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.
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:
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:
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:
[Ord. No. 16-03 § 1]
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:
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:
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:
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:
[Ord. No. 16-03 § 2]
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:
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:
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:
