Township of Roxbury, NJ
Morris County
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Table of Contents
Table of Contents
Any applicant wishing to develop land within the Township of Roxbury shall apply for and obtain the approval of the Planning Board or the Zoning Board of Adjustment (if applicable) in accordance with the following procedure.
A. 
All subdivisions as defined under Article I are subject to the review procedures specified herein.
B. 
No building permit shall be issued for any new construction or parking lot or for an addition to an existing structure or parking lot and no Certificate of Occupancy shall be issued for any change of use, occupancy, tenancy, or ownership for an existing structure until the site plan has been reviewed and approved by the approving Board except that:
1. 
The building permit or Certificate of Occupancy for a single family detached dwelling unit or a two family dwelling unit shall not require such an approval, provided that the use of an existing or proposed principal or accessory building, or any portion thereof, for "Home Office" defined and permitted as an accessory use in this Ordinance shall require a zoning permit prior to the issuance of a construction permit or Certificate of Occupancy; and provided further that the use of any existing or proposed principal or accessory building, or any portion thereof, for a Home Business in accordance with the conditional use provisions of subsection 13-7.3501 of this Ordinance shall require site plan approval prior to the issuance of a construction permit or Certificate of Occupancy. The foregoing shall in no way effect the responsibility of the applicant to submit the necessary information and receive all necessary approvals as may be required pursuant to other Ordinances.
2. 
The Zoning Officer and/or Township Planner may waive the requirement of a site plan for a change of use, occupancy, tenancy, or ownership involving a change from one permitted nonresidential use to another permitted use within the same category of nonresidential uses, subject to the following criteria and procedures:
(a) 
The existing site development meets the requirements of Article VII of this Ordinance, or that any pre-existing nonconformity is not increased.
(b) 
The new use, occupancy, tenancy, or ownership does not require an increase of more than three (3) in the number of required parking spaces.
(c) 
There is no intensification of use or other changes which reasonably require site plan review.
(d) 
The Zoning Officer and/or Township Planner may request advice from the Planning Board Attorney regarding the above with a reasonable fee to be charged to the applicant to cover the costs of said review by the Planning Board Attorney. The applicant may elect to file for site plan or subdivision approval simultaneously with the above review process. The site plan or subdivision shall be prepared in accordance with the requirements stipulated in this Ordinance.
(e) 
If the Zoning Officer and/or Township Planner determines that the foregoing criteria are satisfied, he/she may issue a change of use permit in lieu of site plan approval.
C. 
Variance. All applications for variance not related to any site plan subdivision or conditional use approval shall be made to the Zoning Board of Adjustment and shall be filed at least three (3) weeks prior to the date of the hearing. The filing shall be in accordance with the checklists adopted in this Ordinance and the applicant shall provide the fees in accordance with this Ordinance provision. The Zoning Board of Adjustment shall act upon the application as required by law.
For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the developer may request a pre-application conference and/or concept plan in accordance with the following requirements:
A. 
Pre-application Conference.
1. 
At the request of the applicant, the Planning Board shall authorize a pre- application conference. The purpose of this conference is to:
(a) 
Acquaint the applicant with the substantive and procedural requirements of the subdivision and site plan ordinance.
(b) 
Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, zoning ordinance and other development requirements.
(c) 
Advise the applicant of any public sources of information that may aid the application.
(d) 
Otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development.
(e) 
Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences.
(f) 
Permit input into the general design of the project.
2. 
The pre-application conference allows the applicant to meet with appropriate municipal representatives. These individuals may include:
(a) 
Municipal Engineer.
(b) 
Municipal Planner.
(c) 
Municipal Construction Officer and Zoning Officer.
(d) 
Representative(s) from the Planning Board and the Board of Adjustment.
(e) 
Representative(s) from Municipal Environmental, Historic Preservation, and other commissions, as deemed appropriate.
(f) 
Subdivision and Site Plan Committee or representative(s) if this committee is established.
(g) 
Any other municipal representative(s) invited by the Planning Board Chairperson.
3. 
Applicants seeking a pre-application conference shall submit the information stipulated in Article VI of this Ordinance fourteen (14) days prior to the pre-application conference, unless waived by the Municipal Planner.
4. 
The applicant shall not be bound by the determination of the pre- application conference nor shall the approving Board or subdivision and site plan committee be bound by any such review.
5. 
An applicant seeking a pre-application conference shall pay such fees and deposit funds to escrow for use by the Township as required by Section 13-2.4, Fees. Any unused fee will be credited towards fees for review of the application for development.
B. 
Concept Plan.
1. 
In addition or as an alternative to the pre-application conference, at the request of the applicant, the Planning Board shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development. The purpose of the concept plan is to provide Planning Board input in the formative stages of subdivision and site plan design.
2. 
Applicants seeking concept plan informal review shall submit the items stipulated in Article VI of this Ordinance 14 days before the concept plan meeting. These items provide the applicant and Planning Board with an opportunity to discuss the development proposal in its formative stages.
3. 
An applicant seeking a concept plan review shall pay such fees and deposit funds to escrow for use by the Township as required by Section 13-2.4, Fees. Where an applicant for concept plan review has paid the fee for pre-application conference, no additional fee is necessary. The amount of any used fees for concept plan review shall be a credit towards fees for review of the application for development.
4. 
The applicant shall not be bound by any concept plan for which review is requested, nor shall the approving Board be bound by any such review. Public notice of the concept plan meeting pursuant to N.J.S.A. 40:55D-12 shall not be required.
Township Planner may review subdivision plats or site plans and recommend classification to the approving Board as a minor or major subdivision or minor or major site plan and take such other actions as may be deemed appropriate. The approving Board shall classify all applications for subdivisions or site plans.
The applicant shall submit eighteen (18) copies of the application together with eighteen (18) legible prints containing all information required by the checklist, with all appropriate fees, at least three (3) weeks before the date of the regular meeting of the approving Board at which the application is to be considered.
The secretary of the approving Board shall forward copies of the application, or relevant portions thereof, to the following officials for review and comment, where appropriate:
A. 
Township Engineer.
B. 
Township Planner.
C. 
Morris County Planning Board.
D. 
Zoning Officer.
E. 
Tax Assessor.
F. 
Approving Board Consultants.
G. 
Approving Board Attorney.
H. 
Environmental Commission.
I. 
Historic Advisory Committee.
J. 
Soil Conservation District.
In appropriate cases, the approving Board shall have the authority to approve a minor subdivision without the necessity of any specific referrals. The approving Board shall also have the authority to refer any plat to other agencies or individuals for comment or recommendations.
An application for development in the form that the applicant intends to be a complete application, together with all required fees and deposit for escrow, shall be provided to the Secretary of the approving Board by the applicant in a single submission. All items on the checklist of requirements shall be submitted with the application unless the applicant submits a written request seeking waiver of the omitted checklist requirements with reasons supporting the proposed completeness waiver. Upon submission of the application for development, the application shall be administratively reviewed and recommendations provided to the approving Board by the Municipal Planner or his designee describing the status of completeness of the application. If the Municipal Planner deems the submission to be insufficient to perform his/her administrative review, he/she may require that the applicant resubmit or supplement its application documents. Upon submission of an application deemed by the Municipal Planner to be administratively sufficient, the application shall be filed and assigned a docket number by the Secretary and scheduled for a public hearing to determine completeness within forty-five (45) days of filing. Requests for completeness waivers shall be considered at the time of the completeness hearing.
At the completeness hearing, the approving Board shall determine whether the application is complete or incomplete in accordance with the requirements of the checklist and after consideration of any written requests that any one or more of the checklist requirements be waived. If the approving Board shall determine that the application is incomplete, the secretary shall advise the applicant or its attorney, in writing, of the reasons why the application is incomplete within forty-five (45) days of the filing of the application for development. In the event that the approving Board does not certify the application to be incomplete or complete within forty-five (45) days of the date of filing of an application for development, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period for approval or denial of the application pursuant to this Ordinance.
