[Ord. No. 594]
A.
All subdivision and/or resubdivision of land within the Township, as defined in Section 35-3.3 of this chapter, shall be reviewed by the Land Use Board in accordance with the provisions of this chapter.
B.
Except as otherwise provided, no zoning or construction permit shall
be issued for any building or use or any enlargement or alteration
of any building or use unless a site plan for said building or use
is first submitted to and approved by the Land Use Board of the Township,
and no certificate of occupancy shall be given or remain valid unless
all construction and site utilization conforms to an approved site
plan. This requirement shall pertain to all uses and structures in
all zoning districts, except that:
1.
Site plans shall not be required for: any single-family dwelling;
for permitted accessory uses to a single-family dwelling such as a
private garage or swimming pool, home occupations, except for Village
Commercial Home Occupations; a farm or any permitted accessory use
thereto such as barn, silo, storage shed or related structure.
2.
Site plan review and approval will not be required in connection
with the alteration and repair of an existing structure or use, when
the Zoning Officer determines that the alteration or repair:
[Ord. No. 594]
A.
Any applicant for subdivision or site plan review and approval shall obtain all necessary forms and checklists as per Section 35-13.19 of this chapter from the Land Use Board Administrative Officer. Said Officer shall inform the applicant of the steps to be taken in securing Land Use Board action and of the regular meeting dates of the Board. Except as otherwise provided in Section 35-13.1B of this chapter, an applicant seeking subdivision or site plan approval shall, with the knowledge of the Zoning Officer, submit fifteen (15) copies of all plans, together with a completed application form and the appropriate checklists for the type(s) of development proposed as required by Section 35-13.19 herein, to the Land Use Board Administrative Officer at least twenty-one (21) days prior to a regularly scheduled Land Use Board meeting.
B.
The Land Use Board shall determine, on the basis of advice from the
Board's administrative officer and its professional staff and/or the
Township Engineer as detailed herein below, that the application is
complete and properly submitted as of that date, or that the application
is incomplete, as provided in N.J.S.A. 40:55D-10.3, in which latter
case the applicant shall be notified in writing of the deficiencies
therein by the Board or the Board's designee for the determination
of completeness within forty-five (45) days of the applicant's initial
submission as to the additional information or materials required.
The applicant may request that one or more of the submission requirements
be waived, in which event the Board or its designee shall grant or
deny the request within forty-five (45) days.
The Board may subsequently require correction of any information
found to be in error and submission of additional information not
specified in this chapter or any revisions in the accompanying documents,
as are reasonably necessary to make an informed decision as to whether
the requirements have been met. The application shall not be deemed
incomplete for lack of any such additional information or any revision
in the accompanying documents so required by the Board.
1.
Administrative determination of preliminary completeness. The administrative
officer shall make a determination of preliminary completeness prior
to listing any matter on the agenda for a meeting of the Board. In
the event that the administrative officer determines that the application
is not complete, the administrative officer shall so advise the applicant
in writing, indicating the items which the administrative officer
has found to be lacking. The failure of the administrative officer
to have mentioned an item to an applicant shall not preclude the Board
from finding an application incomplete. Only the Board shall have
the authority to make final determinations of completeness and shall
make a determination of completeness prior to hearing any application.
2.
Advance filing requirement. Any applicant for which a hearing is
required shall receive a determination of preliminary completeness
at least ten (10) days prior to the meeting date, and the completeness
of the application shall be determined as of that date. If the application
is not determined to be preliminarily complete as of that date, the
application shall not be placed on the agenda for the meeting unless
the applicant has requested waivers as to the items which are incomplete,
and included in any public notice the request for waivers. In such
case, the request for waivers shall be placed on the agenda if the
application is otherwise determined to be preliminarily complete,
and if the Board approves the waivers and otherwise finds the application
complete, the application may be heard at that meeting.
A.
Minor subdivision or site plan.
1.
Application for minor subdivisions and site plans for conventional developments as defined in Section 35-3.3 of this chapter shall not be subject to a public hearing provided that a conditional use or zoning variance request is not involved in connection with said application(s). All site plans not deemed "minor" by the Land Use Board based on the provisions of Section 35-3.3 of this chapter shall require a public hearing with notice as set forth in Section 35-13.14 of this chapter.
2.
Final approval of a minor subdivision and preliminary approval in
the case of a site plan which involves ten (10) acres of land or less,
and ten (10) dwelling units or less, shall be granted or denied within
forty-five (45) days from the date the application for said minor
subdivision or site plan is determined to be completed or within such
time as may be consented to by the applicant.
3.
In granting final approval to a minor subdivision or site plan, the Land Use Board may condition such approval on terms ensuring the provisions of improvements pursuant to the provisions of Article 35-11 and Article 35-12 of this chapter as deemed applicable by the Board. In approving an application, the Land Use Board may impose any modifications or conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety and general welfare.
4.
Approval of a minor subdivision shall expire one hundred ninety (190)
days from the date the Land Use Board approval unless within such
period a plat in conformity with such approval and the provisions
of the Map Filing Law, or a deed clearly describing the approved minor
subdivision, is filed by the applicant with the County Clerk, the
Municipal Engineer and the Municipal Tax Assessor. Copies filed with
the Municipal Engineer and Tax Assessor must show proof of filing
with the County Clerk. Any such plat or deed must be signed by the
Chairman and Secretary of the Township Land Use Board before it will
be accepted for filing by the County Clerk.
The Land Use Board may extend the one hundred ninety (190) day
period for filing a minor subdivision plat or deed pursuant to this
section if the developer proves to the reasonable satisfaction of
the Land Use 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 the required approvals. The length of extension shall be equal
to the period of delay caused by the wait for the required approvals,
as determined by the Land Use Board. The developer may apply for the
extension either before or after what would otherwise be the expiration
date.
5.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision or site plan
approval was granted, shall not be changed for a period of two (2)
years after the date of minor subdivision or site plan approval, provided
however that in the case of a minor subdivision the approved minor
subdivision shall have been duly recorded as required in Subsection
A4 above. Extensions of said period may be granted by the Land Use
Board in accordance with the provisions of N.J.S.A. 40:55D-46.1c for
minor site plans and 40:55D-47g for minor subdivisions.
B.
Major subdivision; site plans for conventional developments which
involve more than ten (10) acres or more than ten (10) dwelling units;
and planned developments.
1.
Preliminary applications for major subdivision, site plans for conventional developments which involve more than ten (10) acres or more than ten (10) dwelling units, or any planned development shall be subject to public hearing after notice properly given by the applicant as provided in Section 35-13.14 of this chapter, and preliminary approval shall be granted or denied within ninety-five (95) days from the date an application is determined to be complete or within such further time as may be consented to by the developer. Otherwise, the Land Use Board shall be deemed to have granted preliminary approval of the subdivision plat or site plan, except in the case of those applications subject to the provisions of Section 35-13.4 of this chapter, and a certificate of the administrative officer as to the failure of the Land Use Board to act shall be issued on request of the applicant.
2.
In the case of any planned development as permitted by this chapter,
the Land Use Board shall find prior to the approval of such planned
development the following facts and conclusions:
a.
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the standards
of this chapter;
b.
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate;
c.
That provisions 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.
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and the residents, occupants and
owners of the proposed development in the total completion of the
development are adequate;
3.
In the event that preliminary approval of such subdivision or site
plan is denied because of failure to comply with municipal or regional
development regulations, a notation to that effect, together with
the signature of the administrative officer of the Land Use Board,
shall be placed on the plat or plan, and reasons for the denial shall
be stated in the denial resolution.
4.
Preliminary approval of a major subdivision, site plan or planned development shall be granted by resolution, which shall set forth any conditions that must be met, including design standards and improvements required by Article 35-11, required performance guaranties as set forth in Article 35-12, and plat or plan changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat or plan, said notation to clearly state that preliminary approval does not authorize recording in the case of a subdivision, nor the issuance of a zoning or construction permit in the case of a site plan, together with the signature of the Chairman and Secretary of the Township Land Use Board.
5.
Preliminary approval of a subdivision plat or site plan shall confer
upon the applicant the following rights:
a.
That the general terms and conditions on which approval were granted
shall not be changed for a three (3) year period from the date of
preliminary approval, unless modified by ordinance with respect to
public health or public safety objectives pursuant to N.J.S.A. 40:55D-49a.
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 preliminary subdivision or site plan.
c.
