Township of Bedminster, NJ Article 13-800 DEVELOPMENT APPLICATION REVIEW PROCEDURES

§ 13-801 JURISDICTION OF RESPONSIBILITY DURING DEVELOPMENT APPLICATION REVIEW.

The Land Use Board acting as the Planning Board and the Land Use Board acting as the Zoning Board of Adjustment shall have the powers and duties pursuant to N.J.S.A. 40:55D-1 et seq. and Chapter 13, Land Management, of the Revised General Ordinances of the Township of Bedminster.[1]

[1] Editor's Note: See also Article 13-700, Land Use Board.

Editor's Note: For Development Applications in the Highlands Preservation Area Article 13-1500 and Article 13-1600.

§ 13-802 APPLICATION OF REQUIREMENTS.

§ 13-802.1 Subdivision Review.

All subdivisions, as defined under Article 13-200, are subject to the review procedures specified herein.

§ 13-802.2 Site Plan Review.

[Ord. #92-10, § 1; Ord. #92-25, § 1; Ord. #93-8, § 1; Ord. #95-12 § 1; Ord. #97-15, § 1; Ord. #2001-03, § 1; Ord. #2008-021, § 1; Ord. No. 2017-008]

No construction permit shall be issued for any new structure, for any modification to an existing structure, or for any addition to an existing structure, and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the municipality except that:

a. A construction permit for a single-family detached dwelling unit or a two family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval, except that the use of any existing or proposed principal or accessory building for a "home office occupation" as defined and permitted by this chapter shall require minor site plan approval prior to the issuance of a construction permit or certificate of occupancy.

b. Any change of use from one permitted nonresidential use to another permitted nonresidential use shall not require site plan approval if both the Township Engineer and Zoning Officer stipulate to the Board that the existing site development meets the requirements of this chapter for the new use and that the new use will not create or continue any adverse effects upon neighboring properties which, in the opinion of the Township Engineer and Zoning Officer, cannot be rectified. Such change in use shall require the completion and submission of a Change of Use/ Occupancy Form and the payment of a fee as set forth in Section 13-901i of this chapter. A certificate of occupancy shall be issued for a change of use as described herein, except that if no repairs or renovations requiring a building permit are performed in connection with such change of use, a certificate of occupancy fee shall not be charged in addition to the change of use/occupancy fee as set forth in Section 13-901i of this chapter.

c. Barns, sheds and silos erected for agricultural purposes shall not require site plan review unless required by the Construction Official or Zoning Officer.

d. Waiver of Requirements. The Planning Board or Board of Adjustment may waive all or part of the requirements of this article relative to modifications of site plans. The Board may grant such a waiver if it finds that the proposal is of such a minor nature that the consideration of a complete amended site plan is not necessary. If the waiver is granted, a statement of the reasons for the decision shall be made part of the record of the Planning Board or Board of Adjustment. In support of the request for waiver, the applicant shall submit a plan and such other information as is believed necessary for the Planning Board or Board of Adjustment to make an informed decision on the application for development. The Township Engineer, in his sole discretion may require submission of additional data, modification of originally submitted data and that the application be reviewed by any other appropriate Board, Commission and Committee, as a requirement of the waiver request prior to Board review. The Planning Board or Board of Adjustment may approve or deny the waiver request as submitted or, in its sole discretion, require the submission of further data. The applicant shall notice the request for waiver hearing date as required by the Municipal Land Use Law. In the event the Planning Board or Board of Adjustment approves a site plan waiver, it will notice its decision in accordance with the requirements of the Municipal Land Use Law.

e. Certain Developments Exempted From Site Plan Approval Requirements. The following provides the developments that are exempt from site plan approval and the process to obtain such an exemption:

1. Exempt Developments:

(a) Maintenance and repair of legally existing improvements,

(b) Improvements that are replacements in kind for improvements that previously received site plan approval or site plan exemption and for which there is no legal prohibition against said replacement, including mechanical equipment, HVAC compressors and roof equipment. The foregoing shall not be construed to exempt the following improvements from the requirement to obtain site plan approval or site plan exemption: improvements for which no valid approval exists; improvements that would violate any applicable condition of a prior approval; improvements that would violate any of the provisions related to nonconforming uses or structures in Chapter 13; or improvements that would violate any other applicable law, ordinance, rule or regulation.

(c) A proposed interior alteration involving no exterior site improvements other than those improvements exempted from site plan review and approval by this section.

