[Ord. No. 94-29 § 118-9.1]
The Planning Board shall have exclusive jurisdiction over subdivisions,
site plans, conditional uses, the granting of variances in certain
instances and such other items as set forth in this chapter.
The Board of Adjustment shall have exclusive jurisdiction over
the granting of a variance from the terms and provisions of the zoning
regulations except as set forth above and such other items as set
forth in this chapter.
[Ord. No. 94-29 § 118-9.2]
The applicant/developer shall file with the appropriate administrative
officer a development application as set forth herein.
[Ord. No. 94-29 § 118-9.3]
An application for development shall be complete for purposes
of commencing the application time period for action by the Planning
Board or Board of Adjustment when so certified by its administrative
officer. In the event that the administrative officer does not certify
the application to be complete within 45 days of the date of its submission,
the application shall be deemed complete upon the expiration of the
forty-five-day period for purposes of commencing the applicable time
period unless: (a) the application lacks information indicated on
the Board's adopted checklist (attached hereto in Schedule A) and
provided to the applicant; and (b) the administrative officer has
notified the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application. The applicant must
request that one or more of the submission requirements be waived,
in which event the appropriate Board shall grant or deny the request
within 45 days. Nothing herein shall be construed as diminishing the
applicant's obligation to prove in the application process that he
is entitled to approval of the application. The applicable Board may
subsequently require correction of any 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 not be deemed incomplete for lack of any
such additional information of any revisions in the accompanying documents
so required by the Board.
[Ord. No. 94-29 § 118-9.4A]
Minor subdivision approvals shall be granted or denied within
45 days of the date of submission of a complete application to the
administrative officer or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Planning 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 developer with the County Recording Officer,
the Township Engineer and the Township Tax Assessor. Any such plat
or deed must be signed by the Chairman and Secretary of the Planning
Board before it will be accepted for filing by the County Recording
Officer.
a.
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 on which the resolution of minor subdivision shall have been
duly recorded as provided in this subsection.
b.
The Board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to Subsection a above if the developer proves to the reasonable satisfaction of the (a) Board 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 (b) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
c.
The Board shall grant an extension of minor subdivision approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before (a) what would otherwise be the expiration
date of minor subdivision approval or (b) the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later.
[Ord. No. 94-29 § 118-9.4B]
Minor site plan approval shall be granted or denied within 45
days of the date of submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. Minor site plan approval shall confer upon the applicant
the right that the general terms and conditions upon which minor site
plan approval was granted shall not be changed for a period of two
years.
[Ord. No. 94-29 § 118-9.4C]
Upon the submission to the administrative officer of a complete
application for a site plan which involves 10 acres of land or less
and 10 dwelling units or less, the Planning Board shall grant or deny
preliminary approval within 45 days of the date of such submission
or within such further time as may be consented to by the developer.
Upon the submission of a completed application for a site plan which
involves more than 10 acres or more than 10 dwelling units, the Planning
Board shall grant or deny preliminary approval within 95 days of the
date of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval of the site plan.
[Ord. No. 94-29 § 118-9.4D]
Upon submission of a complete application to the administrative
officer for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon submission of a complete application to
the administrative officer for a subdivision of more than 10 lots,
the Planning Board shall grant or deny preliminary approval within
95 days of the date of such submission or within such further time
as may be consented to by the developer.
[Ord. No. 94-29 § 118-9.4E]
a.
Preliminary approval of a major subdivision or of a site plan shall,
except as otherwise provided herein, 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; layouts and design standards for streets, curbs and
sidewalks, lot size; yard dimensions; and off-tract improvements,
and, in the case of a site plan, any requirements peculiar to site
plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing
herein shall be construed to prevent the municipality from modifying
by ordinance such general terms and conditions of preliminary approval
as 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 site plan, as the
case may be.
3.
That 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 shall govern.
b.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection a above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and 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 the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern.
[Ord. No. 94-29 § 118-9.4F]
a.
Application for final subdivision or site plan approval shall be
granted or denied within 45 days of submission of a complete application
to the administrative officer or within such further time as may be
consented to by the applicant.
b.
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 Township Engineer and the Township Tax Assessor. 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.
[Ord. No. 94-29 § 118-9.4G]
a.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer at preliminary
approval, whether conditionally or otherwise, shall not be changed
for a period of two 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 within
the required time period. If the developer has followed the standards
prescribed for final approval and, in the case of a subdivision, has
duly recorded the plat, 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 N.J.S.A. 40:55D-1
et seq., the granting of final approval terminates the time period
of the rights conferred by preliminary approval for the section granted
final approval.
b.
