No development shall take place within the Township nor shall any land be significantly cleared or altered, nor any use or change in the use of any building or other structure nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, or access ways thereto, be constructed, installed or enlarged, nor shall any building permit, certificate of occupancy or other required permit be issued with respect to any such structure, land or parking area, except in accordance with an approval of such development granted pursuant to this section, unless exempted in § 18-601 and related subsections.
The rules, regulations and standards set forth in this section
shall be considered the minimum requirements for the protection of
the public health, safety and welfare of the citizens of the Township.
However, if the applicant can clearly demonstrate that, because peculiar
conditions pertaining to the subject parcel, the literal enforcement
of this section is impracticable or will exact undue hardship, the
Planning Board may permit such exemption(s) and waiver(s) as may be
reasonable within the general purpose and intent of the rules, regulations
and standards established by this section.
A.
A building permit or certificate of occupancy may be issued if all
improvements have been installed or completed except the finish course
of the road and the Township Engineer warrants that completion of
the road is in the Township's interest after the subdivider has completed
construction of dwellings and structures. The maintenance guaranty
required shall not begin until the finish course has been installed.
B.
The Construction Official may also authorize the issuance of a temporary
certificate of occupancy if the following improvements have been bonded
but not yet installed: landscaping, sidewalks, other similar improvements.
C.
The Planning/Zoning Board when acting upon an application which includes
provisions for low and moderate income housing, shall waive those
portions of the design standards which create barriers to the construction
of low or moderate income housing and which are not necessary to protect
public health and safety.
D.
The following shall not be considered subdivisions within the meaning
of this act, if no new streets are created:
1.
Divisions of land found by the Planning Board, or Subdivision
Committee thereof appointed by the Chairman, to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
2.
Divisions of property by testamentary or intestate provisions;
3.
Divisions of property upon court order; and
4.
Conveyances so as to combine existing lots by deed or other
instrument.
5.
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified by the administrative officer to conform to the
requirements of the municipal development regulations and are shown
and designated as separate lots, tracts or parcels on the tax map
or atlas of the municipality.
[Ord. No. 2010-54; Ord. No. 2016-30]
A.
Single or two family dwelling(s) including accessory uses and/or
structures permitted as of right under applicable zoning districts,
but this shall not limit the requirements for submission and approval
of subdivision plats as otherwise required by Township ordinances.
B.
Provided the change of use is not a change from a residential use
to a nonresidential use or the addition to a residential lot of a
nonresidential accessory use, the change of one permitted use to another
permitted use, or the addition of a permitted accessory use shall
be exempt from the site plan application requirements of this chapter
provided that the change of use does not require any variances.
The change of a residential use to a nonresidential use shall
specifically not be exempt from the site plan requirements of this
chapter and any such change of use shall require the submission of
a change of use application. The change of use application shall be
submitted to the Zoning Officer. If the Zoning Officer determines
that the requested change of use is from a residential to nonresidential
use, then the applicant must submit the following to the Planning
Board for administrative review:
1.
A copy of the site plan;
2.
An executed Site Plan Exemption Checklist, together with all
the items listed in Section A "Administrative Data" of the Site Plan
Exemption Checklist;
3.
An application fee of $250; and
4.
An escrow fee of $1,900.
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The Planning Board Engineer will review the Site Plan Exemption
Checklist to determine whether the application should be exempt from
the full site plan review and approval process.
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If the Planning Board Engineer determines that the application
is exempt, the Planning Board will hold a hearing to give all property
owners within 200 feet the opportunity to comment on the application.
The applicant shall notify all property owners within 200 feet of
the date of the hearing and the nature of the application.
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If the Planning Board Engineer determines that the application
is not exempt then the applicant will be required to apply to the
Planning Board for formal site plan approval.
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C.
An addition of not more than 1,500 square feet to a previously approved
site plan or use, or minor site plan improvements, and which meets
the following requirements:
1.
The use must be a permitted use.
2.
The addition does not result in a variance from the parking
requirements of this chapter.
3.
There shall be no intrusion into any buffer area designated
for that purpose on a previously approved site plan or as required
by this chapter.
4.
There shall be no substantial alterations of the existing drainage
involving construction of new facilities, new grading or construction
to be performed which would substantially change the path, direction
of quantity of surface water flow except as may be approved by the
Township Engineer.
5.
The work involved shall not negate any condition of a previously
approved site plan as created by the approving Board except as set
forth above.
6.
The proposed addition or alteration shall not violate any zoning
ordinance requirements. The Administrative Officer may grant an administrative
site plan approval to an applicant when there exists on the subject
property preexisting conditions which would ordinarily require variances,
so long as the addition or alteration sought does not itself violate
any zoning ordinance or create the need for additional variances.
7.
Other approvals and permits required by law or regulation shall
be obtained and copies submitted to the Administrative Officer.
8.
The property maintenance code and all other applicable ordinances
of the Township of Lakewood shall be fully adhered to.
[Ord. No. 2016-30]
D.