(d) Groundwater remediation structures pursuant to N.J.S.A. 40:55D-66.8.

(e) Development undertaken by the Township of Bedminster.

(f) Accessory buildings, other roofed accessory structures or additions to principal structures that do not exceed 300 square feet of gross floor area; all of which are approved by the Historic Preservation Commission, if applicable.

(g) Improvements that do not increase the total impervious coverage on the site by more than 1,000 square feet;

(h) Development that is limited to demolition activities tree removal grading landscaping, fencing and similar activities;

(i) Exterior wall finishes, roofs, doors, windows and similar improvements to existing buildings as approved by the Historic Preservation Commission, where applicable;

(j) Solar or photovoltaic energy facilities or structures mounted on the roofs of buildings;

(k) Irrigation system installation;

(l) Emergency generator installations;

(m) Parking lot modifications that do not increase the impervious surface coverage b more than 1,000 square feet or disturb more than 2,500 square

(n) Replacement of site lighting luminaires with a similar style but a different source that do not create a significant increase in lighting levels provided that overall average foot candle level does not increase more than 0.2 footcandles;

(o) Modifications of existing automatic teller machine lighting to comply with New Jersey State standards; and

(p) Installation, replacement or upgrading of signage, including modified or new lighting, relocation or reconfiguration, that is in conformance with the Chapter 13 and if required, is approved by Historic Preservation Commission.

2. The development shall not include any of the following, which shall be required to obtain site plan approval:

(a) New principal buildings.

(b) Improvements that require either conditional use approval or variances.

(c) Developments that do not fully comply with all applicable conditions of prior approvals for the property.

(d) Developments on properties with outstanding health, fire or building codes zoning or traffic safety violations.

3. The proposed development must comply with all applicable provisions of Chapter 13 of the Code including but not limited to the specific and general design guidelines, standards and construction specifications, performance standards, the zoning regulations and all other applicable laws, rules and regulations.

4. Applications for site plan exemptions shall be reviewed by the Zoning Officer and the Township Engineer.

5. Application for exemption. The applicant for site plan exemption shall file with the Zoning Officer:

(a) An application form available from the office of the Zoning Officer;

(b) An application fee of $50.00;

(c) An informal plan depicting the proposed development;

(d) If necessary to determine compliance with the site plan exemption criteria, a current survey of the property;

(e) Any supplemental documentation, as required by the Zoning Officer or Township Engineer, hat may be necessary in order to determine that the improvements comply with the site plan exemption criteria above.

6. Review of applications for site plan exemption. Applications for site plan exemption shall be reviewed by the Township Engineer and Zoning Officer. In performing this review and in making the determination regarding site plan exemption, the following shall apply:

(a) The applicant shall have the burden of proof that the proposed development meets the criteria for site plan exemption. Failure to meet this burden to the satisfaction of the Zoning Officer and Township Engineer shall result in a determination that the development is not exempt from the requirement to obtain site plan approval.

(b) If the applicant has not provided sufficient information or has provided information that is unclear, contradictory or confusing, the applicant shall be notified of such deficiencies within 10 days of the date the application is filed. In the event that the application is not determined to be incomplete within said period, the application shall be determined complete upon the expiration of said 10 day period.

(c) If the application is determined incomplete, the applicant shall be required to address the completeness deficiencies.

(d) The Zoning Officer and Township Engineer shall review and decide applications for site plan exemption within 20 days of the date the application is determined to be complete, unless such deadline is extended consent of the applicant. The failure of the Zoning Officer and Township Engineer to act within said time period shall be deemed a dismissal of the application without prejudice.

(e) The Zoning Officer and Township Engineer shall approve or deny applications for site plan exemption based upon the exemption criteria in the paragraphs e1(e), e1(f) and e1(g) above. Exemptions may be granted with the imposition of reasonable conditions designed to ensure compliance with the exemption criteria, as may be required by law or deemed appropriate by the Zoning Officer and Township Engineer.

(f) If there is any reasonable doubt concerning whether or not the proposed development meets the exemption criteria in paragraphs e1(e), e1(f) and e1(g) above, the Zoning Officer and Township Engineer shall deny the application for site plan exemption.

(g) All decisions of the Zoning Officer and Township Engineer shall be in writing and shall state the nature of the proposed development, the reason(s) for the decision and, in the case of exemption approval, any conditions of approval. A copy of the decision shall be sent to the applicant without charge.

(h) The application materials and a copy of the decision shall be maintained in the records of the Zoning Officer.

