[Amended 11-2-1994 by Ord. No. 94-048; 5-18-2011 by Ord. No.
11-019]
The Planning Board and Zoning Board of Adjustment have the powers specified in Article VI of this chapter. Certain of the respective powers of the Planning Board and Zoning Board of Adjustment overlap in order to expedite the review of development applications. The overlapping powers are as follows:
A.
Planning Board. The Planning Board shall have the power to act in
lieu of the Board of Adjustment and subject to the same extent and
restrictions as the Zoning Board of Adjustment on the following matters.
Whenever relief is requested pursuant to this section, the public
notice shall include reference to the request for a variance or direction
for issuance of a permit, as the case may be.
(1)
Grant variances pursuant to N.J.S.A. 40:55D-60a.
(2)
Direct, pursuant to N.J.S.A. 40:55D-34, issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
(3)
Direct, pursuant to N.J.S.A. 40:55D-35, issuance of a permit
for a building or structure not related to a street.
B.
Zoning Board of Adjustment. The Zoning Board of Adjustment shall
have the power to grant, to the same extent and subject to the same
restrictions as the Planning Board, site plan, subdivision or conditional
use approval when reviewing an application for approval of a use variance
pursuant to N.J.S.A. 40:55D-70d, only for those lots which were subject
to said variance.
C.
Administrative officer. The administrative officer may waive the
site plan review requirements of this chapter if the application for
site plan development:
(1)
Has secured previous approvals.
(2)
Involves normal maintenance or repair, such as a new roof, painting,
new siding or similar activity.
(3)
Does not affect existing circulation, drainage, building arrangements,
landscaping, buffering, lighting and/or similar conditions.
(4)
Involves minor changes, alterations or revisions to a final
site plan, if these changes do not involve the relocation or reorientation
of parking spaces and driveways, the location of new structures or
relocation of existing buildings, does not involve increased impervious
surface areas, floor areas or sign areas, or decrease the amount of
landscaping and does not involve the intensification of the utility
of the land or utilization of existing floor space.
D.
Complete application to be submitted.
(1)
An application for development shall be complete for purposes
of commencing the applicable time period for action by a municipal
agency when so certified by the municipal agency or the administrative
officer. In the event that the agency or the administrative officer
does not certify the application to be complete within 45 days of
the date of its submission, the application shall be deemed complete
upon the expiration of the forty-five-day period for purpose of commencing
the applicable time period, unless the application lacks information
indicated on the appropriate checklist adopted herein and provided
to the applicant and the municipal agency or the administrative officer
has notified the applicant, in writing, of the deficiencies in the
application within 45 days of submission of the application.
(2)
The applicant may request that one or more of the submission
requirements be waived, in which event the agency shall grant or deny
the request within 45 days. Nothing herein shall be construed as diminishing
the applicant's obligation to prove in the application process that
he is entitled to approval of the application. The municipal agency
may subsequently require correction of any information found to be
in error and submission of additional information not specified in
the ordinance or any revisions in the accompanying documents as are
reasonably necessary to make an informed decision as to whether the
requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the municipal agency.
(3)
An application shall not be deemed complete unless all of the information within the applicable checklist (per §§ 550-223 through 550-231) has been submitted or a waiver for submitting such information has been granted by the Board having jurisdiction.
(4)
Documents submitted in support of an application for development
shall not be considered to be "those required for approval" unless
such application has been deemed complete by the Board having jurisdiction
pursuant to this section.
[1]
Editor's Note: Former Sec. 160-222, previously codified herein,
pertaining to the Development Review Advisory Board, was repealed
11-2-1994 by Ord. No. 94-048.
[Amended 11-2-1994 by Ord. No. 94-048; 4-26-2004 by Ord. No.
04-012; 10-20-2004 by Ord. No. 04-041; 1-18-2006 by Ord. No.
06-002]
A.
Subdivision review. All subdivisions, as defined under § 550-7, are subject to the review procedures specified herein.
B.
Site plan review. Except as hereinafter provided, no building permit
shall be issued for any structure or additional parking spaces to
residential, business and industrial properties and the addition of
parking and driveways and/or paving of same on commercial, business
and industrial properties or an intensification of the utilization
of a commercial, business and industrial property until a site plan
has been reviewed and approved by the Township of Hamilton. The approval
of a site plan for a detached dwelling unit used solely for residential
purposes and its accessory buildings on a lot, including customary
accessory buildings incidental to farms, shall not be necessary unless
made as a part of an application for a planned community, planned
neighborhood or a conditional use permit. Additionally, any use of
land in the Township for commercial, business or industrial purposes
which alters the natural or existing condition of the land, exclusive
of farming, shall require site plan review.
C.
Development application checklist.
(1)
All applications to the Planning Board or Board of Adjustment
shall be submitted to the administrative officer in accordance with
the development process calendar adopted annually by the administrative
officer.
(2)
Each application shall be accompanied by the required items
and information indicated on the following checklist:
(a)
Seven individual completed copies of the development application
master form in an approved digital format and one paper copy
[Amended 2-1-2022 by Ord. No. 22-005]
(b)
Seven individual completed copies of the applicable supplementary
development application forms: specifically, Form No. 1 for subdivisions;
Form No. 2 for site plans, conditional uses and addition of parking
spaces; Form No. 3 for variance requests; Form No. 4 for proposals
located in a floodplain in an approved digital format and one paper
copy.
[Amended 2-1-2022 by Ord. No. 22-005]
(c)
Seven individual completed copies of the required development
application checklist in an approved digital format and one paper
copy..
[Amended 2-1-2022 by Ord. No. 22-005]
(d)
The application fee in accordance with § 550-254 of this chapter and one paper copy of the W-9 form and escrow agreement form.
[Amended 2-1-2022 by Ord. No. 22-005]
(e)
Certification from the Tax Collector that all taxes and local
assessments are paid to date.
(f)
Photographs of the site indicating areas that are the subject
of the application.
(g)
(h)
Proof that an application has been submitted to the Mercer County
Planning Board and any other governmental agency as required by law
for appropriate review and action.
(i)
If a corporation or partnership is applying for permission to
subdivide a parcel of land into six or more lots or applying for a
variance to construct a multiple dwelling of 25 or more family units
or for approval of a site to be used for commercial purposes, a list
of names of its stock of any class of at least 10% and addresses of
all stockholders or individual partners owning at least 10% of the
interest in the partnership, as the case may be. If a corporation
or partnership owns 10% or more of the stock of a corporation or 10%
or greater interest in a partnership above, that corporation or partnership
shall list the names and addresses of its stockholders holding 10%
or more of its stock or of 10% or greater interest in the partnership,
as the case may be, and this requirement shall be followed in every
corporate stockholder or partner in a partnership, until the names
and addresses of the noncorporate stockholders and individual partners
exceeding the ten-percent ownership criterion established have been
listed. No Planning Board or Zoning Board of Adjustment shall approve
the application of any corporation or partnership which does not comply
with this requirement. Any corporation or partnership which conceals
the names of the stockholders owning 10% or more of its stock or of
the individual partners owning a 10% or greater interest in the partnership,
as the case may be, shall be subject to a fine of $1,000 to $10,000,
which shall be recovered in the name of the municipality in any court
of record in the state in a summary manner pursuant to the Penalty
Enforcement Law (N.J.S.A. 2A:58-1 et seq.).
(j)
Certification that the applicant is the owner of the land or
the properly authorized agent of the owner or that the owner has given
consent under an option agreement.[1]
[1]
Editor's Note: Former Sec. 160-223(c)(2)(k), regarding the
completion of notice/sign requirements, which immediately followed
this subsection, was repealed 9-17-2013 by Ord. No. 13-031.
(k)
Applicant will submit a compact disk containing CAD-generated
data and information with regard to preliminary and final major and
minor subdivisions, site plans and as-built plans. The information
on the compact disk shall be compatible with the Township's GIS system,
as same may be modified.
(3)
If the application is for a final subdivision or site plan approval:
(a)
A statement from the applicant's professional engineer that the plans show all utilities in exact location and elevation, that he has examined the drainage plan and found that the interests of the Township and of neighboring properties are adequately protected and that he has identified those portions of any utilities already installed and those to be installed. The applicant shall certify in writing that he has installed all improvements in accordance with the requirements of this chapter and/or posted a performance guaranty in accordance with § 550-255 of this chapter.
(b)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 550-255 of this chapter and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty.
(c)
A certification that fully executed preliminary plans (Mylar)
and 10 sets of prints are on file with the division of engineering.
