A.
Specifications[1] and checklists for items and information to be submitted
for complete applications for development. In order for an application
for development to be complete for purposes of commencing the applicable
time period for action by a municipal agency pursuant to N.J.S.A.
40:55D-10.3, the items as set forth in the attached Schedule A, General
Requirements, must be submitted, regardless of the type of application
for development, as well as those items on the following Schedules
B, C, and D for the particular type of application being made. Said
schedules shall serve as checklist and shall be provided to each applicant
for development approval:
(1)
One copy of the appropriate application form(s), completely filled
in and signed by the applicant. If any item is not applicable to the
applicant, it should so be indicated on the application form(s).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Certificate that taxes are paid.
(3)
Receipt indicating that fees are paid.
(4)
Eighteen copies of any required plot plan, site plan, or subdivision
plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
Affidavit of ownership. If applicant is not the owner, applicant's
interest in land, e.g., tenant, contract/purchaser, lienholder, etc.,
and a copy of the document creating that interest (prices may be deleted).
(6)
If a corporation or partnership, list the names and addresses of
all stockholders or individual partners owning at least 10% of its
stock of any class as required by N.J.S.A. 40:55D-48.1 et seq.
(7)
Names and addresses of witnesses and their expertise, if any.
(8)
Statement as to any application requirements for which waiver is
sought, together with a statement of reasons why waivers should be
granted.
In addition to the information required for a zoning permit,
all site plans shall fulfill the information requirements of this
section prior to review by the approving authority.
A.
Site plans shall be prepared under the supervision of and be signed
and sealed by either a New Jersey registered professional engineer
or a registered architect. A plan shall be drawn at a scale not less
than one inch equals 50 feet.
B.
The site plan shall clearly show the conditions on and adjacent to
the site at the time of application, the features of the site which
are being incorporated into the proposed use or building and the appearance
and function of the proposed use or building. At a minimum, the preliminary
site plan shall include the following information, unless waived by
the Planning and Zoning Board:
(1)
A key map at an appropriate scale showing the location of the site
and its relationship to surrounding areas and to existing street locations.
(2)
Name and address of owner, developer and person preparing plan.
(3)
The Tax Map sheet, block and lot numbers.
(4)
Certificate from the Tax Collector that all taxes are paid to date.
(5)
The names of all adjoining property owners as disclosed by the most
recent tax records.
(6)
The entire property in question, even though only a portion of said
property is involved in the site plan; provided, however, that where
it is physically impossible to show the entire property on the required
sheet, a separate map at an appropriate scale may be submitted.
(7)
The location, design and dimensions of each new and existing use
and building.
(8)
The building or use setback distances from all property lines.
(9)
The location, dimensions and arrangement of streets, vehicular accessways
and driveways, off-street parking areas, methods of separating land
traffic and parking traffic within off-street parking areas and loading
and unloading areas.
(10)
A survey prepared by a land surveyor licensed by the State of
New Jersey shall accompany site plans and shall show the boundaries
of the parcel and the limits of all proposed streets, recreation areas
and other property to be dedicated to public use or to common open
space. In the case of new commercial, industrial or public buildings,
the site plan shall be accompanied by preliminary architectural floor
plans and elevations with the name, address, professional number and
seal of the architect involved.
(11)
Location of all existing trees or tree masses indicating general
sizes and species of trees.
(12)
The location, design, and dimensions of open areas, buffer areas,
pedestrian walkways and any recreation areas and facilities proposed
by the developer.
(13)
Landscaping and buffering plan showing what will remain and
what will be planted, indicating names of plants and trees and dimensions,
approximate time of planting and method of planting.
(14)
Contours at two-foot intervals for slopes averaging 5% or greater
and one-foot contours for slopes less than 5%, unless determined by
the Township Engineer to be unnecessary in whole or in part.
(15)
Grading plan showing existing and proposed spot elevations based
upon the U.S. Coastal Geodetic datum at all building corners, all
floor levels, center lines of abutting roads, top and bottom curbs,
property corners, gutters and other pertinent locations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(16)
The location, size and direction of flow of all streams, brooks,
ditches, lakes and ponds. The boundaries of the floodplains of all
watercourses shall also be submitted.
(17)
Cross sections and center line profiles of all existing or proposed
streets or watercourses.
(18)
Plans and design data for storm drainage facilities.
(19)
Preliminary plans and profiles of proposed utility layouts and
water and sewer facilities.
(20)
If on-site sewage disposal is required, the results and location
of all percolation tests and test borings shall be shown on the plan.
(21)
At a minimum, the floor plan and front elevation of all proposed
principal buildings and all contemplated accessory buildings and structures.
(22)
The size, type and location of all proposed signs.
(23)
The location and design of proposed lighting for buildings,
signs and grounds.
C.
The approving authority may require additional information in order to properly review and take action on a specific application. The approving authority may also rely on the information or design requirements of Article IV, Design Standards and Specifications for Required Improvements, of this chapter, where applicable, or may make reasonable requests for additional information.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
A soil erosion and sediment control plan or a statement of nonapplicability
is required for site plans.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Environmental impact statement in triplicate, as per Checklist Schedule
D, is required for site plans.
F.
Procedure and fees. In cases requiring site plan review and approval, applications for development shall be in accordance with the provisions of this chapter, shall be accompanied by a completed application form, and shall include or be accompanied by information and documentation specified in this section, plus 18 copies of the sealed site plan and a fee as prescribed in Chapter 27, Development Procedures, of this Code to cover the administrative costs, the cost of any professional personnel employed to review and make recommendations, and the cost of publishing notice of any required public hearing. If the costs involved exceed the amount of money submitted with the application, an itemized bill will be submitted to the applicant. If the costs are less than the amount of money collected, the remainder will be returned upon final approval of the site plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All minor subdivisions and sketch plats shall fulfill the information requirements of this section prior to review by the appropriate authority. Proposed subdivisions that are found by the Site Review Committee to comply with the definition of a minor subdivision contained in this chapter shall be considered and reviewed according to specific procedures contained in Chapter 27, Developmental Procedures. The first approval given a minor subdivision shall be deemed to be final approval of the subdivision, provided that the Site Review Committee may condition such approval on terms insuring the provision of improvements pursuant to Article IV of this chapter.
A.
The plan for minor subdivision approval shall be prepared under the
supervision of and be signed and sealed by a licensed New Jersey land
surveyor. A sketch plat for purposes other than for minor subdivision
approval shall be prepared under the supervision of and be signed
and sealed by a licensed New Jersey land surveyor, professional planner,
professional engineer or registered architect.
B.
The plat shall be based on Tax Map information or some other similarly
accurate base at a scale of not more than one inch equals 200 feet
to enable the entire tract to be shown on one sheet.
C.
The following information shall be shown or included on the sketch
plat unless waived by the Planning and Zoning Board:
(1)
A key map at a scale in which one inch equals not more than 1,000
feet showing the entire subdivision and its relation to all features
within 1/2 mile of the limits of the subdivision.
(2)
Certificate from Tax Collector that all taxes are paid to date.
(3)
Name and address of owner, subdivider, and person preparing plat.
(4)
The names of all adjoining property owners as disclosed by the most
recent tax records.
(5)
The Tax Map sheet, block and lot numbers.
(6)
The location of that portion which is to be subdivided in relation
to the entire tract.
(7)
All existing and proposed streets within or adjoining the proposed
subdivision with the right-of-way widths clearly indicated.
(8)
The proposed location of any driveways or other entrances onto a
public street.
(9)
All existing structures and wooded areas within the portion to be
subdivided and within 200 feet thereof.
(10)
All proposed lot lines and lot lines to be eliminated by the
proposed subdivision shall be clearly indicated.
(11)
The location, size and direction of flow of all streams, brooks,
drainage structures and drainage ditches in the area to be subdivided
or within 200 feet of the subdivision.
(12)
The location and width of all existing and proposed utility
easements in the area to be subdivided.
(13)
The zoning classification of the property and all additional
information necessary to show compliance with the applicable zoning
requirements.
(14)
Acreage of the entire tract, the area being subdivided, and
the area of each lot created.
(15)
Approximate lot dimensions, drawing scale and North arrow.
(16)
For all applications involving the creation of more than two
lots, spot elevations on lot corners and, for any application where
found necessary by the Planning and Zoning Board, sufficient topographic
information for a proper determination of requirements, but not exceeding
the topographic information requirement applicable to preliminary
major subdivision applications.
(17)
For any application where found necessary by the Planning and
Zoning Board to assure that there is no adverse effect upon the development
or provision of access to the remainder of tract, a rough indication
of an acceptable layout of the remainder of the tract.
D.