§ 13-802.3 General Adjustments.

a. All subdivision and site plan applications shall be accompanied by an Environmental Impact Statement in accordance with the provisions of subsection 13-804.3 hereinafter. The applicant may request a waiver of this requirement, either in whole or in part; provided, that the applicant states in writing the basis for the waiver and that the request has attached thereto the recommendation of the Environmental Commission to the Planning Board concerning the requested waiver.

b. In the event that an application for development requires an approval by a governmental agency other than the Board, the Board shall, in appropriate circumstances, condition its approval upon the subsequent approval of such governmental agency, provided that the municipality shall make a decision on any application for development within the time period provided in this chapter, or within an extension of such period as has been agreed to by the applicant, unless the municipal agency is prevented or relieved from so acting by operation of law.

§ 13-802.4 Variance Relief.

[Ord. #97-42, § 1]

a. All applications for variance relief to the Board of Adjustment not involving or associated with any related site plan, subdivision or conditional use approval shall be filed at least 21 days prior to the next regularly scheduled monthly meeting of the Board. The filing shall include 20 copies of any maps and related materials; 20 completed copies of the appropriate application form(s), which include the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter;[1] and the fee in accordance with Article 13-900 of this chapter. The Board shall act upon the application as stipulated by law.

[1] Editor's Note: The checklist referred to herein may be found attached to this chapter.

b. Except as provided in paragraph d below, any variance from the terms of this chapter granted by the Board of Adjustment (i) under subsection 70d of the Municipal Land Use Law, or (ii) under subsection 70c of the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.) not involving or associated with any related site plan or subdivision approval, shall expire by limitation, unless a construction permit for any construction or alteration relative to such variance shall have issued or unless such approved use has actually commenced within 12 months from the adoption of a memorializing resolution by the Board of Adjustment.

c. Except as provided in paragraph d below, any variance granted by the Board of Adjustment or Planning under subsection 70c of the Municipal Land Use Law involving or associated with any related site plan or subdivision approval, shall expire by limitation, unless a construction permit for any construction or alteration relative to such variance and/or subdivision or site plan approval shall have issued within the statutory periods of protection provided by sections 46.1, 47, 49 and 52 of the Municipal Land Use Law, as such statutory periods of protection may be extended by the appropriate approving board.

d. Notwithstanding the above, the running of the period of variance protection herein provided shall be tolled (i) from the date of filing of an appeal from the grant of a use variance by the Board of Adjustment to the Township Committee pursuant to Section 13-707 of this chapter, or (ii) the date of filing of an appeal to a court of competent jurisdiction until the termination, in any manner, of such appeal or proceeding, or (iii) during the pendency of any legal action or while any directive or order remains in effect pursuant to section 21 of the Municipal Land Use Law.

e. No construction permit, once issued, shall be renewed without the approval of the board which granted the initial variance.

f. A variance approval may be extended no more than 12 additional months beyond the expiration of the variance upon a finding by the initial approving board, at a duly noticed public hearing, that the character of the neighborhood, the general hardship, special reasons or other findings of fact upon which basis the variance was initially granted have not changed in the interim.

§ 13-802.5 Informal Review by the Planning Board.

a. At the request of a developer, the Planning Board shall grant one informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development.

b. The developer shall not be required to submit any fees for the one informal review by the Planning Board; however, no professional review(s) will be undertaken of any concept plat or concept plan unless the developer agrees to pay for said review(s) and establishes an escrow account and pays the fees in accordance with Section 13-901 of this chapter.

c. 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.

d. A developer desiring to have a concept plan informally reviewed by the Planning Board shall so notify the Administrative Officer at least 14 days prior to the next regularly scheduled monthly meeting of the Planning Board. The Administrative Officer shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.

§ 13-803 SUBMISSION OF MINOR SUBDIVISION PLATS AND MINOR SITE PLANS.

§ 13-803.1 Procedure for Submitting Minor Sub-division Plats and Minor Site Plans.

[Ord. #94-25, § 3]

Submit to the Administrative Officer at least 10 days prior to the first regularly scheduled monthly meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be: 20 copies of the minor plat or plan; 20 completed copies of the appropriate application(s), which includes the checklist[1] pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter and the items of information required therein; and a fee in accordance with Article 13-900 of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and minor site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number, which number shall be communicated to the applicant. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.

[1] Editor's Note: The checklist referred to herein may be found attached to this chapter.