(4)
The Planning Board or Zoning Board of Adjustment may waive submission
requirements upon written request of an applicant stated in the application
with reference to the specific section(s) requested to be waived with
reasons for the request. The above Boards may waive the requirement
only where not reasonably necessary to make an informed decision on
the application.
[Amended 11-2-1994 by Ord. No. 94-048; 3-16-2005 by Ord. No.
05-007; 4-6-2005 by Ord. No. 05-011; 11-4-2005 by Ord. No.
05-033; 4-7-2020 by Ord. No. 20-015]
A conceptual sketch of the proposed subdivision or site plan
is not required but is strongly recommended. The submission of a conceptual
sketch affords the applicant opportunity to discuss the proposal in
its formative stages and receive the advice of either the Planning
Board or the Zoning Board of Adjustment. It is urged that an applicant
have a pre-review session with the Division of Planning and Zoning
and the Division of Engineering prior to forwarding a sketch plat,
sketch plan, conceptual site plan or conceptual subdivision to either
the Planning Board or Zoning Board of Adjustment.
A.
Procedure for submitting sketch plats, sketch plans, concept site
plans and concept subdivisions.
(1)
The application must be filed with the administrative officer
at least 10 days prior to the Planning Board or Zoning Board of Adjustment
meeting at which it will be presented. This ten-day period will give
the staff ample time to review the plan for presentation to the appropriate
board.
(2)
The administrative officer shall, upon a determination that
the requirements of the development application checklist(s) have
been fulfilled, process the application and shall issue an application
number which thereafter shall appear on all papers, maps, plats and
other documents submitted for processing in conjunction with the application.
The administrative officer shall schedule the application for the
next applicable Planning Board or Zoning Board of Adjustment meeting.
(3)
The administrative officer shall retain one copy each of the
sketch and the application form and shall distribute the remaining
copies in the following manner:
(a)
Township Planning and Zoning Division: one copy each of the
sketch and application.
(b)
Township Engineering Division: one copy each of the sketch and
application.
(c)
Township Construction Inspections Division: one copy each of
the sketch and application.
(d)
Environmental Commission: one copy of the sketch and application.
(4)
At the direction of the administrative officer, additional copies
of the sketch may be forwarded to other individuals, offices and agencies
for review and comment. In those instances where an application for
site plan, subdivision or conditional use approval is being reviewed
by the Zoning Board of Adjustment, the administrative officer shall
forward a copy of same to the Planning Board for its information.
B.
Details required for sketch site plans, concept site plans and concept
subdivision. The submitted sketch shall be based on Tax Map information
or some other similarly accurate base and shall be neatly and accurately
drawn. The following information shall be included:
(1)
A key map, at a scale of not less than one inch equals 800 feet,
showing the location of the subject property in relation to significant
facilities such as schools, parks, major streets, zoning boundaries,
major shopping or employment centers within 2,000 feet of any part
of the property.
(2)
Title block.
(a)
Name of the subdivision or development, municipality and county.
(b)
Date of original preparation of the plan and of each subsequent
revision thereof.
(c)
Name, address, signature and title and license number (if any)
of the person who prepared the plan.
(d)
If the plans are prepared by a licensed professional (engineer,
land surveyor, architect, planner, etc.), title blocks shall also
be in conformance with the rules and regulations of their respective
state boards.
(3)
Names and addresses and signatures of applicant(s) and owner(s)
of record.
(4)
The zone district, Tax Map sheet, section and lot number of
the site to be developed, as well as that for all contiguous land
and of the property directly across the street.
(5)
A graphic and numerical scale.
(6)
North arrow.
(7)
The subdivision or development boundary line (heavy solid line)
and the location of that portion which is to be subdivided or developed
in relation to the entire tract.
(8)
The location of all existing and proposed property lines, streets,
buildings and structures (with an indication as to whether they will
be removed or retained), bridges, culverts, drainpipes, driveways,
parking or loading areas, rights-of-way and all easements on the property.
(9)
The location of all existing significant natural features on
the property, including streams, watercourses, ponds, drainage ditches,
rock outcrops, wooded areas, wetlands, etc.
(10)
Approximate dimensions and area of the entire tract and each
lot proposed, including lands remaining.
(11)
Proposed buffer and landscaped areas.
(12)
Delineation of the five-hundred-year floodplain and the National
Flood Insurance Program floodway and flood hazard areas.
(13)
The sketch shall be drawn at a scale of not more than 100 feet
to the inch on one of three standard size sheets as follows: 8 1/2
by 13 inches, 15 by 21 inches or 24 by 36 inches. If one sheet is
not sufficient to contain the entire tract, it may be shown on separate
sheets of equal sizes, with reference on each sheet to the adjoining
sheets.
C.
Details required for sketches prior to minor subdivision classification.
(1)
A key map, at a scale of not less than one inch equals 800 feet,
showing the location of the subject property in relation to significant
facilities such as schools, parks, major streets, zoning boundaries,
major shopping or employment centers within 2,000 feet of any part
of the property.
(2)
Title block.
(a)
Name of the subdivision or development, municipality and county.
(b)
Date of original preparation of the plan and of each subsequent
revision thereof.
(c)
Name, address, signature, title and license number and embossed
seal of the person who prepared the plan.
(d)
If the plans are prepared by a licensed professional (engineer,
land surveyor, architect, planner, etc.), title blocks shall also
be in conformance with the rules and regulations of their respective
state boards.
(3)
Names, addresses and signatures of the applicant(s) and owner(s)
of record.
(4)
The zone district, Tax Map sheet, section and lot number of
the site to be developed as well as that for all contiguous land and
of the property directly across the street.
(5)
The name(s) and address(es) of all property owners within 200
feet of the site.
(6)
A graphic and numerical scale.
(7)
North arrow.
(8)
The subdivision or development boundary lines (heavy solid line)
and the location of that portion which is to be subdivided or developed
in relation to the entire sheet.
(9)
The location of all existing and proposed property lines, streets,
buildings and structures (with an indication as to whether they will
be removed or retained), bridges, culverts, drainpipes, driveways,
parking or loading areas, rights-of-way and all easements on and within
150 feet of the property.
(10)
The location of all existing significant natural features on
and within 150 feet of the property, including streams, watercourses,
ponds, drainage ditches, rock outcrops, wooded areas, wetlands, etc.
(11)
The full plan of development, including street and alley lines
and widths, and areas to be dedicated to or reserved for public purposes.
(12)
Widths of easements or rights-of-way, if any, for public services
and utilities with notations of any limitation on such easements or
rights-of-way.
(13)
Dimensions of sight triangles, tangents, radii, arcs and chords
and central angles for all center-line curves on streets and at all
street corners.
(14)
All bearings and boundary line dimensions and areas for the
entire tract and each lot proposed, including lands remaining, and
for any area proposed to be dedicated to or reserved for a public
purpose.
(15)
Proposed buffer and landscaped areas, if any.
(16)
Location of all monuments, designating the monuments referenced
and showing at least two permanent coordinated monuments within a
reasonable distance of the site, as approved by the Township Engineer.
(17)
Delineation of the five-hundred-year floodplain and the National
Flood Insurance Program floodway and flood hazard areas.
(18)
The names of adjoining subdivisions, if any, and the book and
page where recorded.
(19)
All setbacks (front yard, side yard, rear yard) of existing
and/or proposed principal buildings and all necessary structures.
(20)
A certification by the licensed engineer and surveyor stating
the plat is correct and a statement duly acknowledged before some
officer authorized to take acknowledgement of deeds, signed by the
owner or owners of the property, stating the subdivision is made with
his (their) free consent and is in accordance with his (their) desires.
(21)
If the proposed lot(s) is (are) not serviced by a sanitary sewer,
certification by a licensed professional engineer that the proposed
lot(s) can adequately accommodate a septic system. The location(s)
of the soil log(s) and percolation test hole(s), test results and
compliance with the Individual Sewage Disposal Code of New Jersey
shall be shown on the plat and certified by a licensed professional
engineer. This shall be shown for each lot proposed, including lands
remaining.
(22)
The minor subdivision plan shall be drawn at a scale of not
more than 100 feet to the inch on one of three standard size sheets
as follows: 8 1/2 by 13 inches, 15 by 21 inches or 24 by 36 inches.
If one sheet is not sufficient to contain the entire tract, it may
be shown on separate sheets of equal sizes, with reference on each
sheet to the adjoining sheets.
D.
Action by the Township.