In the event that the approving Board determines that the application is incomplete, the applicant shall not have to pay a new application fee as long as the incomplete items are submitted within sixty (60) days of the determination of incompleteness. Otherwise, the application process shall begin as in a new filing. Where the Board has determined the application is incomplete, an applicant wishing to make supplemental submissions to the original application within the sixty (60) day time period allowed shall make such supplemental submission at one time with all intended supplemental material filed simultaneously. The resubmission shall retain the original application docket number and shall be reviewed administratively and placed on the agenda before the Board for a determination of completeness as in the case of a new application, and all procedures for determination of completeness shall be followed as in the case of a new application.
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The approving Board may subsequently request the submission of checklist items waived for purposes of application completeness and/or the correction of any material found to be in error. The approving Board may require submission of additional information not specified in the ordinance and/or such revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of an application for development have been satisfied. The Board shall also have the authority to refer any application plans or documents to other agencies or individuals for comment or recommendations.
The Municipal Planner may, under appropriate circumstances, make a preliminary determination of completeness for the purpose of expediting the designation of a hearing date for the application, provided that any such determination shall be provisional in nature and shall be subject to confirmation by the Board at the public hearing of the application.
The officials and agencies to whom application plans or documents have been forwarded for review pursuant to this section shall forward their comments and recommendations in writing to the approving Board prior to the first public hearing of the application.
At the time when the approving Board determines that the application is complete and ready for public hearing, the approving Board shall set a date for the public hearing and notify the applicant of said date. After such notification by the approving Board, the applicant shall follow the procedures established by this Ordinance and the Municipal Land Use Law with respect to the notice of hearing. If no public notice is required, the approving Board may directly proceed with the public hearing of the application after determining completeness.
Where, after an application is complete, the applicant proposes changes in the application, or accepts changes suggested by the approving Board, the approving Board may require the submission of an amended application which shall proceed as in the case of the original application for development, except that additional application/escrow fees and/or completeness review may be waived at the discretion of the approving Board. The time within which the approving Board shall review the amended application and make its determination shall commence as of the date of the filing of the amended application, or the date the amended application is determined to be complete, if additional completeness review is not waived. If the applicant fails to submit an amended application within the original time for review authorized by this Ordinance, the approving Board shall be obligated to act on the original application. If, at the discretion of the approving Board, the change or changes are considered minor in nature, the applicant may be given approval subject to the submission of an amended plan indicating the changes.
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the approving Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
The approving Board shall approve, conditionally approve, or deny a minor subdivision within forty-five (45) days of the determination of the approving Board that the application is complete, unless the applicant shall extend the period of time within which the Board may act. Failure of the approving Board to act within the period of time prescribed shall constitute minor subdivision approval and a certificate of the secretary as to the failure of the approving Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing minor subdivision plats or deeds.
[Ord. No. 18-02 § 2]
Approval of a minor subdivision shall expire one hundred ninety (190) days from the date on which the resolution of the approval is adopted unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Act" (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairperson and secretary of the approving Board and the Lot Line Revision Fee shall have been paid pursuant to Section 13-2.402.1. In reviewing the application for development for a proposed minor subdivision, the approving Board may accept a plat not in conformity with the "Map Filing Act" (N.J.S.A. 46:23-9.9 et seq.); provided that, if the development chooses to file the minor subdivision as provided herein by plat rather than deed, any approval shall condition such filing upon the revision of the plat to conform with the provisions of the said Act.
Any lands, lots or parcels resulting from a minor subdivision may not be resubmitted as a minor subdivision for a sixty (60) month period from the date of initial approval as a minor subdivision where the cumulative total will exceed three (3) lots.
Approval of a minor subdivision shall be deemed to be a final approval of the subdivision by the approving Board provided that the board may condition such approval on terms ensuring the provision of improvements as may be required pursuant to this Ordinance and/or the Municipal Land Use Law. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two (2) years after the date on which the resolution of minor subdivision approval is adopted; provided that the approved minor subdivision shall have been duly recorded as provided in this Section.
The approving Board may extend the one hundred ninety (190) day period for filing a minor subdivision plat or deed pursuant to Section 13-3.208 of this article after developer proves to the reasonable satisfaction of the approving Board (a) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entitles and (b) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the approving Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
The approving Board may grant an extension of minor subdivision approval for a period determined by the approving Board, but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the approving Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays of obtaining legally required approvals from other governmental agencies and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before; (1) what would otherwise be the expiration date of minor subdivision approval; or (2) the 91st day after the developer receives the first legally required approval from other governmental entities, whichever occurs later.
After the approval of a minor subdivision, copies of the signed plat shall be distributed to the following, where appropriate:
A. 
Township Clerk.
B. 
Township Engineer.
C. 
Zoning Officer.
D. 
Tax Assessor.
E. 
Secretary to the Approving Board.
F. 
Morris County Planning Board.
G. 
Morris County Soil Conservation District.
H. 
Applicant.
The applicant shall submit twenty (20) copies of the application together with twenty (20) legible prints containing all information required by the checklist, together with all appropriate fees, at least three weeks before the date of the regular meeting of the approving Board at which the application is to be considered. The Secretary of the approving Board shall forward copies of the application, or relevant portions thereof, to the following officials for review and comment, where appropriate:
A. 
Township Engineer.
B. 
Morris County Planning Board.
C. 
Zoning Officer.
D. 
Tax Assessor.
E. 
Township Planner.
F. 
Approving Board Attorney.
G. 
Approving Board Consultants.
H. 
Environmental Commission.
I. 
Historic Advisory Committee.
J. 
Morris County Soil Conservation District.
In appropriate cases the approving Board shall have the authority to approve a preliminary major subdivision without the necessity of any specific referrals. The approving Board shall also have the authority to refer any application documents to other agencies or individuals for comment or recommendations.
The following additional documents shall be provided during the hearing process:
A. 
A written statement from the applicant's engineer indicating:
1. 
Type of structure to be erected.
2. 
Nature of business, if commercial or industrial.
3. 
Approximate date of start of construction.
4. 
Sequencing of construction.
5. 
Estimated number of lots for which final approval will be requested by phases.
An application for development in the form that the applicant intends to be a complete application, together with all required fees and deposit for escrow, shall be provided to the secretary of the approving Board by the applicant in a single submission. All items on the checklist of requirements shall be submitted with the application unless the applicant submits a written request seeking waiver of the omitted checklist requirements with reasons supporting the proposed completeness waiver. Upon submission of the application for development, the application shall be administratively reviewed and recommendations provided to the approving Board by the Municipal Planner or his designee describing the status of completeness of the application. If the Municipal Planner deems the submission to be insufficient to perform his/her administrative review, he/she may require that the applicant resubmit or supplement its application documents. Upon submission of an application deemed by the Municipal Planner to be administratively sufficient, the application shall be filed and assigned a docket number by the secretary and scheduled for a public hearing to determine completeness within forty-five (45) days of filing. Requests for completeness waivers shall be considered at the time of the completeness hearing.
At the completeness hearing, the approving Board shall determine whether the application is complete or incomplete in accordance with the requirements of the checklist and after consideration of any written requests that any one or more of the checklist requirements be waived. If the approving Board shall determine that the application is incomplete, the secretary shall advise the applicant or its attorney, in writing, of the reasons why the application is incomplete within forty-five (45) days of the filing of the application for development. In the event that the approving Board does not certify the application to be incomplete or complete within forty-five (45) days of the date of filing of an application for development, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period for approval or denial of the application pursuant to this Ordinance.
In the event that the approving Board determines that the application is incomplete, the applicant shall not have to pay a new application fee as long as the incomplete items are submitted within sixty (60) days of the determination of incompleteness. Otherwise, the application process shall begin as in a new filing. Where the Board has determined the application is incomplete, an applicant wishing to make supplemental submissions to the original application within the sixty (60) day time period allowed shall make such supplemental submission at one time with all intended supplemental material filed simultaneously. The resubmission shall retain the original application docket number and shall be reviewed administratively and placed on the agenda before the Board for a determination of completeness as in the case of a new application, and all procedures for determination of completeness shall be followed as in the case of a new application.
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The approving Board may subsequently request the submission of checklist items waived for purposes of application completeness and/or the correction of any material found to be in error. The approving Board may require submission of additional information not specified in the ordinance and/or such revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of an application for development have been satisfied. The Board shall also have the authority to refer any application plans or documents to other agencies or individuals for comment or recommendations.