§ 13-803.2 Details Required for Minor Subdivision Plats and Minor Site Plans.

[Ord. #95-51, § 5; Ord. #2000-19, § 2; Ord. #08-22, § 6]

Each minor plat or minor plan shall be drawn from a field survey by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.

Each submission shall be drawn at an appropriate scale not less than one inch equals one hundred (1" = 100') feet and shall be submitted on one of four of the following standard sheet sizes: 8 1/2" x 13"; 15" x 21"; 24" x 36"; or 30" x 42".

If one sheet is not sufficient to contain the entire territory, the map may be divided into two sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets. Each minor plat or plan shall show the following information, as such information is applicable to the minor subdivision or minor site plan submission:

a. A key map showing the entire tract and its relation to the surrounding area, at a scale of one (1") inch equals not more than two thousand (2,000') feet;

b. Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

1. Name of subdivision or development, Bedminster Township and Somerset County;

2. Name, title, address and telephone number of sub-divider or developer;

3. Name, title, address and license number of the professional or professionals who prepared the plat or plan;

4. Name, title and address of the owner or owners of record;

5. Scale (written and graphic); and

6. Date of original preparation and of each sub-sequent revision thereof and a list of the specific revisions entered on each sheet.

c. Acreage figures (both with and without areas within public rights-of-way) and north arrow;

d. Approval signature lines:

1. Chairman;

2. Secretary; and

3. Township Engineer.

e. Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map and proposed block and lot numbers as provided by the Township Tax Assessor upon written request;

f. Subdivision or development boundary line (heavy solid line);

g. The location of existing and proposed property lines (with bearings and distances), streets, structures (with their numerical dimensions and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, any natural features such as wetlands and treed areas, and any historic features such as family burial grounds and buildings more than 60 years old, both within the tract and within two hundred (200') feet of its boundary;

h. The location and width of all existing and proposed utility easements;

i. Zoning districts affecting the tract, including district names and requirements, with proposed variance requests noted on the plat or plan;

j. Proposed buffer and landscaped areas;

k. Delineation of flood plains, including both floodways and flood fringe areas;

l. Contours as shown on the U.S.G.S. topographic sheets;

m. Marshes, ponds and lands subject to flooding within the tract and within one hundred (100') feet thereof;

n. Concerning minor site plans only, the names of all adjacent property owners as they appear on the most recent tax list prepared by the Township Tax Assessor;

o. Certificate from the Township Tax Collector that all taxes and assessments are paid to date;

p. Concerning minor subdivisions only, existing and proposed monuments;

q. For each lot not served by a sanitary sewer, approval by the Township Board of Health of percolation tests observed by the Township Health Officer and certified by a licensed professional engineer, indicating that the proposed lot(s) can adequately accommodate a septic system. The location(s) of the test hole(s), test results and compliance with the "Individual Sewage Disposal Code of New Jersey" or applicable Township Board of Health Ordinances, whichever may be more restrictive, shall be shown on the plat and certified by a licensed professional engineer;

r. All subdivision and site plan applications shall be accompanied by an Environmental Impact Statement in accordance with the provisions of subsection 13-804.3 hereinafter. The applicant may request a waiver of this requirement, either in whole or in part; provided, that the applicant states in writing the basis for the waiver and that the request has attached thereto the recommendation of the Environmental Commission to the Planning Board concerning the requested waiver;

s. No minor subdivision or minor site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said streets, as applicable, shall be granted to the Township or other appropriate govern-mental agency;

t. No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter; and

u. Deed descriptions including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications shall be submitted for approval prior to filing with the County Recording Officer.

v. A digital plan shall be submitted showing the existing and proposed lot lines, rights of way and easements. Site plan submissions shall also include the proposed buildings and surface improvements (whether public or private).

w. Recycling Plan pursuant to the provisions of subsection 3-11.13.

§ 13-803.3 Action by the Township.

[Ord. #89-7, § 2; Ord. #92-05, § 8; Ord. #96-21, § 1; Ord. #97-06, § 1; Ord. #2000-12.1, § 1]

a. The Planning Board or Zoning Board of Adjustment, as the case may be, and its professional advisors, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. The Board shall:

1. If said application is found to contain all of the information required by a check list adopted as part of this Land Development chapter and attached hereto following this chapter, the Board, or its agent in those specific instances where designated, shall certify that said application is complete.

