall be given to the Pinelands
Commission by email, regular mail or delivery of the same to the principal
office of the Commission not less than five days prior to such meeting,
hearing or other formal proceeding. Such notice shall contain at least
the following:
[Amended 10-22-2018 by Ord. No. 64-2018]
(1)
The name and address of the applicant.
(2)
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued.
(3)
The date, time and location of the meeting, hearing or other formal
proceeding.
(4)
The name of the approval agency or representative thereof that will
be conducting the meeting, hearing or other formal proceeding.
(5)
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission.
(6)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
D.
Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Township,
whether the approval occurs by action or inaction of any approval
agency or an appeal of any agency's decision. The approval agency
shall, within five days of the approval or denial, give notice by
email or regular mail to the Pinelands Commission. Such notice shall
contain the following information:
[Amended 10-22-2018 by Ord. No. 64-2018]
(1)
The name and address of the applicant.
(2)
The legal description and street address, if any, of the parcel that
the applicant proposes to develop.
(3)
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued.
(4)
The date on which the approval or denial was issued by the approval
agency.
(5)
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission.
(6)
Any revisions to the application not previously submitted to the
Commission.
(7)
A copy of the resolution, permit or other documentation of the approval
or denial. If the application was approved, a copy of any preliminary
or final plan, plot or similar document that was approved shall also
be submitted.
A.
General.
(1)
Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 115-26D above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.43. The approval of the Township shall not be effective and no development approval shall be carried out prior to the determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
(2)
Until January 14, 1991, approvals issued by the Pinelands Development
Review Board or the Pinelands Commission under the Interim Rules and
Regulations shall serve as the basis for Pinelands Commission review
of the local approval under this section.
(3)
Although the Pinelands Commission shall be notified of all denials,
no such denial actions are subject to further review and action by
the Pinelands Commission.
B.
Action on prior approvals of the Township. Where a prior approval
has been granted by any municipal agency, no subsequent approval of
an application for development approval shall be granted until one
of the following is satisfied:
(1)
Notification is received from the Pinelands Commission that review
of the prior local approval is not required; or
(2)
Review of the prior local approval has been completed pursuant to
N.J.A.C. 7:50-4.31 through 7:50-4.42 and a final order regarding the
approval is received by the municipal agency from the Pinelands Commission.
C.
Effect of Pinelands Commission decision. If the Pinelands Commission disapproves an application for development previously approved by a municipal agency, such approval shall be revoked by the municipal agency, and the agency shall thereafter, within 30 days, deny approval of the application. If the Commission approves the decision of a municipal agency subject to conditions, the municipal agency which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant. Except as provided in § 115-28, the requirements of § 115-27C shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
[Amended 4-28-1997 by Ord. No. 10-1997]
D.
Pinelands staff participation in municipal review process. The Pinelands
Commission staff may participate in the municipal review process concerning
an application for development in the Pinelands Area pursuant to N.J.A.C.
7:50-4.36.
E.
Public development. All development proposed by the Township or any
agency thereof will comply with all requirements for public development
set forth in N.J.A.C. 7:50-4.51 through 7:50-4.58 and all the standards
of this chapter.
F.
Environmental Commission review. All applications for major development,
forestry and resource extraction shall be referred to the Environmental
Commission for review and comment.
G.
Amendments. In amending the Township Master Plan or the Township
Development Code, the Township shall comply with all of the requirements
of N.J.A.C. 7:50-3.45.
[Added 4-28-1997 by Ord. No. 10-1997]
A.
The Zoning Officer is hereby authorized and directed to issue preliminary
zoning permits as a prerequisite to the issuance of a construction
permit or other permits or approvals which are needed to develop a
single-family dwelling on an existing lot of record within the Township
of Buena Vista.
B.
Applications for a preliminary zoning permit.
(1)
An application for a preliminary zoning permit shall be submitted
to the Zoning Officer and shall include the following:
(a)
The applicant's name and address and his interest in the subject
property.
(b)
The applicant's signed certification that he is duly authorized
to submit the application, that the materials and information are
accurate and that duly authorized representatives of the Township
of Buena Vista and Pinelands Commission are authorized to inspect
the property.
(c)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application.
(d)
The street address, if any, the Tax Map sheet and block and
lot number of the property.
(e)
Proof that taxes for the property have been paid.
(f)
Acreage of the property in square feet.
(g)
A dated plot plan, prepared by a professional engineer or architect
licensed in the State of New Jersey, with the scale noted, showing:
[Amended 10-13-1998 by Ord. No. 18-1998]
[1]
The zoning district in which the property is located.
[2]
The location and dimensions of all property lines, easements
affecting the property and streets abutting the property.
[3]
The location of all yards and setbacks required pursuant to § 115-77, Schedule of District Requirements.