That the applicant may apply for and the Land Use 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 the design standards have been revised
by ordinance, such revised standards may govern as provided in N.J.S.A.
40:55D-49c.
d.
In the case of a subdivision of or site plan for an area of fifty
(50) acres or more the Land Use Board may grant the rights referred
to in Subsections B5a, B5b and B5c of this Section for such period
of time, longer than three (3) years, as provided for in N.J.S.A.
40:55D-49d.
6.
That the Land Use Board may grant extensions of said preliminary
approval pursuant to Subsections B5c and B5d of this Section subject
to the provisions of N.J.S.A. 40:55D-49e and f.
A.
Except as otherwise provided in Section 35-13.7E of this chapter, a developer seeking final approval of a major subdivision, site plan or planned development shall, with the knowledge of the zoning administrative officer, submit six (6) paper prints of the final plan, together with original and processed tracings as required by the Map Filing Law in the case of subdivisions, along with a completed application form, to the Land Use Board administrative officer at least ten (10) days prior to a regularly scheduled Land Use Board meeting.
B.
The Land Use Board, at its next regularly scheduled meeting, shall
determine, on the basis of advice from the Board's administrative
officer and its professional staff and/or the Township Engineer, that
the application is complete and properly submitted as of that date,
or that the application is incomplete, as provided in N.J.S.A. 40:55D-10.3,
in which latter case the applicant shall be notified in writing of
the deficiencies therein by the Board or the Board's designee for
the determination of completeness within forty-five (45) days of the
applicant's initial submission as to the additional information or
materials required. The applicant may request that one or more of
the submission requirements be waived, in which event the Board or
its designee shall grant or deny the request within forty-five (45)
days.
The Board may subsequently require correction of any information
found to be in error and submission of additional information not
specified in this chapter or any revisions in the accompanying documents,
as are reasonably necessary to make an informed decision as to whether
the requirements have been met. The application shall not be deemed
incomplete for lack of any such additional information or any revision
in the accompanying documents so required by the Board.
C.
Final approval of a major subdivision, site plan or planned development shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with including the conditions of Section 35-13.3B2 of this chapter, as applicable, with respect to a planned development. Annotation indicating approval shall be placed on each plat or plan, together with the signatures of the Chairman and the Secretary of the Land Use Board.
D.
An application for final approval shall be granted or denied within
forty-five (45) days from the date it is determined to be complete
or within such further time as may be consented to by the applicant.
Otherwise, the Land Use Board shall be deemed to have granted final
approval, and a certificate of the Land Use Board administrative officer
as to the failure of the Land Use Board to act shall be issued on
request of the applicant.
E.
Final approval of a major subdivision shall expire ninety-five (95)
days from the date of signing the plat unless within such period the
plat shall have been duly filed by the developer with the County Clerk.
The Land Use Board, for good cause shown, may extend the period of
recording for an additional period, not to exceed one hundred ninety
(190) days from the date of the signing of the plat. The Land Use
Board may extend the ninety five (95) or one hundred ninety (190)
days as provided by N.J.S.A. 40:55D-54.
F.
The Land Use Board is authorized pursuant to N.J.S.A. 40:55D-51 to
grant exceptions from the requirements for subdivision or site plan
approval and to simultaneously review and approval or deny conditional
uses or site plans with review of subdivision approval.
G.
Final approval of a major subdivision, site plan or planned development
shall confer upon the developer the following rights:
1.
Zoning requirements applicable to the preliminary approval first granted and all rights conferred upon the developer as set forth in Section 35-13.3B4, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval, 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 in accordance with the expiration provisions set forth in Section 35-13.4E. If the developer has followed the standards prescribed for final approval, and in the case of a major subdivision has duly recorded the plat as required herein, the Land Use Board may extend for such period of protection for extensions of one (1) year, but not to exceed three (3) such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Section 35-13.3B4 for any portions granted final approval.
2.
In the case of a subdivision or site plan for a planned development or residential cluster of fifty (50) acres or more, or a conventional subdivision or site plan of one hundred fifty (150) acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Land Use Board may extend the period of protection granted under Section 35-13.4G1 as provided in N.J.S.A. 40:55D-52.
3.
That the Land Use Board may grant extensions of final approval pursuant
to Subsections G1 and G2 above subject to the provisions of N.J.S.A.
40:55D-52c and d.
A.
Any developer of a parcel of land greater than one hundred (100) acres in size for which the developer is seeking approval of a planned development pursuant to the provisions of this chapter, may submit a general development plan to the Land Use Board prior to the granting of preliminary approval of that development by the Land Use Board as provided in Section 35-13.3 of this chapter.
B.
The Land Use Board shall grant or deny general development plan approval
within ninety five (95) days after submission of a complete application
to the administrative officer, or within such further time as may
be consented to by the applicant. Failure of the Land Use Board to
act within the period prescribed shall constitute general development
plan approval of the planned development.
C.
A general development plan shall contain all information provided in Section 35-13.11H of this chapter and shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ration for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Land Use Board notwithstanding any provisions of N.J.S.A. 40:55D-1 et seq. or any ordinance or regulation adopted pursuant thereto after the effective date of the approval.
D.
The term of effect of the general development plan approval shall be determined by the Land Use Board using the guidelines set forth in Subsection E below, except that the term of the effect of the approval shall not exceed twenty (20) years from the date upon which the developer receives final approval of the first section of the planned development pursuant to N.J.S.A. 40:55D-1 et seq.
E.
In making its determination regarding the duration of the effect
of approval of the development plan, the Land Use Board shall consider:
the number of dwelling units or amount of nonresidential floor area
to be constructed, prevailing economic conditions, the timing schedule
to be followed in completing the development and the likelihood of
its fulfillment, the developer's capability of completing the proposed
development, and the contents of the general development plan and
any conditions which the Land Use Board attaches to the approval thereof.
F.
In the event that the developer seeks to modify the proposed timing
schedule, such modification shall require the approval of the Land
Use Board. The Land Use Board shall, in deciding whether or not to
grant approval of the modification, take into consideration prevailing
economic and market conditions, anticipated and actual needs for residential
units and nonresidential space within the Township and the region,
and the availability and capacity of public facilities to accommodate
the proposed development.
1.
Except as provided hereunder, the developer shall be required to
gain the prior approval of the Land Use Board if, after approval of
the general development plan, the developer wishes to make any variation
in the location of land uses within the planned development or to
increase the density of residential development or the floor area
ratio of nonresidential development in any section of the planned
development.
2.
Any variation in the location of land uses or increase in density
or floor area ratio approval in reaction to a negative decision of,
or condition of development approval imposed by, the Pinelands Commission
pursuant to N.J.S.A. 13:18A-1 et seq. or the Department of Environmental
Protection pursuant to N.J.S.A. 13:19-1 et seq. shall be approved
by the Land Use Board if the developer can demonstrate to the satisfaction
of the Land Use Board, that the variation being proposed is a direct
result of such determination by the Pinelands Commission or the Department
of Environmental Protection, as the case may be.
G.
Except as provided hereunder, once the general development plan has
been approved by the Land Use Board, it may be amended or revised
only upon application by the developer approved by the Land Use Board
or a developer, without violating the terms of approval pursuant to
this chapter, may, in undertaking any section of the planned development,
reduce the number of residential units or amount of nonresidential
floor space by no more than fifteen percent (15%) or reduce the residential
density or nonresidential floor area ratio by no more than fifteen
percent (15%); provided, however, that a developer may not reduce
the number of residential units to be provided pursuant to N.J.S.A.
52:27D-301 et al. without prior Township approval.
H.
The Land Use Board shall in accordance with the provisions of N.J.S.A.
40:55D-45.7 certify completions of each section of a general development
plan, determine any general development failure to complete or comply,
or determine the termination of a general development plan approval.
I.
In the event that a development which is the subject of an approved
general development plan is completed before the end of the term of
the approval, the approval shall terminate with the completion of
the development. For the purposes of this Section, a development shall
be considered complete on the date upon which a certificate of occupancy
has been issued for the final residential or nonresidential structure
in the last section of the development in accordance with the timing
schedule set forth in the approved general development plan and the
developer has fulfilled all of his obligations pursuant to the approval.
[Ord. No. 594]
A.