The Municipal Planner may, under appropriate circumstances, make a preliminary determination of completeness for the purpose of expediting the designation of a hearing date for the application, provided that any such determination shall be provisional in nature and shall be subject to confirmation by the Board at the public hearing of the applicant.
The officials and agencies to whom application plans or documents have been forwarded for review pursuant to this section shall forward their comments and recommendations in writing to the approving Board prior to the first public hearing of the application.
At the time when the approving Board determines that the application is complete and ready for public hearing, the approving Board shall set a date for the public hearing and notify the applicant of said date. After such notification by the approving Board, the applicant shall follow the procedures established by this Ordinance and the Municipal Land Use Law with respect to the notice of hearing.
Where, after an application is complete, the applicant proposes changes in the application, or accepts changes suggested by the approving Board, the approving Board may require the submission of an amended application which shall proceed as in the case of the original application for development, except that additional application/escrow fees and/or completeness review may be waived at the discretion of the approving Board. The time within which the approving Board shall review the amended application and make its determination shall commence as of the date of the filing of the amended application, or the date the amended application is determined to be complete, if additional completeness review is not waived. If the applicant fails to submit an amended application within the original time for review authorized by this Ordinance, the approving Board shall be obligated to act on the original application. If, at the discretion of the approving Board, the change or changes are considered minor in nature, the applicant may be given approval subject to the submission of an amended plan indicating the changes.
If the approving Board approves a plat conditioned upon County Planning Board approval, or that of any other governmental agency or official (including those of the municipality), and, in meeting any conditions of County Planning Board or other governmental approval, a substantial change is required in the design, access, circulation, drainage or improvement, the revised plat shall be resubmitted to the Township approving Board for reapproval.
A. 
Before the approving Board shall give preliminary approval to any plat wherein is proposed the extension of any sanitary sewer or public water system, or wherein the approving Board requires an extension of a sanitary sewer or public water system, the approving Board shall first require a resolution of the Governing Body of the Township of Roxbury approving and authorizing said sewer or public water system extension.
B. 
If approval is required by any other officer or public body (including those of the municipality), the same procedure as applies to submission and approval by the County Planning Board shall apply.
The approving Board shall approve, conditionally approve or deny the preliminary major subdivision application of ten (10) lots or less within forty-five (45) days of the determination by the approving Board that the application is complete unless the applicant shall extend the period of time within which the approving Board may act. The approving Board shall approve, conditionally approve, or deny the preliminary major subdivision application of more than ten (10) lots within ninety-five (95) days of the determination by the approving Board that the application is complete unless the applicant shall extend the period of time within which the approving Board may act. Failure of the approving Board to act within the time prescribed shall constitute preliminary major approval and a certificate of the Administrative Officer as to the failure of the approving Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be accepted by the County Recording Officer for purposes of filing subdivision plats. The approving Board shall include findings of fact and conclusions based on the testimony and documentary evidence submitted and shall reduce their determination to writing in accordance with law.
[Ord. No. 15-09 § 6]
Approval or "conditional approval" confers upon the applicant the following rights for a three (3) year period from the date on which the resolution of preliminary approval or conditional approval is adopted:
A. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that such general terms and conditions of preliminary approval shall be deemed modified to the extent required to comply with any subsequently adopted requirements of this Ordinance or other Township ordinances as relate to public health and safety.
B. 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat.
C. 
That the applicant may apply for, and the approving Board may grant, extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years; provided that if any applicable design standards set forth in Article VIII of this Ordinance have been revised since the granting of the preliminary approval, the board may condition its extension of the preliminary approval upon compliance with some or all of such revised design standards; and provided further that the board may deny any extension of a preliminary approval where it finds that such an extension would be inimical to the intent and purpose of the currently existing zone plan and/or zoning regulations as reflected in this Ordinance and/or the Master Plan.
D. 
In the case of a subdivision of an area of fifty (50) acres or more, the approving Board may grant the rights referred to in paragraphs A, B, and C. above for such period of time, longer than three (3) years, as shall be determined by the approving Board to be reasonable, taking into consideration: (1) The number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) Economic conditions, and (3) The comprehensiveness of the development.
The applicant may apply for thereafter, and the approving Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving Board to be reasonable, taking into consideration: (a) The number of dwelling units and nonresidential floor area permissible under preliminary approval, (b) The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (c) Economic conditions, and (d) The comprehensiveness of the development.
Provided that if any applicable design standards set forth in Article VIII of this Ordinance have been revised since the granting of the preliminary approval, the Board may condition its extension of the preliminary approval upon compliance with some or all of such revised design standards; and provided further that the Board may deny any extension of a preliminary approval where it finds that such an extension would be inimical to the intent and purpose of the currently existing zone plan and/or zoning regulations as reflected in this Ordinance and/or the Master Plan.
E. 
If three (3) years have passed from the date of memorialization of a resolution by the approving Board granting preliminary major subdivision approval, and that approval has not been extended pursuant to paragraphs C. or D. hereof, or pursuant to Subsection 13-3.410, then the preliminary major subdivision approval shall expire and become null and void, unless an application for final major subdivision approval has been submitted pursuant to paragraph B. hereof.
Whenever the approval Board grants an extension of preliminary approval pursuant to sections 13-3.409 paragraph C. or D. above and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.
The approving Board shall grant an extension of preliminary approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before (a) what would otherwise be the expiration date of preliminary approval, or (b) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the approving Board from granting an extension pursuant to Section 13-3.409 paragraphs C and D.
If the approving Board favorably acts on a preliminary plat, the Chairperson, Secretary and the Engineer of the approving Board shall affix their signatures to the plat with a notation that it has received preliminary approval and shall return same to the applicant for compliance with final approval requirements. Where conditional approval is granted, the Chairperson and the secretary of the approving Board shall not affix their signatures to the plat until all conditions required for approval have been complied with.
After the approval or denial of a preliminary major subdivision, copies of the signed plat and/or resolution of memorialization shall be distributed to the following, where appropriate:
A. 
Township Clerk.
B. 
Township Engineer.
C. 
Zoning Officer.
D. 
Tax Assessor.
E. 
Secretary of the Approving Board.
F. 
Morris County Planning Board.
G. 
Morris County Soil Conservation District.
H. 
Applicant.
I. 
Construction Official.
[Ord. No. 16-03 § 1]
An application for final major subdivision approval must be filed within three (3) years of the grant of preliminary major subdivision approval, or within the additional period of any extension thereof granted by the approving board pursuant to Sections 13-3.409C and/or 13-3.409D.
The applicant shall submit eighteen (18) copies of the application together with eighteen (18) legible prints containing all information required by the checklist, together with all appropriate fees, at least three weeks before the date of the regular meeting of the approving Board at which the application is to be considered.
The secretary of the approving Board shall forward copies of the application, or relevant portions thereof, to the following officials for review and comment, where appropriate:
A. 
Township Engineer.
B. 
Morris County Planning Board.
C. 
Zoning Officer.
D. 
Tax Assessor.
E. 
Approving Board Consultant.
F. 
Approving Board Attorney.
G. 
Environmental Commission.
H. 
Morris County Soil Conservation District.
I. 
Township Planner.
In appropriate cases the approving Board shall have the authority to approve a final major subdivision without the necessity of any specific referrals. The approving Board shall also have the authority to refer any plat to other agencies or individuals for comment or recommendations.
The following additional documents shall be provided during the hearing process or as a condition of approval:
A. 
Township Engineer. A written statement from the Township Engineer indicating:
1. 
That the Engineer is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed.
2. 
That the applicant has either completed the installation of all improvements in accordance with the requirements of this Ordinance or posted with the Township Clerk a performance guarantee in an amount sufficient to cover the cost of all improvements as required by this Ordinance, or uncompleted portions thereof, as estimated by the Township Engineer, and assuring the installation of such improvements on or before an agreed date.
3. 
That all times and amounts required for the maintenance guarantee have been provided for the improvement installed.
4. 
That the final plat conforms to the preliminary plat as submitted and approved with changes as noted in affidavit from applicant.
5. 
That all items required by the checklist for final approval have been provided.
