[1]
Editor's Note: See also the Variance Application Checklist
and the Land Development Application Checklist, adopted 11-17-2014
by Ord. No. 824-2014, which are included as attachments to this chapter.
[Amended 3-15-2021 by Ord. No. 924-2021]
In order to assure the harmonious development of all areas of the Borough in accordance with the intended appearance of each neighborhood as established by the Borough Master Plan, to assure that maximum care is exercised to preserve and enhance natural features, to preclude the creation of traffic flow or traffic safety problems, to conserve the general value of property within the Borough and to maximize efforts to assure each property owner of the right to the safe and comfortable enjoyment of his property, a site plan application for development shall be submitted for review to the Joint Land Use Board in accordance with procedures set forth in § 190-123 for review with compliance with the standards set forth below in § 190-125.
[Amended 3-2-1987 by Ord. No. 401-87; 3-17-1997 by Ord. No.
619-97; 3-15-2021 by Ord. No. 924-2021]
The following procedures shall be followed to secure a site
plan of proposed construction or for exemption from the requirements
of this chapter:
A.
Application requirements.
(1)
The
applicant shall file with the Joint Land Use Board on forms provided
by the Joint Land Use Board an application for site plan approval.
The application shall be accompanied by such plans, necessary fees
or other data specified herein and shall include a statement, in writing,
by the applicant, with adequate evidence showing that the proposed
site plan will conform to the standards herein specified.
(2)
In the event that the change in use will not require a building permit, nor any permit from the Hunterdon County Soil Conservation Service, nor an additional requirement for off-street parking, then an applicant shall file an application for exemption from the other requirements set forth herein. The Joint Land Use Board shall review each request for exemption or reject the request and require the applicant to file the formal site plan as otherwise required herein. The fee for the exemption application shall be as prescribed in Chapter 10, Fees, of this Code. In the event that any professional fees are incurred in connection with the exemption from site plan application, those fees shall be paid by the applicant prior to issuance of any Joint Land Use Board approval. The application for exemption shall be on a form provided by the Joint Land Use Board.
B.
Preapplication conference with the Joint Land Use Board. Prior to
filing a formal application for an approval of a site plan, the developer
may request and shall be granted a preapplication conference with
the Joint Land Use Board. The purpose of such conference is to allow
the developer to present a general concept of his proposed development
prior to the preparation of detailed plans. For this purpose, the
presentation shall include but not be limited to:
(1)
A written letter of intent from the developer establishing his
intentions as to the development of the property.
(2)
A location map and topographic survey map, including delineation
of all areas which have natural slopes in excess of 15%.
(3)
Sketch plans and concepts regarding land use, building type
and arrangement, density, landscaping and open area and other generalized
site details.
(4)
General descriptions and tentative proposals regarding water
supply, waste disposal, sewage disposal, utilities, surface drainage
and circulation and parking improvements.
C.
The Joint Land Use Board shall consult with the developer with regard
to all zoning and other development requirements, including state
and county plans which may affect the proposed development or the
procedural steps for approval.
D.
In the event that approval of the site plan would require a variance,
it shall be secured by the applicant prior to submitting a formal
application for site plan approval.
E.
Site plan approval.
(1)
Review by Joint Land Use Board.
(a)
Upon the submission to the administrative officer of a complete
application for a site plan which involves 10 acres of land or less
and 10 dwelling units or fewer, the Joint Land Use Board shall grant
or deny preliminary approval within 45 days of the date of such submission
or within such further time as may be consented to by the developer.
Upon the submission of a complete application for a site plan which
involves more than 10 acres or more than 10 dwelling units, the Joint
Land Use Board shall grant or deny preliminary approval within 95
days of the date of such submission or within such further time as
may be consented to by the developer. Otherwise, the Joint Land Use
Board shall be deemed to have granted preliminary approval of the
site plan.
(b)
Final approval shall be granted or denied within 45 days after
submission of a complete application to the administrative officer
or within such further time as may be consented to by the applicant.
Failure of the Joint Land Use Board to act within the period prescribed
shall constitute final approval, and a certificate of the administrative
officer as to the failure of the Joint Land Use Board to act shall
be issued on request of the applicant.
(2)
Public hearing. Prior to acting upon any application for site
plan approval, a public hearing shall be held thereon in accordance
with the provisions of N.J.S.A. 40:55D-10 and amendments thereto.