(1)
Any proposed subdivision or development determined by the administrative
officer to be creating, imposing, aggravating or leading to the possibility
of an adverse effect upon either the property in question or upon
any adjacent properties may be required to be revised to remove such
adverse effect(s) prior to further review, classification or approval
or, where the remaining portion of the original tract is of sufficient
size to be subdivided or developed further, the applicant may be required
to submit a sketch of the entire remaining portion of the tract to
indicate a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted so as not to create, impose or aggravate or lead to any
such adverse effect.
(2)
If the sketch plat is considered for classification as a minor
subdivision, the Planning Board shall act on the proposed plat within
45 days of its complete and proper submission to the administrative
officer or within such further time as may be consented to by the
applicant. Failure to act within the prescribed time period shall
constitute minor subdivision approval. If classified as a minor subdivision
by the Planning Board, a notation to that effect, including the date
of classification, shall be made on the master copy. All prints of
the plat shall be signed by the Chairman or Secretary of the Planning
Board, or the acting Chairman or Secretary, where either or both may
be absent, and returned to the subdivider within one week thereof.
No further approval of the subdivision shall be required. In the event
that the same is disapproved by the Planning Board, the Secretary
of the Planning Board shall, within 10 days of such action, notify
the subdivider of such disapproval and the reason therefor. In acting
on the application, the Township shall consider a report received,
in writing, from the County Planning Board within 30 days after its
receipt of the plat. If a reply is not received from the County Planning
Board within 30 days, the sketch plat shall be deemed to have been
approved by it.
(3)
Within 190 days from the date of approval of a minor subdivision
sketch plat, a plat map drawn in compliance with the Map Filing Act,
N.J.S.A. 46:23-9.9 et seq., or a deed description shall be filed by
the subdivider with the County Recording Officer. Unless filed within
the 190 days, the approval shall expire and require municipal approval
as in the first instance. The zoning requirements and general terms
and conditions, whether conditional or otherwise, upon which minor
subdivision approval was granted shall not be changed for a period
of two years after the date of minor subdivision approval by the municipality,
provided that the approved minor subdivision shall have been duly
recorded as provided in this section.
(4)
In the case of a minor subdivision, and based upon an approval
by the Planning Board or the Minor Subdivision Committee, the Township
Engineer shall designate on the Tax Maps and other records that no
further subdivisions of these properties shall be done unless application
is made for a major subdivision.
[Amended 1-20-1993 by Ord. No. 93-008; 11-2-1994 by Ord. No.
94-048; 3-16-2005 by Ord. No. 05-007; 4-6-2005 by Ord. No.
05-011; 11-4-2005 by Ord. No. 05-033; 1-5-2006 by Ord. No.
05-038; 4-7-2020 by Ord. No. 20-015]
A preliminary submission is required of all subdivisions classified
as major subdivisions and of all development proposals requiring site
plan review.
A.
Procedure for submitting preliminary plats and preliminary plans.
(1)
The application must be filed with the administrative officer
in accordance with the development process calendar.
(2)
The administrative officer shall, upon a determination that
the requirements of the development application checklist have been
fulfilled, process the application and shall issue an application
number. Once an application has been assigned a number, such number
shall appear on all papers, maps, plats and other documents submitted
for processing in conjunction with the application. The administrative
officer shall schedule the application for the next Planning Board
or Zoning Board of Adjustment meeting.
(3)
The administrative officer shall retain one copy each of the
preliminary plat or plan, any protective covenants or deed restrictions
and the application form and shall distribute the remaining copies
in the following manner:
(a)
Township Planning and Zoning Division: one copy each of the
preliminary plat or plan, any protective covenants or deed restrictions
and the application.
(b)
Township Engineering Division: one copy each of the preliminary
plat or plan, any protective covenants or deed restrictions and the
application.
(c)
Township Construction Inspections Division: one copy each of
the preliminary plat or plan, any protective covenants or deed restrictions
and the application.
(d)
Environmental Commission: one copy each of the preliminary plat
or plan, any protective covenants or deed restrictions and the application.
(4)
At the direction of the administrative officer, additional copies
of the preliminary plat or plan may be forwarded to other individuals,
offices and agencies for review and comment. In those instances where
an application for site plan, subdivision or conditional use approval
is being reviewed by the Board of Adjustment, the administrative officer
shall forward a copy of same to the Planning Board for its information.
B.
Details required for preliminary subdivision plats.
(1)
A key map, at a scale of not less than one inch equals 800 feet,
showing the location of the subject property in relation to significant
facilities such as schools, parks, major streets, zoning boundaries,
major shopping or employment centers within 2,000 feet of any part
of the property.
(2)
Title block.
(a)
Name of the subdivision or development, municipality and county.
(b)
Date of original preparation of the plan and of each subsequent
revision thereof.
(c)
Name(s), address(es), signature(s) and title(s) and license
number(s) and embossed seal of person(s) who prepared the plan.
(d)
If the plans are prepared by a licensed professional (engineer,
land surveyor, architect, planner, etc.), title blocks shall also
be in conformance with the rules and regulations of their respective
state boards.
(3)
Names, addresses and signatures of applicant(s) and owner(s)
of record.
(4)
The zone district, Tax Map sheet, section and lot number of
the site to be developed as well as that for all contiguous land and
of the property directly across the street.
(5)
The name(s) and address(es) of all property owners within 200
feet of the site.
(6)
A graphic and numerical scale.
(7)
North arrow.
(8)
The subdivision or development boundary line (heavy solid line)
and the location of that portion which is to be subdivided or developed
in relation to the entire tract.
(9)
The property lines of the land to be subdivided or developed,
the location and rights-of-way widths of all streets and roads within
400 feet of the property and the distance to the nearest intersection.
(10)
The location of all existing and proposed property lines, location
and outside dimensions of buildings and structures (with an indication
as to whether they will be removed or retained), bridges, culverts,
drainpipes, driveways, parking or loading areas and all easements
on and within 150 feet of the property.
(11)
The location of all existing and significant natural features
on and within 150 feet of the property, including streams, watercourses,
ponds, drainage ditches, rock outcrops, wooded areas, wetlands, etc.
(12)
The location of existing on-site tree masses and species identification
of all existing trees greater than 10 inches in caliper measured from
four feet above ground level.
(13)
The full plan of development, including street and alley lines
and widths and areas to be dedicated to or reserved for public purposes.
(14)
Widths of easements or rights-of-way, if any, for public services
and utilities, with notations of any limitation on such easements
or rights-of-way.
(15)
Dimensions of sight triangles, tangents, radii, arcs and chords
and central angles for all center-line curves on streets and at all
street corners.
(16)
All bearings and boundary line dimensions and areas to the nearest
10th of an acre for the entire tract and for each lot proposed, including
lands remaining, and for any area proposed to be dedicated to or reserved
for a public purpose.
(17)
Proposed buffers and landscape areas, if any.
(18)
Location of all monuments, designating the monuments referenced
and showing at least two permanent coordinated monuments within a
reasonable distance of the site, as approved by the Township Engineer.
(19)
Delineation of the five-hundred-year floodplain and the National
Flood Insurance Program floodway and flood hazard areas.
(20)
The names of adjoining subdivisions, if any, and the book and
page where recorded.
(21)
All setbacks (front yard, side yard, rear yard) of existing
and/or proposed principal buildings and all necessary structures.
(22)
If the proposed lot(s) is (are) not served by a sanitary sewer,
certification by a licensed professional engineer that the proposed
lot(s) can adequately accommodate a septic system. The location(s)
of the soil log(s) and percolation test hole(s), test results and
compliance with the Individual Sewage Disposal Code of New Jersey
shall be shown on the plat and certified by a licensed professional
engineer. This shall be shown for each lot proposed, including lands
remaining.
(23)
Contours at contour intervals of five feet or less for a site
with an average slope of 10% or greater, or at contour intervals of
two feet or less for land at a lesser average slope. However, contours
need not be shown for subdivisions with gross area of less than three
areas and involving no new streets or roads, unless specifically requested
by Hamilton Township.
(24)
Proposed center-line profiles for all new streets or roads shown
on the plat.
(25)
A copy of any protective covenants or deed restrictions applying
to the land being subdivided.
(26)
Plans and profiles of all proposed gradings, paving, roads,
sidewalks, curbs, storm and sanitary sewers and appurtenances, water
mains, gas mains, bridges and connections to existing or proposed
utilities, all of which shall meet the requirements of the Department
of Community and Economic Development. The plans shall be drawn at
a scale of not more than 50 feet to the inch.
(27)
A plan and calculations for surface drainage of the land proposed to be subdivided. A stormwater management plan shall be prepared and submitted per § 550-113 of this chapter.
(28)
Location of all existing and proposed utility lines, above and
below ground, within and immediately adjacent to the subject site.