2. If said application is found to lack some of the information required by the check list adopted as part of this Land Development chapter and attached hereto following this chapter, said Board shall either:

(a) Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

(b) If the Board reasonably concludes that the missing items of information are necessary to make an informed decision on the application, but are not of such significance to cause the application to be deemed in-complete, said Board may declare the application complete, conditioned upon the sub-mission of the missing items of information to the Administrative Officer within 10 days; or

(c) If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.

3. An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in subsection 13-803.2 and said request shall be granted or denied by the Board within 45 days.

4. In the event the Board fails to act pursuant to subsections 13-803.3a2(a) or 13-803.3a2(b) hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth (46th) day following its submission.

b. On the date the foresaid application is certified complete, or on the forty-sixth (46th) day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require sub-mission of additional information not specified in this chapter, and/or may require revisions in the application documents; as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

c. Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

1. The Planning Board or the Zoning Board of Adjustment, as the case may be (seven [7]) copies of the minor plat or plan, seven [7] copies of the application, and seven [7] copies of any Environmental Impact Statement):

2. Planning Board or Zoning Board of Adjustment Attorney, as the case may be (one [1] copy each of the minor plat or plan, the application, and any Environmental Impact Statement);

3. Township Planner (one [1] copy each of the minor plat or plan, the application, and any Environmental Impact Statement);

4. Township Engineer (one [1] copy each of the minor plat or plan, the application, and any Environmental Impact Statement);

5. Construction Official (one [1] copy each of the minor plat or plan);

6. Zoning Officer (one [1] copy each of the minor plat or plan and the application);

7. Township Board of Health (one [1] copy each of the minor plat or plan, the application, and any Environmental Impact Statement);

8. Township Environmental Commission (one [1] copy each of the minor plat or plan and the application, plus six [6] copies of any required Environmental Impact Statement);

9. Township Tax Assessor (one [1] copy each of the minor plat or plan and the application);

10. Planning Board or Zoning Board of Adjustment Secretary, as the case may be (one [1] copy each of the minor plat or plan, the application, and any Environmental Impact Statement);

11. Township Clerk (one [1] copy each of the minor plat or plan, the application, and any Environmental Impact Statement for the Township's files);

12. At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the minor plat or plan shall be sent to other Township, County or State agencies and officials, including a subdivision or site plan committee as may be designated by the Board.

d. All hearings held on applications for minor site plan approval shall require public notice of the hearing in accordance with subsection 13-706.4 of this chapter. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing in accordance with subsection 13-706.4a and b. The Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

e. Any designated subdivision committee or site plan committee, as the case may be, shall read any written report submitted concerning the application and shall itself review the submission to ascertain its conformity with the requirements of this chapter. The designated subdivision committee or site plan committee, as the case may be, shall hold public hearings on the application and is required to maintain minutes of the hearings, said minutes to be made a part of the record of the Board. The subdivision committee or the site plan committee, as the case may be, shall offer its recommendations to the Board.

f. Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to remove any adverse effect(s) prior to further review, classification or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

g. When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approval resolution, adopted in accordance with subsection 13-706.6 of this chapter, within 10 days of its adoption by the Board.

h. When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with subsection 13-706.6 of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

i. Within 190 days from the date on which the resolution of the Board is adopted approving the minor subdivision, a plat map drawn in compliance with the Map Filing Act, P.L. 190c.141 (N.J.S.A. 46:29-9.9 et seq.) or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent), shall be filed or recorded by the subdivider with the County Recording Officer. Except as provided in paragraph k hereof, unless filed within 190 days from the date on which the resolution of the Board is adopted approving the minor subdivision, the minor subdivision approval shall expire and will require Board approval as in the first instance. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which the minor subdivision approval (or, in the case of a minor site plan, the minor site plan approval) was granted, shall not be changed for a period of two years after the date of minor subdivision approval (or minor site plan approval) by the Board, provided that the approved minor subdivision shall have been duly recorded. The Planning Board shall grant an extension of the two year period 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: (1) that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally-required approvals from the other governmental entities, and (2) that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before: (1) what would otherwise be the expiration date, or (2) the ninety-first (91st) day after the date on which the developer receives the last of the legally-required approvals from other governmental entities, whichever occurs later.

j. Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:

1. Administrative Officer;

2. Township Engineer (in the case of subdivisions only, a map of the plat drawn to the tax map scale of one inch equals one hundred (1" = 100') feet or one inch equals four hundred (1" = 400') feet as directed by the Township Engineer);

3. Zoning Officer;

4. Township Tax Assessor;

5. Township Board of Health;

6. Such other Township, County or State agencies and officials as directed by the Board.

k. The Planning Board may extend the 190 day period for filing a minor subdivision plat or deed pursuant to subsection 13-803.3i hereof 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 the extension either before or after what would otherwise be the expiration date.

l. The Planning Board shall grant an extension of minor subdivision approval or minor site plan 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: (1) 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 (2) that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before: (1) what would otherwise be the expiration date of minor subdivision approval, or (2) the ninety-first (91st) day after the developer receives the last legally-required approval from other governmental entities, whichever occurs later.