Recognizing that certain uses, activities and structures are necessary
to serve the needs and convenience of the Township and, at the same
time, recognizing that such uses may be or may become harmful to the
public health, safety and general welfare, if located or operated
without proper consideration of existing conditions and character
of the surrounding properties, such uses are hereby designated "conditional
uses" and listed as such under the appropriate zone district contained
in the Schedule of District Regulations. In addition to other powers
conferred by this chapter, the Land Use Board shall have the power
to authorize the granting of a permit for a conditional use after
site plan approval and determination that no detrimental environmental
impact will result from the conditional use, under terms and conditions
established and set forth in this chapter and in accordance with the
following general stipulations and guidelines:
1.
The use for which application is being made is specifically authorized
as a conditional use in the Schedule of District Regulations for the
district in which it is proposed.
2.
The design, arrangement and nature of the particular use is such
that the public health, safety and general welfare will be protected.
3.
That reasonable consideration is afforded the character of the neighborhood
and the district, the conservation of property values, the avoidance
of congestion of vehicular traffic and the avoidance of any unnecessary
hazards.
4.
That the proposed use conforms to any special regulations set forth
in this chapter for the specific use proposed.
B.
Fifteen (15) copies of an application for a conditional use permit along with site plans of the proposed conditional use as required by Section 35-13.6B2 of this chapter, shall be submitted in accordance with the provisions of Sections 35-13.3 and 35-13.4 of this Article.
1.
Within ninety-five (95) days from the date said application is determined
complete, the Land Use Board shall, by resolution, either approval
or disapproval of the application. Failure of the Land Use Board to
act within the period prescribed shall constitute approval of the
application, and a certificate of the Administrative Officer as to
the failure of the Land Use 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 Clerk for purposes of filing subdivision
plats. A conditional use shall require a public hearing and proper
noticing of adjoining property in the manner prescribed by the New
Jersey Municipal Land Use Law, as currently amended, prior to the
Land Use Board determining whether or not to grant the conditional
use.
2.
In reviewing an application for a conditional use permit, said review shall include site plan review as provided in accordance with Section 35-13.1 of this Article. The Land Use Board shall review applications, including the site plans, in accordance with all standards and regulations of this chapter and as to conformity with the goals, objectives and policies of any adopted Master Plan.
3.
In approving an application, the Land Use Board may impose any modifications
or conditions it deems necessary to carry out the intent of this chapter
or to protect the health, safety and general welfare of the public.
4.
The Land Use Board shall notify the Zoning Officer, in writing, as
to its decision and any special conditions imposed in connection with
the approval actions.
5.
The Zoning Officer shall approve or deny applications for conditional
use permits in accordance with Land Use Board action. All conditional
use permits shall be issued only in accordance with applicable conditions
contained in this chapter or imposed by the Land Use Board. The Land
Use Board administrative officer shall transmit one (1) copy of all
approved and denied applications to the Township Tax Assessor, Zoning
Officer, Construction Code Official and Township Engineer.
A.
Appeals to the Land Use Board may be taken by any person aggrieved
or by any officer, department, board or bureau of the municipality
affected by any decision of the Zoning Officer. Each appeal shall
be taken within the sixty-five (65) day period prescribed by filing
a notice of appeal with the officer from whom the appeal is taken
together with three (3) copies of said notice with the administrative
officer of the Land Use Board. Said notice of appeal shall specify
the grounds for said appeal. The officer from whom the appeal is taken
shall forthwith transmit to the Land Use Board all papers constituting
the record upon which the action appealed from was taken.
B.
Filing.
1.
Applications addressed to the original jurisdiction of the Land Use
Board without prior application to an administrative officer shall
be filed with the administrative officer of the Land Use Board. Eleven
(11) copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than fifteen (15)
days prior to the date set for the hearing, the applicant shall also
file all plot plans, maps or other papers required by virtue of any
provision of this chapter or any rule of the Land Use Board. The applicant
shall obtain all necessary forms from the Secretary of the Land Use
Board. The Secretary of the Board shall inform the applicant of the
steps to be taken to initiate proceedings and of the regular meeting
dates of the Board.
2.
If the applicant is a corporation or partnership, said applicant
shall list the names and addresses of all stockholders or individual
partners owning at least ten percent (10%) of its stock of any class
or at least ten percent (10%) of the interest of a partnership, as
may be the case, as required by N.J.S.A. 40:55D-48.1.
3.
If a corporation or partnership owns ten percent (10%) or more of
the stock of a corporation or ten percent (10%) or greater interest
in a partnership, subject to a disclosure as set forth above, that
corporation or partnership shall list the names and addresses of its
stockholders holding ten percent (10%) or more of its stock or of
ten percent (10%) or greater interest in the partnership, as may be
the case, and this requirement shall be followed by every corporate
stockholder or partner in a partnership, until the names and addresses
of the non-corporate stockholders and individual partners, exceeding
the ownership criterion of ten percent (10%) as set forth in N.J.S.A.
40:55D-1 et seq. have been listed.
4.
Failure to comply with Subsections B2 and B3 above by any corporation
or partnership shall be cause for disapproval of the application.
C.
An appeal stays all proceedings in furtherance of the action in respect
to which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Land Use Board, after the
notice of the appeal shall be filed with him, that by reason of facts
stated in the certificate, a stay would, in his opinion, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed otherwise than by an order of the Superior Court of New Jersey
upon notice to the officer from whom the appeal is taken and on due
cause shown.
A.
Sign permits.
1.
Applications for a sign permit shall be submitted to the Zoning Officer when the sign to be erected or installed is for an existing use or structure and is not part of a development requiring site plan review. The Zoning Officer shall review said application and plans submitted as required by Section 35-8.13 and shall, within two (2) weeks of receipt of the application:
2.
In the case of a sign or signs to be erected or installed as part
of an application for subdivision or site plan approval, the proposed
signs shall be shown on the subdivision plat or site plan and be reviewed
and approved as part of the overall subdivision plat or site plan
by the Land Use Board. The Zoning Officer shall be authorized by the
approval of the subdivision plat or site plan submitted thereto to
issue the appropriate permit(s) for the sign(s) shown on said approved
plat or plan.
A.
At the request of the developer, the Land Use Board shall grant an
informal review of a concept plan for a proposed development for which
the developer intends to prepare and submit an application for development.
The developer shall not be required to submit any fees for such informal
review. The developer shall not be bound by any concept plan for which
review is requested, and the Land Use Board shall not be bound by
any such review and/or comments made during same.
B.
Any sketch plats containing proposals and/or designs for drainage,
streets, subdivision layout or site design shall be only for discussion
and informal review and comment. The data included on an informal
submission shall include sufficient basic data to enable the Land
Use Board and the developer to comment upon design concepts, such
as building locations, ingress and egress, parking and major natural
features that will have to be recognized or may influence certain
design criteria, and the prospective developer's basic intent for
provision of water, sewage and stormwater facilities. Informal sketches
to scale of possible plans for development of the area. They are not
binding on the Township or upon the developer and do not necessitate
accurate engineered drawings. The Township or developer bear no liability
resulting from the informal discussion of such concept plans for development
since by their nature they are not actual applications with supporting
documentation and properly drawn and certified plats or plans.
C.
Although the minutes of a meeting of the Land Use Board wherein an
informal discussion was part of the agenda may so note said discussion,
no written findings, conclusions or reports shall be issued by the
Board as a result of an informal discussion.
No development application as defined in this chapter shall
be accepted unless submitted in proper form, and no plat or plan shall
be accepted for consideration unless it conforms to the requirements,
as set forth herein, as to form, content and accompanying information,
and complies with the provisions of the New Jersey Map Filing Law,
as amended. All plats and plans shall bear the signature, seal, license
number and address of the professional authorized to draw same.
A.
Minor subdivision plat. The plat shall be clearly and legibly drawn
and shall be based on a field survey. The plat shall conform to the
requirements, as set forth herein, as to form, content and accompanying
information as well as the provisions of N.J.S.A. 46:23-9.9 et seq.
The plat shall be drawn at a suitable scale to enable the entire tract
to be shown on one (1) sheet and shall show or indicate the following
information:
1.
A key map with North arrow showing the entire development and its
relation to surrounding areas at a scale of not less then one (1)
inch equals two thousand (2,000) feet.
2.
The Township Tax Map sheet, block and lot numbers for the tract and
all adjacent lots, title, graphic scale, date of original drawing
and the date and substance of each revision.
3.
Name and address of the owner, subdivider and person preparing the
plat. If the owner is not the applicant, then the interest of the
applicant and owner's signed consent to the filing of the application.
4.
The names of all adjoining property owners as disclosed by the most
recent tax records.