Minor subdivision filing. A plat containing all of the above information
which is reviewed and approved as a minor subdivision may be filed
as a plat if it is a certified survey that contains the signatures
of the Chairperson and Planning and Zoning Board Secretary and meets
the requirements of the Map Filing Law.[1]
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
E.
Procedure and fees. The application shall be accompanied by a fee as prescribed in Chapter 27, Development Procedures, of this Code to cover the administrative costs, the cost of any professional personnel employed to review and make recommendations, and the cost of publishing notice of any required public hearing. If the costs involved exceed the amount of money submitted with the application, an itemized bill will be submitted to the applicant. If the costs are less than the amount of money collected, the remainder will be returned upon final approval of the site plan. The plat shall be submitted to the Secretary of the Planning and Zoning Board 10 days prior to the Planning and Zoning Board's meeting.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A development application which is classified as a major subdivision shall not be considered complete until the information requirements of this section and § 27-2E have been fulfilled unless waived by the Planning and Zoning Board.
A.
The preliminary plat shall be clearly and legibly drawn or reproduced
at a scale of not less than one inch equals 50 feet. It shall be prepared
under the supervision of and be signed and sealed by a licensed New
Jersey land surveyor and engineering design work shall be done by
a licensed New Jersey professional engineer.
B.
The plat shall be prepared in compliance with the design standards
of this section and shall show or be accompanied by the following
information in addition to all that is required for a sketch plat:
(1)
Accurate bearings, headings and other boundary details.
(2)
All required front, side, and rear setback lines.
(3)
Specimen trees having a diameter in excess of 24 inches.
(4)
Any structures of historic significance within 200 feet of the subdivision
and a statement of the impact of the development on the historic structure.
(5)
Topographic contours at two-foot intervals for slopes averaging 5%
or greater and one-foot contours for slopes less than 5%. Elevations
or contours need not be shown, however, for those portions of any
parcel to be retained by the subdivider in an undeveloped state that
are more than 200 feet from the lots being created. Contours should
show existing ground elevations and proposed elevations in any areas
to be regraded.
(6)
Streets. Cross sections and center line profiles of proposed streets
within the subdivision and existing streets which abut the subdivision.
(7)
Watercourses. All existing and proposed watercourses shall be shown
accompanied by the following information:
(a)
When a stream is proposed for alteration, improvement or relocation
or when a drainage structure or fill is proposed within the floodway
of an existing stream, evidence of submission of the improvement to
the State Department of Environmental Protection, Division of Land
Use Regulation, shall accompany the subdivision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
Cross sections of watercourses and/or drainage swales at an
approximate scale showing the extent of the floodplain, top of bank,
normal water level, and bottom elevations at the following locations:
[1]
At any point where a watercourse crosses the boundary of a subdivision.
[2]
At fifty-foot intervals for a distance of 300 feet upstream
and downstream of any proposed culvert or bridge within or adjacent
to the subdivision.
[3]
Immediately upstream and downstream of any point of junction
of two or more watercourses.
[4]
At a maximum of 300-foot intervals along all watercourses which
run through or adjacent to the subdivision.
(c)
When ditches, streams, brooks or watercourses are to be altered,
improved or relocated, the method of stabilizing slopes and the measures
to control erosion and siltation as well as typical cross sections
and profiles shall be shown on the plat or accompany it.
(d)
The boundaries of the floodplains within or adjacent to the
subdivision.
(8)
Drainage.
(a)
Preliminary plans and profiles at a scale of one inch equals
50 feet horizontally and one inch equals five feet vertically of all
proposed and existing storm sewers, drainage swales and streams within
the subdivision, together with the locations, sizes, elevations, and
capacities of any existing storm drain, ditch or stream to which the
proposed facility will be connected.
(b)
The location and extent of any proposed groundwater recharge
basins, retention basins or other water conservation devices.
(c)
All drainage calculations used for the design of the storm drainage
system and the documents indicating conformance to the standards in
this chapter shall be submitted.
(9)
Utilities. Preliminary plans and profiles of proposed utility layouts
shall be at a scale of not more than one inch equals 50 feet horizontally
and one inch equals five feet vertically showing connections to existing
and proposed utility systems.
(10)
On-site sewage disposal. The results and location of all percolation tests and test borings shall be shown on the plat. At a minimum, a test boring and percolation test shall be taken for every four lots. When deemed necessary by the Planning and Zoning Board to determine the suitability of the soil to support new construction, further percolation tests shall be submitted. Any subdivision or part thereof which does not meet the established sewage treatment requirements of Chapter 375, Sewers, of this Code, as revised, shall not be approved unless the proposed remedy to overcome such a situation is approved by the appropriate local, county or state agencies.
(11)
A copy of any protective covenants or deed restrictions applying
to the land being subdivided.
(12)
The location of poles, distance from intersections and illumination
factors for all streetlighting.
C.
For major subdivisions, the applicant shall also submit an environmental
impact statement, in triplicate, as per Checklist, Schedule D.
A.
The final plat shall be drawn in ink on tracing cloth or its equivalent
at a scale of not less than one inch equals 50 feet and in compliance
with all the provisions of the Map Filing Law.[1] The final plat shall be submitted in the following form:
the original or equivalent duplicate, one translucent tracing cloth
or its equivalent copy, two cloth prints and eight black-on-white
prints, including the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
All information listed in § 400-5B.
(2)
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines, with accurate dimensions,
bearings or deflection angles, and radii arcs and central angles of
all curves.
(3)
The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
(4)
New blocks and lots shall be numbered so as to conform with the Township
Tax Maps.
(5)
Minimum building setback line on all lots and other sites.
(6)
Cross sections, profiles and established grades of all streets as
approved by the Township Engineer.
(7)
Plans and profiles of all storm and sanitary sewers and water mains
as approved by the Township Engineer.
(8)
Certificate from Tax Assessor that all taxes are paid to date.
(9)
A statement by the Township Engineer that he is in receipt of a map
showing all utilities and exact location and elevation identifying
those portions already installed and those to be installed and that
the subdivider has installed all improvements in accordance with the
requirements of these regulations or has filed a corporate surety
bond, certified check, returnable to the subdivider after full compliance,
or any other type of surety approved by the governing body and approved
as to form by the Township Solicitor, which is in sufficient amount
to assure the installation and maintenance of improvements. The provisions
of N.J.S.A. 40:55D-53 shall govern said bonds and the completion,
inspection, and approval of said improvements and the payment of inspection
fees.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
B.
For major subdivisions or site plans, applicant shall also submit
an environmental impact statement, in triplicate, signed and sealed
by a New Jersey licensed engineer or a New Jersey licensed professional
planner, preferably with experience in environmental studies. As used
in this section, an "environmental impact statement" means a written
description and analysis of all possible direct and indirect effects
the development will have upon the development's site as well as upon
the surrounding region affected thereby, with particular reference
to the effect of the development upon the public health, welfare and
safety, the protection of public and private property, and the preservation
and enhancement of the natural environment. Every environmental impact
statement shall contain the following:
(1)
A key map showing the location of the development and how it relates
to the surrounding region affected thereby.
(2)
A description of the development specifying, in the form of maps,
drawings, graphs or similar visual aids, and also by narrative, what
is to be done and how it is to be done during and after construction
of the development, including information and technical data adequate
to permit a careful assessment of the environmental impact of the
development.
(3)
An inventory of the existing environmental conditions at the development
site and in the surrounding region affected thereby, which shall describe
the following:
(a)
Physical characteristics:
[1]
Air quality;
[2]
Hydrology, including maps and descriptions of streams, water
bodies and floodplains and a discussion of water quality;
[3]
Geology;
[4]
Soils and their properties, including capabilities and limitations;
[5]
Topography and slope;
[6]
Drainage;
[7]
Vegetation;
[8]
Air quality and water quality shall be described with reference
to the standards promulgated by the Department of Environmental Protection
of the State of New Jersey and soils shall be described with reference
to criteria contained in the New Jersey Soil Conservation District
Standards and Specifications.
(4)
A listing of all licenses, permits or other approvals required by
municipal, county or state law, the status of each, and proof that
the applicant has contacted officials of any federal, state, county
or municipal agency affected by the proposed development.
(5)
An assessment of the probable impact of the development upon all of the topics listed in Subsection B(3) above.
(6)
A listing and evaluation of adverse environmental impacts which cannot
be avoided with particular emphasis upon air or water pollution, increase
in noise during and after construction, damage to plant, tree and
wildlife systems, damage to natural resources, displacement of people
and businesses, increase in sedimentation and siltation, flooding,
potential stormwater runoff damage both on and off site, increase
in municipal services, and health, safety and well-being of the public.
Off-site and off-tract impact shall also be set forth and evaluated.