(29)
Each submission shall be at a scale of one inch equals 100 feet
for a tract of up to 150 acres and one inch equals 200 feet for a
tract of 150 acres or more. All plans submitted shall be on one of
three of the following standard sheet sizes: 8 1/2 by 13 inches,
15 by 21 inches or 24 by 36 inches. If one sheet is not sufficient
to contain the entire tract, it may be shown on separate sheets of
equal sizes, with reference on each sheet to the adjoining sheets.
(30)
Signature block as follows:
|
1.
|
Application _____ Number _____ Map _____ Section _____ Lot _____
Zone _____
| |
|
2.
|
I consent to the filing of this plan (or plat) with the Planning
Board/Zoning Board of Adjustment (only include appropriate board)
of the Township of Hamilton.
| |
|
(Applicant)
|
| |
|
(Owner)
|
(Date)
| |
|
3.
|
I hereby certify that I have prepared this plan (or plat) and
that all dimensions and information are correct.
| |
|
(Name)
|
(Title and License No.)
| |
|
4.
|
I have reviewed this plan (or plat) and certify that it meets
all codes and ordinances under my jurisdiction.
| |
|
(Township Engineer)
|
(Date)
| |
|
5.
|
I have reviewed this plan (or plat) and certify that it meets
all codes and ordinances under my jurisdiction.
| |
|
(Township Planner)
|
(Date)
| |
|
6.
|
Approved by the Planning Board/Zoning Board of Adjustment (only
include appropriate board) Preliminary
| |
|
(Chairman)
|
(Date)
| |
|
(Secretary)
|
(Date)
| |
(31)
Certification from the Tax Collector that all taxes are paid
to date.
(32)
Proof that a source-separation plan (recycling plan) has been
submitted to the Mercer County Improvement Authority or related county
agency for approval.
(33)
Applicant must demonstrate in its plans compliance with the
Barrier Free Subcode of the Uniform Construction Code and/or the American
Disabilities Act, whichever is applicable.
(36)
Compliance with N.J.S.A. 40:55D-48.1 and 40:55D-48.2, disclosure
of ownership by corporation or partnership.
C.
Details required for preliminary site plans.
(1)
A key map, at a scale of not less than one inch equals 800 feet,
showing the location of the subject property in relation to significant
facilities such as schools, parks, major streets, zoning boundaries,
major shopping or employment centers within 2,000 feet of any part
of the property.
(2)
Title block.
(a)
Name of the development, municipality and county.
(b)
Date of original preparation of the plan and of each subsequent
revision thereof.
(c)
Name(s), address(es), signature(s) and title(s) and license
number(s) and embossed seal(s) of the person(s) who prepared the plan.
(d)
If the plans are prepared by a licensed professional (engineer,
land surveyor, architect, planner, etc.), title blocks shall also
be in conformance with the rules and regulations of their respective
state boards.
(3)
Names, addresses and signatures of applicant(s) and owner(s)
of record.
(4)
The zone district, Tax Map sheet, section and lot number of
the site to be developed as well as that for all contiguous land and
of the property directly across the street.
(5)
The name(s) and address(es) of all property owners within 200
feet of the site.
(6)
A graphic and numerical scale.
(7)
North arrow.
(8)
The development boundary line (heavy solid line) and the location
of that portion which is to be developed in relation to the entire
tract.
(9)
The property zones of the land to be developed, the location
and right-of-way widths of all streets and roads within 400 feet of
the property and the distance to the nearest intersection.
(10)
The location of all existing and proposed property lines, location
and outside dimensions of buildings and structures (with an indication
as to whether they will be removed or retained), bridges, culverts,
drainpipe, driveways, parking or loading areas and all easements on
and within 150 feet of the property.
(11)
The location of all existing significant natural features on
and within 150 feet of the property, including streams, watercourses,
ponds, drainage ditches, rock outcrops, wooded areas, wetlands, etc.
(12)
The location of existing on-site tree masses and species identification
of all existing trees greater than 10 inches in caliper measured from
four feet above ground level.
(13)
The full plan of development, including street and alley lines
and widths and areas to be dedicated to or reserved for public purposes.
(14)
Widths of easements or rights-of-way, if any, for public services
and utilities, with notations of any limitation on such easements
or rights-of-way.
(15)
Dimensions of sight triangles, tangents, radii, arcs and chords
and central angles for all center-line curves on streets and at all
street corners.
(16)
All bearings and boundary line dimensions and areas to the nearest
1/10 of an acre for the entire tract and for each lot proposed, including
lands remaining, and for any area proposed to be dedicated to or reserved
for a public purpose.
(17)
Delineation of the five-hundred-year floodplain and the National
Flood Insurance Program floodway and flood hazard areas.
(18)
All setbacks (front yard, side yard, rear yard) of existing
and/or proposed principal buildings and all necessary structures.
(19)
If the proposed lot(s) is (are) not served by a sanitary sewer,
certification by a licensed professional engineer that the proposed
lot(s) can adequately accommodate a septic system. The location(s)
of the soil log(s) and percolation test hole(s), test results and
compliance with the Individual Sewage Disposal Code of New Jersey
shall be shown on the plat and certified by a licensed professional
engineer. This shall be shown for each lot proposed, including lands
remaining.
(20)
Contours at contour intervals of five feet or less for a site
with an average slope of 10% or greater or at contour intervals of
two feet or less for land at lesser average slope. However, contours
need not be shown for subdivisions with gross area of less than three
acres and involving no new streets or roads, unless specifically requested
by Hamilton Township.
(21)
Proposed center-line profiles for all new streets or roads shown
on the plat.
(22)
A copy of any protective covenants or deed restrictions applying
to the land being subdivided.
(23)
Plans and profiles of all proposed gradings, paving, roads,
sidewalks, curbs, storm and sanitary sewers and appurtenances, water
mains, gas mains, bridges and connections to existing or proposed
utilities, all of which shall meet the requirements of the Department
of Community and Economic Development. The plans shall be drawn at
a scale of not more than 50 feet to the inch.
(24)
A plan and calculations for surface drainage of the land proposed to be developed, including design and details of the existing and proposed stormwater management system, showing the location and elevation of inlets, pipes, swales, berms, low-flow channels, outlets and all other storm drainage facilities. The stormwater management plan shall be prepared and submitted per § 550-113 of this chapter.
(25)
Invert and rim elevations, showing the location, size and grade
of all pipes for the transportation and/or treatment of on-site and
off-site disposal of wastewater with location and details concerning
the existing and proposed sanitary sewage disposal system.
(26)
The design and details of any retaining walls, manholes and
headwalls.
(27)
All details of the on-site and supplying water supply system.
(28)
Location of all existing and proposed utility lines, above and
below ground, within and immediately adjacent to the subject site.
(29)
The location and width of existing and proposed traffic circulation
elements on and adjoining the site, such as streets, entrances and
exits, acceleration or deceleration lanes, channelization, etc., with
type of pavement and specifications noted.
(30)
The location of all off-street parking and loading areas showing
the number and dimensions of the parking spaces and loading areas
and showing traffic aisles and patterns and curbing, with radii and
specifications noted for curbs and pavement.
(31)
The existing and proposed spot elevations based on the United
States Coastal Geodetic datum at all building corners, all flood levels,
center lines of abutting roads, top and bottom curbs, property corners
and other locations as designated during review.
(32)
Provision for solid waste storage and disposal.
(33)
A landscaping and buffering plan, showing what will be removed
and be planted, including an itemized list of all species of plants
and trees to be installed, noting size, approximate time of planting,
method of planting (bare-rooted, ball and burlap, etc.) and maintenance
plans, seeding schedule, slope stabilization, and proposed soil erosion
and sedimentation controls.
(34)
Lighting details indicating location, type and height of light
standards, radius of light, type of light and intensity in footcandles.
(35)
Location, size and material of existing and proposed signs.
(36)
An elevation drawing or rendering, sealed by a licensed architect
or engineer, showing for each building or typical building the front,
sides and rear facade, with dimensions and type and color of material
to be used. The drawing shall also contain a signature block:
|
1.
|
I consent to the filing of this plan (or plat) with the Planning
Board/Zoning Board of Adjustment (only include appropriate board)
of the Township of Hamilton.
| |
|
(Applicant)
|
(Date)
| |
|
(Owner)
|
(Date)
| |
|
2.
|
I hereby certify that I have prepared this plan (or plat) and
that all dimensions and information are correct.
| |
|
(Name)
|
(Title and License No.)
| |
|
3.
|
I have reviewed this plan (or plat) and certify that it meets
all codes and ordinances under my jurisdiction.
| |
|
(Township Engineer)
|
(Date)
| |
|
(Township Planner)
|
(Date)
| |
(37)
Preliminary floor plans sealed by a licensed architect or engineer.