Accessory buildings that are 400 square feet or less, on commercial
properties, provided that the accessory building meets all setback,
height and impervious lot coverage requirements; and the building
will not be used to store hazardous materials as regulated by the
NJDEP for commercial and industrial land uses.
E.
Customary agricultural buildings such as barns, silos, storage sheds
and related structures on an approved farm.
F.
Normal maintenance or replacement such as a new roof, painting, new
siding or similar activity.
H.
All Sukkah and similar temporary structures used for religious purposes.
All subdivisions and/or site plans other than those exempted in § 18-601 and related subsections, shall be formally reviewed except as noted herein in two stages, preliminary and final. Preliminary and final approval may be requested simultaneously or as individual applications.
At the request of the developer, the Planning Board shall grant
an informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
The amount of any fees for such an informal review shall be a credit
toward fees for review of an application for development. The developer
shall not be bound by any concept plan for which review is requested,
and the Planning Board shall not be bound by any such review.
This section is adopted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and subsequent amendments and supplements thereto in order to establish rules, regulations, standards and procedures for approval of all development other than those which are exempted in § 18-601 and related subsections.
A.
Preserve existing natural resources and give proper consideration
to the physical constraints of the land.
B.
Provide for safe and efficient vehicular and pedestrian circulation.
C.
Provide for screening, landscaping, signing and lighting.
D.
Ensure efficient, safe and aesthetic land development.
E.
Provide for compliance with appropriate design standards to ensure
adequate light and air, proper building arrangements, and minimum
adverse effect on surrounding property.
F.
Develop proper safeguards to minimize the impact on the environment
including but not limited to soil erosion and sedimentation and air
and water pollution.
G.
Ensure the provision of adequate water supply, drainage and storm
water management, sanitary facilities, and other utilities and services.
H.
Provide for recreation, open space and public use areas.
I.
The applicant or their agent shall appear at all regular and special
meetings of the Planning Board or Zoning Board whenever the application
is being considered. Failure to appear shall give the Planning Board
or Zoning Board the right to postpone action on the application for
that particular meeting or deny and dismiss the application without
prejudice if applicant or his agent's absence deprives the Planning
Board or Zoning Board of information necessary to make a decision
A.
Filing. The applicant shall initially submit two copies of the required
exhibits as set forth under the appropriate subdivision/site plan
review stage of this article together with the application form, checklist,
applicable ownership forms, and application and escrow fees to the
Board Secretary. Upon receipt of the submission package an administrative
and checklist compliance review letter will be prepared by the Board
Secretary/professional staff within 45 days of the receipt of the
application, with the exception of applications for schools and non-profit
entity, for a not-for-profit use, which shall be prepared by the Board
Secretary/professional staff within 30 days of receipt of the application.
The time for the Board's review shall not begin to run until the receipt
of a certified complete application with the required fee is issued.
B.
Classification. The Planning Board Secretary shall preliminarily
determine whether the Planning Board or Zoning Board of Adjustments
has approval jurisdiction on the application. The Board Secretary
may confer with the Zoning Officer and/or appropriate Board Attorney
or Township Attorney in making this determination. The Planning Board
Secretary shall classify the application as either a minor or major
subdivision. These determinations and classifications by the Secretary
are subject to review and final decision by the respective Boards.
C.
Submission Checklist. § 18-1112 of this chapter shall constitute the official Submission Checklist of the Township, which specifies the information that must accompany all applications under this chapter. No application shall be deemed complete under N.J.S.A. 40:55D-10.3 unless these requirements have been met or waived from same requested by the applicant.
D.
Waiver of Requested Information. The applicant may request a waiver
of a Checklist item in appropriate cases. Request for such waivers
shall accompany the initial submission of the development application,
along with a brief narrative to justify the granting of the requested
waiver.
After the Board or its designee approves/denies the waiver request, a revised submission package shall be submitted to the Board Secretary and shall include 13 sets of development plans. The package will be reviewed for compliance to the Administrative and Checklist Compliance within 45 days of receipt of the package or 30 days as noted in § 18-603 and related subsections.
E.
Completeness. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the above. In the event that the application is not certified to be complete within 45 days or 30 days as noted in § 18-603 and related subsections of the date of its submission, the application shall be deemed complete upon the expiration of the date of the 45 day or 30 days period noted in § 18-603 and related subsections, for purposes of commencing the applicable time period unless: (a) the application lacks information indicated on the official Submission Checklist as set forth in § 18-1112 of this chapter and provided to the applicant; and (b) the municipal agency has notified the applicant, in writing, of the deficiencies in the application. The applicant must request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days or 30 days as noted in § 18-603 and related subsections.
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that they are entitled
to approval of the application. The municipal agency may subsequently
require correction of information found to be in error and submission
of additional information not specified in the ordinance or any revisions
in the accompanying documents, as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency.
F.