(7)
A thorough description of the steps to be taken to minimize adverse
environmental impact before, during and after construction of the
development, both at the development site and in the surrounding region
affected thereby, such description to be accompanied by necessary
maps, schedules and other explanatory data as may be needed to clarify
and explain the actions to be taken.
(8)
Any irreversible and irretrievable commitment of resources which
would be involved in the proposed action shall be identified and described.
(9)
A statement of alternatives to the proposed development which might
avoid some or all of the adverse environmental effects, including
a no-action alternative, with an objective evaluation of each alternative
including the no-action alternative.
(10)
A reference list of available pertinent, published information
relating to the development, the development site, and the surrounding
region affected thereby.
(11)
Notwithstanding the foregoing, the reviewing board may waive
the requirement for an environmental impact statement if sufficient
evidence is submitted by the applicant to support a conclusion that
the proposed development will have a slight or negligible environmental
impact. Portions of such requirement may likewise be waived upon a
finding by the reviewing board that a complete statement need not
be prepared in order to evaluate adequately the environmental impact
of the development.
C.
A development application shall be complete for purposes of commencing
the applicable time period for action by the approving authority when
so certified by the approving authority or its authorized committee
or designee. In the event that the Board, committee, or designee 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 purposes of commencing
the applicable time period, unless the application lacks information
indicated on the checklist of items to be submitted specified herein
and provided, in writing, to the applicant, and the approving authority
or its authorized committee or designee has notified the applicant,
in writing, of the deficiencies in the application within 45 days
of submission of the application. The applicant may request that one
or more of the submission requirements be waived, in which event the
Board or its authorized committee shall grant or deny the request
within 45 days of the date of its submission. Nothing herein shall
be construed as diminishing the applicant's obligation to prove in
the application process that the applicant is entitled to approval
of the application. The approving authority may subsequently require
correction of any information found to be in error and submission
of additional information not specified in this section 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
approving authority.
D.
An applicant may appeal the committee or designee's decision concerning
completeness of an application to the Board. The Board shall have
45 days after receipt of a written request to schedule a public hearing,
at which time the Board will determine if the application is complete.
The Board shall affirm, modify, or reverse the decision of the committee
or designee.
E.
The Board shall affirm, modify or reverse the decision of the committee
or designee pursuant to the procedures set in N.J.S.A. 40:55D-17.
A.
Procedure and fees. Site plans shall be submitted for final approval in accordance with the provisions of Chapter 27, Development Procedures.
B.
Final site plan requirements.
(1)
Information and data contained in the submission for preliminary
approval.
(2)
Any site plan revisions, additional data or revised documentation
required by the Planning and Zoning Board in its resolution granting
preliminary approval.
(3)
Offer of dedication of streets or other public ways and deeds for
any public open space resulting from the development application.
(4)
Performance guarantees, approved by the Municipal Solicitor as to
form and the Township Engineer as to amount, sufficient to insure
the satisfactory completion of improvements and facilities as required
by the resolution of the Planning and Zoning Board granting preliminary
approval.
(5)
A statement from the Township Engineer that construction plans for
all street, drainage and other facilities covered by Township standards
are adequate and comply with Township standards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In addition to the application requirements stated in § 400-9, cluster developments shall conform to the regulations set forth in § 450-7 of Chapter 450, Zoning, as well as the requirements stated below.
A.
Land area equal to a minimum of 40% of the tract of land proposed
for development shall not be included in lots and shall be set aside
for conservation, open space, recreation and park area or other public
purposes. Land utilized for street rights-of-way shall not be included
as part of the above 40%.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Not more than 50% of the total open space saved shall be located
in one or more of the following: a floodplain, areas with a slope
greater than 10%, watercourses or bodies of water, or other areas
deemed unsuitable for recreational purposes due to environmental reasons
as made evident by the Planning and Zoning Board's review of the environmental
impact statement required to be submitted.
C.
At least 50% of the total open space saved shall be used for one
or more of the following active recreational purposes: golf courses
and country clubs; swimming pools and cabana clubs; tennis, badminton,
basketball courts; riding clubs; limited-membership outdoor recreational
areas; or private landscaped areas under the supervision of a homeowners'
association as provided for in this section.
D.
The remaining portions of open space saved shall be permanently devoted
to one or more of the following open land uses: parks or playgrounds;
woodland conservation areas; game preserves; wild fowl refuges, pedestrian
walkways; cycling (excluding motorized cycles) and bridle trails;
stream preservations; watershed protection; or flood-control areas.
E.
Provision made within any cluster development for open space and
recreational areas shall be reviewed, found adequate and approved
by the Planning and Zoning Board. In this review, the Planning and
Zoning Board shall investigate the size of parcels devoted to open
space and recreational area, their location within the project, the
topography, the uses contemplated upon such open space and recreational
areas, configurations of the parcels under consideration, facilities
and improvements to be provided, the provisions made for maintenance
and access to said parcels, traffic flow around said parcels, the
ecological aspects, the staging or timing of the open space and recreational
area development and how various categories of recreational facilities
or open space and their location will be proportionally related to
the staging of development of housing units if such staging is proposed.
The Planning and Zoning Board shall make detailed findings concerning
the adequacy or inadequacy of the aforesaid items in conformity with
the provisions of this chapter and the Township Master Plan. The provisions
made shall be deemed adequate if the Planning and Zoning Board determines
that:
(1)
Portions of the open space and recreational area are readily accessible
to all residential dwelling units.
(2)
The uses being designated for open space and recreational areas are
reasonably related to and appropriate and sufficient to meet the needs
of the project's residents for a variety of uses appealing to all
socioeconomic levels and age groups.
(3)
The uses being designated for open space and recreational areas will
be functional upon the arrival of the residents who will use them.
(4)
The topography of the land is suitable for the uses contemplated
and the uses will not be detrimental to the ecology of the area.
(5)
The open space and recreational areas are conveniently and appropriately
designed with regard to the project's pedestrian and vehicular traffic
patterns to provide adequate access to, in, around and from the uses
proposed.
(6)
The restrictions, covenants or other legal devices designed to preserve
open space and recreational areas for the uses initially proposed,
protect open space and recreational areas from erosion into other
uses, and confine open space and recreational areas to the uses approved,
are adequate for the purpose.
F.
While nothing herein contained shall be deemed to require that, as
a condition of cluster development project approval, a developer must
make available lands for public use which are proposed as open space
and recreational areas, the Township may, at any time and from time
to time, accept the dedication of said land or any interest therein
for public use and maintenance where a free and uncoerced offer is
made by the developer. That the offer is free and uncoerced shall
be established on the record of any public meeting wherein the offer
is made. Lands offered to the Township shall meet the following requirements:
(1)
Lands offered for recreational purposes shall be improved by the
developer, including equipment, walkways and landscaping, in order
to qualify the lands for acceptance by the Township.
(2)
Any land offered to the Township shall be optimally related to the
overall plan and design of the development and improved to best suit
the purpose(s) for which it is intended.
(3)
The lands offered to the Township shall be subject to review by the
Planning and Zoning Board which, in its review and evaluation of the
suitability of such land, shall be guided by the Master Plan of the
Township, by the ability to assemble and relate such lands to an overall
plan and by the accessibility and potential utility of such lands.
The Planning and Zoning Board may request an opinion of other public
agencies or individuals as to the advisability of the Township accepting
any lands to be offered to the Township.
(4)
Every parcel of land offered to and accepted by the Township shall
be conveyed to the Township by deed at time of submission of the final
plan to the Township for review and approval. The deed shall contain
such restrictions as may reasonably be required by the Planning and
Zoning Board to effectuate the plans hereinabove pertaining to the
use of such areas. Should the subdivision consist of a number of development
stages, the Planning and Zoning Board may require that acreage proportionate
in size to the stage being considered for final approval be donated
to the Township simultaneously with the granting of final subdivision
approval for that particular stage, even though these lands may be
located in a different section of the overall development.
(5)
The minimum size of each parcel offered to the Township shall be
five acres.
G.
Any lands intended for use as open space or recreational areas and
not to be dedicated to the Township or other public agency shall have
a deed restriction approved by the Township Solicitor, specifying
that it will be permanently devoted to one or more of the various
open space or recreational uses approved by the Planning and Zoning
Board. There also shall be incorporated into the deeds for the open
space or recreational lands a reversion clause, also approved by the
Township Solicitor, arranged in favor of the Township, stating that
in the event the private open space or recreational use ceases to
function for a period of one year, the lands shall be subjected to
the provisions of this subsection.
I.
Where the cluster development contains at least 50 dwelling units,
a homeowners' association shall be established for the purpose of
owning and maintaining common lands and facilities, including conservation,
open space, floodplain, recreation and park areas, streets and other
lands which have not been dedicated to and accepted by the Township.