5.
The signature and seal of a New Jersey licensed land surveyor.
6.
The classification of the zoning district in which the proposed subdivision
is located. If the property lies in more than one (1) zoning district,
the plat shall indicate all the zoning district lines. All front,
side and rear setback lines shall be shown conforming to this chapter.
7.
The legal description and street address, if any, of the subject
property, its entire acreage and the acreage of the area(s) being
subdivided.
8.
All existing and proposed lot lines and any existing lot lines to
be eliminated with said lines certified by a New Jersey licensed land
surveyor.
9.
All existing structures, uses and wooded areas within the portion
to be subdivided and within two hundred (200) feet of the subject
property; also, any isolated trees with a diameter of eight (8) inches
or more measured three (3) feet above ground level on the property
involved.
10.
All streams, lakes and drainage rights-of-way within the limits
of the tract(s) being subdivided and within two hundred (200) feet
thereof, including the location, width and direction of flow of all
streams, brooks and drainage structures; existing natural or man-made
features to be removed or relocated; flood hazard area and floodway
lines, steep slopes in excess of five percent (5%).
11.
The location of any and all wetland areas and required wetlands
transition areas or buffers within the proposed development as required
under the "Fresh Water Wetlands Protection Act Rules" - N.J.A.C. 7:7A,
New Jersey Department of Environmental Protection and Energy and the
wetlands covered under the Pinelands Commission Management Plan; or
letter of interpretation from the N.J.D.E.P. or the Pinelands Commission,
indicating that the proposed activity within the subdivision requires
no wetlands permit or delineation. The Land Use Board may waive this
application requirement upon the recommendation of the Township Engineer,
if the applicant submits a signed statement by a New Jersey licensed
engineer or land surveyor that:
a.
He has personally visited the subject property and conducted
a site investigation as necessary to determine that there are no wetlands
or transition areas on the subject property.
b.
He has examined the subject property on a national wetlands
inventory map.
c.
He has reviewed the soils on the subject property as set forth
in the Cumberland County Soil Survey Map as issued by the United States
Department of Agriculture.
d.
He has certified that there are no wetlands or wetland transition
areas on the subject property.
A copy the applicable wetlands map and soils map of the site
involved, as well as a calculation of the acreage of wetlands and
uplands for each existing and proposed lot shall be submitted in the
event wetlands are located on the site.
12.
All existing and proposed streets, roads, easements and rights-of-way
within and adjoining the proposed subdivision, with existing right-of-way
widths clearly indicated and as proposed in the Township Master Plan.
Existing and proposed driveways or other entrances onto a public street,
street names, existing or proposed sight triangles or other easements
and their purpose shall be shown.
13.
The location and width of all existing or proposed utility easements
in the area to be subdivided.
14.
The location of any existing or proposed open space or recreational
areas within or adjacent to the lots involved in the subdivision.
15.
For any application having a reserve parcel resulting from subdivision
which is capable of being subdivided later and which will have insufficient
road frontage as a result of the proposed subdivision, or which will
require the installation of a new street to allow for subdivision,
the subdivision plat shall show a rough indication of an acceptable
layout of the remainder of the tract to assure that there is no adverse
effect upon the development or provision of access to the remainder
of the tract.
16.
The location of any municipal boundary lines within two hundred
(200) feet of the subdivision.
B.
Minor site plan. A minor site plan shall include the same data as required in Section 35-13.11A herein except that the graphic scale shall not be less than fifty feet to the inch (50' to 1"). All distances shall be in decimals of a foot, and all bearings shall be given to the nearest ten (10) seconds. The error of closure shall not exceed one (1) in ten thousand (10,000). In addition, to the aforementioned data required, the minor site plan shall also show:
1.
Existing schools, special districts and areas proposed for dedication
for public use.
2.
Location of all proposed buildings and all other structures, such
as but not limited to, walkways, fences, culverts, bridges and sidewalks,
with spot elevations of such structures.
3.
The proposed use or uses of land and buildings and the location of
proposed buildings or individual sites, such as in the case of campgrounds,
industrial parks, or office complexes. Such buildings, uses or sites
shall include proposed grades.
4.
The location and design of any off-street parking and loading areas, showing size and locations of spaces, bays, aisles, islands and barriers, and the number of parking and loading spaces. In addition, the plan shall contain information and calculations showing the square footage of each building, total number of employees and of employees in the largest working shift and where applicable, seating capacity of structures, or any other applicable information used to determined the number of parking or loading spaces to be provided for the proposed use as required by Sections 35-8.7 and 35-8.8 of this chapter.
5.
If a sign or signs are to be erected, attached or otherwise located on the site, the site plan shall be accompanied by details and information on the number, size, design and content of any sign or signs as permitted for said site in Section 35-8.13 of this chapter.
7.
The location of existing or proposed of potable water and sanitary
sewer facilities for the site and their suitability for the use proposed
and such other details as may apply to the proposed improvements or
change of use as necessary to reasonably determined the suitability
of the site for the use proposed and the requirements of this chapter.
C.
Preliminary major subdivision plat. The preliminary plat shall be clearly and accurately drawn or reproduced at a suitable scale. Preliminary plats shall be designed in accordance with the provisions of Article 35-11 of this chapter and shall show or be accompanied by the following information:
1.
The plat shall have a graphic scale of not less than one (1) inch
equals one hundred (100) feet and be based on a certified boundary
survey and drawn by a New Jersey licensed land surveyor with design
improvements drawn by a New Jersey licensed professional engineer.
Sheet sizes shall be of thirty by forty-two (30 x 42) inches; twenty-four
by thirty-six (24 x 36) inches, fifteen by twenty-one (15 x 21) inches,
or eight and one-half by thirteen (8 1/2 x 13) inches. If more
than one (1) sheet is required to show the entire subdivision, a separate
composite map shall be drawn showing the entire subdivision and listing
the sheets on which the various sections thereof are shown.
2.
The plat shall have a key map with North arrow, showing the entire
subdivision in relation to the surrounding area, including the names
of principal roads, and at a scale of not less than one (1) inch equals
two thousand (2,000) feet.
3.
Title block with the name of the subdivision; any development names
previously associated with the application; the name of the municipality;
Township Tax Map sheet, block and lot numbers; date of preparation
and most recent revision; meridian; graphic scale; the names, addresses
and telephone numbers and signatures of the owner, subdivider and
person(s) who prepared the plat(s), including the seal(s) of the latter
affixed to the applicable plat sheets. If the subdivision is not the
owner of the subject property, the plat shall be accompanied by a
statement indicating the interest of the applicant.
5.
The names of property owners within two hundred (200) feet of the
extreme limits of the subdivision as disclosed by the most recent
Township tax records.
6.
Tract acreage to the nearest one thousandth (0.001) of an acre; the
number of new lots, each lot line dimension, scaled to the nearest
foot; and each lot area, to the nearest square foot.
7.
Zoning districts and zoning district lines in which the subdivision
is located and/or abuts.
8.
Existing and proposed contours at two (2) foot intervals. All elevations
shall be related to a bench mark noted on the plan and wherever possible
shall be based on U.S.G.S. mean sea level datum or approved local
datum. Contours should show existing ground elevations and proposed
elevations in areas to be re-graded.
9.
Location of existing natural features, such as soil types, slopes
exceeding five percent (5%), wooded areas, scenic views within the
development, and the location of individual trees outside wooded area
having a diameter of six (6) inches or more measured five (5) feet
above the current ground level.
10.
Existing and proposed streams, lakes, ponds, and bog or marsh
areas accompanied by the following data:
a.
When a running stream with a drainage area of one half (1/2)
square mile or greater is proposed for alteration, improvement or
relocation, or when a structure or fill is proposed over, under, in
or along such running stream, evidence of approval, required alterations,
lack of jurisdiction or denial of the improvement by the New Jersey
Department of Environmental Protection and Energy, Bureau of Flood
Plain Management, Division of Coastal Resources, shall accompany the
plat.
b.
Cross-sections and profiles of watercourses at an appropriate
scale showing the extent of the flood fringe area, top of bank, normal
water level and bottom elevations at the following locations:
(1)
All watercourses within or adjacent to the development and at
any point where a watercourse crosses a boundary of the development
(profile and cross-section).
(2)
At fifty (50) foot intervals for a distance of three hundred
(300) feet upstream and down-stream of any existing or proposed culvert
or bridge within the development (cross-section and profile).