Other information. The Board may require such additional information
not specified in this section, or any revisions in the accompanying
documents, as are reasonably necessary to make an informed decision
as to whether the requirements necessary for approval of the application
for development have been met. The application shall not be deemed
incomplete for lack of any such additional information or any revisions
in the accompanying documents so required by the municipal agency.
G.
Referral. The Board Secretary, upon receipt of a completed application,
shall forward a copy of the application, development plans and pertinent
data to the following:
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Board Engineer
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Board Planner
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Board Attorney
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Environmental Commission
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Board of Fire Commissioners
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Industrial Commission (where applicable)
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Shade Tree Commission (If the application requires the submission of a Tree Protection Management Plan pursuant to § 18-803H)
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Board of Education
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A.
Map Details. All maps or other documents submitted for subdivision
plat or site plan review shall contain the following information in
addition to specific plat/plan details as required for each review
stage noted herein and on the checklist:
1.
Title and location of the property.
2.
Name and address of landowner and applicant. If a corporation is
a landowner or applicant, the principal office and name of president
and secretary shall be included.
3.
Name, address and professional license number and seal of the professional
preparing documents and drawings. All plats or plans, except those
prepared at the sketch stage, shall be signed and sealed by either
a licensed Professional Engineer, Architect, Planner, or Land Surveyor
of the State of New Jersey.
4.
Place for signature of the Chairman and Secretary of the Planning
Board or their designee.
5.
Date of plat and any modifications thereto.
B.
Certifications Required on Plans. (If the plan is being submitted
to the Zoning Board, substitute Zoning Board where applicable)
1.
Minor Subdivisions
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The undersigned hereby declares that they are the owner of the
subject parcel delineated hereon and hereby consent to the filing
of this map.
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Owner
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Owner
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Notary Public
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Date
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APPROVED BY
LAKEWOOD TOWNSHIP PLANNING BOARD
On __________ By Resolution # __________
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Chairperson
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Date
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Secretary
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Date
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Engineer
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Date
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I have carefully examined this map and to the best of my knowledge
and belief find it conforms with the provisions of "The Map filing
Law", resolution of approval and municipal ordinances and requirements
applicable hereto.
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Municipal Engineer
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Date
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This is to certify that the Lakewood Township Planning Board
is the proper authority to approve, and has approved, this map, and
that this map complies with all the provisions of N.J.S.A. 46:23-9.9
known as "The Map Filing Law". This map shall be filed in the Ocean
County Clerk's Office on or before the ______ day of __________, (Insert
Year), which is 190 days from the date the resolution is adopted.
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Secretary
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Date
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2.
Preliminary Major Subdivision and Preliminary and Final Site Plan
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APPROVED BY
LAKEWOOD TOWNSHIP PLANNING BOARD
On __________ By Resolution # __________
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Chairperson
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Date
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Secretary
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Date
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Engineer
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Date
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3.
Final Plat Major Subdivision
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The undersigned hereby declares that they are the owner of the
subject parcel delineated hereon and hereby consent to the filing
of this map.
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Owner
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Owner
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Notary Public
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Date
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APPROVED BY
LAKEWOOD TOWNSHIP PLANNING BOARD
On __________ By Resolution # __________
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Chairperson
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Date
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Secretary
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Date
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Engineer
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Date
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I have carefully examined this map and to the best of my knowledge
and belief find it conforms with the provisions of "The Map filing
Law", resolution of approval and municipal ordinances and requirements
applicable hereto.
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Municipal Engineer
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Date
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I certify that the Lakewood Township Planning Board has approved
this map for filing in the Ocean County Clerk's Office and that it
complies with the provisions of the "Map Filing Law" provided that
this map is filed in the Office of the County Clerk on or before _________________
which date is 95 days after the signing of the map.
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Secretary
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Date
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The monuments shown on this map shall be set within an appropriate
time limit as provided for in the "Municipal Land Use Law," P.L. 1975,
c.291 (C.40:55D-1 et seq.) or local ordinance. I certify that a bond
has been given to the municipality, guaranteeing the future setting
of the monuments shown on this map and so designated.
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Municipal Clerk Date
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Date
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I certify that the Lakewood Township Planning Board has approved
the layout of the streets as shown on this map. However this approval
does not constitute acceptance or in any way obligate the Township
to maintain or exercise jurisdiction over the streets indicated thereon.
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Municipal Clerk Date
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Date
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C.
Expiration of Approval.
1.
Use variance: 10 years (as long as construction commences within
10 year period).
2.
All other approvals, with the exception of General Development Plan
approval as specified in § 18-606D5, shall not expire provided
that construction commences on the premises.
Note: Deed to perfect a minor subdivision must be filed with
County Clerk within 190 days of date of adoption of resolutions of
Board approval.
A.
Information and documents required for other Township codes and ordinances
such as soil erosion and sedimentation plans or storm water management
plans shall be submitted as part of an application for subdivision
approval and may be used to comply with subdivision submission requirements
for particular stages as applicable.
A.
Applicants of planned developments of at least 100 acres comprised
of a minimum of 75 dwelling units, or 150,000 square feet of nonresidential
building area shall have the option of bifurcating preliminary approval
into two phases: Phase One General Development Plan and Phase Two
- Preliminary Approval.