If established, a homeowners' association shall be in accordance with
the following provisions:
(1)
Membership in any created homeowners' association by all residents
of the development shall be mandatory. Such required membership in
any created homeowners' association and the responsibilities upon
the members shall be in writing between the association and the individual
in the form of a covenant, with each member agreeing to his liability
for his pro rata share of the association's costs and providing that
the Township shall be a party beneficiary to such covenant to enforce
its provisions. When the ownership of the land is transferred from
the landowner to the homeowners' association, the land shall be free
and clear of all encumbrances other than those imposed under the conditions
of preliminary approval.
(2)
Such association shall not be dissolved, nor shall it dispose of
any open space or recreational area by sale or otherwise, except to
an organization or association meeting the standards set forth in
this section and conceived and established to own and maintain open
space and recreational area, without first offering to dedicate the
same to the Township or other public agency designated by the Township.
(3)
The homeowners' association shall be responsible for liability insurance,
local taxes, maintenance of land and any facilities that may be erected
on any land deeded to the homeowners' association and shall hold the
Township harmless from any liability.
(4)
The landowner or developer shall be required to make full disclosure
of the details of any proposed homeowners' association designated
to own and maintain open space and recreational areas within a cluster
development project, including presentation and explanation of all
articles of incorporation, bylaws, deeds of trust, restrictions and
covenants which relate to the organization's operations.
(5)
The applicant or developer shall submit such information as will
permit the Planning and Zoning Board to make detailed findings concerning
the ability of the association to adequately perform the function
for which it is designed. On the basis of this information submitted
by the applicant or developer, the Planning and Zoning Board shall
determine whether or not the provisions made for the following are
adequate:
(a)
Time when association is to be created in relation to the project's
development timetable;
(b)
Mandatory or automatic nature of membership in the organization
by a resident and his/her successor(s);
(c)
Permanence of open space and recreational area's safeguards;
(d)
Liability of organization for insurance, taxes and maintenance
of all facilities;
(e)
Provisions made for pro rata sharing of costs and assessments;
(f)
Capacity of the organization to administer common facilities
and preserve the benefits of the open space and recreational areas;
and
(g)
The restrictions, covenants and other devices establishing automatic
membership in the association and the responsibilities of that membership.
(6)
In the event that the association established to own and maintain
open space and recreational areas, or any successor organization,
shall at any time after the establishment of the cluster development
fail to maintain the open space and recreational areas in reasonable
order and condition in accordance with the approved plan, the Township
may serve written notice upon such association or upon the residents
and owners of the cluster development setting forth the manner in
which the association has failed to maintain the open space and recreational
area in reasonable condition, and the notice shall include a demand
that such deficiencies of maintenance be cured within 35 days and
shall state the date and place of a hearing which shall be held within
15 days of the notice. At such hearing, the Township may modify the
terms of the original notice as to the deficiencies and may give an
extension of time (up to 65 days) within which they shall be cured.
(a)
If the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within 35 days or any extension thereof,
the Municipality, in order to preserve the taxable values of the properties
within the cluster development and to prevent the open space and recreational
area from becoming a public nuisance, may enter upon the open space
and recreational area and maintain the same for a period of one year.
Entry and maintenance shall not vest in the public any rights to use
the open space and recreational area except when the same is voluntarily
dedicated to the public by the residents and owners.
(b)
Before expiration of one year, the Township shall, upon its initiative
or upon the request of the association responsible for the maintenance
of the open space and recreational area, call a public hearing upon
15 days' written notice to the association, or to the residents and
owners of the cluster development project, to be held by the Township
Committee, at which hearing the association or the residents and owners
of the cluster development project shall show cause why such maintenance
by the Township shall not, at the election of the Township, continue
for a succeeding year. If the Township Committee shall determine such
association is ready and able to maintain the open space and recreational
area in a reasonable condition, the Township shall cease to maintain
the open space and recreational area at the end of the year. If the
Township shall determine such an organization is not ready and able
to maintain the open space and recreational area in a reasonable condition,
the Township may, in its discretion, continue to maintain the open
space and recreational area during the next succeeding year, subject
to a similar hearing and determination each year thereafter. The decision
of the Township Committee in any such case shall constitute a final
administrative decision subject to additional review.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
The cost of such maintenance by the Township shall be assessed ratably
against the properties within the cluster development project that
have a right of enjoyment of the open space and recreational areas
and shall become a tax lien on said properties. The Township, at the
time of entering upon the open space and recreational areas for the
purpose of maintenance, shall file notice of such lien in the office
of the County Clerk upon the properties affected by the lien within
the cluster development project.
The following regulations, in addition to all applicable subdivision
and site plan review requirements, shall apply to permitted planned
unit developments:
A.
Goals and objectives.
(1)
In order that the public health, safety, and general welfare be promoted
in an era of increasing urbanization and of growing demand for housing
of all types and design; to provide for necessary commercial and educational
facilities conveniently located to such housing; to provide for well-located,
clean, safe, pleasant industrial sites involving a minimum of strain
on transportation facilities; to encourage the planning of new towns;
to encourage innovations in residential, commercial and industrial
development and renewal so that the growing demands of the population
may be met by greater variety in type, design and layout of buildings,
and by the conservation and more efficient use of open space adjacent
to said buildings; so that greater opportunities for better housing
and recreation, shops and industrial plants conveniently located to
each other may extend to citizens and residents of this Township;
in order to encourage a more efficient use of land and of public services,
or private services in lieu thereof; to reflect changes in the technology
of land development so that resulting economies may accrue to the
benefit of those who need homes; to lessen the burden of the traffic
on streets and highways; to encourage the building of new towns incorporating
the best features of modern design; to conserve the value of the land,
and, in aid of these purposes, to establish a procedure which can
relate the type, design and layout of residential, commercial and
industrial development to the particular site and the particular demand
for housing and other facilities at the time of development in a manner
consistent with the preservation of property values within the established
residential areas; and to ensure that the increased flexibility of
substantive regulations over land development authorized herein is
subject to such administrative standards and procedures as shall encourage
the disposition of proposals for land development without undue delay,
while still protecting the financial stability and overall long-range
planning proposals and objectives of the community, regulations governing
the establishment of planned unit developments are herewith enacted
according to the authority granted by N.J.S.A. 40:55D-1 et seq.
(2)
Objectives of this section include the following: The Township Committee
desires to take advantage of modern design, construction and planning
methods as will advance and promote the sound growth and general welfare
of the Township; strengthen and sustain its economic potentials; provide
safe, efficient, economic municipal services; and establish appropriate
patterns for the distribution of population, commerce and industry
in a variety of accommodations which are free and compatible with
modern day life, compatible with the protection and enhancement of
the Township's natural resources, and in harmony with the development's
surroundings, both within and without the Township; provide for a
variety of service activities, school sites, parks, playgrounds, recreation
areas, parking and open space in orderly relationship to each other
and in general conformity to any established overall development plan
or Official Map.
(3)
Standards and procedures. In order to effectuate the foregoing and
to locate such planned unit developments as a single cohesive entity
upon the most suitable land in view of the expanding population of
the community; in order to ensure that sound planning goals are met
for the potential use of the land and to prevent piecemeal and disorderly
developments of large tracts of ground within the Township; and to
permit the establishment of logical neighborhoods, criteria, procedures
and standards for the establishment of planned unit developments are
included herein.
B.
Authorities designated.
(1)
The municipal authority designated to act in connection with the
review and approval of planned unit developments shall be the Township
Planning and Zoning Board.
(2)
The person designated under this section to receive plans in connection
with planned unit developments shall be the Secretary of the Township
Planning and Zoning Board.
C.
Planned unit development minimum area. Planned unit developments
(PUDs) are permitted only in the planned unit development zone. No
PUD shall be less than 500 adjacent acres. Public roads shall not
divide acreage for this purpose. However, any portion of the PUD separated
by a public road shall be adjacent to both sides of the road for a
distance of at least 1,000 feet.
D.
Use regulations. The following use regulations shall apply in any
planned unit development.
(1)
All public and private institutional uses permitted by right or special
permit in any zoning district and the structures and accessory features
attached are permitted in a planned unit development.
(2)
Residential uses are permitted in planned unit developments subject
to the conditions and standards set forth herein. This shall include
and be limited to detached, semidetached, attached, multifamily and
three-story dwelling structures and uses.
(3)
All industrial and commercial uses permitted in the Planned Business
- Light Industry and Industrial Zoning Districts are permitted in
a planned unit development, provided it can be reasonably demonstrated
that commercial uses are designed and intended primarily to serve
the needs of the planned unit development (and are situated in appropriate
relation to the location and concentration of dwelling facilities
served thereby). Industrial and commercial uses shall, in combination,
occupy not less than 15% of the area of the planned unit development
and shall be subject to the controls herein contained governing industrial
and/or commercial development. The following criteria determine how
the commercial/industrial land must be developed:
(a)
Before applying required development percentages, no more than
10% of the total industrial acreage may be deducted for access roads.
