Applications for development or appeals within the jurisdiction
of the Board shall be made by the filing of such application forms,
fees, and required plans and documents and information as per the
relevant checklists, with the administrative officer, at least 25
days before the monthly meeting of the Board.
Application forms and checklists for development or appeals
shall be provided to any person upon request, and checklist requirements
shall be as found in Schedule I of this chapter.
Within 45 days of its filing, an application for development
or an appeal must be determined to be complete or incomplete. If no
determination is made within such time, the application for development
or appeal shall be deemed complete. The administrative officer shall
determine whether such application or appeal contains all necessary
forms, fees and required plans, documents and information as per relevant
checklists and notify the applicant of any administrative deficiency.
Simultaneously with its filing, the administrative officer shall transmit
the application to the Police Department, Fire Prevention Bureau,
Fire Department, and Department of Public Works for a determination
of technical sufficiency relating to each department's area of expertise
and operations. Each department shall provide a written report to
the Board and applicant as to whether such application holds any concerns
for said department which specifically relate to the operation of
that department. The administrative officer shall also submit a complete
set of application forms, required plans, documents and information
as per the relevant checklists to the Board Engineer for a determination
of technical sufficiency. The Board Engineer shall make a recommendation
to the Board as to whether such application is technically sufficient
for completeness and whether any waivers requested are appropriate.
Except as otherwise provided below, all nonresidential or multifamily
applications shall require a Board completeness hearing and determination.
For amended/minor site plan applications, minor subdivision applications,
and single-family or two-family residential variance applications,
upon the finding of the administrative officer and Board Engineer
that the application is substantively and sufficiently complete and
the waivers that are sought are recommended by the Board Engineer,
the application shall be deemed complete. If, however, any application
or appeal is deficient as to any forms, fees, or required plans, documents
and information as per the relevant checklist, or waivers sought are
substantial, the administrative officer shall submit the matter to
the Board for a hearing to determine whether waivers should be granted
and whether such application is complete or incomplete. Once an application
is deemed complete, it shall be placed on the Board's agenda
for hearing. The determination that an application for development
or an appeal is complete shall not prohibit the Board from requiring
corrections or additional information, even if not specified by the
application or checklist requirements, if such information is reasonably
necessary for a determination of the application or appeal.
Every application for development or appeal must be accompanied
by the required fees as referenced in Schedule II of this chapter,
payable to the Township of Little Falls.
Every application for development or appeal must be accompanied
by the required escrow deposit as referenced in Schedule II of this
chapter.
An applicant shall pay inspection fees equal to the actual expenses
incurred with respect to:
A. The inspection of on-site, on-tract, off-site and off-tract improvements
constructed or installed by the applicant in accordance with the terms
and conditions of subdivision and/or site plan approval or the grant
of a variance.
B. The testing of materials or construction work performed by the applicant
in the event that such testing is deemed necessary by the Township.
C. Analyses or tests to determine compliance by the applicant with any
monitoring standards established by the terms and conditions of subdivision
or site plan approval.
D. The inspection of improvements constructed or installed by the applicant
for purposes of determining compliance with any maintenance obligations
of the applicant.
(1) The improvements constructed or installed to meet the requirements
of subdivision or site plan approval, which are the subject of inspection,
include the following: pavement subgrade, base course pavement, surface
course pavement, sidewalks, storm drainage facilities, sanitary sewerage
facilities, street signs, topsoil and erosion protection, grading,
landscaping and monuments. An applicant shall give notice at least
24 hours in advance of the undertaking of any work which is the subject
of inspection. Overtime inspection will not be provided unless special
arrangements are made therefor prior to the overtime period. Inspection
fees shall be calculated in accordance with the actual time required
for inspection at rates established annually by the Planning Board.
(2) At the time of the granting of final subdivision or site plan approval,
or prior to the commencement of any work on subdivision or site plan
improvements, if such work is undertaken before final approval, the
applicant shall pay to the Township an initial deposit for inspection
fees. Such initial deposit shall be in accordance with N.J.S.A. 40:55D-53h
and shall be equal to the greater of $500 or 5% of the estimated costs
of improvements. The estimated costs of improvements shall be determined
by the Board Engineer based on documented construction costs for public
improvements prevailing in the general area of the municipality. For
inspection fees less than $10,000, fees may be paid in two equal installments.