An application for development in the form that the applicant intends to be a complete application, together with all required fees and deposit for escrow, shall be provided to the secretary of the approving Board by the applicant in a single submission. All items on the checklist of requirements shall be submitted with the application unless the applicant submits a written request seeking waiver of the omitted checklist requirements with reasons supporting the proposed completeness waiver. Upon submission of the application for development, the application shall be administratively reviewed and recommendations provided to the approving Board by the Municipal Planner or his designee describing the status of completeness of the application. If the Municipal Planner deems the submission to be insufficient to perform his/her administrative review, he/she may require that the applicant resubmit or supplement its application documents. Upon submission of an application deemed by the Municipal Planner to be administratively sufficient, the application shall be filed and assigned a docket number by the secretary and scheduled for a public hearing to determine completeness within forty-five (45) days of filing. Requests for completeness waivers shall be considered at the time of the completeness hearing.
At the completeness hearing, the approving Board shall determine whether the application is complete or incomplete in accordance with the requirements of the checklist and after consideration of any written requests that any one or more of the checklist requirements be waived. If the approving Board shall determine that the application is incomplete, the secretary shall advise the applicant or its attorney, in writing, of the reasons why the application is incomplete within forty-five (45) days of the filing of the application for development. In the event that the approving Board does not certify the application to be incomplete or complete within forty-five (45) days of the date of filing of an application for development, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period for approval or denial of the application pursuant to this Ordinance.
In the event that the approving Board determines that the application is incomplete, the applicant shall not have to pay a new application fee as long as the incomplete items are submitted within sixty (60) days of the determination of incompleteness. Otherwise, the application process shall begin as in a new filing. Where the Board has determined the application is incomplete, an applicant wishing to make supplemental submissions to the original application within the sixty (60) day time period allowed shall make such supplemental submission at one time with all intended supplemental material filed simultaneously. The resubmission shall retain the original application docket number and shall be reviewed administratively and placed on the agenda before the board for a determination of completeness as in the case of a new application, and all procedures for determination of completeness shall be followed as in the case of a new application.
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The approving Board may subsequently request the submission of checklist items waived for purposes of application completeness and/or the correction of any material found to be in error. The approving Board may require submission of additional information not specified in the Ordinance and/or such revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of an application for development have been satisfied. The Board shall also have the authority to refer any application plans or documents to other agencies or individuals for comment or recommendations.
The Municipal Planner may, under appropriate circumstances, make a preliminary determination of completeness for the purpose of expediting the designation of a hearing date for the application, provided that any such determination shall be provisional in nature and shall be subject to confirmation by the Board at the public hearing of the applicant.
The officials and agencies to whom application plans or documents have been forwarded for review pursuant to this Section shall forward their comments and recommendations in writing to the approving Board prior to the first public hearing of the application.
[Ord. No. 15-09 § 8]
At the time when the approving Board determines that the application is complete and ready for public hearing, the approving Board shall either proceed forthwith with the hearing of the application or set a date for a subsequent public hearing and notify the applicant of said date.
Where, after an application is complete, the applicant proposes changes in the application, or accepts changes suggested by the approving Board, the approving Board may require the submission of an amended application which shall proceed as in the case of the original application for development, except that additional application/escrow fees and/or completeness review may be waived at the discretion of the approving Board. The time within which the approving Board shall review the amended application and make its determination shall commence as of the date of the filing of the amended application, or the date the amended application is determined to be complete, if additional completeness review is not waived. If the applicant fails to submit an amended application within the original time for review authorized by this Ordinance, the approving Board shall be obligated to act on the original application. If, at the discretion of the approving Board, the change or changes are considered minor in nature, the applicant may be given approval subject to the submission of an amended plan indicating the changes.
The approving Board shall approve, conditionally approve or deny the final major subdivision application within forty-five (45) days of the determination by the approving Board that the application is complete unless the applicant shall extend the period of time within which the approving Board may act. Failure of the approving Board to act within the time prescribed shall constitute final major subdivision approval and a certification of the Administrative Officer as to the failure of the approving Board to act shall be issued on request of the applicant; and it shall be accepted by the County Recording Office for purpose of filing subdivision plats. The approving Board shall include findings of fact and conclusion based on the testimony and documentary evidence submitted and shall reduce their determination to writing in accordance with law.
A. 
The applicant shall provide four (4) translucent copies and eight (8) legible prints of the approved final plat showing all revisions and signatures. The applicant must prepare a sufficient number of copies so that same are available to make the following distribution after filing: County Clerk - two translucent copies and one paper copy; Approving Board Secretary - two translucent copies marked "Filed" by the County and five paper copies also marked "Filed" by the County.
B. 
Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The approving Board may for good cause shown extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat. The approving Board may extend the 95-day or 190-day period if the developer proves to the reasonable satisfaction of the approving Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the developer applied promptly for and diligently pursued required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the approving Board. The developer may apply for an extension either before or after the original expiration date.
C. 
No subdivision plat shall be accepted for filling by the County Recording Officer until it has been approved by the approving Board as indicated on the instrument by the signature of the Chairperson and secretary of the approving Board and Township Engineer. The signatures of the Chairperson, secretary of the approving Board and Township Engineer shall not be affixed until: (1) the developer has posted the guarantees required by this Ordinance as verified by the Township Clerk; and (2) the Lot Line Revision Fee has been paid pursuant to Section 13-2.402.1. If the County records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.
[Ord. No. 18-02 § 3]
D. 
It shall be the duty of the County Recording Officer to notify the approving Board in writing within seven (7) days of the filing of any plat, identifying such instrument by its title, date of filing, and official number.
E. 
If the applicant does not install all improvements required as precondition of final approval and elects to post a Performance Guarantee in accordance with Section 13-4.2, then in that event before the final map is filed in the Office of the Clerk of the County of Morris it shall have imprinted thereon the following: "All improvements required as a condition for final subdivision approval have not been completed as of the date of the filing of this map and a Performance Guarantee has been posted by the Developer of the property shown on this map in accordance with the provisions of N.J.S.A. 40:55D-53. Therefore, all purchasers of property shown hereon are notified that the issuance of a Building Permit and a Certificate of Occupancy for any house and/or structure to be constructed on any lot shown hereon is limited and subject to the terms and conditions of a Builder's Agreement on file with the Office of the Clerk of the Township of Roxbury. This notice shall remain effective until such time as the conditions of the Builder's Agreement are satisfied and notice prepared by the Mayor and Council of the Township of Roxbury is filed by the developer in the Morris County Clerk's Office as to such conditions having been met."
At such times as all utilities and public improvements have been installed and constructed, reproducible as-built plans for such utilities and public improvements shall be filed with the Township Engineer. Public improvements shall not be accepted by the Township until such plans are presented and approved by the Township Engineer.
A. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date on which the resolution of final approval was adopted; provided that in the case of a major subdivision the rights conferred by this Section shall expire if the plat has not been duly recorded within the required time period. If the developer has followed the standards prescribed for in final approval and has duly recorded the plat with the County Recording Officer, the approving Board may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions. Notwithstanding any other provisions of this Ordinance, the granting of final approval terminates the time period of preliminary approval pursuant to this article.
B. 
In the case of a site plan for a planned unit development or planned unit residential development or residential cluster of fifty (50) acres or more or conventional subdivision for one hundred fifty (150) acres or more, the approving Board may grant the rights referred to in paragraph A. for such period of time, longer than two (2) years, as shall be determined by the approving Board to be reasonable, taking into consideration:
1. 
The number of dwelling units and nonresidential floor area permissible under final approval,
2. 
Economic conditions, and
3. 
The comprehensiveness of the development.
The developer may apply for thereafter, and the approving Board may thereafter grant an extension to final approval for such additional period of time as shall be determined by the approving Board to be reasonable, taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area permissible under final approval,
(b) 
The number of dwelling units and nonresidential floor area remaining to be developed,
(c) 
Economic conditions, and
(d) 
The comprehensiveness of the development.
Whenever approving Board grants any extension of final approval pursuant to Section 15-3.510 and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the extension date. The developer may apply for the extension either before or after what would otherwise be the extension date. The approving Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the approving Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for an extension before (a) what would otherwise be the expiration date of final approval, or (b) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the approving Board from granting an extension pursuant to 13-3.510.