(38)
Cross sections of streets, aisles, lanes and driveways which
shall adhere to applicable requirements of this chapter and applicable
design standards in the subdivision provisions of this chapter and
those on file in the office of the Township Engineer.
(39)
Each submission shall be at a scale of one inch equals 100 feet
for a tract of up to 150 acres and one inch equals 200 feet for a
tract of 150 acres or more. All plans submitted shall be on one of
three of the following standard sheet sizes: 8 1/2 by 13 inches,
15 by 21 inches or 24 by 36 inches. If one sheet is not sufficient
to contain the entire tract, it may be shown on separate sheets of
equal sizes with references on each sheet to the adjoining sheets.
(40)
Signature block as follows:
|
1.
|
Application _____ Number _____ Map _____ Section _____ Lot _____
Zone _____
| |
|
2.
|
I consent to the filing of this plan (or plat) with the Planning
Board/Zoning Board of Adjustment (only include appropriate board)
of the Township of Hamilton.
| |
|
(Applicant)
|
(Date)
| |
|
(Owner)
|
(Date)
| |
|
3.
|
I hereby certify that I have prepared this plan (or plat) and
that all dimensions and information are correct.
| |
|
(Name)
|
(Title and License No.)
| |
|
4.
|
I have reviewed this plan (or plat) and certify that it meets
all codes and ordinances under my jurisdiction.
| |
|
(Township Engineer)
|
(Date)
| |
|
5.
|
I have reviewed this plan and certify that it meets all codes
and ordinances under my jurisdiction.
| |
|
(Township Planner)
|
(Date)
| |
|
6.
|
Approved by the Planning Board/Zoning Board of Adjustment (only
include appropriate board) Preliminary
| |
|
(Chairman)
|
(Date)
| |
|
(Secretary)
|
(Date)
| |
(41)
Certification from the Tax Collector that all taxes are paid
to date.
(42)
Proof that a source-separation plan (recycling plan) has been
submitted to the Mercer County Improvement Authority or related county
agency for approval.
(43)
Applicant must demonstrate in its plans compliance with the
Barrier Free Subcode of the Uniform Construction Code and/or the American
Disabilities Act, whichever is applicable.
(46)
Compliance with N.J.S.A. 40:55D-48.1 and 40:55D-48.2, disclosure
of ownership by corporation or partnership.
D.
Environmental impact statement.
(1)
General provisions. The impact on the environment generated
by land development projects necessitates a comprehensive analysis
of the variety of problems that may result and the actions that can
be taken to minimize those problems. It is further recognized that
the level of detail required for various types of applications will
vary depending on the size of the proposal, the nature of the site
and the location of the project. Therefore, having determined that
some flexibility is needed in preparing the environmental impact statement,
the requirements for such a document are listed as follows:
(a)
All agricultural operations conducted in accordance with a plan
approved by the Soil Conservation District and all silviculture operations
conducted in accordance with a plan prepared by a professional forester
are specifically exempt from the environmental impact statement requirements.
(b)
It is strongly advised that a preapplication conference be held
with the Planning Board or Zoning Board of Adjustment to determine
the level of detail required in the environmental impact statement.
(c)
In preparing an environmental impact statement, the applicant
shall retain one or more competent professionals to perform the necessary
work. All applicable material on file in the Hamilton Township Department
of Community and Economic Development pertinent to local conditions
shall be consulted. Any additional material pertinent to evaluation
of potential regional impacts shall also be considered. Furthermore,
as much original research as is necessary shall be conducted to develop
a comprehensive environmental impact statement.
(d)
The environmental impact statement shall consist of written
and graphic materials which will clearly present the information that
is required.
(2)
General application requirements.
(a)
All minor subdivision applications, preliminary and final site
plan applications consisting of less than 10 acres, and conditional
use applications consisting of less than 10 acres may be required
to be accompanied by an environmental impact statement. The information
required shall be presented in a concise descriptive report. The descriptive
report shall be supplemented with additional graphic and explanatory
material when environmentally sensitive areas are involved. Environmentally
sensitive areas include but are not limited to stream corridors and
floodplains, streams and water bodies, wetlands, slopes greater than
20%, highly acid or erodible soils, mature stands of native vegetation,
aquifer recharge areas, aquifer discharge areas and unique natural
features and habitats.
(b)
All preliminary and final major subdivision applications, preliminary
and final site plan applications consisting of 10 acres or more, and
conditional use applications consisting of 10 acres or more, may be
required to be accompanied by an environmental impact statement. The
information required shall be presented in a detailed descriptive
report, which shall include written, graphic or other explanatory
material. Certain requirements may be waived by the Board if the applicant
can prove, conclusively, that specific requirements are unwarranted.
(c)
Any variance application not involving a site plan, subdivision
or conditional use application may be required, at the discretion
of the Board of Adjustment, to be accompanied by an environmental
impact statement. The information required shall be determined by
the Zoning Board of Adjustment.
(3)
Format and contents. When an environmental impact statement
is required, the following format shall be utilized and the information
requested shall be provided:
(a)
Project description. Indicate the purpose and scope of the proposed
project. Enumerate the benefits to the public which will result from
the proposed project and describe the suitability of the site for
the intended use. A description of the proposed project shall be presented
to indicate the extent to which the site must be altered, the kinds
of facilities to be constructed, how they are to be constructed and
the uses intended. The resident population, working population and
visitor population shall be estimated. The compatibility or incompatibility
of the proposed project shall be described in relation to the following:[1]
(b)
Site description and inventory. Provide a description of environmental
conditions on the site, which shall include but not be limited to
the following items:
1.
Types of soil. List and describe each soil type located on the
site. If applicable, provide percolation data. Where the proposed
area of land disturbance will involve soils with moderate or severe
limitations, as per the Soil Survey of Mercer County – Natural
Resources Conservation Service, relative to the type of project proposed,
a complete mapping of all soil types on the site shall be required
indicating where those moderate and severe limitations exist.
2.
Topography. Describe the topographic conditions of the site.
3.
Geology. Describe the geologic formations and features associated
with the site as well as depth-to-bedrock conditions. Delineate those
areas where bedrock is in close proximity to the surface (within two
feet of the surface) as well as major rock outcroppings.
4.
Vegetation. Describe the existing vegetation on the site. When
required, prepare a map showing the location of major vegetation groupings,
such as woodland, open field and wetland. Where woodlands are delineated,
indicate the forest type.
5.
Wildlife. Identify unique habitats. Where applicable, other
data assembled regarding wildlife activity on the site shall also
be mapped and/or described.
6.
Surface water. Describe existing watercourses and water bodies
that are partially or totally on the site and their relationship to
the area of land disturbance. Calculate existing surface runoff from
the site. When the natural drainage pattern will be significantly
altered or sewage effluent is to be added to a watercourse or water
body, an analysis shall be conducted which will investigate flow,
depth, capacity and water quality of the receiving waters. When required,
floodplain areas will be mapped in consultation with the Department
of Environmental Protection. Existing drainage structures shall be
mapped and the capacity of drainage network shall be determined.
7.
Subsurface water. Describe the subsurface water conditions on
the site, in terms both of depth to groundwater and of water supply
capabilities of the site. Where existing conditions warrant, provide
detailed information regarding existing wells within 500 feet of the
site relative to depth, capacity and water quality. Discuss the water
supply capabilities of the adjacent areas and the recharge capabilities
of the site.
8.
Unique, scenic and/or historic features. Describe and map those
portions of the site that can be considered to have unique, scenic
and/or historic qualities.
9.
Existing development features. Describe any existing features
on the site that are not considered to be part of the natural environment.
This may include, but not necessarily be limited to roads, housing
units, accessory structures, utility lines, etc.
10.
Miscellaneous. When warranted, an analysis shall be conducted
of existing air quality and noise levels as prescribed by the Department
of Environmental Protection.
(c)
Area and regional description. Provide a description of the
surrounding environs. Describe the existing land use pattern. When
required, describe in detail the existing infrastructure with respect
to the drainage and transportation network as well as any central
sewerage and water supply facilities. Include an appropriate regional
analysis relative to the proposed project.
(d)
Environmental performance controls. Describe in detail what
measures will be employed during the planning, construction and operation
phases which will minimize or eliminate negative impacts on- and off-site
that could result from the proposed project. Of specific interest
are:
1.