(b)
Of the net commercial-industrial acreage remaining, retail commercial
and/or offices shall have a minimum coverage of 10,000 square feet
of building floor space per acre.
(c)
The remainder of the commercial-industrial land must be developed
for permitted industrial and/or offices at a minimum coverage of 5,000
square feet of building floor area per acre.
(d)
No commercial or industrial site may have more than 85% site
coverage (buildings and paving).
(e)
All commercial and industrial land must be improved (street and utilities), developed (buildings constructed) and landscaped according to the Maximum-Minimum Staging Chart included in Subsection E of this section.
(f)
At least 32% of the gross acreage of the planned unit development
shall be set aside for open spaces. Streets, necessary driveways and
off-street parking, and narrow turf or landscaped buffer areas normally
associated with any of the dwelling units or clusters shall not be
computed as part of the required open space. Not less than 50% of
the total acreage of open space shall be usable, developable ground
for the purpose of school sites, parks or other public purposes required
to serve the population living in the planned unit development and
acceptable to the Planning and Zoning Board. Unless permitted by the
Planning and Zoning Board, the following types of land shall not be
calculated into the usable open space percentages: flood hazard areas,
bodies of water and/or retention basins, marshes, swamps, poorly drained
areas, excessive sloped areas, other unstable or unsuitable soil areas
and high volume, natural drainageways. If more than 50% of the open
space land is deemed unusable by the Planning and Zoning Board, acreage
of usable open space equal to not less than 17 1/2% of the gross
acreage of the PUD must be provided in the proposal. The Township,
with advice of the Board of Education, may, at any time and from time
to time, accept the dedication of land or any interest therein for
public use and maintenance. In the case of planned unit developments
providing a school site or sites, the Board of Education may identify
a 10 acre portion of the site or sites where the building, parking
and other constructed facilities will be located. The developer will
be required, after consultation with the school board, to develop
the remainder of the site as part of the PUD. In cases where common
land and facilities are to be assigned to an ownership association,
they must be unencumbered by mortgage or other debt.
E.
Timing of development. The implementation of a planned unit development
shall be in sections or stages, said sections or stages to be comprised
of the various permitted and required land uses in accordance with
the following chart:
|
Maximum — Minimum Staging Chart
| ||||||
|---|---|---|---|---|---|---|
|
Percentages Show Required and/or Allowable Proportions in Each
Stage
| ||||||
|
Total Project Time in Years
| ||||||
|
Use Categories
|
1st Fifth
|
2nd Fifth
|
3rd Fifth
|
4th Fifth
|
Last Fifth
| |
|
Open space development
|
10% Min.
|
30% Min.
|
60% Min.
|
90% Min.
|
100% Min.
| |
|
Residential
| ||||||
|
Single-family
|
40% Max.
|
60% Max.
|
80% Max.
|
100% Max.
| ||
|
Townhouse
|
10% Max.
|
20% Max.
|
40% Max.
|
70% Max.
|
100% Max.
| |
|
Apartment
|
10% Max.
|
20% Max.
|
40% Max.
|
70% Max.
|
100% Max.
| |
|
Commercial
|
10% Min.
|
30% Min.
|
70% Min.
|
100% Min.
| ||
|
Office industrial
|
10% Min.
|
30% Min.
|
70% Min.
|
100% Min.
| ||
F.
General development standards and requirements.
(1)
Land dispositions.
(a)
Every structure or group of structures and uses, including those
of an institutional, charitable or public nature, and every designed
plot area or cluster unit having services, facilities or utilities
in common private usage and in common ownership or control by its
occupants, or which functions as an independent corporate property
owner or agent of management, shall be located upon and within a lot
or plot of land, which shall be fully dimensioned and designated as
representing the area of responsibility and extent of such individual
or group ownership or management as may be established by ownership
in full or partial fee or for lease under deed covenant, lease contract
or such other conditions of usage or occupancy legally established
and recorded therefor; and a description or plan of each such lot
or plot shall be filed separately or as part of the descriptive maps
of a planned unit development district with the Township Tax Assessor.
(b)
The landowner shall provide for and establish an organization
for the ownership and maintenance of any common open space not deeded
to the Township or other public agency, and such organization shall
not be dissolved nor shall it dispose of any common open space, by
sale or otherwise (except to an organization conceived and established
to own and maintain the common open space), without first offering
to dedicate the same to the Municipality or other appropriate government
agency.
(c)
In the event that the organization established to own and maintain
the common open space, or any successor thereto, shall at any time
after establishment of the planned unit development fail to maintain
the common open space in reasonable order and condition in accordance
with the plan, the Municipality, through its appropriate agencies
and departments, may take steps to maintain the common open space
in reasonable condition in accordance with the provisions of N.J.S.A.
40:55D-43.
(2)
Street widths. The right-of-way and pavement widths as well as construction
requirements for all collector and service streets and roads within
the PUD shall conform to current municipal design and construction
standards and requirements contained in this chapter and, if applicable,
county Official Map requirements.
(3)
Setbacks.
(a)
A minimum setback distance of 50 feet shall be provided from
the proposed right-of-way line along any road shown on the Comprehensive
Plan or Official Map of the Township of Fairfield, County of Cumberland,
or from the existing right-of-way line of any other state, county
or municipal road. Within the planned unit development, front yard
setbacks shall be at least 30 feet from collector and minor streets.
(b)
All boundary lines of any planned unit development district,
except where they coincide with the right-of-way lines of a federal,
state or county road, planned major Township thoroughfare, public
utility right-of-way or public park, shall be subject to the same
zoning provisions which regulate the side yards, rear yards, screen
planting buffer areas and such protective or transitional features
as apply to all uses which are permitted on the private properties
which adjoin such planned unit development district boundary lines.
(4)
Utilities and services. The developer shall furnish public water
and sewage facilities based upon a written agreement with the Township
Committee after a joint conference with the Planning and Zoning Board.
The developer shall provide all necessary storm drainage, highway
access, paved service streets and walkways (making reasonable provision
for service connections with adjoining properties within or without
the Township) and off-street lighting facilities in accordance with
prevailing Township design and construction standards as set forth
in this chapter. Such facilities shall be subject to regular normal
inspections by the Township Engineer and adequate performance guarantees
posted according to standards and requirements contained in this chapter.
(5)
Aesthetic and safety amenities.
(a)
Careful attention shall be given to the quality of design of
all buildings, land uses, street accessories (such as streetlighting,
outdoor equipment and signs). The Planning and Zoning Board, in its
action resolution, shall comment upon the design of residential and
nonresidential land uses and buildings; community facilities; general
landscaping and the design of street and park accessories. The nature,
size, shape, lighting and style of all outdoor signs must be found
to be in good taste and in harmony with the objectives of this section.
(b)
To improve the quality of the environment and to reduce the
possibility of danger and inconvenience during adverse weather conditions,
all electrical and telephone transmission lines shall be installed
underground.
(c)
Schools shall be located away from main traffic arteries or
other safety hazards, distractions or nuisances. They shall be related
conveniently to housing areas and pedestrian ways and be so located
that they will form a part of a community center.
(d)
Such nonresidential uses as shopping and industrial areas, recreational
facilities, refuse stations and the like shall be conveniently related
to residential areas but shall be provided with adequate screening,
service access, fencing and/or other protective devices to enhance
the aesthetic quality of the area and ensure the appropriate use and
enjoyment of all residential facilities.
(e)
Adequate lighting must be provided to the outdoor areas used
by occupants after dark. Appropriate lighting fixtures must be provided
for walkways and to identify steps, ramps, directional changes and
signs. Lighting shall be located so as to avoid shining directly into
the windows of residential units or into private outdoor open space
which is associated with such units.
(6)
Parking and loading facilities. Adequate off-street parking and loading facilities, either open air or indoor, shall be provided in connection with all new construction for the creation of new uses. Such facilities shall be furnished with necessary passageways and driveways providing efficient access to the nearest public street. Parking and loading facilities shall conform to § 400-19 and the number of parking spaces shall conform to § 450-7 of Chapter 450, Zoning.
(7)
Signs.