If the approving Board favorably acts on a final plat, the Chairperson and the secretary of the approving Board shall affix their signatures to the plat when all conditional required for approval have been complied with.
After the approval or denial of a final major subdivision, copies of the signed plat and/or resolution of memorialization shall be distributed as follows, where appropriate:
A. 
Township Clerk.
B. 
Township Engineer.
C. 
Zoning Officer.
D. 
Tax Assessor.
E. 
Secretary of the Approving Board.
F. 
Morris County Planning Board.
G. 
Morris County Soil Conservation District.
H. 
Applicant.
The procedures and regulations relating to site plans are deemed necessary to achieve the following objectives:
A. 
To provide a review and coordination procedure which clearly defines the role of public and private interest, as well as standards to be enforced.
B. 
To enhance and improve the man-made and natural environment through the retention of open spaces, woodlands, waterways, wetlands, scenic vistas, natural topographical features, trees and other natural vegetative cover, and to prevent erosion, flooding, silting and removal or displacement of land.
C. 
To encourage innovative and attractive techniques in design, technology and administration.
A. 
Except as provided herein, no building permit shall be issued for a building or structure, or any enlargement, alteration, construction or renovation of a building or structure, unless a site plan is first submitted and approved by the approving Board.
B. 
No Certificate of Occupancy shall be given unless all construction and conditions conform to a minor or final site plan approved by the approving Board.
C. 
A new site plan shall be submitted for every change of occupancy, use, tenancy or ownership, except where site plan approval has been previously obtained and improvements have been installed and maintained according to the approved plan, as certified by the Construction Official pursuant to Section 13-2.601, or the Township Planner and Zoning Officer certify that site plan review is not required pursuant to Section 13-3.101.
A. 
Site plan review shall not be required for single-family and two-family detached dwellings when used solely for residential purposes or for such accessory uses as are permitted in the applicable residential district.
B. 
Site plan review shall not be required where minor repairs to the interior of a building do not involve structural change of the building, as determined by the Construction Official or Zoning Officer.
C. 
The Construction Official or Zoning Officer, at their discretion, may refer any application for a building permit, zoning permit, or Certificate of Occupancy to an approving Board for site plan review, where, in their judgment and that of the Township Planner, the construction, reconstruction, alteration or change of use, occupancy, tenancy, or ownership will affect existing traffic volume or circulation, drainage, landscaping, lighting, off-street parking or the lack of any or all of these factors or other considerations as specified in this section.
The applicant shall submit twenty (20) copies of the application together with twenty (20) legible prints containing all information required in the appropriate checklist together with all appropriate fees at least three (3) weeks prior to the date of the regular meeting of the approving Board at which the application is to be considered.
The secretary of the approving Board shall forward copies of the application, or relevant portions thereof, to the following officials for review and comment where appropriate:
A. 
Township Engineer.
B. 
Township Planner.
C. 
Morris County Planning Board.
D. 
Zoning Officer.
E. 
Tax Assessor.
F. 
Approving Board Consultants.
G. 
Approving Board Attorney.
H. 
Environmental Commission.
I. 
County Soil Conservation District.
J. 
Historic Advisory Committee.
In appropriate cases, the approving Board shall have the authority to approve a minor site plan without the necessity of any specific referrals. The approving Board shall also have the authority to refer any map to other agencies or individuals for comment or recommendations.
An application for development in the form that the applicant intends to be a complete application, together with all required fees and deposit for escrow, shall be provided to the secretary of the approving Board by the applicant in a single submission. All items on the checklist of requirements shall be submitted with the application unless the applicant submits a written request seeking waiver of the omitted checklist requirements with reasons supporting the proposed completeness waiver. Upon submission of the application for development, the application shall be administratively reviewed and recommendations provided to the approving Board by the Municipal Planner or his designee describing the status of completeness of the application. If the Municipal Planner deems the submission to be insufficient to perform his/her administrative review, he/she may require that the applicant resubmit or supplement its application documents. Upon submission of an application deemed by the Municipal Planner to be administratively sufficient, the application shall be filed and assigned a docket number by the secretary and scheduled for a public hearing to determine completeness within forty-five (45) days of filing. Requests for completeness waivers shall be considered at the time of the completeness hearing.
At the completeness hearing, the approving Board shall determine whether the application is complete or incomplete in accordance with the requirements of the checklist and after consideration of any written requests that any one or more of the checklist requirements be waived. If the approving Board shall determine that the application is incomplete, the secretary shall advise the applicant or its attorney, in writing, of the reasons why the application is incomplete within forty-five (45) days of the filing of the application for development. In the event that the approving Board does not certify the application to be incomplete or complete within forty-five (45) days of the date of filing of an application for development, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period for approval or denial of the application pursuant to this Ordinance.
In the event that the approving Board determines that the application is incomplete, the applicant shall not have to pay a new application fee as long as the incomplete items are submitted within sixty (60) days of the determination of incompleteness. Otherwise, the application process shall begin as in a new filing. Where the Board has determined the application is incomplete, an applicant wishing to make supplemental submissions to the original application within the sixty (60) day time period allowed shall make such supplemental submission at one time with all intended supplemental material filed simultaneously. The resubmission shall retain the original application docket number and shall be reviewed administratively and placed on the agenda before the Board for a determination of completeness as in the case of a new application, and all procedures for determination of completeness shall be followed as in the case of a new application.
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The approving Board may subsequently request the submission of checklist items waived for purposes of application completeness and/or the correction of any material found to be in error. The approving Board may require submission of additional information not specified in the ordinance and/or such revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of an application for development have been satisfied. The Board shall also have the authority to refer any application plans or documents to other agencies or individuals for comment or recommendations.
The Municipal Planner may, under appropriate circumstances, make a preliminary determination of completeness for the purpose of expediting the designation of a hearing date for the application, provided that any such determination shall be provisional in nature and shall be subject to confirmation by the Board at the public hearing of the applicant.
The officials and agencies to whom application plans or documents have been forwarded pursuant to this section shall forward their comments and recommendations in writing to the approving Board prior to the first public hearing of the application.
At the time when the approving Board determines that the application is complete and ready for public hearing, the approving Board shall either proceed forthwith with the public hearing of the application, provided that all applicable notice requirements have been satisfied, or set a date for the public hearing and notify the applicant of said date. After such notification by the approving Board, the applicant shall follow the procedures established by this Ordinance and the Municipal Land Use Law with respect to the notice of hearing. If no further public notice is required, the approving Board may directly proceed with the public hearing of the application after determining completeness.
Where, after an application is complete, the applicant proposes changes in the application, or accepts changes suggested by the approving Board, the approving Board may require the submission of an amended application which shall proceed as in the case of the original application for development, except that additional application/escrow fees and/or completeness review may be waived at the discretion of the approving Board. The time within which the approving Board shall review the amended application and make its determination shall commence as of the date of the filing of the amended application, or the date the amended application is determined to be complete, if additional completeness review is not waived. If the applicant fails to submit an amended application within the original time for review authorized by this Ordinance, the approving Board shall be obligated to act on the original application. If, at the discretion of the approving Board, the change or changes are considered minor in nature, the applicant may be given approval subject to the submission of an amended plan indicating the changes.
[Ord. No. 15-09 § 9]
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the approving Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
The approving Board shall approve, conditionally approve, or deny a minor site plan within forty-five (45) days of the determination of the approving Board, that the application is complete, unless the applicant shall extend the period of time within which the Board may act. Failure of the approving Board to act within the period of time prescribed shall constitute minor site plan approval.
A minor site plan approval shall be deemed to be a final approval of the site plan by the approving Board provided that the Board may condition such approval on terms insuring the provision of improvements as may be required pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-30, 38, 39, 40 and 53). The zoning requirements and general terms under which the minor site plan approval was granted, shall not be changed for a period of two (2) years after the date on which the resolution of memorialization was adopted. The approving Board shall grant an extension of this period for a period determined by the approving Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the approving Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. The developer shall apply for this extension before (a) what would otherwise be the expiration date, or (b) the 91st day after the date on which the developer received the last of the legally required approvals from the other governmental entities, whichever occurs later.