Drainage plans, which shall include but not be limited to soil
erosion and sedimentation controls. Every effort should be made to
limit off-site surface runoff to predevelopment levels.
2.
Sewage disposal techniques.
3.
Water supply and water conservation proposals.
4.
Site design techniques sensitive to the natural environment,
which should include innovative landscape, building and circulation
design.
5.
Energy conservation measures.
6.
Noise reduction techniques.
7.
Miscellaneous on-site and off-site public improvements.
(e)
Impact. Discuss both the negative and positive on-tract and
off-tract impacts. Indicate those negative impacts that are unavoidable.
The specific concerns that shall be considered include, but are not
limited to, the following:
1.
Soil erosion and sedimentation resulting from surface runoff.
2.
Flooding and floodplain disruption.
3.
Degradation of surface water quality.
4.
Groundwater pollution.
5.
Reduction of groundwater capabilities.
6.
Sewage disposal.
7.
Solid waste disposal.
8.
Vegetation destruction.
9.
Disruption of wildlife habitats.
10.
Destruction of scenic and historic features.
11.
Air quality degradation.
12.
Noise levels.
13.
Energy utilization.
14.
Neighborhood deterioration.
15.
Effect on public services (i.e., schools, fire, police, etc.).
16.
Traffic congestion.
17.
Health, safety and welfare of existing residents.
18.
Regional development policies.
(f)
Alternatives. Discuss what alternatives were considered, both
in terms of site design and project location. Indicate why an alternative
was rejected if it would have resulted in less of a negative impact
than the subject proposal.
(g)
Licenses, permits and other approvals required by law. The applicant
shall list all known licenses, permits and other forms of approval
required by law for the construction and operation of the proposed
project. This list shall include, but will not be limited to, approvals
required by the Township, as well as agencies of the county, state
and federal governments. Where approvals have been granted, copies
of said approvals shall be attached. Where approvals are pending,
a note shall be made to that effect.
(h)
Documentation. All publications, file reports, manuscripts or
other written sources of information related to the project, the project
site and the Township, which were consulted and employed in compilation
of the environmental impact statement, shall be listed. A list of
all agencies and individuals from whom pertinent information was obtained
orally or by letter shall be listed separately. Dates and locations
of all meetings shall be specified.
(4)
Disposition. The Board shall not approve any submission unless
it determines and finds that the proposed development:
(a)
Will not result in appreciable harmful effects to the environment.
(b)
Has been designed and conceived with a view toward the protection
of regional sources.
(c)
Will not place a disproportionate or excessive demand upon the
total resources available for such proposal and for any future proposals.
E.
Effect of preliminary approval. Preliminary approval shall confer
upon the applicant the following rights for a three-year period from
the date of the preliminary approval:
(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.
(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 plat or plan.
(3)
That the applicant may apply for and the 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 may govern.
(4)
That the applicant may, at his own risk, request the administrative
officer to authorize commencement of site construction and/or the
issuance of a footing and/or foundation construction permit, provided
that the applicant:
(a)
Has secured all necessary approvals and permits from other agencies
(e.g., Mercer County Planning Board, Mercer County Soil Conservation
District, New Jersey Department of Transportation, New Jersey Department
of Environmental Protection, etc.) having jurisdiction over the construction.
(b)
Has fulfilled all conditions of preliminary approval from the
Planning Board or Zoning Board of Adjustment.
(c)
Has submitted a Mylar copy of the approved preliminary plan
for signatures of appropriate municipal officials and subsequently
provided a copy of the signed Mylar and 10 prints of the signed Mylar
to the Land Use Coordinator.
(d)
Has paid the required public works inspection fees.
(e)
Has submitted the required application forms, plans and construction
permit fees to the Division of Construction Inspections.
(f)
Has held a preconstruction meeting with the appropriate municipal
officials and has submitted at the meeting a schedule of work to be
completed and a plan indicating all trees to be preserved.
(g)
Has obtained a sewer connection permit or, if applicable, a
septic system permit from the appropriate agencies prior to any construction.
(5)
No site construction shall commence without specific authorization
from the administrative officer, and all work performed on the basis
of a preliminary plan shall be at the applicant's risk.
[Amended 11-2-1994 by Ord. No. 94-048; 4-7-2020 by Ord. No. 20-015]
A final submission is required of all subdivisions and site
plans which have received preliminary approval.
A.
Procedure for submitting final plats and final plans.
(1)
The application for final approval must be submitted within
three years after the date of preliminary approval to the administrative
officer in accordance with the current development process calendar.
(2)
The administrative officer shall, upon a determination that
the requirements of the development application checklist(s) have
been fulfilled, process the application and shall issue an application
number, which thereafter shall appear on all papers, maps, plats and
other documents submitted for processing in conjunction with the application.
The administrative officer shall schedule the application for the
next Planning Board or Zoning Board of Adjustment meeting, as the
case may be.
(3)
The administrative officer shall retain one copy of the final
plat or plan, any protective covenants or deed restrictions and the
application form and shall distribute the remaining copies in the
following manner:
(a)
Township Planning and Zoning Division: one copy each of the
final plat or plan, any protective covenants or deed restrictions
and the application.
(b)
Township Engineering Division: one copy each of the final plat
or plan, any protective covenants or deed restrictions and the application.
(c)
Township Construction Inspections Division: one copy each of
the final plat or plan, any protective covenants or deed restrictions
and the application.
(d)
Environmental Commission: one copy of the sketch and application.
(4)
At the direction of the administrative officer, additional copies
of the final plat or plan may be forwarded to other individuals, offices
and agencies for review and comment. In those instances where an application
for site plan, subdivision or conditional use approval is being reviewed
by the Board of Adjustment, the administrative officer shall forward
a copy of same to the Planning Board for its information.
B.
Details required for final subdivision plats.
(1)
All details stipulated in § 550-225B(1) through (28).
(2)
Each submission shall be at a scale of one inch equals 100 feet
for a tract up to 150 acres and one inch equals 200 feet for a tract
of 150 acres or more. Each submission shall be on a sheet sized 24
by 36 inches. If one sheet is not sufficient to contain the entire
tract, it may be shown on separate sheets of equal sizes with reference
on each sheet to the adjoining sheets.
(3)
Signature block as follows:
|
1.
|
Application _____ Number _____ Map _____ Section _____ Lot _____
Zone _____
| |
|
2.
|
I consent to the filing of this plat or plan with the Planning
Board/Zoning Board of Adjustment (only include appropriate board)
of the Township of Hamilton.
| |
|
(Applicant)
|
(Date)
| |
|
(Owner)
|
(Date)
| |
|
3.
|
I hereby certify that I have prepared this plat or plan and
that all dimensions and information are correct.
| |
|
(Name)
|
(Title and License No.)
| |
|
4.
|
I have reviewed this plat or plan and certify that it meets
all codes and ordinances under my jurisdiction.
| |
|
(Township Engineer)
|
(Date)
| |
|
5.
|
I have reviewed this plan and certify that it meets all codes
and ordinances under my jurisdiction.
| |
|
(Township Planner)
|
(Date)
| |
|
6.
|
To be signed before the issuance of a building permit:
| |
|
I hereby certify that all the required improvements have been
installed or a bond posted in compliance with all applicable codes
and ordinances.
| ||
|
(If improvements installed)
| ||
|
(Township Engineer)
|
(Date)
| |
|
(If bond posted)
| ||
|
(Township Clerk)
|
(Date)
| |
|
7.
|
Approved by the Planning Board/Zoning Board of Adjustment (only
include appropriate board) Final
| |
|
(Chairman)
|
(Date)
| |
|
(Secretary)
|
(Date)
| |
|
8.
|
I hereby certify that this map complies with the provisions
of N.J.S.A. 40:55D-50 and further certify that it has been approved
for filing in the Office of the County Clerk of Mercer County by the
proper authority, the Planning Board of the Township of Hamilton.
| |
|
This certification shall expire if this map is not properly
filed with the said county on or before _____ (date).
| ||
|
Secretary, Planning Board
|
Date
| |
(4)
All additional details required at the time of preliminary approval.
(5)
All dimensions of the exterior boundaries of any subdivision,
balanced and closed to a precision of one to 10,000, and the dimensions
of all lot lines to within one to 20,000. All dimensions, angles and
bearings must be tied to at least two permanent monuments not less
than 300 feet apart, and all information shall be indicated on the
plat. At least one corner of the subdivision shall be tied to United
States Geological Survey bench marks, with data on the plat as to
how the bearings were determined.
C.
Details required for final site plans.
(1)
All details stipulated in § 550-225C(1) through (38).