(3)
At a maximum of one hundred (100) foot intervals, but at not
less than two (2) locations, along each watercourse which runs through
or adjacent to the development (cross-section and profile).
(4)
When ditches, streams, brooks or watercourses are to be altered,
improved or relocated, the method of stabilizing slopes and measures
to control erosion and siltation during construction as well as typical
ditch sections and profiles shall be shown on the plan or accompany
it.
c.
The total upstream acreage in the drainage basin of any watercourse
running through or adjacent to the development. For flowing streams,
small-scale watershed maps developed from the U.S.G.S. sheets shall
be submitted.
d.
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage in that portion of the development
which drains to the structure.
e.
The location and extent of all existing and proposed drainage
and conservation easements and flood hazard areas and floodway lines.
f.
The location, extent and water level elevation of all existing
or proposed lakes or ponds on or within three hundred (300) feet of
the development.
g.
Plans and computations for any storm drainage systems, including
the following:
(1)
All existing and proposed storm sewer lines within or in lands
or roads adjacent to the development and for all required off-site
or off-tract drainage improvements showing size, profile and slope
of lines, direction of flow and the location of each catch basin,
inlet, manhole, culvert and head wall.
(2)
The location and extent of any proposed dry wells, groundwater
recharge basins, retention basins, flood control devices, sedimentation
basins, or other water conservation devices.
11.
The names, locations and dimensions, including cartway and right-of-way
widths, of all existing streets within a distance of two hundred (200)
feet of the boundaries of the development, existing driveways and
any connections from proposed streets, sidewalks and bike routes in
the development to any adjoining street(s), sidewalk(s) or bike route(s)
and what off-site extensions, if any, will be made to nearby arterial
and collector streets as those streets are shown on the adopted Township
Master Plan.
12.
The names, locations, paved widths, rights-of-way widths and
purpose(s) of existing and proposed easements, driveways and other
rights-of-way in the proposed subdivision. The text of any deed restrictions
and the description of all existing and tentatively proposed easements
shall accompany the plat. A copy of any existing or proposed protective
covenants or deed restrictions applying to the land being subdivided.
13.
All proposed lot lines, and all existing lot lines to remain
and those to be eliminated. All setback lines required by this chapter
with the dimensions thereof and any municipal boundary line where
the boundary is within the tract or within two hundred (200) feet
of the tract. All lot(s) to be reserved or dedicated to public use
shall be identified. Each block shall be numbered, and the lots within
each block shall be numbered consecutively beginning with the number
"1."
14.
Locations of all existing structures and their use(s) in the
tract and within two hundred (200) feet thereof, showing existing
and proposed front, side and rear yard setback distances, structures
of potential historic significance and an identification of all existing
structures and uses to be retained and those to be removed.
15.
Plans and profiles of proposed improvements and utility layouts
(sanitary sewers, storm sewers, erosion control, excavation, etc.)
showing location, size, slope, pumping stations and other details
as well as feasible connections to any existing or proposed utility
systems. If private utilities are proposed, they shall comply fully
with all municipal, county and State regulations. If service will
be provided by an existing utility, a letter from that utility, shall
be submitted stating that the service will be available before occupancy
of any proposed structures requiring such service. When on-site water
or sewage disposal is proposed, the proposed location of the well
and the location, results of percolation tests, and sufficient information
to assure that the grading plan for the major subdivision will be
maintained as a result of such on-site utility location. In a case
where the exact location of such on-site utilities is not known, the
preliminary plat shall contain a note stipulate that the integrity
of the final grading plan for the major subdivision shall be maintained.
16.
Identification of an area to be reserved for public use and acceptable to Township recreational purposes, approved by the Land Use Board, comprising not less than fifteen percent (15%) of the land area to be developed. Such lands, when approved by the Land Use Board, constitute an amendment to the Master Plan of the Township and will be reserved for a period of one (1) year from the date of preliminary approval, during which the Township may institute acquisition procedures. In the case of any major subdivision involving twenty (20) for more lots, the location and other information required as per Section 35-11.4T of this chapter.
17.
A landscaping and buffering plan showing any existing or proposed buffered areas and the proposed landscaping to be undertaken within the subdivision including the planting of shade trees and typical lot landscaping. The plan shall show what existing or natural vegetation will remain and what will be planted including shade trees, indicating names of plants and trees with dimensions, appropriate time of planting and method of planting in detail. The plan shall indicate compliance with Section 35-8.5 of this chapter dealing with clear cutting.
18.
A lighting plan indicating any existing or proposed street lighting
to be installed as well as the location and design of proposed lighting
for buildings, signs or grounds. The location of poles, distance from
intersections and illumination factors for all street lighting shall
be provided.
19.
An itemization of all improvements to be made to the site as required by Articles 35-8, 35-9, 35-10 and 35-11 of this chapter, and such other improvements on-site, off-site and off-tract as the public interest may require, together with a listing of the work and materials to be used in installing such improvements, including estimated quantities so that the Municipal Engineer may formulate a performance guaranty estimate.
20.
Details, locations and information on any proposed signs to be erected, constructed or to be placed anywhere on the property involved in accordance with the provisions of Section 35-8.13 of this chapter.
21.
In the case of a cluster development, the preliminary plat shall
be accompanied by a set of detailed development plans showing density
patterns, site design, open land designations, building locations,
utilities and other improvements and landscaping proposals.
22.
An environmental impact statement which shall address the existing conditions at the site and the effect of the proposed development upon those conditions, including any adverse environmental impacts on existing conditions that will occur as a result of the proposed development either on-site or off-site and the way the applicant proposes to eliminate, reduce or offset such adverse impacts. The conditions to be addressed in the impact statement shall include, but are not limited to, the following: topography, geology, hydrology, soils, vegetation and wildlife and their habitats and including endangered and/or threatened, archaeological, historic, cultural significant areas or structures in accordance with the provisions of Section 35-11.4K, scenic vistas, groundwater supply and quality, surface water supply and quality, air quality, and any other conditions required to be addressed by the Land Use Board.
The Land Use Board may at its discretion where deemed appropriate,
reduce the conditions to be included in any environmental impact statement
for a particular development application where such information is
not deemed necessary. Unless specifically waived by the Land Use Board,
the environmental impact statement shall include and address all items
set forth herein this Subsection C22.
23.
The location of any and all wetland areas and required wetlands
transition areas or buffers within the proposed development as required
under the "Fresh Water Wetlands Protection Act Rules" - N.J.A.C. 7:7A,
New Jersey Department of Environmental Protection and Energy and wetlands
covered under the Pinelands Comprehensive Management Plan or letter
of interpretation from the N.J.D.E.P. or the Pinelands Commission,
indicating that the proposed activity within the subdivision requires
no wetlands permit or delineation. The Land Use Board may waive this
application requirement upon the recommendation of the Township Engineer,
if the applicant submits a signed statement by a New Jersey licensed
engineer or land surveyor that:
a.
He has personally visited the subject property and conducted
a site investigation as necessary to determine that there are no wetlands
or transition areas on the subject property.
b.
He has examined the subject property on a national wetlands
inventory map.
c.
He has reviewed the soils on the subject property as set forth
in the Cumberland County Soil Survey Map as issued by the United States
Department of Agriculture.
d.
He has certified that there are no wetlands or wetland transition
areas on the subject property.
A copy the applicable wetlands map and soils map of the site
involved, as well as a calculation of the acreage of wetlands and
uplands for each existing and proposed lot shall be submitted in the
event wetlands are located on the site.
24.
Provision of information on compliance with waste management requirements as contained in Section 35-11.4AD of this chapter.
25.
If the proposed subdivision is located within the Pinelands Protection Area, in addition to the details outlined above, the applicant shall modify said details or information or provide additional information or details as specified in Article 35-10 of this chapter.
26.
In the case of a development for which a homeowners association is required as per Section 35-11.4L of this chapter, the site plan shall be accompanied by such information as will permit the Land Use Board to make detailed findings concerning the ability of the association to adequately perform the functions for which it is designed. Information to be submitted by the applicant in this regard and subject to approval or revision is as follows:
a.
The time when the association is to be created in relation to
the project's timetable.
b.
Mandatory or automatic nature of membership in the organization
by a resident and his successor(s) as well as the Township.
c.
Permanency of common, buffer, open space and recreational areas
or drainage improvement areas' protective covenants.
d.
Liability of the organization for insurance, taxes and maintenance
of all facilities
e.