An applicant may seek variances for density, nonresidential
square footage or use at the time of Phase One submission. All other
variances shall be sought at Phase Two.
B.
An applicant for Planned Unit Development (PUD), Planned Residential
Development (PRD), or Planned Industrial Development (PID) approval
shall first submit a General Development Plan (GDP), for approval
by the Planning Board. The GDP shall follow generally the procedures
and submission requirements contained in the New Jersey enabling statutes
of the Municipal Land Use Law, and in this chapter. 15 copies of the
GDP shall be submitted to the Administrative Officer and shall contain
the following information:
1.
A general land use plan at a scale not less than 1" = 200' 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 and nonresidential use 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 the use of the entire planned development
shall be set forth, and a residential density and a nonresidential
floor area ratio shall be provided;
2.
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 conversation
and recreational purposes and a general description of improvements
proposed to be made thereon, including a plan for the operation and
maintenance of said 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 a 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; houses of worship and other religious facilities;
8.
A housing plan outlining the number of housing units to be provided
and the extent to which any housing obligation assigned to the municipality
pursuant to P.L. 1985, c. 222 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 municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection or property tax revenues which will accrue to the County, municipality and school districts according to the timing schedule provided under Subsection 11 of this subsection, and following the 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 subsection of the planned
development prior to the completion of the development in its entirety;
and
12.
A municipal development agreement, which shall mean a written agreement
between a municipality and a developer relating to the planned development.
C.
General Development Plan (GDP) Approval Procedure
1.
Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development shall submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board pursuant to Article VI.
2.
The Planning Board shall grant or deny general development approval
within 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 Planning Board to act within the period
prescribed shall constitute GDP approval of the planned development.
D.
General Development Plan; Timing Schedule; Modification:
1.
If, after the approval of a GDP, the applicant wishes to revise the
timing schedule, or wishes to make any variation in the location of
land uses within the development, or to increase the density of residential
development or the floor area ratio of nonresidential development
in any section of the development, the applicant shall be required
to gain the prior approval of the Reviewing Board, except that the
applicant may reduce the number of residential units or amount of
nonresidential floor space by no more than 15%, or reduce the residential
density or nonresidential floor area ratio by no more than 15% provided,
however, that a applicant may not reduce the number of low and moderate
income residential units to be provided, if any, without the prior
approval of the Reviewing Board, and provided further there shall
be no reduction in the level of improvements, off-tract contributions,
or similar conditions of the General Development Plan (GDP) without
prior approval of the Board.
2.
A revision to the timing schedule shall be reviewed by the Reviewing
Board and the granting or denial of any extensions of time shall be
based on the degree to which matters are judged to be, or to have
been, within the reasonable control of the applicant, or the degree
to which matters may have been beyond the control of the applicant.
3.
Upon acquiring a certificate of occupancy for each section of the
development as set forth in the approved GDP, the applicant shall
notify the Administrative Officer, by certified mail, as evidence
that the applicant is fulfilling his obligations under the approved
GDP. If the Township does not receive such notification at the completion
of any section of the development, the Township shall notify the applicant,
by certified mail, in order to determine whether the terms of the
approved plan are being complied with.
4.
If the applicant does not complete any section of development within
eight months of the date provided for in the approved GDP, or if at
any time the Township has cause to believe that the applicant is not
fulfilling their obligations pursuant to the approved GDP, the Township
shall notify the applicant, by certified mail, and the applicant shall
have 10 days within which to give evidence that they are fulfilling
their obligations pursuant to the approved GDP. The Township thereafter
shall conduct a hearing to determine whether the applicant is in violation
of the approved GDP. If after the hearing, the Township finds good
cause to terminate the approval, it shall provide written notice of
same to the applicant and the approval shall be terminated 30 days
thereafter.
5.
In the event that a applicant who has GDP approval does not apply
for preliminary site plan or subdivision approval for the planned
development which is the subject of the GDP approval within five years
of the date upon which the GDP has been approved by the Reviewing
Board, the Township shall have cause to terminate the approval. For
purposes of this article, the application for preliminary approval
within the five year period as required herein will be satisfied by
submitting one or more applications for one or more sections of a
phased development within this five year period, and will remain in
compliance provided subsequent preliminary plat submissions for further
sections of the development are submitted in a timely manner consistent
with the timing schedule approved as part of the General Development
Plan (GDP).
6.
In the event that a development which is the subject of an approved
GDP is completed before the end of the term of the approval, the approval
shall terminate and the development shall be considered complete on
the date upon which the certificate of occupancy has been issued for
the final residential and nonresidential structure in the last section
of the development in accordance with the timing schedule set forth
in the approved GDP and the applicant has fulfilled all his obligations
pursuant to the approval.
E.
General Development Plan hearing on modifications required.
1.