After the approval of a minor site plan, copies of the signed map shall be distributed to the following, where appropriate:
A. 
Township Clerk.
B. 
Township Engineer.
C. 
Zoning Officer.
D. 
Construction Official.
E. 
Tax Assessor.
F. 
Secretary of Approving Board.
G. 
Morris County Planning Board.
H. 
County Soil Conservation District.
The applicant shall submit twenty (20) copies of the application together with twenty (20) legible prints containing all information required in the appropriate checklist together with all appropriate fees at least three (3) weeks prior to the date of the regular meeting of the approving Board at which the application is to be considered.
The secretary of the approving Board shall forward copies of the plat to the following officials for review and comment where appropriate:
A. 
Township Engineer.
B. 
Township Planner.
C. 
Morris County Planning Board.
D. 
Zoning Officer.
E. 
Tax Assessor.
F. 
Approving Board Consultants.
G. 
Approving Board Attorney.
H. 
Environmental Commission.
I. 
County Soil Conservation District.
J. 
Historic Advisory Committee.
In appropriate cases, the approving Board shall have the authority to approve the preliminary major site plan without the necessity of any specific referrals. The approving Board shall also have the authority to refer any plat to other agencies or individuals for comment or recommendations.
The following additional documents shall be provided during the hearing process in a written statement from the applicant's engineer:
A. 
Type of structure to be erected, gross floor area and number of stories.
B. 
Nature of business, if commercial or industrial, method of operation, hours of operation, number of employees, frequency and type of deliveries, parking generation, etc.
C. 
Approximate date of start of construction.
D. 
Sequencing of construction.
An application for development in the form that the applicant intends to be a complete application, together with all required fees and deposit for escrow, shall be provided to the secretary of the approving Board by the applicant in a single submission. All items on the checklist of requirements shall be submitted with the application unless the applicant submits a written request seeking waiver of the omitted checklist requirements with reasons supporting the proposed completeness waiver. Upon submission of the application for development, the application shall be administratively reviewed and recommendations provided to the approving Board by the Municipal Planner or his designee describing the status of completeness of the application. If the Municipal Planner deems the submission to be insufficient to perform his/her administrative review, he/she may require that the applicant resubmit or supplement its application documents. Upon submission of an application deemed by the Municipal Planner to be administratively sufficient, the application shall be filed and assigned a docket number by the secretary and scheduled for a public hearing to determine completeness within forty-five (45) days of filing. Requests for completeness waivers shall be considered at the time of the completeness hearing.
At the completeness hearing, the approving Board shall determine whether the application is complete or incomplete in accordance with the requirements of the checklist and after consideration of any written requests that any one or more of the checklist requirements be waived. If the approving Board shall determine that the application is incomplete, the secretary shall advise the applicant or its attorney, in writing, of the reasons why the application is incomplete within forty-five (45) days of the filing of the application for development. In the event that the approving Board does not certify the application to be incomplete or complete within forty-five (45) days of the date of filing of an application for development, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period for approval or denial of the application pursuant to this Ordinance.
In the event that the approving Board determines that the application is incomplete, the applicant shall not have to pay a new application fee as long as the incomplete items are submitted within sixty (60) days of the determination of incompleteness. Otherwise, the application process shall begin as in a new filing. Where the Board has determined the application is incomplete, an applicant wishing to make supplemental submissions to the original application within the sixty (60) day time period allowed shall make such supplemental submission at one time with all intended supplemental material filed simultaneously. The resubmission shall retain the original application docket number and shall be reviewed administratively and placed on the agenda before the Board for a determination of completeness as in the case of a new application, and all procedures for determination of completeness shall be followed as in the case of a new application.
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The approving Board may subsequently request the submission of checklist items waived for purposes of application completeness and/or the correction of any material found to be in error. The approving Board may require submission of additional information not specified in the ordinance and/or such revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of an application for development have been satisfied. The Board shall also have the authority to refer any application plans or documents to other agencies or individuals for comment or recommendations.
The Municipal Planner may, under appropriate circumstances, make a preliminary determination of completeness for the purpose of expediting the designation of a hearing date for the application, provided that any such determination shall be provisional in nature and shall be subject to confirmation by the Board at the public hearing of the applicant.
The officials and agencies to whom application plans or documents have been forwarded for review pursuant to this section shall forward their comments and recommendations in writing to the approving Board prior to the first public hearing of the application.
At the time when the approving Board determines that the application is complete and ready for public hearing, the approving Board shall set a date for the public hearing and notify the applicant of said date. After such notification by the approving Board, the applicant shall follow the procedures established in this Ordinance and the Municipal Land Use Law with respect to the notice of hearing.
Where, after an application is complete, the applicant proposes changes in the application, or accepts changes suggested by the approving Board, the approving Board may require the submission of an amended application which shall proceed as in the case of the original application for development, except that additional application/escrow fees and/or completeness review may be waived at the discretion of the approving Board. The time within which the approving Board shall review the amended application and make its determination shall commence as of the date of the filing of the amended application, or the date the amended application is determined to be complete, if additional completeness review is not waived. If the applicant fails to submit an amended application within the original time for review authorized by this Ordinance, the approving Board shall be obligated to act on the original application. If, at the discretion of the approving Board, the change or changes are considered minor in nature, the applicant may be given approval subject to the submission of an amended plan indicating the changes.
The approving Board shall approve, conditionally approve or deny the preliminary major site plan application of ten (10) acres of land or less and ten (10) dwelling units or less within forty-five (45) days of the determination by the approving Board that the application is complete unless the applicant shall extend the period of time within which the approving Board may act. The approving Board shall approve, conditionally approve, or deny the preliminary major site plan application of more than ten (10) acres, or more than ten (10) dwelling units within ninety-five (95) days of the determination by the approving Board that the application is complete unless the applicant shall extend the period of time within which the approving Board may act. Failure of the approving Board to act within the time prescribed shall constitute preliminary major approval. The approving Board shall include findings of fact and conclusions based on the testimony and documentary evidence submitted and shall reduce their determination to writing in accordance with law.
[Ord. No. 1509 § 9]
Preliminary approval of a major site plan shall confer upon the applicant the following rights for a three (3) year period from the date on which the resolution of preliminary was adopted.
A. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that such general terms and conditions of preliminary approval shall be deemed modified to the extent required to comply with any subsequently adopted requirements of this Ordinance or other Township ordinances as relate to public health and safety.
B. 
The applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.
C. 
That the applicant may apply for, and the approving Board may grant, extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years; provided that if any applicable design standards set forth in Article VIII of this Ordinance have been revised since the granting of the preliminary approval, the Board may condition its extension of the preliminary approval upon compliance with some or all of such revised design standards; and provided further that the Board may deny any extension of a preliminary approval where it finds that such an extension would be inimical to the intent and purpose of the existing zone plan and/or zoning regulations as reflected in this Ordinance and/or the Master Plan.
D. 
In the case of a major site plan for an area of fifty (50) acres or more, the Planning Board may grant the rights referred to in A, B and C above for such period of time, longer than three (3) years, as shall be determined by the Planning Board to be reasonable, taking into consideration:
1. 
The number of dwelling units and nonresidential floor area permissible under preliminary approval,
2. 
Economic conditions, and
3. 
The comprehensiveness of the development.
The applicant may apply for thereafter, and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area permissible under preliminary approval,
(b) 
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval,
(c) 
Economic conditions, and
(d) 
The comprehensiveness of the development.
Provided that if any applicable design standards set forth in Article VIII of this Ordinance have been revised since the granting of the preliminary approval, the Board may condition its extension of the preliminary approval upon compliance with some or all of such revised design standards; and provided further that the board may deny any extension of a preliminary approval where it finds that such an extension would be inimical to the intent and purpose of the existing zone plan and/or zoning regulations as reflected in this Ordinance and/or the Master Plan.
E. 
If three (3) years have passed from the date of memorialization of a resolution by the approving Board granting preliminary major site plan approval, and that approval has not been extended pursuant to paragraphs C or D hereof, or pursuant to Subsection 13-3.809, then the preliminary major site plan approval shall expire and become null and void, unless an application for final major site plan approval has been submitted pursuant to paragraph B. hereof.