Provisions made for pro rata sharing of costs and assessments
f.
Capacity of the organization to administer common facilities
and preserve the benefits of the common, buffer, or open space and
recreational areas or drainage improvement facilities.
g.
The restrictions, covenants and other devices establishing the
automatic membership in the association and the responsibilities of
that membership.
D.
Preliminary major site plan.
1.
Every preliminary site plan shall be at a minimum of one (1) of the
following graphic scales: one (1) inch equals ten (10) feet, twenty
(20) feet, thirty (30) feet, forty (40) feet or fifty (50) feet. The
preliminary plat shall be based on a land survey certified by a New
Jersey licensed land surveyor and the site plan certified by a licensed
New Jersey professional authorized by law to perform such work. The
site plan shall be submitted on one (1) of the four following standard
sheet sizes: eight and one half by thirteen (8 1/2 x 13) inches,
fifteen by twenty-one (15 x 21) inches, twenty-four by thirty-six
(24 x 36) inches, or thirty by forty-two (30 x 42) inches. If one
(1) sheet is not sufficient to contain the entire territory, a separate
composite map shall be drawn showing the entire development and listing
the sheets on which the various sections are shown. The site plan
shall include the following data:
a.
All lot lines and the exterior boundaries of the tract, and
if applicable, delineation of that portion of the tract which is the
subject of the development and site plan review;
b.
North arrow;
c.
Zone district(s) in which the lot(s) involved is located or
is adjacent;
d.
Date of the original drawing and each subsequent revision or
amendment thereto;
e.
Existing and proposed street(s) and street name(s);
f.
Existing and proposed contours at two (2) foot intervals throughout
the tract involved and within one hundred (100) feet of any building
or paved area under review;
g.
Title of plan and development name on each sheet;
h.
Watercourse locations on or adjacent to the tract involved;
i.
Total area to one (1) square foot;
j.
Total number of off-street parking and loading spaces to be
provided;
k.
All dimensions, areas and distances needed to confirm conformity
with this chapter such as, but not limited to, building lengths, building
coverage, lot lines, parking spaces, loading spaces, setbacks and
yard dimensions, and buffer areas;
2.
A key map showing the site in relation to all remaining lands in
the present owner's ownership and identifying all roads adjacent to
or within fifty (50) feet of the tract, and any municipal boundary
within one hundred (100) feet of the tract.
3.
Site plan information. Each site plan shall contain all site improvements
as drawn by a New Jersey licensed professional engineer and shall
have the following information shown thereon or annexed thereto to
comply with the applicable provisions of this chapter:
a.
Building and use plan. The size, height, location, arrangement
and use of all existing or proposed buildings or structures, including
a New Jersey licensed architect's sealed elevations of the front,
side and rear of any structures; and all signs to be erected, constructed,
placed on-site or modified; to the extent necessary to appraise the
Land Use Board of the scope of the proposed work, shall be shown.
Any existing structures shall be identified either as to remain or
be removed. A written description of the proposed use (s) and operations(s)
of nonresidential structures(s), including the number of shifts to
be worked and the maximum number of employees on each shift; seating
capacity, expected truck and tractor-trailer traffic; emissions of
noise, glare, vibration, heat, odor and air and water pollution; safety
hazards posed; and anticipated expansion plans incorporated into the
building designs. Floor plans shall be submitted upon request of the
Land Use Board. Said building and use plan shall be certified by a
New Jersey licensed professional engineer or other professional authorized
by law to provide said information.
b.
Circulation plan. This plan shall show access streets and street
names, acceleration/deceleration lanes, curbs, aisles and lanes, access
points to public streets, sight triangle easements, traffic channelization,
easements, fire lanes, driveways, number and location of off-street
parking and loading spaces, berths and/or docks, pedestrian walkways,
customer service areas and all other related facilities for the movement
and storage of goods, vehicles and persons to, from and on the site
and all improvements related thereto including lights, lighting standards,
signs, driveways, curbing and street furniture within the tract and
within one hundred (100) feet of the tract. Sidewalks shall be shown
from each entrance/exit along expected paths of pedestrian travel,
such as, but not limited to access to parking areas, driveways, streets,
other buildings on the site and across common yard areas between buildings.
Plans shall be accompanied by cross-sections and profiles of new streets,
aisles, lanes, driveways and sidewalks. Any expansion plans for the
proposed use shall show feasible off-street parking and loading area
expansion commensurate with building and/or site use expansion.
c.
Natural resource plan. This plan shall show the locations, details and method of planting and maintaining: existing and proposed wooded areas; buffer areas including the intended screening devices and buffers; grading at two (2) foot intervals inside the tract and within fifty (50) feet of its boundaries; a landscaping plan for the site including all areas to be seeded or sodded; ground cover; retaining walls; fencing; signs; recreational or open space areas; shrubbery and trees to be planted with details on method of planting and specifications for the vegetation to be used, means of protecting existing vegetation to be retained on-site during construction; and any other landscaping items including yard furniture and lighting. These plans shall show the location and type of man-made improvements and the location, species and caliper of plant material and trees utilized on the tract and identify any species tree located on the tract. All portions of the tract not utilized by building or impervious surfaces shall be landscaped using combinations of landscaped fencing, shrubbery, trees, lawn, ground cover, existing or new vegetation or other natural materials to maintain and reestablish the tone of the area and less the impact of the structures and impervious surfaced areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. All new vegetation proposed shall be native vegetation to the area to the greatest extent possible and the applicant shall comply with the provisions of Section 35-11.4AA. For applications in the Pinelands Area, the landscaping plan shall incorporate the elements set forth in Section 35-11.4AA5 of this chapter.
d.
Facilities plan. This plan shall show the existing and proposed
location of all drainage and stormwater runoff facilities; open space
or buffer areas; common property; fire hydrants; gas, electric, telephone,
cable television, sewerage and water lines locations; and solid waste
collection and disposal methods, including proposed grades, sizes,
capacities and materials and/or equipment to be used for said facilities
or areas installed by the developer.
Installations by utility companies need only show their locations on the plan. All easements acquired or required on the tract or across adjacent properties shall be shown, and copies of legal documentation that support the granting of the easement(s) by an adjoining property owner shall be included. All proposed lighting for the entire tract shall be shown, including the direction, angle, height, reflection of each source of light, and the light intensity. All utilities shall be installed underground. All required State and Federal approvals for environmental considerations shall be submitted prior to preliminary approval or be condition of final approval. Drainage facilities shall include facilities to comply with stormwater runoff provisions of Section 35-11.4W of this chapter. The method of sewage treatment and solid waste disposal proposed for the site shall be shown and be in compliance with Section 35-11.4 of this chapter. Percolation and soil boring tests shall be provided and their location shown on the plan from sufficient locations on the site to allow a determination of the adequacy for the drainage and sewage treatment systems if on-site, proposed.
e.
Environmental impact statement. An environmental impact statement which shall address the existing conditions at the site and the effect of the proposed development upon those conditions, including any adverse environmental impacts on existing conditions that will occur as a result of the proposed development either on-site or off-site and the way the applicant proposes to eliminate, reduce or offset such adverse impacts. The conditions to be addressed in the impact statement shall include, but are not limited to, the following: topography, geology, hydrology, soils, vegetation and wildlife and their habitats and including endangered and/or threatened, archaeological, historic, cultural significant areas or structures in accordance with the provisions of Section 35-11.4K, scenic vistas, groundwater supply and quality, surface water supply and quality, air quality, and any other conditions required to be addressed by the Land Use Board.
The Land Use Board may at its discretion where deemed appropriate,
reduce the conditions to be included in any environmental impact statement
for a particular development application where such information is
not deemed necessary. Unless specifically waived by the Land Use Board,
the environmental impact statement shall include and address all items
set forth herein.
In addition to the environmental impact statement shall contain
the location of any and all wetland areas and required wetlands transition
areas or buffers within the proposed development as required under
the "Fresh Water Wetlands Protection Act Rules" -
N.J.A.C. 7:7A, New Jersey Department of Environmental Protection
and Energy; or letter of interpretation from the N.J.D.E.P. indicating
that the proposed activity within the subdivision requires no wetlands
permit or delineation. The Land Use Board may waive this application
requirement upon the recommendation of the Township Engineer, if the
applicant submits a signed statement by a New Jersey licensed engineer
or land surveyor that:
(1)
He has personally visited the subject property and conducted
a site investigation as necessary to determine that there are no wetlands
or transition areas on the subject property.