Except as provided hereunder, the developer shall be required to
gain the prior approval of the Planning Board if, after approval of
the GDP, the developer wishes to make any modification in the location
of land uses within the planned development or to increase the density
of residential development or the floor area ration of nonresidential
development in any section of the planned development.
2.
Any modification in the location of land uses or increase in density
or floor area ratio proposed in reaction to a negative decision of,
or condition of development approval by the New Jersey Department
of Environmental Protection (NJDEP) shall be approved by the Planning
Board if the developer can demonstrate to the satisfaction of the
Planning Board, that the modification being proposed is a direct result
of such determination by the NJDEP.
F.
General Development Plan (GDP) certification upon completion: General
development plan failure to complete or comply: GDP termination of
approval:
1.
Upon the completion of each section of the development as set forth
in the approved GDP, the developer shall notify the Board Secretary
by certified mail as evidence that the developer is fulfilling his
obligations under the approved plan. For the purpose of this section
"completion" of any section of the development shall mean that the
developer has acquired a certificate of occupancy for every residential
unit or every nonresidential structure, as set forth in the approved
GDP. If the municipality does not receive such notification at the
completion of any section of the development, the municipality shall
notify the developer, by certified mail, in order to determine whether
or not terms of the approved plan are being complied with. If a developer
does not complete any section of the development within eight months
of the date provided for in the approved plan, or if at any time the
municipality has caused to believe that the developer is not fulfilling
their obligations pursuant to the approved plan, the municipality
shall notify the developer, by certified mail, and the developer shall
have 10 days within which to give evidence that they are fulfilling
their obligation pursuant to the approved plan. The municipality thereafter
shall conduct a hearing to determine whether the developer is in violation
of the approved plan. If, after such a hearing, the municipality finds
good cause to terminate the approval, it shall provide written notice
of same to the developer and the approval shall be terminated 30 days
thereafter.
2.
In the event that a developer who has General Development Plan (GDP)
approval does not apply for preliminary approval for the planned development
which is subject of that GDP approval within five years of the date
upon which the GDP has been approved by the Planning Board, the municipality
shall have cause to terminate the approval.
3.
GDP satisfactory completion: In the event that a development which
is the subject of an approved GDP is completed before the end of the
term of the approval, the approval shall terminate with the completion
of the development. For the purpose 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 GDP and the developer
has fulfilled all of his obligations pursuant to the approval.
A.
Objectives of Review. Applicants for preliminary approval may submit
for review by the Planning or Zoning Board concept plans for informal
discussions and recommendations. The concept plan shall be reviewed
to determine the proposals compliance with applicable Township ordinances
and the general site design concept, including but not limited use,
location and bulk; buildings and improvements; density; open space;
traffic and pedestrian patterns; and, other general design components.
B.
Concept plans shall be used as a basis for changes and redesign so
as to avoid undue expense and delay in preparing more detailed plans
and specifications in subsequent review stages. The Planning or Zoning
Board shall not be governed by any statutory time limits in its review
of concept plans and it is expressly understood that compliance with
the Board recommendations shall not bind the Board in subsequent deliberations.
C.
The applicant should provide a set of informal plans and applicable
escrow fees.
A.
Minor Subdivision Plat. In addition to the information required for a zoning permit, all minor subdivision plans shall fulfill the information requirements of this section prior to review by the Reviewing Board, which shall be set forth in a Checklist and provided to each applicant. (See § 18-603C) All minor subdivision plats shall be prepared by a New Jersey licensed land surveyor.
C.
Action. The Planning or Zoning Board shall act within 45 days, of
the application being certified as a complete application for a minor
subdivision or within such further time as may be consented to by
the applicant. If a variance is required in conjunction with the minor
subdivision, the Board shall act within 120 days. Failure of the Reviewing
Board to act within the prescribed time period shall constitute approval
of the application.
The Board shall have the right to approve or change the classification
of the subdivision by a majority vote.
D.
If rejected, the reasons for rejection shall be noted in the resolution
adopted by the Board. The Planning or Zoning Board may attach conditions
of approval to any minor subdivision.
E.
Filing with County Recording Officer. If approved as a minor subdivision,
a plat drawn in compliance with Chapter 141 of the Laws of 1960 or
a deed or map signed by the Planning Board or Zoning Board Chairperson
and Secretary shall be filed by the subdivider with the County Recording
Officer and Township Engineer within 190 days from the date on which
the Resolution of Approval was adopted. If not filed within this period
said subdivision approval shall expire unless extended by the Board.
F.
Approved Minor Subdivisions; Municipal Distribution. Before the Construction
Official issues a building permit for the approved minor subdivision,
the applicant shall provide the applicable Board Secretary with a
certificate of filing from the County Clerk's office and eight copies
of the approved subdivision map reflecting the recording data from
the Ocean County Clerk's Office. The Board Secretary shall distribute
copies of the approved subdivision to each of the following:
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Township Engineer
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2 prints
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Tax Assessor
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1 print
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Zoning Officer
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1 print
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Applicant
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1 print
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Planning Board File
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1 print
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Construction Official
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1 print for each lot & block
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G.