Whenever the approving Board grants an extension of preliminary approval pursuant to Section 13-3.808 above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date. The approving Board shall grant an extension of preliminary approval for a period determined by the approving Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the approving Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before (1) what would otherwise be the expiration date of the preliminary approval, or (2) the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the approving Board from granting an extension pursuant to Section 13-3.808 above.
Where the developer seeks to commence construction of the project prior to final approval, the developer shall submit plans and specifications conforming to the Planning Board or Zoning Board of Adjustment Resolution of Memorialization. The Board's Engineer shall approve or deny them within thirty-five (35) days. In the event of a denial, the specific reasons must be enumerated in a letter to the applicant from the Board's Engineer.
If revised plans are submitted in response to a denial letter, they shall be approved or denied within twenty (20) days and shall specify any reasons for denial in a letter to the applicant. After the plans have been approved by the approving Board's Engineer, the developer shall comply with the requirements of the performance guaranties of this Ordinance. All of the above shall be verified by the Township Engineer and Township Planner at a pre-construction meeting. Thereafter, the developer may commence construction of the project prior to final approval.
A. 
All proposed improvements or development indicated on the approved site plan map shall meet the requirements of all applicable codes, ordinances and specifications of the Township, County, State or Federal Governments and other agencies with jurisdiction over matters pertaining to site development.
B. 
The Construction Official and/or the Township Engineer may authorize minor variations in the site plan caused by field conditions and shall notify the approving Board of such variations.
In the event of a failure to comply with any condition of the preliminary site plan approval, the Township Engineer, Construction Official, or the designee of either, on his or her own initiative may revoke the construction permit and seek to enjoin the violation, or take such other steps as permitted by law.
After approval of the preliminary site plan, copies of the signed plat or resolution of memorialization shall be distributed as follows, where appropriate:
A. 
Township Clerk.
B. 
Township Engineer.
C. 
Zoning Officer.
D. 
Tax Assessor.
E. 
Secretary of the Approving Board.
F. 
Morris County Planning Board.
G. 
Environmental Commission.
H. 
Applicant.
[Ord. No. 16-03 § 2]
An application for final major site plan approval must be filed within three (3) years of the grant of preliminary major site plan approval, or within the additional period of any extension thereof granted by the approving board pursuant to Sections 13-3.808C and/or 13-3.808D.
The applicant shall submit eighteen (18) copies of the application together with eighteen (18) legible prints containing all information required in the appropriate checklist together with all appropriate fees at least three (3) weeks prior to the date of the regular meeting of the approving Board at which the application is to be considered.
The secretary of the approving Board shall forward copies of the application, or relevant portions thereof, to the following officials for review and comment where appropriate:
A. 
Township Engineer.
B. 
Township Planner.
C. 
Morris County Planning Board.
D. 
Zoning Officer.
E. 
Tax Assessor.
F. 
Approving Board Consultants.
G. 
Approving Board Attorney.
H. 
Environmental Commission.
I. 
County Soil Conservation District.
J. 
Historic Advisory Committee.
In appropriate cases, the approving Board shall have the authority to approve a final major site plan without the necessity of any specific referrals. The approving Board shall also have the authority to refer any plat to other agencies or individuals for comment or recommendations.
An application for development in the form that the applicant intends to be a complete application, together with all required fees and deposit for escrow, shall be provided to the secretary of the approving Board by the applicant in a single submission. All items on the checklist of requirements shall be submitted with the application unless the applicant submits a written request seeking waiver of the omitted checklist requirements with reasons supporting the proposed completeness waiver. Upon submission of the application for development, the application shall be administratively reviewed and recommendations provided to the approving Board by the Municipal Planner or his designee describing the status of completeness of the application. If the Municipal Planner deems the submission to be insufficient to perform his/her administrative review, he/she may require that the applicant resubmit or supplement its application documents. Upon submission of an application deemed by the Municipal Planner to be administratively sufficient, the application shall be filed and assigned a docket number by the secretary and scheduled for a public hearing to determine completeness within forty-five (45) days of filing. Requests for completeness waivers shall be considered at the time of the completeness hearing.
At the completeness hearing, the approving Board shall determine whether the application is complete or incomplete in accordance with the requirements of the checklist and after consideration of any written requests that any one or more of the checklist requirements be waived. If the approving Board shall determine that the application is incomplete, the secretary shall advise the applicant or its attorney, in writing, of the reasons why the application is incomplete within forty-five (45) days of the filing of the application for development. In the event that the approving Board does not certify the application to be incomplete or complete within forty-five (45) days of the date of filing of an application for development, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period for approval or denial of the application pursuant to this Ordinance.
In the event that the approving Board determines that the application is incomplete, the applicant shall not have to pay a new application fee as long as the incomplete items are submitted within sixty (60) days of the determination of incompleteness. Otherwise, the application process shall begin as in a new filing. Where the Board has determined the application is incomplete, an applicant wishing to make supplemental submissions to the original application within the sixty (60) day time period allowed shall make such supplemental submission at one time with all intended supplemental material filed simultaneously. The resubmission shall retain the original application docket number and shall be reviewed administratively and placed on the agenda before the Board for a determination of completeness as in the case of a new application, and all procedures for determination of completeness shall be followed as in the case of a new application.
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The approving Board may subsequently request the submission of checklist items waived for purposes of application completeness and/or the correction of any material found to be in error. The approving Board may require submission of additional information not specified in the ordinance and/or such revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of an application for development have been satisfied. The Board shall also have the authority to refer any application plans or documents to other agencies or individuals for comment or recommendations.
The Municipal Planner may, under appropriate circumstances, make a preliminary determination of completeness for the purpose of expediting the designation of a hearing date for the application, provided that any such determination shall be provisional in nature and shall be subject to confirmation by the Board at the public hearing of the applicant.
The officials and agencies to whom application plans or documents have been forwarded for review pursuant to this section shall forward their comments and recommendations in writing to the approving Board prior to the first public hearing of the application.
At the time when the approving Board determines that the application is complete and ready for public hearing, the approving Board shall either proceed forthwith with the public hearing of the application, provided that all applicable notice requirements have been satisfied, or set a date for the public hearing and notify the applicant of said date. After such notification by the approving Board, the applicant shall follow the procedures established in this Ordinance and the Municipal Land Use Law with respect to the notice of hearing. If no further public notice is required, the approving Board may directly proceed with the public hearing of the application after determining completeness.
The approving Board shall approve, conditionally approve, or deny the final major site plan application within forty-five (45) days of the determination by the approving Board that the application is complete unless the approving Board shall extend the period of time within which the approving Board may act. Failure of the approving Board to act within the time prescribed shall constitute final major site plan approval and a certificate of the Administrative Officer as to the failure of the approving Board to act shall be issued on request of the applicant. The approving Board shall include findings of fact and conclusion based on the testimony and documentary evidence submitted and shall reduce this determination to writing in accordance with law.
Where, after an application is complete, the applicant proposes changes in the application, or accepts changes suggested by the approving Board, the approving Board may require the submission of an amended application which shall proceed as in the case of the original application for development, except that additional application/escrow fees and/or completeness review may be waived at the discretion of the approving Board. The time within which the approving Board shall review the amended application and make its determination shall commence as of the date of the filing of the amended application, or the date the amended application is determined to be complete, if additional completeness review is not waived. If the applicant fails to submit an amended application within the original time for review authorized by this Ordinance, the approving Board shall be obligated to act on the original application. If, at the discretion of the approving Board, the change or changes are considered minor in nature, the applicant may be given approval subject to the submission of an amended plan indicating the changes.
The reasons for approval, approval with conditions or disapproval shall be set forth in the written minutes of the approving Board, and the applicant shall be notified in writing within forty-five (45) days of said action. A notice of said decision shall be advertised as provided by this Ordinance.
For any site plan which requires County Planning Board or other governmental agency approval, the approving Board shall condition its approval upon approval by the County Planning Board or such other agency. If the approving Board approves a site plan conditional upon County Planning Board approval or approval of any other governmental agency, and a substantial change is required in the design, access, circulation, drainage or improvements, the revised site plan shall be submitted to the Township approving Board for reapproval.