(2)
He has examined the subject property on a national wetlands
inventory map.
(3)
He has reviewed the soils on the subject property as set forth
in the Cumberland County Soil Survey Map as issued by the United States
Department of Agriculture.
(4)
He has certified that there are no wetlands or wetland transition
areas on the subject property.
A copy of the applicable wetlands map and soils map of the site
involved, as well as a calculation of the acreage of wetlands and
uplands for each existing and proposed lot shall be submitted in the
event wetlands are located on the site.
f.
In the case of a townhouse, apartment or multi-family development,
five (5) copies of a housing market analysis which shall describe
and demonstrate the need for said proposed project in terms of the
regional housing market shall be submitted. Said analysis shall include
data and information on vacancy rates, cost, type and location of
housing within the Township and the regional. Such analysis shall
clearly indicate how it will meet a need reasonably shown to exist
by the analysis submitted for the type and cost of housing proposed.
g.
In the case of a development for which a homeowners association is required as per Section 35-11.4L of this chapter, the site plan shall be accompanied by such information as will permit the Land Use Board to make detailed findings concerning the ability of the association to adequately perform the functions for which it is designed. Information to be submitted by the applicant in this regard and subject to approval or revision is as follows:
(1)
The time when the association is to be created in relation to
the project's timetable.
(2)
Mandatory or automatic nature of membership in the organization
by a resident and his successor(s) as well as the Township.
(3)
Permanency of common, buffer, open space and recreational areas
or drainage improvement areas' protective covenants.
(4)
Liability of the organization for insurance, taxes and maintenance
of all facilities.
(5)
Provisions made for pro rata sharing of costs and assessments.
(6)
Capacity of the organization to administer common facilities
and preserve the benefits of the common, buffer, or open space and
recreational areas or drainage improvement facilities.
(7)
The restrictions, covenants and other devices establishing the
automatic membership in the association and the responsibilities of
that membership.
h.
A survey of the subject property certified by a New Jersey licensed
land surveyor.
E.
Final subdivision plat. The final plat shall be drawn in ink on tracing
cloth or its equivalent at a scale of not less than one(1) inch equals
fifty (50) feet and compliance with all the provisions of the New
Jersey "Map Filing Law," as amended. The final plat shall be submitted
in the following form: the original or equivalent duplicate, one (1)
translucent tracing cloth or its equivalent copy, two (2) cloth prints
and ten (10) black on white prints.
The final plat shall show or be accompanied by only the following
information and those details as specified in the aforementioned New
Jersey Map Filing Law and as follows:
1.
Date, name and location of the subdivision; name of the owner, graphic
scale; reference meridian, North arrow, and a key map.
2.
The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the purposed use of sites other than
residential shall be noted.
3.
Minimum building setback lines on all lots and other sites.
4.
Names of owners and adjoining non-subdivided land.
5.
Signature blocks for the Land Use Board, Township Engineer and all
other endorsements required by law.
6.
Tract boundary lines; municipal boundary line if within two hundred
(200) feet of the tract being subdivided; street names; all lot lines
and other site lines with accurate dimensions, bearing or deflection
angles and radii, arcs and chord bearings and distances of all curves
based on an actual survey by a land surveyor licensed to practice
in the State of New Jersey, with minimum building setback lines and
the area of each lot shown to the nearest square foot. All dimensions,
both linear and angular, of the exterior tract boundaries shall be
based on and calculated from surveyed traversing which shall have
an apparent error of field closure of one to ten thousand (1:10,000)
or better and shall be corrected by accepted balancing methods to
final errorless closure; all final exterior and lot boundaries shall
be similarly balanced to final errorless closure. All dimensions,
angles and bearings given on the map must be referred to by at least
three (3) permanent monuments which shall be indicated on the map.
7.
Block and lot numbers in accordance with established standards and
in conformity with the Township tax maps, as approved by the Township
Tax Assessor, and all street numbers where appropriate shall be designated
as specified by the Land Use Board.
8.
Plans, cross-sections, profiles and established grades of all streets
and easements as approved by the Township Engineer.
9.
Plans and centerline profiles of all storm and sanitary sewers and
water mains as approved by the Township Engineer.
10.
Location and description of all monuments as required by this
chapter and the New Jersey Map Filing Law.
11.
By separate exhibit, information regarding required improvements
and detailing the stage of completion of installing said improvements,
including the following certifications:
a.
By a New Jersey licensed professional land surveyor as to the
accuracy of the plat and of the surveyed dimensions.
b.
That the applicant is agent or owner of the land, or that the
owner has given consent under an option agreement or contract of sale.
c.
Approval of the Township Engineer.
d.
Appropriate local, county, regional and State or Federal approvals
. In the case of subdivisions in the Pinelands Protection Area, the
approval of the Executive Director of the Pinelands Commission.
e.
By the Township Tax Collector that all taxes are paid to date.
f.
Other certifications that may be required by law.
12.
For phased or staged developments, only those portions for which
approval is being requested and have been granted preliminary approval
shall be shown on the final plat.
F.
Final site plan. The final site plan shall include all data required on the preliminary site plan drawn to incorporate all changes required as a condition of preliminary approval and drawn by persons and to specifications as required for a preliminary plan. To the extent applicable, the final site plan shall be accompanied by the same certifications as required by Section 35-13.11E11 and shall also comply with Section 35-13.11E12 with regard to a phased development.
G.
Site plan for signs. Unless otherwise provided in this chapter, an
application for sign permit shall be accompanied by a sign site plan
of the proposed sign(s) which shall show the following:
1.
Name, address and telephone number of the applicant, the person preparing
and/or constructing the sign(s) and the person erecting or locating
the sign(s).
2.
Location of the building, the structure and/or the lot to which the
sign is or is to be erected, attached or located.
3.
A scaled drawing showing the size of the existing or proposed sign;
the location of the sign on the building to which it is to be attached,
or on the property on which it is to be place (in which case setback
dimensions shall be shown); the materials to be utilized in the construction
of the sign, including whether or not the sign will be illuminated
and details of said illumination including intensity of light and
type of lighting to be utilized; and the message, lettering, artwork,
illustrations, photographs, color and appurtenances or other items
to be placed or shown on the sign(s) or as part thereof.
4.
In the case of signs to be erected, constructed or placed on property
or attached to structures not belonging to the applicant, evidence
of the property or structure owner's approval and permission for the
locating of said sign(s).
5.
Such other information as reasonably required by the approving authority
in order to make a decision as to the approval of the sign based on
the provisions of this chapter.
H.
General development plan. A general development plan to be submitted pursuant to the provisions of Section 35-13.5 of this chapter shall contain or be accompanied by the following:
1.
A general land use plan at a scale of not less than one (1) inch
equals one hundred (100) feet indicating the tract area and general
locations of the land uses to be included in the planned development.
The total number of dwelling units and amount of nonresidential floor
area to be provided and proposed land area to be devoted to residential
or nonresidential uses shall be set forth. In addition, the proposed
types of nonresidential uses to be included in the planned development
shall be set forth, and the land area to be occupied by each proposed
use shall be estimated. The density and intensity of use of the entire
planned development shall be set forth, and a residential density
and a nonresidential floor area ratio shall be provided;
2.
A circulation plan showing the general location and types of transportation
facilities, including facilities for pedestrian access within the
planned development and any proposed improvements to the existing
transportation system outside the planned development;
3.
An open space plan showing the proposed land area and general location
of parks and any other land areas to be set aside for conservation
and recreational purposes and a general description of improvements
proposed to be made thereon, including a plan for the operation and
maintenance of parks and recreational lands;
4.
A utility plan indicating the need for and showing the proposed location
of sewage and water lines, any drainage facilities necessitated by
the physical characteristics of the site, proposed methods for handling
solid waste disposal; and a plan for the operation and maintenance
of proposed utilities;
5.
A stormwater management plan setting forth the proposed method of
controlling and managing stormwater on the site;
6.
An environmental inventory including general description of the vegetation,
soils, topography, geology, surface hydrology, climate and cultural
resources of the site existing man-made structures or features and
the probable impact of the development on the environmental attributes
of the site;
7.
A community facility plan indicating the scope and type of supporting
community facilities which may include, but not be limited to, educational
or cultural facilities, historic sites, libraries, hospitals, firehouses
and police stations;
8.
A housing plan outlining the number of housing units to be provided
and the extent to which any housing obligation assigned to the Township
pursuant to N.J.S.A. 52:27D-301 et al. will be fulfilled by the development;
9.