In the case of a subdivision or site plan for a planned unit development
or planned unit residential development or residential cluster of
50 acres or more or conventional subdivision or site plan for 150
acres or more, the Planning Board may grant rights for such period
of time longer than two years as shall be determined by the Planning
Board to be reasonable taking into consideration the number of dwelling
units and nonresidential floor area permissible under final approval,
economic conditions and 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 the number of dwelling units
and nonresidential floor area permissible under final approval, the
number of dwelling units and nonresidential floor area remaining to
be developed, economic conditions and the comprehensiveness of the
development.
c.
Any application for renewal or extension of final approval shall
be made in conformance with the notice requirements of N.J.S.A. 40:55D-12,
and a public hearing shall be held thereon. At such public hearing,
the applicant shall have the burden of coming forward with reasons
why the final approval shall be extended for the requested period
of time.
d.
In the case of final site plan approval, the applicant shall commence
construction within two years of the date of final site plan approval
or the approval shall be void. The applicant may, for good cause and
upon showing of proper proofs, apply to the Board for an extension
of time to commence construction. Upon application the Board may,
by resolution, grant such extension as the Board deems appropriate.
After a two-year period, a previously approved site plan upon which
no construction has commenced, automatically becomes void. The applicant
shall reapply for a new site plan approval unless the time period
shall have been extended by resolution of the Board in which case
site plan approval shall become void at the expiration of the extended
period.
[Ord. No. 94-29 § 118-9.4H]
a.
An applicant may request and the Planning Board may consent to accept
an application for development for combined preliminary and final
major subdivision or major site plan approval, provided that:
b.
Any approval granted by the Planning Board on such combined application
shall confer upon the applicant all the rights set forth in this section
for final approval.
[Ord. No. 94-29 § 118-9.4I]
The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the administrative officer or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use shall be accompanied by an application for site plan approval pursuant to Article VI of this chapter. The time period for approval of conditional uses by the Planning Board shall apply to such site plan review.
[Ord. No. 94-29 § 118-9.4J]
Whenever an application for approval of a subdivision plat,
site plan or conditional use includes a request for relief pursuant
to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval
of the application within 120 days after submission by a developer
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. Applications
for variances and conditional uses and/or directives for issuance
of a building permit shall be heard by the Board in conjunction with
the hearing on a minor subdivision, minor site plan, subdivision plat
or site plan. The applicant may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval of
a subdivision, site plan or conditional use. Separate approval of
the variance or direction of the issuance of a permit shall be conditioned
upon grant of all required subsequent approvals by the Planning Board.
No such subsequent approvals shall be granted unless the approval
can be granted without substantial detriment to the public good and
without substantial impairment of the intent and purpose of the Zoning
Plan and Zoning Ordinances.
[Ord. No. 94-29 § 118-9.4K]
Failure of the Planning 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 Planning Board
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval, herein required, and shall be so accepted by the County
Recording Officer for purposes of filing subdivision plats.
[Ord. No. 94-29 § 118-9.5]
The Mayor may appoint one or more persons as a Citizens' Advisory
Committee to assist or collaborate with the Planning Board in its
duties, but such person or persons shall have no power to vote or
take other action required by the Board. Such person or persons shall
serve at the pleasure of the Mayor.
[Ord. No. 94-29 § 118-9.6; Ord. No. 01-21-OAB § 7]
Whenever the Environmental Commission has prepared and submitted
to the Board an index of the natural resources of the municipality,
the Board shall make available to the Environmental Commission an
informational copy of every application for development to the Board.
Failure of the Planning Board to make such informational copy available
to the Environmental Commission shall not invalidate any hearing or
proceeding.
Within the Pinelands Area of the Township, all applications
for major Pinelands development, resource extraction and forestry
shall be referred to the Environmental Commission for review as of
the effective date of this ordinance.[1] The Environmental Commission is hereby authorized to review
and comment upon said applications to the Planning Board and/or other
Township approval agency.
[1]
Editor's Note: Ordinance No. 01-21-OAB which amended this
section was adopted July 24, 2001.
[Ord. No. 94-29 § 118-9.7]
The Planning Board shall have the power to review and approve
or deny conditional uses or site plan simultaneously with review for
subdivision approval without the developer being required to make
further application to the Planning Board or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it is for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer, notice of the hearing on the plat
shall include reference to the request for such conditional use.
[Ord. No. 94-29 § 118-9.8]
When any hearing before the Planning Board or Board of Adjustment
shall carry over one or more meetings, a member of the Board who was
absent for one or more of the meetings shall be eligible to vote on
the matter upon which the hearing was conducted, notwithstanding his
absence from one or more of the meetings; provided, however, that
such Board member has available to him a transcript or recording of
the meeting from which he was absent and certifies in writing to the
Board that he has read such transcript or listened to such recording.