Effect of Minor Subdivision Approval. The granting of minor subdivision
approval shall guaranty the zoning requirements and general terms
and conditions, whether conditional or otherwise, upon which minor
subdivision approval was granted, shall not be changed for a period
of two years after the date the adoption of Resolution of Approval;
provided the minor subdivision shall have been duly recorded as provided
herein. Applicants shall be responsible for necessary approvals prior
to development as may be required by other Township codes and ordinances.
A.
Objectives of Review. The preliminary plat shall be reviewed to determine
the acceptability of the detailed design concept and shall be in sufficient
detail to enable the Board to ascertain compliance with the performance
standards and other standards of this section as well as applicable
Township ordinances.
All plans shall fulfill the information requirements of this
section prior to review by the Reviewing Board, which shall be set
forth in a checklist and provided to each applicant.
Applications for Planned Unit Developments or major plans shall
have the option of bifurcating preliminary approval into two phases:
Phase One - General Development Plan, and Phase Two - Preliminary
Approval. An applicant may seek variances for density, nonresidential
square footage or use along with Phase One. All other variances shall
be sought at Phase Two.
D.
Preliminary Plat Review. Within 45 days of the submission to the
Board Secretary of a certified complete subdivision plat application
for 10 lots or less; within 95 days of submission of a certified complete
application for a subdivision application of more than 10 lots; within
120 days if a variance is required; or within such further time as
may be agreed upon by the developer that the Planning Board shall
act upon the application.
F.
Preliminary Plat Hearing. All actions of the Planning Board on preliminary
subdivision plats shall be after a public hearing. Public notice of
an application as provided in this chapter shall be required for all
major subdivision plats. Applicants for major subdivision plats requiring
variances by the Planning Board shall also be required to provide
public notice of application.
G.
Effect of Preliminary Approval. Preliminary approval of a subdivision
plat shall confer upon the applicant the following rights for a three
year period from the date of the preliminary approval:
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed including but not limited to use
requirements, layout and design standards for streets, curbs and sidewalks,
lot size; yard dimension and on-site and off tract improvements; and
any requirements peculiar to the specific subdivision plat. The Township
may modify by ordinance such general terms and conditions of preliminary
approval as they relate to public health and safety.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval, the whole, or a section or
sections of the preliminary subdivision plat or simultaneously with
submission for preliminary approval.
H.
Extension of Preliminary Approval. The applicant may apply for and
the Planning Board may grant extensions on such preliminary approval
for additional periods of at least one year but not to exceed a total
extension of two years provided that if the design standards have
been revised by ordinance, such revised standards may govern.
In the case of a subdivision plat for an area of 50 acres or
more, the Planning Board may grant the rights referred to above for
such period of time, longer than three years, as shall be determined
by the Planning Board to be reasonable taking into consideration (1)
the number of dwelling units and nonresidential floor area permissible
under preliminary approval; (2) economic conditions; and, (3) the
comprehensiveness of the development. The applicant may apply for
thereafter and the Planning Board may thereafter grant an extension
to preliminary approval for such additional period of time as shall
be determined by the Planning Board to be reasonable taking into consideration:
(1) the number of dwelling units and nonresidential floor area permissible
under preliminary approval; (2) the potential number of dwelling units
and nonresidential floor area of the section or sections awaiting
final approval; (3) economic conditions; and, (4) the comprehensiveness
of the development; provided that if the design standards have been
revised, such revised standards may govern.
I.
Approved Preliminary Plat: Municipal Distribution. The Board Secretary
shall distribute copies of the approved preliminary plat with construction
plans to each of the following:
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Township Engineer
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1 print
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Planning Board File
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1 print
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Applicant
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1 print
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Lakewood Fire Co.
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1 print
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C.
Preliminary Plan Review. Within 45 days of receipt by the Planning
Board Secretary of a complete plan application for 10 acres of land
or less and 10 dwelling units or less; or within 95 days of receipt
of a complete application for a plan of more than 10 acres or more
than 10 dwelling units; within 120 days if a variance is required;
or within such further time as may be agreed upon by the developer,
the Planning Board shall act upon the application.
E.
Preliminary Plan Hearing. All actions of the Planning Board on preliminary plans shall be at a public hearing. Public notice of an application as provided in § 18-701 of this chapter shall be required.
F.
Decisions of Planning Board. See § 18-702 of this chapter for decisions on site plan applications under varying procedural conditions.
G.
Effect of Preliminary Approval. Preliminary approval of a plan shall
confer upon the applicant the following rights for a three year period
from the date of the preliminary approval:
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and on site and off tract improvements;
and any requirements peculiar to the specific plan. The Township Committee
may modify by ordinance such general terms and conditions of preliminary
approval as they relate to public health and safety provided such
modifications are in accord with amendments adopted by ordinance subsequent
to approval.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary plan.
H.