A. 
All proposed improvements or development indicated on the approved site plan map shall meet the requirements of all applicable codes, ordinances and specifications of the Township, County, State or Federal governments and other agencies with jurisdiction over matters pertaining to site development.
B. 
The Construction Official and/or the Township Engineer may authorize minor variations in the final site plan caused by field conditions and shall notify the approving Board of such variations.
In the event of a failure to comply with any condition of final site plan approval, the Township Engineer, Construction Official, or the designee of either, on his or her initiative, may revoke the construction permit or Certificate of Occupancy, as the case may be, and seek to enjoin the violation, or take such other steps as permitted by law.
A. 
The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the developer pursuant to preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted. If the developer has followed the standards prescribed for final approval, the approving Board may extend such period of protection for extensions of one year, but not to exceed three extensions.
B. 
In the case of site plans for a Planned Development of fifty (50) acres or more, conventional site plan for one hundred fifty (150) acres or more, or site plan for development of a nonresidential floor area of two hundred thousand (200,000) square feet or more, the Planning Board may grant the rights referred to in paragraph A. above of this section for such period of time, longer than two (2) years, as shall be determined by the Planning Board to be reasonable taking into consideration:
1. 
The number of dwelling units and nonresidential floor area permissible under final approval,
2. 
Economic conditions, and
3. 
The comprehensiveness of the development.
The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area permissible under final approval,
(b) 
The number of dwelling units and nonresidential floor area remaining to be developed,
(c) 
Economic conditions, and
(d) 
The comprehensiveness of the development.
Whenever the approval board grants an extension of final approval pursuant to Section 13-3.911 above and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date. The approving Board shall grant an extension of final approval for a period determined by the approving Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the approving Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. The developer shall apply for the extension before (a) what would otherwise be the expiration date of final approval, or (b) the 91st day after the developer received the last legally required approval from other governmental entities, whichever occurs later. The extension granted pursuant to this section shall not preclude the approving Board from granting an extension pursuant to Section 13-3.911 above.
After approval of the final major site plan, copies of the signed site plan shall be distributed as follows, where appropriate:
A. 
Township Clerk.
B. 
Township Engineer.
C. 
Zoning Officer.
D. 
Tax Assessor.
E. 
Secretary of the Approving Board.
F. 
Morris County Planning Board.
G. 
Environmental Commission.
H. 
Applicant.
All applications for conditional use shall be reviewed as though they were preliminary major site plan applications and shall follow the requirements of Section 13-3.8 of this Ordinance.
The approving Board may grant preliminary and final major subdivision approval simultaneously subject to the posting of all Performance and Maintenance Guarantees required pursuant to Article IV of this Ordinance; provided that the Construction Official shall not issue any building permits or Certificates of Occupancy for the subdivision until the Township Engineer has certified in writing that all improvements have been completed in accordance with the approved plans.
The approving Board may grant simultaneous preliminary and final major site plan approval: (a) without the posting of Performance and Maintenance Guarantees, where the Board finds, after consultation with the Township Planner and the Board Engineer, that the required site plan improvements are of such a limited scope as not to justify the Township's administrative costs in connection with bonding of the improvements; (b) with the posting of Performance and Maintenance Guarantees, where the Board finds that the required site improvements are of a character and scope that does not warrant as-built review by the Board; provided that, in either case, the Construction Official shall not issue any Certificates of Occupancy for the site plan until the Township Engineer has certified in writing that all improvements have been completed in accordance with the approved plans.
An application for General Development Plan (GDP) approval shall be submitted to the Planning Board in connection with any proposed development in the PO/LI district pursuant to Section 13-7.34A02E of this Ordinance. The applicant shall submit twenty (20) copies of the application and plans containing all the information required by the GDP checklist, together with all appropriate fees, at least three (3) weeks before the date of the regular meeting of the approving Board at which the application is to be considered. The application, review and inspection fees for GDP applications shall be those established for preliminary major site plans pursuant to Section 13-2.4 of this Ordinance. GDP application review, completeness and notice procedures shall be those established for preliminary major site plans pursuant to Section 13-3.8 of this Ordinance.
[Ord. No. 19-09 § 1]
Prior to approval of a GDP application, the Planning Board shall determine the following facts and conclusions:
A. 
That the proposed General Development Plan conforms to the requirements of Section 13-7.34A02 of this Ordinance.
B. 
That the proposals for maintenance and conservation of the common open space areas are reliable, and the amount, location and purpose of the common open space are adequate.
C. 
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
D. 
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
E. 
That the terms and conditions intended to protect the interests of the public and of the neighboring residents and of the occupants of the proposed development in the total completion of the development are adequate. Such terms and conditions may include, without limitation, bonding for infrastructural improvements.
F. 
That no taxes or assessments for local improvements are due or delinquent on the subject property.
G. 
That the conditions of any GDP approval and the phasing provisions require that the development comply with applicable new and/or modified County, State and/or Federal requirements regarding affordable housing and/or environmental regulation that became effective after the date of the GDP approval.
H. 
That any GDP approval involving allocations of sewer and/or water capacity incorporate provisions requiring the developer to pay an amount equivalent to the value of retaining such allocations over the vesting period.
The Planning Board shall establish the timing of the development among the various types of proposed uses and subgroups thereof and may require that certain uses be built before, after, or at the same time as others.
Board approval of a GDP shall not confer on the applicant the right to build the project. The applicant shall be required to obtain applicable preliminary major subdivision and preliminary major site plan approvals in accordance with the requirements of this Ordinance prior to initiating any site disturbance and shall be required to obtain applicable final major subdivision and final major site plan approvals prior to occupancy. GDP approval shall confer upon the applicant the right to develop the project in accordance with the approved plan subject to the conditions of such approval for a period to be determined by the Board, not to exceed twenty (20) years from the date the applicant receives final approvals for the first section of the development. In making the determination of the duration of the GDP approval, the Board shall consider the proposed floor area to be constructed, prevailing economic conditions, the schedule to be followed in completing the development, the developer's capability of completing the proposed development, the contents of the GDP, and conditions attached to the GDP approval by the Board.
Once a GDP has been approved, it may be amended or revised only upon application to the Planning Board, provided that, without violating the terms of the approval, the developer may reduce the floor area of any section of the development by not more than fifteen (15%) percent.
Each section of the development shall be deemed complete upon the issuance of Certificates of Occupancy for every structure included in such section under the approved GDP. Upon the completion of each section of the development, the developer shall notify the Planning Board Secretary by certified mail. If the Board Secretary does not receive such notification within eight (8) months of the completion date for the section of the development established in the GDP approval, the Secretary shall give the developer notice by certified mail that it must submit evidence, within ten (10) days, that it is fulfilling its obligations under the approved GDP. The Board shall thereafter conduct a hearing to determine whether the developer is in violation of the approved plan. If, after such a hearing, the Board finds good cause to terminate the GDP approval, the Board Secretary shall provide written notice of same to the developer and the approval shall be terminated thirty (30) days thereafter. A GDP approval shall automatically terminate in the event that the developer has not applied for applicable preliminary major subdivision and/or preliminary major site plan approvals within five (5) years of the Board's approval of the GDP.
[Ord. No. 18-02 § 4]
An application for approval of a lot line adjustment shall be submitted to the Township Planner. The applicant shall submit ten (10) copies of the application and a survey prepared by a licensed land surveyor indicating the existing and proposed lot lines and all existing structures and buildings, as well as such other information as the Township Planner may require. The applicant shall also submit an application fee of as established in Chapter XXIV, Fees, Section 24-7 of the Revised General Ordinances of the Township of Roxbury and review fees of three hundred ($300.00) dollars. Upon approval of the lot line adjustment, the applicant shall also submit to the secretary an administrative fee in the amount of one hundred ($100.00) dollars to cover the cost of revisions to the municipal tax maps.
The Township Planner may approve a lot line adjustment subject to the following criteria:
A. 
The adjustment involves one lot line between two adjoining lots;
B. 
Owner(s) of both lots consent(s) in writing to the adjustment;
C. 
No new lots are created; and
D. 
Both lots are conforming after the adjustment, or any pre-existing nonconformities are not increased.