(2)
Each submission shall be at a scale of one inch equals 100 feet
for a tract up to 150 acres and one inch equals 200 feet for a tract
of 150 acres or more. Each submission shall be on a sheet sized 24
by 36 inches. If one sheet is not sufficient to contain the entire
tract, it may be shown on separate sheets of equal sides, with reference
on each sheet to the adjoining sheets.
(3)
Signature block as follows:
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1.
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Application _____ Number _____ Map _____ Section _____ Lot _____
Zone _____
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2.
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I consent to the filing of this plat or plan with the Planning
Board/Zoning Board of Adjustment (only include appropriate board)
of the Township of Hamilton.
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(Applicant)
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(Date)
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(Owner)
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(Date)
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3.
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I hereby certify that I have prepared this plat or plan and
that all dimensions and information are correct.
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(Name)
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(Title and License No.)
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4.
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I have reviewed this plat or plan and certify that it meets
all codes and ordinances under my jurisdiction.
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(Township Engineer)
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(Date)
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5.
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I have reviewed this plan and certify that it meets all codes
and ordinances under my jurisdiction.
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(Township Planner)
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(Date)
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6.
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To be signed before the issuance of a building permit:
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I hereby certify that all the required improvements have been
installed or a bond posted in compliance with all applicable codes
and ordinances.
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(If improvements installed)
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(Township Engineer)
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(Date)
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(If bond posted)
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(Township Clerk)
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(Date)
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7.
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Approved by the Planning Board/Zoning Board of Adjustment (only
include appropriate board) Final
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(Chairman)
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(Date)
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(Secretary)
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(Date)
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(4)
All additional details required at the time of preliminary approval.
(5)
All dimensions of the exterior boundaries of any subdivision,
balanced and closed to a precision of one to 10,000, and the dimensions
of all lot lines to within one to 20,000. All dimensions, angles and
bearings must be tied to at least two permanent monuments not less
than 300 feet apart, and all information shall be indicated on the
plat. At least one corner of the subdivision shall be tied to United
States Geological Survey bench marks, with data on the plat as to
how the bearings were determined.
D.
Action by the Township.
(1)
The Township Department of Community and Economic Development
and all other individuals, offices and agencies to which copies of
the submission were forwarded shall submit their comments and recommendations
to the Planning Board or Zoning Board of Adjustment, as the case may
be, within 30 days of their receipt of the submission.
(2)
Upon the submission of a complete application for final approval,
the Board shall grant or deny final approval within 45 days of the
date of such submission or within such further time as may be consented
to by the developer. Failure of the Board to act within 45 days or
such further time as agreed to by the applicant shall constitute final
approval. In such case, the administrative officer shall certify the
submission date of the application and the failure of the Board to
act within the specified time period, and this certification shall
be sufficient in lieu of the written endorsement of the Board.
(3)
If the Board acts favorably on the final submission, the Chairman
and the Secretary of the Board (or the acting Chairman and Secretary
where either or both may be absent) shall affix their signatures to
the original plan. The applicant shall provide the administrative
officer with the following documents:
(4)
Within 95 days of the date of the signing of the final subdivision
plat, the subdivider shall file a copy of same with the County Clerk.
In the event of failure to file within said 95 days, the approval
of the major subdivision shall expire, and any further proceedings
shall require the filing of a new plat as in the first instance. The
Board, for good cause shown, may extend the time for filing for an
additional 95 days.
(5)
If the Board, after consideration and discussion of the final
submission, determines that it is unacceptable, a notation shall be
made by the Chairman of the Board to that effect on the plan, and
a resolution shall be adopted setting forth the reasons for such rejection.
One copy of the plan and the resolution shall be returned to the applicant
within 10 days of such determination.
E.
Effect of final approval. Final approval of a site plan shall confer
upon the applicant the following rights for a two-year period from
the date of final approval:
(1)
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed.
(2)
If the developer has followed the standards prescribed for final
approval, the Board may extend the period of protection for extensions
of one year each, not exceeding three such extensions.
[Amended 11-2-1994 by Ord. No. 94-048]
A.
Procedure.
(1)
All applications for variance relief to the Zoning Board of
Adjustment (with the exception of use or D variances) and not involving
any related site plan or subdivision proposal must be filed with the
administrative officer at least 21 days prior to the meeting of the
Board of Adjustment for which the application will be scheduled for
a hearing. The administrative officer shall, upon a determination
that the requirements of the development application checklist(s)
have been fulfilled, process the application and issue an application
number, which thereafter shall appear on all papers, maps, plats and
other documents submitted for processing in conjunction with the application.
The administrative officer shall schedule the application for the
next available Zoning Board of Adjustment meeting.
(2)
All applications for conditional use or use variance relief
to the Zoning Board of Adjustment and not involving any related site
plan or subdivision proposal must be filed with the administrative
officer in accordance with the development process calendar. The administrative
officer shall, upon a determination that the requirements of the development
application checklist(s) have been fulfilled, process the application
and issue an application number, which thereafter shall appear on
all papers, maps, plats and other documents submitted for processing
in conjunction with the application. The administrative officer shall
schedule the application for the next Planning Board or Zoning Board
of Adjustment meeting, as the case may be.
B.
Details required for variance relief applications (except use or
D variances).
(1)
For a single- or two-family dwelling, a current survey or plot
plat showing all existing and proposed structures, easements, driveways
and parking areas on the property.
(3)
Floor plans and elevation drawings of existing and proposed
structures, noting type of exterior finish material to be used.
(4)
Construction details showing typical structural features (i.e.,
foundation, footings, wall section, roof section) to be used.
[Added 9-18-1996 by Ord. No. 96-042; amended 11-7-1996 by Ord. No.
96-050]
A.
Any developer of a parcel of land for which the developer is seeking
approval of a planned development may submit a general development
plan to the Planning Board prior to the granting of preliminary subdivision
approval or preliminary site plan approval. Planned development approvals
adopted prior to the enactment of this section (November 7, 1996),
and the procedural and substantive rights created thereunder, shall
remain in full force and effect.
B.
Except for required reports and other written documentation, the
general development plan shall be submitted in plat form at a scale
of one inch equals 100 feet for a tract up to 150 acres and one inch
equals 200 feet for a tract of 150 acres or more. Each submission
shall be on a sheet sized 24 inches by 36 inches. If one sheet is
not sufficient to contain the entire tract, it may be shown on separate
sheets of equal sizes, with reference on each sheet to the adjoining
sheets.
C.
A general development plan shall include the following:
(1)
A land use plan, indicating the tract area and general locations
of the land use uses to be included in the planned development. The
total number of dwelling units and amount of nonresidential floor
area to be provided and proposed land area to be devoted to nonresidential
use should be set forth. In addition, the proposed types of nonresidential
uses to be included in the planned development should be set forth,
and the land area to be occupied by each proposed use should be estimated.
(2)
A circulation plan showing the general location and types of
transportation facilities, including bus facilities and facilities
for pedestrian and bicycle access, within the planned development
and any proposed improvements to the existing transportation system
outside the planned development.
(3)
An open space plan showing the proposed land area and general
location of land areas to be set aside for conservation and recreational
purposes and a general description of improvements proposed to be
made thereon, including a plan for the operation and maintenance of
such lands and including reforestation efforts.
(4)
A utility plan indicating the need for and showing the proposed
location of sewage lines and waterlines and drainage facilities necessitated
by the physical characteristics of the site, proposed methods for
handling solid waste disposal, and a plan for the operation and maintenance
of proposed utilities.
(5)
A stormwater management plan setting forth the proposed method
of controlling and managing stormwater on the site.
(6)
An environmental inventory, including a general description
of the vegetation, soils, topography, geology, surface hydrology,
climate and cultural resources of the site, existing man-made structures
or features and the probable impact of the development on the environmental
attributes of the site.
(7)
A community facility plan indicating the scope and type of supporting
community facilities.
(8)
A local service plan, indicating those public services which
the applicant proposes to provide and which may include, but not be
limited to, water, sewer, cable and solid waste disposal.
(9)
A housing plan outlining the number of housing units to be provided.
(10)
A fiscal report providing:
(a)
An analysis of the impact of the proposed new population, providing
an estimate of the number of workers expected to be added to the local
employment workforce as a result of the proposed development according
to nonresidential use types.
(b)
An analysis of the impact of the proposed new population upon
public schools.
(c)
An analysis of development costs and benefits in order to review
estimated municipal and public school costs and revenues. The analysis
should also include impacts on the taxable annual base of the Township
and nonproperty tax revenues for the Township and School District.