(3)
Action by resolution. The action of the Joint Land Use Board
shall be by resolution and, in the event of disapproval, shall state
the reasons therefor.
(4)
Reports; recommendations. The Joint Land Use Board may request
reports or recommendations from such other Borough officials, employees
or advisors and such other persons as it deems appropriate to the
particular site plan.
(5)
Submission to County Planning Board. Each application for site
plan approval, where required pursuant to Section 8 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.6), shall be submitted by the applicant to
the County Planning Board for review or approval, and the Milford
Borough Joint Land Use Board shall condition any approval that it
grants upon timely receipt of a favorable report on the application
by the County Planning Board. If the County Planning Board fails to
report within 30 days after its receipt of a site plan, said site
plan shall be deemed to have been approved by the County Planning
Board. Upon mutual agreement between the County Planning Board and
Milford Borough Joint Land Use Board, with the approval of the applicant,
the thirty-day period may be extended for an additional thirty-day
period.
F.
Copies of application; purpose of reports. Upon receipt of the application,
the Joint Land Use Board shall review the same and, within 10 days
after the next regular meeting of the Joint Land Use Board following
receipt of the application, submit copies thereof to the Borough Council,
the Borough Engineer, the Hunterdon County Division of Public Health
Services, the County Planning Board, the Borough Board of Education
and the United States Department of Agriculture Natural Resources
Conservation Service, who shall, within 30 days of receipt of such
copies, submit their reports to the Joint Land Use Board. Failure
to submit such reports within 30 days shall indicate approval by the
agency in question, unless, by mutual agreement between the Joint
Land Use Board and other agency and the applicant, the thirty-day
period shall be extended for an additional thirty-day period, and
any such extension shall so extend the time within which the Borough
Joint Land Use Board shall be required by law to act. The purpose
of reports submitted by these bodies shall be as follows:
(1)
Borough Council. From the Borough Council, a certification that
the proposed sewage disposal and collection system has been approved
by it.
(2)
Borough Engineer. From the Borough Engineer, a certification
that all matters requiring his approval under this article have been
approved by him.
(3)
Hunterdon County Division of Public Health Services. From the
Hunterdon County Division of Public Health Services, a certification
that the proposed development complies with all of the requirements
of all local and state health laws, ordinances and regulations.
(4)
Water and sewer. From the Milford Borough Sewer Utility and
the Milford Borough Water Department, a certification declaring or
otherwise stating that each system possesses sufficient, uncommitted
capacity to accommodate the proposed development.
(5)
County Planning Board. From the County Planning Board, at its
option, a report with respect to the effect of the proposed construction
upon any county facilities or interest.
(6)
Natural Resources Conservation Service. From the Natural Resources
Conservation Service, at its option, a report and recommendation regarding
soil erosion control.
G.
Issuance of building permit. Upon site approval, a building permit
and other necessary approvals shall be issued forthwith upon the request
of the applicant.
H.
Recorded plan to be binding. The proposed project shall be developed
only according to the approved and recorded site plan and all supporting
data. The recorded plan and supporting data, together with all recorded
amendments, shall be binding upon the applicant, its successors, grantees
and assignees and shall limit and control the use of the premises
and location of structures as set forth therein.
[Amended 12-4-1989 by Ord. No. 528-89]
In addition to the application for site plan approval, the applicant
shall submit the following data, plans and documentation at each phase
of the site plan review process:
A.
The preapplication conference:
(1)
General site information and data regarding site conditions,
land characteristics, available and proposed community facilities
and utilities and related information.
(2)
A sketch plan, drawn in simple sketch form, showing the proposed
location and extent of land uses, streets, landscaping, open areas
and proposed density.
(3)
Legal descriptions and proof of ownership of the property.
(4)
A location map and topographic survey, including delineation
of all areas which have natural slopes in excess of 15%.
(5)
Proposals for utilities.
B.
Review by Joint Land Use Board:
(1)
The name of the development, name of person or firm preparing
site plan, Tax Map lot and block number and key map showing the location
within the Borough.
(2)
The locations and names of all adjacent property owners within
200 feet of the applicant's property.
(3)
A site plan, at a scale of not less than one inch to 50 feet
and showing setback areas, building locations, open areas, off-street
parking, private internal driveways and streets, general locations
and methods of handling utilities, generalized landscaping and other
information required to indicate the character of the proposed development
and other information required by this article.
(4)
Calculations of the total site area, frontage, lot area per
dwelling unit, number of dwelling units by type, open areas and floor
areas of typical units.