[4]
The location and use of all existing structures and improvements
on the property and their intended disposition.
[5]
A building envelope within which the single-family dwelling
is to be located.
[6]
The location and dimensions of the proposed driveway.
[7]
The location and dimensions of any proposed accessory structures
or improvements.
[8]
The location and dimensions of the area in which any sewage
disposal system, including the disposal field, is proposed to be located.
[9]
The location of any proposed water supply well.
[10]
A comprehensive grading plan, sufficient to determine
the general lay of the land and existing and proposed drainage patterns.
[11]
The comprehensive grading plan shall indicate
that the finished floor elevation of a single-family home shall be
not less than one-foot higher than the crown of the particular roadway
or roadways abutting the property. Should there be more than one roadway
abutting the property then the elevation shall be not less than one-foot
higher than the highest crown. Failure to comply with this provision
may result in a stop work notice being issued, a revocation of the
building permit and/or an order requiring partial or completed construction
to be removed.
(h)
If proposed, certification that central sewer and/or water service
are available.
(2)
The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with Chapter 49. Such information may include, but is not limited to, a soil boring in the area of any proposed septage system disposal field, a wetland and wetland buffer map and information to determine compliance with any permitted use requirement of Chapter 49.
(3)
The Zoning Officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with Chapter 49.
(4)
Within 14 days of receipt of an application, the Zoning Officer shall
determine whether the application is complete and, if necessary, notify
the applicant of any additional information which is necessary to
complete the application.
C.
Permit decisions. Within 14 days of determining an application to
be complete, the Zoning Officer shall issue either or a preliminary
zoning permit or a refusal to issue a preliminary zoning permit.
D.
Preliminary zoning permit.
(1)
A preliminary zoning permit shall be issued if:
(a)
The application is consistent with the requirements of Chapter 49 or any necessary variance from those requirements has been obtained.
(b)
No waiver of strict compliance from the requirements of the
Pinelands Comprehensive Management Plan is necessary or any such waiver
has been approved by the Pinelands Commission.
(c)
A duly authorized representative of the Pinelands Commission
approves the Zoning Officer's determination and so signifies by signing
the preliminary zoning permit.
(d)
The Township Engineer and Zoning Officer have reviewed and approved
the plot plan as prepared by a professional engineer or architect
licensed in the State of New Jersey.
[Added 10-13-1998 by Ord. No. 18-1998]
(2)
A preliminary zoning permit shall expressly incorporate the plot plan being approved, shall specify any conditions which the Zoning Officer determines are necessary to ensure compliance with Chapter 49 and shall specify the expiration date of the permit.
(3)
The Zoning Officer shall provide copies of the application and the
preliminary zoning permit to the Pinelands Commission within five
days of the issuance of the permit.
E.
Effect of preliminary zoning permit.
(1)
A preliminary zoning permit represents a determination that the application meets the requirements of Chapter 49 of the Code of the Township of Buena Vista and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(2)
A preliminary zoning permit shall be valid for two years and shall,
during that period, confer the following rights and privileges:
(a)
The approved application shall not be subject to any substantive revisions of Chapter 49 of the Code of the Township of Buena Vista or the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(b)
Any subsequent approvals necessary for the development of the
single-family dwelling on the property may be sought without the need
for a certificate of filing from the Pinelands Commission.
F.
Refusal to issue preliminary zoning permit.
(1)
The Zoning Officer shall issue a refusal to issue a preliminary zoning
permit if any of the following are found to apply:
(c)
A waiver of strict compliance from the Pinelands Comprehensive
Management Plan is required; or
(d)
The duly authorized representative of the Pinelands Commission
has not attested to the consistency of the application with the Pinelands
Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(2)
A refusal to issue a preliminary zoning permit shall expressly reference the reasons why the refusal was issued. If the refusal is predicated solely upon the need to obtain a variance from Chapter 49, the refusal shall also indicate that, upon the applicant's submission of evidence of Planning Board or Board of Adjustment[1] approval of the necessary variance, the Zoning Officer shall determine whether a preliminary zoning permit may be issued pursuant to Subsection D above.
[1]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
(3)
When a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from Chapter 49, the Zoning Officer shall provide copies of the application and the refusal to the Pinelands Commission within five days of the issuance.
(4)
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon Subsection F(1)(b) or (d) above, the Zoning Officer shall provide the original application and a copy of the refusal to the Pinelands Commission within five days of the issuance. The Pinelands Commission shall thereafter process the application pursuant to the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq. and §§ 115-17, 115-26 and 115-27 of the Code of the Township of Buena Vista. In lieu of a preliminary zoning permit, a certificate of filing from the Pinelands Commission shall thereafter be required as a prerequisite to the issuance of a construction or other permit.