For inspection fees over $10,000, fees may be paid in four equal installments.
Whenever the balance falls below 10% of the deposit, the developer
shall deposit the next installment.
(3) Inspections shall not relieve the applicant from the obligation to
perform work strictly in accordance with the approved plans and specifications
or the obligation to perform work in a workmanlike manner using first-class
materials. Until such time as the Township Council shall approve the
construction and installation of any improvement by a resolution adopted
pursuant to the provisions of N.J.S.A. 40:55D-53e(1), any improvements
not in compliance with the aforesaid plans, specifications or standards
shall be replaced, reconstructed or repaired by the applicant notwithstanding
any previous oversight or error in inspection.
E. Construction-related administrative costs for review of shop drawings,
easements and rights-of-way for dedication, bond estimates and other
normal and customary administrative activities where review with or
without reports and recommendations to the Township administrative
or legislative branches is needed to confirm work is satisfactory.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Planning
Board or to the Zoning Board of Adjustment shall be accompanied by
proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application;
or if it is shown that taxes or assessments are delinquent on said
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments
or the making of adequate provision for the payment thereof in such
manner that the municipality will be adequately protected.
In accordance with the provisions of the Municipal Land Use
Law, where the applicant is a corporation or partnership seeking approval
to subdivide land into six or more lots, or a variance to construct
25 or more family units, or for commercial development, the application
shall be accompanied by a statement listing the names and addresses
of stockholders or partners owning at least 10% of such corporation
or partnership. If a corporation or partnership owns 10% or more of
the stock or partnership of the applying corporation or partnership,
then the names and addresses of the individuals of that corporation
or partnership owning 10% or more of the owning corporation or partnership
shall be listed in the statement as well.
Upon the request of any applicant and the payment of such fee
as may be required by law, the Township Tax Assessor shall provide
a certified list of owners within 200 feet of any property that is
the subject of a development application or appeal, and such certified
list shall be deemed conclusive for service of notice if relied upon
by the applicant for such purposes.
Notice of a hearing by service and publication shall be given
in accordance with and as required by the provisions of the Municipal
Land Use Law and for the following applications for development and
appeals:
A. Any request for a variance from the requirements of Chapter
280, Zoning.
B. Any request for conditional use approval.
C. Any request for preliminary approval of a major site plan.
D. Any request for preliminary approval of a major subdivision.
E. Any request for the issuance of a permit to build within the bed
of a mapped street, public drainageway, flood-control basin or public
area reserved on the Official Map, or in a lot not abutting a street.
F. An appeal of a determination or order by the administrative officer
or Zoning Officer concerning a specific parcel of land.
G. Such other applications as require notice pursuant to the Municipal
Land Use Law.
At least five days in advance of any hearing for which notice
is required, the applicant shall file an affidavit of service and
publication of notice, with a copy being transmitted to the Board
Attorney.
Upon a determination that an application is complete, the Board
shall act on such application in accordance with the time limits,
subject to extensions as consented to by the applicant, within the
following time:
B. Amended or minor site plans: 45 days.
C. Minor subdivisions: 45 days.
D. Preliminary major site plans: 45 days.
E. Preliminary major subdivisions (10 or fewer lots): 45 days.
F. Preliminary major subdivisions (greater than 10 lots): 95 days.
G. Final site plan: 45 days.
H. Final subdivisions: 45 days.
I. Conditional use: 95 days.
Upon final disposition of an application or appeal by the Board
through approval, denial or a combination thereof, such determinations
shall be memorialized through a written resolution that shall be adopted
by the Board in accordance with the time and requirements as set forth
in the Municipal Land Use Law.
Upon adoption by the Board of a written resolution memorializing
the final disposition of an application or appeal, the Secretary of
the Board shall publish a brief notice of the adoption of the memorializing
resolution, indicating the name of the matter, property affected,
a brief explanation of the nature of the application or appeal, and
the determination of the Board.