Extension of Preliminary Approval. The applicant may apply for and
the Planning Board may grant extensions on such preliminary approval
for additional periods of at least one year but not to exceed a total
extension of two years provided that if the design standards have
been revised by ordinance, such revised standards may govern.
In the case of a plan for an area of 50 acres or more, the Planning
Board may grant the rights referred to above for such period of time,
longer than three (3) years, as shall be determined by the Planning
Board to be reasonable taking into consideration: (1) the number of
dwelling units and nonresidential floor area permissible under preliminary
approval; (2) economic conditions; and, (3) the comprehensiveness
of the development. The applicant may apply for thereafter and the
Planning Board may thereafter grant an extension to preliminary approval
for such additional period of time as shall be determined by the Planning
Board to be reasonable taking into consideration: (1) the number of
dwelling units and nonresidential floor area permissible under preliminary
approval; (2) the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval; (3)
economic conditions; and, (4) the comprehensiveness of the development;
provided that if the design standards have been revised, such revised
standards may govern.
A.
Objectives of Review. The final plat shall be reviewed to determine
whether it substantially conforms to the approved preliminary plat
and to the conditions of preliminary approval and the Map Filing Law,
and to assure proper posting of performance and maintenance bonds.
All plans shall fulfill the information requirements of this
section prior to review by the Reviewing Board, which shall be set
forth in a checklist and provided to each applicant.
D.
Final Plat Review. Within 45 days after the final plat application
has been certified as complete, within 120 days if a variance is requested
that was not approved under preliminary approval, or within such further
time as may be agreed upon by the applicant, the Planning Board shall
approve the application for final plat approval with or without conditions,
provided the following requirements are met:
1.
That the detailed drawings and specifications meet all applicable
Township codes and ordinances;
2.
That the final plats are substantially the same as the approved preliminary
plats;
3.
(Reserved)
4.
That the applicant agrees in writing to all conditions of final approval;
5.
That proof has been submitted that all taxes and assessments for
local improvements on the property have been paid.
F.
Final Major Subdivision Hearing. Board action shall take place at
a public meeting. No public notice of application shall be required
(unless a variance is requested in conjunction with final approval).
G.
Decision of Planning Board. As set forth in § 18-609 of this chapter for decisions on subdivision applications under varying procedural conditions.
H.
Effect of Final Approval. Final approval shall terminate the time period of preliminary approval for the section granted final approval and shall guaranty the applicant that the zoning requirements applicable to the preliminary approval and all other rights conferred upon applicant as part of preliminary approval shall not be changed for a period of two years after the date of final approval, provided that these rights shall expire if the plat has not been duly recorded within the time prescribed in § 18-611K herein.
I.
Time Limit for Final Approval and Extensions. The Planning Board
shall grant an extension of final approval for a period determined
by the Board but not exceeding one year from what would otherwise
be the expiration date, if the developer proves to the reasonable
satisfaction of the board that the developer was barred or prevented,
directly or indirectly from proceeding with the development because
of delays in legally obtaining the required approvals from governmental
agencies and that the developer applied promptly and diligently pursued
these approvals. A developer shall apply for the extension before
(1) what would otherwise be the expiration date of the final approval
or (2) the ninety-first (91st) day after the developer receives the
last legally required approval from other governmental entities, whichever
occurs later.
J.
County Planning Board Approval. Any plat, which requires County Planning
Board approval, pursuant to N.J.S.A. 40:27 6.2, shall be forwarded
to the County Planning Board for its action. The Planning or Zoning
Board may grant final approval subject to approval by the County Planning
Board.
K.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the County Recording Officer.
The Planning Board may for good cause shown extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat. The Planning Board may extend the 95
day or 190 day period if the developer proves to the reasonable satisfaction
of the Planning 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 the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the planning board. The developer may
apply for an extension either before or after the original expiration
date.
No subdivision plat shall be accepted for filing by the County
Recording Officer until it has been approved by the Planning Board
as indicated on the instrument by the signature of the Chairman and
Secretary of the Planning Board or a certificate has been issued pursuant
to sections 35, 38, 44, 48, 54 or 63 of P.L.1975, c.291 (C.40:55D-47,
40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67, 40:55D-76). The signatures
of the Chairman and Secretary of the Planning Board shall not be affixed
until the developer has posted the guarantees required pursuant to
section 41 of P.L.1975, c.291 (C.40:55D-53). If the County Recording
Officer records any plat without such approval, such recording shall
be deemed null and void, and upon request of the municipality, the
plat shall be expunged from the official records.
It shall be the duty of the County Recording Officer to notify
the Planning Board in writing within (7) seven days of the filing
of any plat, identifying such instrument by its title, date of filing,
and official number.
L.
Approved Final Plat; Municipal Distribution. Before the Board Secretary
returns any approved final plat to the subdivider or the construction
official issues a building permit for the subdivision, the applicant
shall provide the Board Secretary with a certificate of filing from
the County Clerk's office and 10 copies of the approved final subdivision
map reflecting the recording data from the Ocean County Clerk's Office.