(a)
A detailed description of all signs or types of signs to be
constructed or permitted within the development shall be made as a
part of the application. The approval authority may require that detailed
deed restrictions, designed to adequately regulate the location, size,
materials and construction of signs throughout the planned unit development,
shall be prepared for filing prior to final approval of the planned
unit development or any stage thereof. Existing municipal sign regulations
may be used by the Planning and Zoning Board as a guide in determining
the adequacy of proposed deed restrictions dealing with signs. No
signs shall be lighted with flashing light and any light or reflecting
light used in connection with a sign shall not be so located or directed
that it may be taken for a traffic signal or warning device or shine
directly into adjoining residentially used buildings or private outdoor
areas or interfere with vehicular traffic. All signs, including traffic
directional signs, shall be located on the same property with the
use to which they are related. No stationary or portable billboards
or other off-site sign devices shall be permitted. No freestanding
signs other than those specifically approved by the Planning and Zoning
Board shall be permitted.
(b)
In reviewing the sign construction and regulation proposals
included in the application, the Planning and Zoning Board shall consider
appropriateness of design and the degree to which they are related
to the architectural style of proposed buildings as well as the degree
to which such furnishings enhance the visual environment of natural
open space and public ways.
(8)
Street configuration and numbering.
(a)
The configuration of collector street patterns shall provide
ready access between parts or sections of the PUD and from external
locations. Circuitous routes to specific locations shall be avoided.
Any dead-end streets should not exceed 500 feet in length and have
turnarounds adequate to accommodate required fire-protection vehicles.
(b)
A street naming and numbering plan to facilitate identification
of specific properties by street and number shall be submitted to
the Planning and Zoning Board for review and approval after tentative
approval of an application has been granted but before any applications
for final approval can be submitted.
G.
Residential requirements.
(1)
Dwelling unit standards.
(a)
The overall population density of the planned unit development
shall not exceed an average gross density of four dwelling units per
acre. On application, the Planning and Zoning Board may permit an
overall density of five dwelling units to the gross acre, provided
that the applicant adequately displays creative approaches to housing
design. The gross residential area of the PUD shall be determined
by subtracting the proposed industrial-commercial and open space acreages
from the total gross acreage of the project. Ten percent of the gross
residential acreage shall then be calculated and set aside for roadways.
The remaining residential acreage may be developed as follows: not
less than 43% of the remaining land area shall be devoted to single-family,
detached dwellings at a density no greater than three dwelling units
per net acre (or up to five dwelling units per net acre in an approved,
innovative proposal); and the remainder of the site devoted to three-story
garden apartments at a density no greater than 12 dwelling units per
net acre (or three-story apartments at 15 dwelling units per acre
in an approved, innovative proposal).
(b)
All apartment and townhouse structures shall have fire walls
extending from basement to roof. No apartment or townhouse structures
shall be erected to a height in excess of three stories including
gable or hipped roof.
(c)
Each one-story single-family detached dwelling shall contain
a minimum ground floor area of 1,100 square feet. Each split-level-type
single-family detached dwelling (or single-family detached dwelling
having more than one story) shall contain a minimum living area of
1,500 square feet. Each townhouse unit shall contain a minimum usable
dwelling space of 1,000 square feet. Each one-bedroom apartment unit
shall contain not less than 700 square feet of usable dwelling space;
each two-bedroom apartment unit shall contain not less than 900 square
feet of usable dwelling space; each three-bedroom apartment unit shall
contain not less than 1,000 square feet.
(d)
Each apartment dwelling unit shall be provided with 600 cubic
feet of storage space, either in conjunction with it or conveniently
accessible in the basement. All apartment dwelling units shall have
central heating and air-conditioning systems with independent controls
for each unit unless otherwise authorized by the Planning and Zoning
Board.
(e)
The applicant must demonstrate that a reasonable range of distribution
in the sizes of dwelling units in each category is being provided,
to assure an economic and lifestyle choice to as many segments of
the population as is feasible.
(2)
Mixed uses. No commercial, industrial, business or professional use
shall be permitted in any apartment or other residential building
unless it is included in the original plans for the planned unit development
and specifically approved by resolution of the Planning and Zoning
Board.
(3)
Development flexibility. In order to accommodate changing requirements
and to encourage flexibility of housing density design in the case
of planned unit developments proposed to be developed by sections
or stages over a period of years, deviations may be authorized from
the density or intensity of use established for the entire planned
unit development. The Planning and Zoning Board may allow for a greater
concentration of dwelling densities or housing types within a section
or sections of the development subsequent to the original approval.
The approval of the Planning and Zoning Board of a greater concentration
or density or intensity of land use for any section to be developed
must be offset by a lower concentration in an already completed section
of comparable size, or there must be an appropriate open space dedication
or grant of open space easement to the Municipality of sufficient
and suitable public open area which will serve to maintain the overall
density of the entire planned unit development at or below five dwelling
units per acre. Such dedication or easement shall be conveyed to the
Municipality prior to final approval of the section on which higher
densities are to be permitted.
H.
Procedures for application and review.
(1)
Preapplication submittal.
(a)
In order to improve the degree of coordination with surrounding
developments; to insure that Township planning policies are reflected
in specific planned unit development proposals; to facilitate review
procedures for both the prospective developer and the Planning and
Zoning Board; and to better assure the proper location and accessibility
of public facilities and services, any prospective planned unit development
developer shall submit preliminary maps setting forth physical site
characteristics prior to formal submission for tentative approval.
The preliminary maps shall show and provide information on, but not
limited to, the following:
[1]
Maps of the entire area owned by the developer, including the
location of any areas proposed for planned unit developments.
[2]
Existing and proposed land use maps for the area proposed for
the planned unit development, including proposed commercial, residential,
industrial and open space areas and uses.
[3]
Maps, information and other data sufficient to enable the Planning
and Zoning Board and its professional personnel to evaluate the proposal
in light of the Township's Master Plan, including:
(b)
A period of 95 days shall be allotted for the Planning and Zoning
Board to review and analyze the submitted material, to obtain design
suggestions from the Township's planning, engineering and administrative
personnel and to hold presubmittal conferences with the prospective
developer and/or his representatives.
(2)
Application.
(a)
Applications for a planned unit development shall be made in
quadruplicate on forms provided by the Township Planning and Zoning
Board which shall be considered an application for tentative approval.
The application shall be accompanied by 15 copies of all site plans
and documentations. Prior to the acceptance of an application for
tentative approval of a planned unit development under the terms of
this section, the Planning and Zoning Board shall, within a reasonable
time, assure the adequacy and sufficiency of the application for filing
in accordance with the requirements of this section. Prior to a decision
being rendered by the Planning and Zoning Board concerning the adequacy
of the plans submitted, the Township Engineer and other experts hired
by the Planning and Zoning Board to review the application shall submit
a report to the Planning and Zoning Board, indicating whether the
application, plans and supporting data so submitted sufficiently adhere
to the requirements set forth in this section. An application will
be considered filed for review and the time period will begin when
the application has been accepted by formal action for filing by the
Planning and Zoning Board.
[1]
Such application shall set forth the name of the applicant; address
of the applicant; the location and size of the land proposed to be
developed; the nature of the applicant's interest in the land; the
density of land use to be allocated to various parts of the site;
the density of population to be allocated to various parts of the
site; the location and size of any common open space; the form or
organization proposed to own and maintain privately held, common open
space; the use, approximate height, bulk and location of buildings
or other structures; provisions for the disposition of sanitary waste
and stormwater; the substance of any covenants, grants, easements
or other proposed dedications or restrictions to be imposed upon the
land or the buildings, including easements or grants for public utilities
and other public purposes; provisions for parking; location and width
of proposed streets and ways; modifications from the existing ordinances
governing streets or ways or land use being requested; the projected
schedule for development and the approximate times when final approvals
will be requested; a statement of why the public interest would be
served by the proposed development, such statement to be supported
by a detailed economic, social and physical study, and wherein the
proposed development would meet the objectives of the Municipal Land
Use Law[1] and this section.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Additional documentation that should be supplied by the applicant
should be a slope analysis, a groundwater and soils analysis, a vegetation
analysis indicating the various types of plant materials and any trees
that exceed 12 inches caliper (measured three feet above the ground),
a watershed analysis indicating the increased impact of runoff which
will occur when the project is developed, and an environmental impact
study on the properties surrounding the proposed planned unit development.
(b)
The fee which shall be payable at the time of submission of
the application shall be $5,000, of which $1,000 shall constitute
a nonrefundable filing fee, and the balance of $4,000 shall constitute
the minimum sum payable to defray the costs of professional services
and miscellaneous expenses incurred by the Planning and Zoning Board.
In addition, the Planning and Zoning Board may assess the developer
for any additional costs incurred during the course of review of either
the original submission or any subsequent final or stage submissions
in excess of the minimum sum of $4,000.