Such cost-and-benefit analysis should discuss the revenues expected
to be generated from the development compared to the anticipated costs
which the proposed development is expected to generate. Revenues and
costs should be shown for the municipality, the school system, and
the county.
(d)
A market study that addresses the proposed commercial uses,
their size and potential trade area and impacts.
(11)
A design and development criteria booklet should be provided,
establishing design and development criteria for buildings; parking,
service and access; lighting; signs; drainage, preservation of existing
major trees, setbacks from preserved wooded areas, use of preserved
wooded areas, tree protection during construction, and other landscape
design considerations. The booklet should also address criteria for
environmental and visual protection during construction and provisions
for review of energy conservation measures.
(12)
A proposed timing schedule in the case of a planned development
whose construction is contemplated over a period of years, including
any terms or conditions which are intended to protect the interests
of the public who occupy any section of the planned development prior
to the completion of the development in its entirety.
(13)
An agreement between the developer and the Township relating
to the planned development.
D.
The planned development shall be developed in accordance with the
general development plan approved by the Planning Board, notwithstanding
any provision of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et
seq.) or of any ordinance or regulation adopted pursuant thereto after
the effective date of the approval.
(1)
The term of the effect of the general development plan approval
shall be determined by the Planning Board using the guidelines set
forth below in this section, except that the term of the effect of
the approval shall not exceed 10 years from the date upon which the
developer received final approval of the first section of the planned
development.
(2)
In making its determination regarding the duration of the effect
of approval of the general development plan, the Planning Board shall
consider the amount of nonresidential floor area to be constructed;
prevailing economic conditions; the timing schedule to be followed
in completing the development and the likelihood of its fulfillment;
the developer's capability of completing the proposed development;
and the contents of the general development plan and any conditions
which the Planning Board attaches to the approval thereof.
E.
In the event that the developer seeks to modify the proposed timing
schedule, such modification shall require the approval of the Planning
Board. The Planning Board shall, in deciding whether or not to grant
approval of the modification, take into consideration prevailing economic
and market conditions, anticipated and actual needs for residential
units and nonresidential space within the Township and the region,
and the availability and capacity of public facilities to accommodate
the proposed development.
F.
The developer shall be required to gain the prior approval of the
Planning Board if, after approval of the general development plan,
the developer wishes to make any variation in the location of land
uses within the planned development or to increase the floor area
ratio of nonresidential development in any section of the planned
development.
G.
Except as provided hereunder, once a general development plan has
been approved by the Planning Board, it may be amended or revised
only upon application by the developer approved by the Planning Board.
A developer, without violating the terms of the approval, may, in
undertaking any section of the planned development, reduce the amount
of nonresidential floor space by no more than 15% or reduce the nonresidential
floor area ratio by no more than 15%.
H.
Upon completion of each section of the development as set forth in
the approved general development plan, the developer shall notify
the Township administrative officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purposes of this section, "completion" of any section
of the development shall mean that the developer has acquired a certificate
of occupancy for every residential unit or every nonresidential structure,
as set forth in the approved general development plan and pursuant
to § 15 of the State Uniform Construction Code (N.J.S.A.
52:27D-133). If the Township does not receive such notification at
the completion of any section of the development, the Township shall
notify the developer, by certified mail, in order to determine whether
or not the terms of the approved plan are being complied with.
(1)
If a developer does not complete any section of the development
within eight months of the date provided for in the approved plan,
or if at any time the Township has cause to believe that the developer
is not fulfilling his obligations pursuant to the approved plan, the
Township shall notify the developer, by certified mail, and the developer
shall have 10 days within which to give evidence that he is fulfilling
his obligations pursuant to the approved plan. The Township thereafter
shall conduct a hearing to determine whether or not the developer
is in violation of the approved plan. If after such a hearing the
Township finds good cause to terminate the approval, it shall provide
written notice of same to the developer, and the approval shall be
terminated 30 days thereafter.
(2)
In the event that a developer who has general development plan
approval does not apply for preliminary approval for the planned development
which is the subject of that general development plan approval within
five years of the date upon which the general development plan has
been approved by the Planning Board, the Township shall have cause
to terminate the approval. However, the Planning Board, in establishing
the timing schedule, and the Township, in negotiating a developer's
agreement relating to the planned development, may allow for preliminary
approval for section(s) of the planned development to be applied for
subsequent to five years of the date upon which the general development
plan has been approved by the Planning Board; in which case, the Township
shall not have cause to terminate the general development plan approval
as long as the developer shall fulfill his obligations under the approved
plan.
I.
In the event that a development which is the subject of an approved
general development plan is completed before the end of the term of
the approval, the approval shall terminate with the completion of
the development. For the purposes of this section, a development shall
be considered complete on the date upon which a certificate of occupancy
has been issued for the final residential or nonresidential structure
in the last section of the development in accordance with the timing
schedule set forth in the approved general development plan and the
developer has fulfilled all of his obligations pursuant to the approval.
J.
The Planning Board shall grant or deny general development plan approval
within 95 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 Planning Board to act within the period
prescribed shall constitute general development plan approval of the
planned development.
K.
Anything herein to the contrary notwithstanding, where constructed
uses and valid subdivision or site plan approvals for a planned development
in existence prior to August 20, 1996, establish a level of intensity
of use, off-tract requirements (construction or contribution, design
waivers and variances), any general development plan and municipal
development agreement for existing and newly proposed areas in the
planned development adopted after August 20, 1996, shall recognize
and protect the procedural and substantive vested rights granted by
previous construction and subdivision or site plan approvals.
[Added 4-26-2004 by Ord. No. 04-012]
A.
Any land
use application identified in this section shall include a contribution
disclosure statement containing the information set forth herein.
B.
APPLICATION CHECKLIST
CONTRIBUTION
CONTRIBUTION DISCLOSURE STATEMENT
DEVELOPER
PROFESSIONAL
As used
in this section, the following terms shall have the meanings indicated:
The list of submission requirements adopted by ordinance
and provided by the municipal agency to a developer pursuant to N.J.S.A.
40:55D-10.3.
Every loan, donation, subscription, advance or transfer of
money or other item of value, including any item of real property
or personal property, tangible or intangible (but not including services
provided without compensation by individuals volunteering a part or
all of their time on behalf of a candidate or committee), made to
or on behalf of any municipal campaign committee or fund of any Hamilton
Township municipal candidate or office holder, or any Hamilton Township
municipal or Mercer County party committee, together with any pledge,
promise or other commitment or assumption of liability to make such
transfer, as may be required to be reported pursuant to N.J.S.A. 19:44A-1
et seq. For purposes of the disclosure requirements under this section,
any such commitment or assumption shall be deemed to have been a contribution
upon the date when such commitment is made or liability assumed.
A list specifying the amount, date and the recipient of any and all contributions made to or on behalf of a municipal campaign committee or fund of any Hamilton Township municipal candidate or office holder, or any Hamilton Township municipal or Mercer County party committee, made up to one year prior to filing the application and/or during the pendency of the application process, and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq. The identification and disclosure requirements of this subsection shall begin with contributions made on or after the effective date of § 550-229.
The developer as defined by N.J.S.A. 40:55D-4, i.e., the
legal or beneficial owner or owners of a lot or of any land proposed
to be included in a proposed development, including the holder of
an option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
Any person or entity whose principals are required to be
licensed by New Jersey law and who supplies representation, expert
testimony or written reports in support of an application. Professionals
shall include both any individuals supplying the representation, testimony
or reports and the firms or entities within which such individuals
practice.
C.
Disclosure requirements.
(1)
Any application for nonresidential development of more than
10,000 square feet and all residential development of five or more
units shall include in the application a contribution disclosure statement
from the developer and all associates of such developer who would
be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2,
and all professionals who supply or provide testimony, plans or reports
in support of such application and who have a proprietary interest
in the property or development which is the subject of the application
or whose fee in whole or part is contingent upon the outcome of the
application.
(2)
During the pendency of the application process until final approval is granted, any applicant shall amend its contribution disclosure statement(s) to include continuing disclosure of all contributions within the scope of the disclosure requirement of Subsection C(1) above.
(3)
An application shall not be deemed complete by the administrative
officer or accepted for public hearing by the Planning Board or Zoning
Board of Adjustment until the required contribution disclosure statement
is submitted.
D.
Availability of the disclosure statement. All contribution disclosure
statements shall be available in the office of the administrative
officer for review by any member of the public.
E.
Intent of the disclosure statement. The contribution disclosure statement
shall serve to inform the public and not serve as evidence relevant
to the decision for land use approval.