A local service plan indicating those public services which the applicant
proposes to provide and which may include, but not be limited to,
water, sewer, cable and solid waste disposal;
10.
A fiscal report describing the anticipated demand on municipal
services to be generated by the planned development and any other
financial impacts to be faced by the Township or school district as
a result of the completion of the planned development. The fiscal
report shall also include a detailed projection of property tax revenues
which will accrue to the county, municipality and school district
according to the timing schedule provided under Subsection H11 of
this Section, and following completion of the planned development
in its entirety;
11.
A proposed timing schedule in the case of a planned development
whose construction is contemplated over a period of years, including
any terms or conditions which are intended to protect the interests
of the public and of the residents who occupy any section of the planned
development prior to the completion of the planned development in
its entirety; and
12.
A municipal development agreement, which shall mean a written
agreement between the Township of Maurice River and the developer
relating to the planned development.
I.
Waivers from plat or plan details. The Land Use Board or other approving
authority upon written request of the applicant, may waive any plat
or plan details required in connection with the provisions of this
Article where it finds that said waived detail is not required in
order to adequately review the plat or plan, is not relevant to the
development activity proposed or the property upon which is located,
and that the waiving of said detail(s) shall not be detrimental to
the adopted Township Master Plan or the provisions of this chapter.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Land
Use Board shall be accompanied by proof that no taxes or assessment
for local improvements are due or delinquent on the property which
is the subject of such application; or, if it is shown that taxes
or assessments are delinquent on said property, any approvals or other
relief granted by the Board shall be conditioned upon either the prompt
payment of such taxes or assessments or the making of adequate provision
for the payment thereof in such manner that the municipality will
be adequately protected.
The Land Use Board shall hold a hearing on each application
for development consistent with the provisions of N.J.S.A. 40:55D-1,
et seq. and this chapter and such hearings shall be conducted according
to the provisions of this Section.
A.
Rules. The Land Use Board shall make rules governing the conduct
of hearings before such bodies which rules shall not be inconsistent
with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have the power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law
(N.J.S.A. 2A:67A-1 et seq.) shall apply.
C.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right to cross examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
E.
Records. The Land Use Board shall provide for the verbatim recording
of the proceedings by stenographic, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request of any interested party at his expense. The Land
Use Board in furnishing a transcript of the proceedings to an interested
party at his expense shall not charge such interested party more than
the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall
be certified in writing by the transcriber to be accurate.
Whenever a hearing on an application for development pursuant
to N.J.S.A. 40:55D-1 et seq. is required, the applicant shall give
notice thereof as follows:
A.
Public notice shall be given by publication in the official newspaper
of the Township at least ten (10) days prior to the date of the hearing.
B.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located in the State and
within two hundred (200) feet in all directions of the property which
is the subject of such hearing, provided that this requirement shall
be deemed satisfied by notice to the (1) condominium association in
the case of any unit owner whose unit has a unit above or below it,
or (2) horizontal property regime, in the case of any co-owner whose
apartment has an apartment above or below it.
1.
Such notice shall be given by serving a copy on the owner as shown
on the said current tax duplicate or his agent in charge of the property
or by mailing a copy thereof by certified mail to the property owner
at his address as shown on the said current tax duplicate. A return
receipt is not required.
2.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept on behalf of the corporation. Notice to a condominium
association, horizontal property regime, community trust or homeowners
association, because of its ownership of common elements or areas
located within two hundred (200) feet of the property which is the
subject of the hearing, may be made in the same manner as to a corporation,
without further notice to unit owners, co-owners or homeowners on
account of such common elements or areas.
C.
Notice of hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to notice required to be given pursuant to Section 35-13.14B of this Article to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.
D.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other county land or situated within two hundred (200) feet of the
subject premises.
E.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
F.
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property which exceeds one hundred fifty (150) acres or five hundred
(500) dwelling units. The notice shall include a copy of any maps
or documents required to be on file with the Township Clerk pursuant
to N.J.S.A. 40:55D-10.
G.
All notices hereinabove specified in this Section shall be given
at least ten (10) days prior to the date fixed for hearing, and the
applicant shall file an affidavit of proof of service with the Land
Use Board.
H.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing; the nature of the matters to be considered; identification
of the property proposed for development by street address, if any,
or by reference to lot and block number as shown on the current tax
duplicate in the Township Tax Assessor's Office; and the location
and time at which any maps and documents for which approval is sought
are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Assessor shall, within seven (7) days after receipt of a request therefore and upon receipt of payment of a fee of twenty five cents ($.25) per name or ten dollars ($10.00), whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Section 35-13.13 of this chapter.
The Land Use Board shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The Land Use Board shall
provide the findings and conclusions through:
A.
A resolution adopted at a meeting held within the time period provided
by N.J.S.A. 40:55D-1, et seq. For action by the Land Use Board on
the application for development; or
B.
A memorializing resolution adopted at a meeting held not later then
forty five (45) days after the date of the meeting at which the Land
Use Board voted to grant or deny approval. Only the members of the
Land Use Board who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution. An action pursuant to N.J.S.A.
40:55D-9 (resulting from failure of a motion to approve an application)
shall be memorialized by resolution as provided above, with those
members voting against the motion for approval being the members eligible
to vote on the memorializing resolution. The vote of any such resolution
shall be deemed to be a memorialization of the action of the Land
Use Board and not to be an action of the Land Use Board; however,
the date of the adoption of the resolution shall constitute the date
of the decision for purposes of mailings, filings and publications
required by subsections h and i of N.J.S.A. 40:55D-10. If the Land
Use Board fails to adopt a resolution or a memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Land Use Board
to reduce its findings and conclusions to writing within a stated
time and the cost of the application, including attorney's fees, shall
be assessed against the Township.
C.
A copy of the decision shall be mailed by the Land Use Board within
ten (10) days of the date of the decision to the applicant, or if
represented, then to his attorney, without separate charge, and to
all who request a copy of the decision for a reasonable fee. A copy
of the decision shall also be filed by the Land Use Board in the office
of the administrative officer. The administrative officer shall make
a copy of such filed decision available to any interested party for
a reasonable fee and make available for public inspection at his office
during reasonable hours.
D.
A copy of the decision shall also be mailed by the Land Use Board
to the Executive Director of the Pinelands Commission, for applications
for development proposed to be located within the Pinelands Protection
Area.
A brief notice of every final decision shall be published in
the official newspaper of the Township. At a minimum, the notice shall
clearly identify the nature of the Board action requested; the public
meeting or meetings at which the matter was heard and decided; and
whether or not the application was granted. Such publication shall
be arranged by the administrative officer of the Land Use Board without
charge to the applicant. Said notice shall be sent to the official
newspaper for publication within ten (10) days of the date of such
decision.
A corporation or partnership applying to Land Use Board for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of twenty five (25) or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least ten percent (10%) of its stock of any class or at least ten percent (10%) of the interest in the partnership, as the case may be. Said disclosure shall be in compliance with the provisions of Section 35-13.7B2 through B4 of this Article.
The following checklists to be used for determining the completeness
of any development application submitted to the approving authority
are hereby adopted by reference and made a part of this chapter:
Checklist A.
|
Minor Subdivision
|
Checklist B.
|
Minor Site Plan
|
Checklist C.
|
Major Subdivision
|
Checklist D.
|
Major Site Plan
|
Checklist E.
|
General Development Plan
|
Checklist F.
|
Preliminary Zoning Permit within a Flood Plain Area
|
Checklist G.
|
Forestry Permit
|
Checklist H.
|
Sign Permit
|
Checklist I.
|
Cultural Resource Review
|
Checklist J.
|
Wireless Local Communications Facilities Application - Supplemental
Information
|
Checklist K.
|
Variance Application
|
Checklist L.
|
(Reserved)
|
Checklist M.
|
Environmental Impact Statement
|
The administrative officer of the Land Use Board or other approving
authority shall provide all applicants for development approval with
a copy of all applicable checklists as noted above for the proposed
development involved. Said checklist(s) shall be completed and submitted
along with all documentation and plans or plats as indicated on said
checklist(s) to the administrative officer at the time of his making
application for development review. The checklist or checklists shall
be used in determining completeness of the application for review
submitted as required by N.J.S.A. 40:55D-10.3.
[1]
Editor's Note: The Checklist can be found at the end of this
Chapter in the Appendix.