(c)
One copy of the application, together with a set of site plans,
shall be forwarded to the following: the Office of Local Planning
Services of the Department of Community Affairs, the Cumberland County
Planning Board, and the clerk of any Municipality within 200 feet
of the boundaries of the planned unit development for review and report
concerning the proposed development. Copies of the site plan, together
with the project description, shall also be forwarded to the Township
Committee, the Township Board of Education, the Township Recreation
Board, the Bureau of Fire Prevention, the Salem-Cumberland Soil Conservation
District Office, the Planning and Zoning Board Solicitor, the Planning
and Zoning Board Engineer, the Planning Consultant, and the Planning
and Zoning Board Subdivision Review Committee. Reports from these
committees, organizations and individuals shall be solicited 15 days
prior to the public hearing for the planned unit development.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Public hearing.
(a)
Within 45 days after the filing of a fully documented planned
unit development application, a public hearing on the application
shall be held by the Township Planning and Zoning Board, public notice
of which hearing shall be given in the manner prescribed by N.J.S.A.
40:55D-10 to 40:55D-12 for the hearings on amendments to a zoning
ordinance. The Secretary of the Planning and Zoning Board shall, at
least 10 days prior to the hearing, give written notice thereof by
certified mail to:
[1]
Office of Local Planning Services of the Department of Community
Affairs;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[2]
Commissioner of Transportation, in the event the application
includes lands abutting upon or adjacent to a state highway;
[3]
Cumberland County Planning Board;
[4]
Clerk of an adjoining Municipality in the event the application
includes lands within 200 feet of the adjoining Municipality;
[5]
Fairfield Township Committee; and
[6]
Fairfield Township Board of Education.
(b)
The Chairperson or in his absence the Acting Chairperson of
the Township Planning and Zoning Board may administer oaths and compel
the attendance of witnesses. All testimony of witnesses at any hearing
shall be given under oath and every party of record at the hearing
shall have the right to cross-examine adverse witnesses.
(4)
Record of proceedings. The municipal agency shall provide for the
verbatim recording of the proceedings by either stenographer, mechanical
or electronic means. The municipal agency shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party at his expense, provided that the governing body may provide
by ordinance for the Municipality to assume the expense of any transcripts
necessary for appeal to the governing body pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-17).
(5)
Evidence and testimony.
(a)
At public hearing, the applicant shall present evidence as to:
[1]
The proposed project's general character and substance.
[2]
Objectives and purposes to be served by the development.
[3]
The adequacy and completeness with which the proposed development
complies with all existing standards and requirements.
[4]
The application of design standards to specific details of the
development and the manner in which the various elements of the development
relate to each other and to the whole.
[5]
Scale and scope of the development as it will fit into the overall
Township plan.
[6]
The economic feasibility.
[7]
Time factors and sequential development proposals.
[8]
Adequacy and completeness of improvements, facilities and services
to be provided.
[9]
The proposed use and development of the land as logically and
technically related to the natural characteristics of the land such
as geology, soil type, water table, surface drainage, degree of slope,
vegetation, microclimate, etc.
[10]
An environmental impact statement for the proposed
project, relating to the natural characteristics and amenities of
the site itself and its surrounding area. The impact statement should
address itself in detail to regional topography, surface drainage
patterns (watersheds), floodplains, erosion and sediment control,
methods proposed to accommodate and minimize surface runoff from the
site, vegetation, soil characteristics and utilization, climate and
microclimate, air and water quality, including groundwater protection
and effects on existing wildlife.
[11]
A road and traffic study relating the project
to its surrounding area.
(b)
Factual evidence concerning the above factors, together with
expert opinion concerning them, shall be submitted by the developer
in the form of maps, charts, reports, models and other tangible materials
and in the form of sworn testimony by experts, including attorneys,
architects, engineers, realtors, professional planners and economists,
as will clearly state for the record the full nature and extent of
the proposal.
(6)
Review procedure.
(a)
The Planning and Zoning Board may continue the hearing from
time to time. However, the public hearing with respect to an individual
planned unit development shall be concluded within 45 days after the
date the hearing is first undertaken, unless the developer shall consent,
in writing, to an extension of the time within which the hearing may
be concluded.
(b)
The Planning and Zoning Board is empowered to provide for a
planning staff for consultation and report. If created, it shall comply
with statutory procedures.
(c)
Within 95 days following the acceptance of the application and
based upon the evidence from the public hearing, reports from Township
officers and agencies and reports from proper state and county agencies,
the Planning and Zoning Board shall:
(7)
Action.
(a)
The grant or denial of tentative approval shall be by written
resolution setting forth findings of fact and conclusions as to how
the plan would or would not be in the public interest, including but
not limited to the following:
[1]
In what respects the plan is or is not consistent with the statement
of objectives of a planned unit development.
[2]
In what respects the plan is or is not in general conformity
with the zoning purposes and considerations set forth in N.J.S.A.
40:55D-65 and any master plan adopted pursuant to N.J.S.A. 40:55D-28.
[3]
The extent to which the plan departs from zoning and subdivision
regulations otherwise applicable to the subject property, including
but not limited to density, bulk and use, and the reasons why such
departures are or are not deemed to be in the public interest.
[4]
The purpose, location and amount of public or common open space
in the planned unit development, the reliability of the proposals
for maintenance and conservation of the common open space, and the
adequacy or inadequacy of the amount of open space as related to proposed
densities and type of development.
[5]
The physical design of the plan and the manner in which said
design does or does not make adequate provision for public services,
provide adequate control over vehicular traffic, and further the amenities
of light and air, recreation and visual enjoyment.
[6]
The relationship, beneficial or adverse, of the proposed planned
unit development to the neighborhood in which it is proposed to be
established.
[7]
In the case of a plan which proposes development for a period
of years, the sufficiency of the terms and conditions intended to
protect the interests of the public and the residents and owners of
the planned unit development in the integrity of the plan.
(b)
In the event tentative approval is granted, other than by lapse
of time as provided by law, either the plan as submitted or the plan
as altered by conditions and changes required by the Planning and
Zoning Board shall be specified as a part of the tentative approval
resolution. Such resolution shall also designate the form of performance
bond that shall accompany an application for final approval. In the
event tentative approval is granted subject to conditions, then the
developer shall, within 45 days after receiving a copy of the written
resolution of the Planning and Zoning Board, notify the Planning and
Zoning Board of his acceptance of or his refusal to accept all such
conditions.
(c)
In the event the developer refuses to accept all said conditions,
the Planning and Zoning Board shall be deemed to have denied tentative
approval of the plan.
(d)
In the event that the developer does not, within this period,
notify the Planning and Zoning Board of his acceptance or his refusal
to accept all the conditions, tentative approval of the plan, with
all said conditions, shall stand as granted. Nothing contained herein
shall prevent the Planning and Zoning Board and the developer from
mutually agreeing to a change in such conditions, and the Planning
and Zoning Board may, at the request of the developer, extend the
time during which the developer shall notify the Planning and Zoning
Board of his acceptance or refusal to accept the conditions.
(e)
In the event the plan is granted tentative approval, with or
without conditions, the Planning and Zoning Board shall set forth
in the written resolution the time within which an application for
final approval of the plan shall be filed or, in the case of a plan
which provides for development over a period of years, the periods
of time within which applications for final approval of each part
thereof shall be filed. The time so established between grant of tentative
approval and an application for final approval shall not be less than
three months, and, in the case of planned unit developments staged
over a period of years, the time between applications for final approval
of each part of a plan shall be not less than six months, provided
nothing herein contained shall be construed to limit a developer from
the presentation of any application for final approval earlier than
the time periods hereinabove set forth.
(8)
Stage development. As a condition to tentative approval of the planned unit development plan, the Planning and Zoning Board may permit the implementation of the plan in whole or in sections or in stages consisting of one or more sections or stages, under the sequence of actions determined as a part of the planned unit development district plan. In addition to complying with the requirements of Subsection E of this section, such sections or stages shall be:
(a)
Functionally self-contained and self-sustaining with regard
to access, parking, utilities, open spaces and similar physical features,
and shall be capable of substantial occupancy, operation and maintenance
upon completion of construction and development.
(b)
Properly related to other services of the community as a whole
and to those facilities and services yet to be provided in the full
execution and implementation of the planned unit development district.
(c)
Provided with such temporary or permanent transitional features,
buffers or protective areas as the Planning and Zoning Board may require
under conditions of ownership and maintenance as will prevent damage
or detriment to any completed section or stage, to other sections
or stages and to adjoining properties not in the planned unit development
district.
(9)
Plan details.
(a)
Plans and specifications of such sections or stages are to be
filed with the Planning and Zoning Board and are to be of sufficient
detail and at such scale as to fully demonstrate the following:
[1]
The arrangement and site locations of all structures, primary
and accessory land uses, parking, landscaping, public and private
utilities and service facilities and landownership conditions.
[2]
Estimates of the economic base of the section or stage in its
one or more sections or stages as supported by such evidence as the
estimated costs and market values of structures and land improvements.
[3]
Increases of taxable values; costs of maintenance and services
to be borne by public and private agencies; potential rental scales;
costs of utility installations; etc.
[4]
Estimates of its social characteristics, such as the size and
composition of future population in terms of probable family sizes
that will occupy the several dwelling unit types; their need for public
services and protection, for recreation facilities and for commercial
and professional services; anticipated rental scales; etc.
[5]
Such further evidence as shall demonstrate conformity to and
support of the principles and objectives of the Township Master Plan
and the enhancement of the living standards of the community in conformity
with the balance of residential, commercial, industrial and public
land utilization and the economic base as established in the planned
unit development district plan.
(b)
Upon substantial completion of any section or stage for which
performance bonds, covenants or similar instruments to insure completion
have been filed, and before proceeding with the review and approval
of additional sections or stages, the Planning and Zoning Board may
require a report and review of the status character and conditions
of it and other previously completed sections or stages with regard
to their compliance with the plans, specifications and estimates which
formed the basis for their approval. Upon finding that such compliance
has occurred, the Board shall initiate proceedings for the review
of the new section or stage.
(c)
Upon finding that the plans and specifications for the proposed
development of the section or stage conform to the above conditions,
the Planning and Zoning Board shall so inform the administrative officers
charged with the issuance of permits for the construction of utilities
and service facilities, and upon presentation of requisite working
drawings and specifications, such permits may be issued.
(10)
Tentative approval.
(a)
Within 10 working days after the adoption of the written resolution,
the plan shall be certified by the Township Clerk and shall be filed
in his office, and a certified copy shall be mailed to the developer.
Where tentative approval of a planned unit development has been granted,
it shall be so noted on the Zoning Map maintained in the office of
the Township Clerk.
(b)
Tentative approval of a plan shall not qualify a plat of the
planned unit development for recording nor authorize development or
the issuance of any building permits. A plan which has been given
tentative approval, as submitted, or which has been given tentative
approval with conditions which have been accepted by the developer
(and provided that the developer has not defaulted or violated any
of the conditions of the tentative approval) shall not be modified,
revoked or otherwise impaired by action of the Municipality pending
an application or applications for final approval, without the consent
of the developer, provided an application for final approval is filed
within the period or periods of time specified in the resolution of
the Planning and Zoning Board granting tentative approval.
(c)
In the event that a plan is given tentative approval and thereafter,
but prior to final approval, the developer shall elect to abandon
part or all of the plan and so notify the Planning and Zoning Board,
in writing, or in the event the developer shall fail to file application
for final approval within the required period or periods of time,
as the case may be, the tentative approval shall be deemed to be revoked
and all that portion of the area included in the plan for which final
approval has not been given shall be subject to those local ordinances
applicable thereto as they exist at the time of such revocation and
as they may be amended from time to time, and the same shall be noted
on the Zoning Map in the office of the Township Clerk and the records
of the Township Clerk.
(11)
Application for final approval.
(a)
An application for final approval may be for all the land included
in the planned unit development plan or, to the extent set forth in
the tentative approval, for a section or stage thereof. This application
shall be made to the Secretary of the Planning and Zoning Board and
within the time or times specified by the resolution granting tentative
approval. Application shall be made concurrently to the Cumberland
County Planning Board.
(b)
The application shall include such drawings, specifications,
covenants, easements, conditions and form of performance bond as were
set forth by written resolution of the Planning and Zoning Board at
the time of tentative approval. A public hearing on an application
for final approval of the plan or any part shall not be required,
provided the plan or the part submitted for final approval is in substantial
compliance with the plan given tentative approval and conditions set
forth in the tentative approval resolution.
(c)
A plan submitted for final approval shall be deemed to be in
substantial compliance with the plan previously given tentative approval
if any modification by the developer of the plan that is tentatively
approved does not vary the proposed residential density or intensity
of use by more than 5%; involve a reduction of the area set aside
for common open space nor the substantial relocation of such area;
increase by more than 10% the floor area proposed for nonresidential
use; or increase by more than 5% the total ground area covered by
buildings or involve a substantial change of height of buildings.
Changes or modifications in the location and design of streets or
facilities for water and for disposal of stormwater and sanitary sewage
shall not require a public hearing. In all cases, however, the burden
shall be upon the developer to show the Planning and Zoning Board
good cause for the variation between the plan as tentatively approved
and the plan as submitted for final approval.
(12)
Final action. After the application has been filed, together
with all drawings, specifications and other documents required in
support thereof, the Planning and Zoning Board, within 45 days of
such filing, shall grant such plan final approval; provided, however,
that in the event the plan, as submitted, contains variations from
the plan given tentative approval but remains in substantial compliance
therewith, the Planning and Zoning Board may, after a meeting with
the developer, refuse to grant final approval and shall, within 45
days from the filing of the application for final approval, so advise
the developer, in writing, of said refusal, setting forth in the notice
the reasons why one or more of the variations are not in the public
interest. In the event of such refusal, the developer may:
(a)
File his application for final approval without the variations
objected to by the Planning and Zoning Board on or before the last
day of the time within which he was authorized by the resolution granting
tentative approval to file for final approval, or within 30 days from
the date he received notice of said refusal, whichever date shall
last occur; or
(b)
Treat the refusal as a denial of final approval and so notify
the Planning and Zoning Board.
(13)
Filing and approval tenure.
(a)
A plan, or any part thereof, which has been given final approval
by the Planning and Zoning Board shall be so certified without delay
by the Township Clerk and shall be filed for record forthwith in the
office of the County Clerk within 95 days. No development shall take
place before the Township is notified by the County Recording Officer
that the plats are filed. Upon the filing for record of the plan,
all other ordinances and subdivision regulations otherwise applicable
to the land included in the plans shall cease to apply. Pending completion
within five years of the planned unit development, or of that part
thereof, as the case may be, that has been finally approved, no modification
of the provisions of said plan or part thereof, as finally approved,
shall be made nor shall said plan be impaired in any way except with
the consent of the developer.
(b)
The final plan, as approved, shall be incorporated into the
Township Master Plan and the Township Clerk and the Construction Code
Official shall be advised to issue the necessary permits in accordance
therewith.
(c)
In the event that a planned unit development plan, or a section
thereof, is given final approval and thereafter the developer shall
abandon said plan, or the section thereof that has been finally approved,
and shall notify the Planning and Zoning Board, in writing, or in
the event the developer shall fail to commence the planned unit development
or approved section within 18 months, or to satisfactorily complete
said planned unit or approved section within six years after final
approval has been granted, then, and in that event, such final approval
shall terminate and be deemed null and void unless such time period
is extended by the Planning and Zoning Board upon written application
by the developer, and any performance guarantee shall be forfeited
at the pleasure of the Planning and Zoning Board.
(14)
Petition for review. Following approval of the development plan,
the issuance of permits and substantial progress and completion of
25% of the controlled density units, measured as a percentage of the
acreage or anticipated population, whichever shall be greater, the
developer may petition for review in detail of the previously approved
plans or units awaiting development or completion. Reasons for the
petition may be based upon considerations such as changing social
or economic conditions, potential improvements in layout or design
features, unforeseen difficulties or advantages mutually affecting
the interests of the Township and the developer, such as technical
causes, site conditions, state or federal regulations, programs or
installations or statutory revisions. The Planning and Zoning Board,
upon finding such reasons and petition to be reasonable and valid,
may consider the redesign in whole or in part of any planned unit
development district and shall follow in full the procedure and conditions
herein required for original submittal and review.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
Any application
to the Planning and Zoning Board of the Township for subdivision or
site plan approval for the construction of multifamily dwellings of
three or more units, single-family developments of 50 or more units
or any commercial, institutional, or industrial development for the
utilization of 1,000 square feet or more of land must include a recycling
plan. This plan must contain, at a minimum, the following: a detailed
analysis of the expected composition and amounts of solid waste and
recyclables generated at the proposed development and locations documented
on the application's site plan that provide for convenient recycling
opportunities for all owners, tenants, and occupants. The recycling
area shall be of sufficient size, convenient location and contain
other attributes (signage, lighting, fencing, etc.) as may be determined
by the Municipal Recycling Coordinator.
B.
Prior
to the issuance of a certificate of occupancy by the Township, the
owner of any new multifamily housing or commercial, institutional,
or industrial development must supply a copy of a duly executed contract
with a hauling company for the purposes of collection and recycling
of source-separated recyclable materials, in those instances where
the Township does not otherwise provide this service.
C.
Provision
shall be made for the indoor, or enclosed outdoor, storage and pickup
of solid waste, to be approved by the Township Engineer.