(5)
Boundary lines showing bearings and distances, existing and
proposed easements, indicating the general location, width and purpose
and streets on and adjacent to the tract and showing the right-of-way
width, pavement type and pedestrian walkways and sidewalks.
(6)
Subsurface conditions, if required by the Borough Engineer,
and an indication of watercourses, marshes, rock outcrops, wooded
areas and other significant features.
(7)
Preliminary architectural plans for primary buildings, with
sufficient detail to permit an understanding of the style of the development,
the design of buildings and the number, size and type of dwelling
units.
(8)
Grades of proposed driveways and roads and proposed traffic
flow.
(9)
The location of existing and proposed drainage facilities.
No approval of a site plan shall be given by the Borough Joint
Land Use Board unless the Board shall find that:
A.
The proposed development shall not be detrimental to or endanger
the public health, safety, convenience or general welfare.
B.
The development shall not be injurious to other property in the immediate
vicinity nor substantially diminish or impair property values.
C.
The proposed development shall not impede the normal or orderly development
and improvement of the surrounding property.
D.
Adequate utilities, access roads and other necessary community facilities
are or shall be provided.
E.
Adequate measures are or shall be taken to provide ingress and egress
so designed as to minimize traffic and safety conditions in the public
streets.
F.
The proposed development is consistent with the objectives of the
Master Plan or development scheme of the Borough.
G.
The development shall in all other respects conform to the regulations
of this chapter.
H.
Adequate buffer and open area shall be available within the development
so as to maintain the generalized characteristics of the Borough and
the surrounding neighborhood.
I.
The Borough Engineer and Borough Council shall certify that all necessary
engineering improvements are adequate and approved.
[Amended 5-3-1982 by Ord. No. 277-82]
A.
Maintenance bond. No certificate of occupancy shall be issued permitting
the use of any building or structure for which a building permit is
issued under this article unless the Borough Engineer shall certify
that all improvements required by this chapter shall be complete,
and a maintenance bond, if required by the Joint Land Use Board, shall
be filed with the Borough Clerk in an amount fixed by the Borough
Joint Land Use Board, approved by the Borough Attorney as to form,
sufficiency and execution, for the maintenance in good, healthy and
attractive appearance of the lawns, trees, shrubs, gardens and other
green ground cover, shown on the landscape plan as approved by the
Joint Land Use Board, for a period of three years from the dates of
the planting thereof. Such maintenance bond may be in the form of
a maintenance agreement accompanied by a certified check payable to
the Borough in the amount of the maintenance guaranty, a maintenance
bond of any bonding or surety company approved by the Borough Council
or any other type of surety approved by the Borough Attorney and the
Borough Council. Such performance guaranty shall be returned to the
developer after full compliance with the terms of the bond or maintenance
agreement.
B.
Performance bond or guaranty. The Joint Land Use Board may, in its
discretion, authorize the issuance of certificates of occupancy with
respect to any building or structure for which a building permit is
issued under this article, and, with respect to which all improvements
required by this chapter shall not be complete, upon the filing with
the Borough Clerk of a performance bond or guaranty sufficient in
amount, in the opinion of the Joint Land Use Board, to cover the cost
of all incomplete improvements required by this chapter, and, as a
prerequisite to the discharge thereof, the filing of the maintenance
bond hereinbefore set forth. Such performance bond or guaranty shall
be approved by the Borough Attorney as to form, sufficiency and execution.
If the required improvements have not been installed in accordance
with the performance bond or guaranty, the obligor and surety shall
be liable thereon to the Borough for the reasonable cost of the improvements
not installed, and, upon receipt of the proceeds thereof, the Borough
shall install such improvements to the extent of the proceeds received.
[1]
Editor's Note: For provisions of the Municipal Land Use Law
with regard to maintenance and performance bonds, see N.J.S.A. 40:55D-53.
The owner or agent of the building or premises where a violation
of any provision of the regulations shall have been committed or shall
exist, or the lessee or tenant of any part of the building or premises
in which such violation shall have been committed or shall exist,
or the agent, architect, builder, contractor, or any person who shall
commit, take part or assist in any such violation or who shall maintain
any building or premises in which any violation of this chapter shall
exist, shall, for each and every violation, be punishable by a fine
of not more than $2,000; imprisonment for not more than 90 days; or
a period of community service for not more than 90 days. Each day
that a violation is permitted to exist shall constitute a separate
offense.