The Board Secretary shall distribute copies of the approved
final plat as follows:
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Township Engineer
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2 prints
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Tax Assessor
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1 print
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Construction Official
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1 print
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Township Clerk
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1 print
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Board File
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1 print
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Lakewood Fire Company
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1 print
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Zoning Officer
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2 prints
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BOE Transportation
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1 print
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A.
Objectives of Review. The final plan shall be reviewed to ascertain
whether the construction documents to be utilized in construction
of the project substantially conform to the approved preliminary plan.
All plans shall fulfill the information requirements of this
section prior to review by the Reviewing Board, which shall be set
forth in a checklist and provided to each applicant.
D.
Final Site Plan Review. Within 45 days from submission of a certified
complete final plan application, within 120 days if a variance is
required which was not approved under preliminary approval, or within
such further time as may be agreed upon by the applicant, the Planning
Board shall approve the application for final plan approval with or
without conditions, provided the following requirements are met:
1.
That the detailed drawings and specifications meet all applicable
codes and ordinances;
2.
That the final plans are substantially the same as the approved preliminary
plans;
3.
(Reserved)
4.
That proof has been submitted that all taxes and assessments for
local improvements on the property have been paid.
F.
Final Plan Hearing. Planning or Zoning Board action shall take place
at a hearing. No public notice of application shall be required, unless
a variance is required that was not granted under preliminary approval.
G.
Decision of Planning or Zoning Board. As set forth in Subsection
J of this section for decisions on plan applications under varying
procedural conditions.
H.
Effect of Final Approval. Final approval shall terminate the time
period of preliminary approval for the section granted final approval
and shall guaranty the applicant that the zoning requirements applicable
to the preliminary approval and all other rights conferred upon applicant
as part of preliminary approval shall not be changed for a period
of two years after the date of final approval.
I.
Time Limit for Final Approval and Extensions. Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The Planning Board may extend final approval, and the protection offered under § 18-611 Subsection I herein, for one year.
J.
Effect of final approval of a site plan or major subdivision.
1.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to section 37 of P.L.1975, c.291 (C.40:55D-49), whether conditionally
or otherwise, shall not be changed for a period of two years after
the date on which the resolution of final approval is adopted; provided
that in the case of a major subdivision the rights conferred by this
section shall expire if the plat has not been duly recorded within
the time period provided in section 42 of P.L.1975, c.291 (C.40:55D-54).
If the developer has followed the standards prescribed for final approval,
and, in the case of a subdivision, has duly recorded the plat as required
in section 42 of P.L.1975, c.291 (C.40:55D-54), the Planning Board
may extend such period of protection for extensions of one year but
not to exceed three extensions. Notwithstanding any other provisions
of this act, the granting of final approval terminates the time period
of preliminary approval pursuant to section 37 of P.L.1975, c.291
(C.40:55D-49) for the section granted final approval.
2.
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection 1 of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the planning board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development.
3.
Whenever the Planning Board grants an extension of final approval pursuant to Subsection 1 or 2 of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
The Planning Board shall grant an extension of final approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued these approvals. A developer shall apply
for the extension before (1) what would otherwise be the expiration
date of final approval or (2) the 91st day after the developer receives
the last legally required approval from other governmental entities,
whichever occurs later. An extension granted pursuant to this subsection
shall not preclude the Planning Board from granting an extension pursuant
to Subsections A or B of this section.
K.
Conditions of Final Approval. The Planning or Zoning Board may as
a condition of final approval:
1.
Condition the granting of a certificate of occupancy subject to the
applicant or developer or subsequent heirs or assignees meeting certain
requirements within a designated period of time, not to exceed two
years, from the date of issuance of the certificate of occupancy.
This may include, but is not limited to, such items as: the installation
of landscaping, erection of signs, installation of improvements, or
reevaluation of circulation patterns.
A.
Prospective purchasers or mortgagees, or any other person interested
in any land which forms, or formed, part of a subdivision three years
preceding the effective date of this chapter, may apply in writing
to the Board Secretary, for the issuance of a certificate stating
whether such subdivision has been approved by the Board. Such application
shall contain a diagram showing the location and dimension of the
land to be covered by the certificate and the name of the owner thereof.
B.
The Board Secretary shall make and issue such certificate within
15 days after the receipt of such written application and the fees
therefore. Said Secretary shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record in their office.
C.
Each such certificate shall be designated a "certificate as to approval
of subdivision of land," and shall certify:
1.
Whether there exists in said municipality a duly established Planning
Board and whether there is an ordinance controlling subdivision of
land adopted under the authority of this article.
2.
Whether the subdivision, as it relates to the land shown in said
application, has been approved by the Board, and, if so, the date
of such approval and any extensions and terms thereof, showing that
subdivision of which the lands are a part is a validly existing subdivision.
3.
Whether such subdivision, if the same has not been approved, is statutorily
exempt from the requirement of approval as provided in this act.
D.
The Administrative Officer shall be entitled to receive for such
certificate issued, a fee as stipulated in the Township's Fee Ordinance.