§ 13-804 SUBMISSION OF PRELIMINARY MAJOR SUB-DIVISION PLATS AND PRELIMINARY MAJOR SITE PLANS.

§ 13-804.1 Procedure for Submitting Preliminary Major Subdivision Plats and Preliminary Major Site Plans.

[Ord. #94-25, § 1]

Submit to the Administrative Officer at least 10 days prior to the first regularly scheduled monthly meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be: 20 folded copies of the preliminary plat or preliminary plan; 20 completed copies of the appropriate application(s), which includes the checklist[1] pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter and the items of information required therein; 13 copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; and a fee in accordance with Article 13-900 of this chapter. The application shall contain an acknowledgment signed by the applicant, stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number, which number shall be communicated to the applicant. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.

[1] Editor's Note: The checklist referred to herein may be found attached to this chapter.

§ 13-804.2 Details Required for Preliminary Major Subdivision Plats and Preliminary Major Site Plans.

[Ord. #94-06, § 1; Ord. #95-2, § 7; Ord. #95-35, §§ 1-3; Ord. #97-33, § 3; Ord. #97-44, § 2; Ord. #2000-16, § 2; Ord. #2000-19, § 3; Ord. #08-22, § 7]

Each preliminary plat or preliminary plan shall be drawn from a field survey by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.

Each submission shall be drawn at an appropriate scale not less than one inch equals one hundred (1" = 100') feet and shall be submitted on one of four of the following standard sheet sizes: 8 1/2" x 13"; 15" x 21"; 24" x 36"; 30" x 42". If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.

Each preliminary plat or plan shall show the following information, as appropriate to a subdivision plat or site plan, unless the municipal agency determines and so notifies the applicant that such information either is unnecessary or inapplicable to the particular subdivision or development plan:

a. A key map showing the entire tract and its relation to the surrounding areas, at a scale of one (1") inch equals not more than two thousand (2,000') feet;

b. Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

1. Name of subdivision or development, Bedminster Township, Somerset County;

2. Name, title, address and telephone number of subdivider or developer;

3. Name, title, address and license number of the professional or professionals who prepared the plat or plan;

4. Name, title and address of the owner or owners of record;

5. Scale (written and graphic); and

6. Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.

c. North arrow;

d. Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement;

e. Approval signature lines:

1. Chairman;

2. Secretary; and

3. Township Engineer.

f. Acreage to the nearest one hundredth of an acre and a I computation of the area of the tract to be disturbed;

g. The names and lot and block numbers of all property owners within two hundred (200') feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor;

h. Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot numbers as provided by the Township Tax Assessor upon written request;

i. Tract boundary line (heavy solid line);

j. Zoning districts affecting the tract, including district names and requirements, with proposed variance requests noted on the plat or plan;

k. The locations and dimensions of existing and proposed bridges and the location of natural features such as wooded areas, and any extensive rock formations, both within the tract and within two hundred (200') feet of its boundaries;

l. The location and species associations of all existing individual trees or groups of trees having a caliper of eight (8") inches or more measured three (3') feet above the ground level shall be shown within the portion(s) of the tract to be disturbed as a result of the proposed development. The proposed location of all proposed plantings also shall be indicated and a legend provided listing the botanical and common names, the sizes at time of planting, the total quantity of each plant, and the location of each plant keyed to the plan or plat.

m. All existing and proposed water courses (including lakes and ponds) shall be shown and accompanied by the following information:

1. When a stream is proposed for alteration, improvement or relocation or where a drainage structure or fill is proposed over, under, in or along a running stream, a report on the status of review by the New Jersey Department of Water Policy and Supply and a review report from the Department of Environmental Protection shall accompany the application submission;

2. Cross-sections of water courses and/or drainage swales at an approximate scale showing the extent of the flood plain, top of bank, normal water levels and bottom elevations at the following locations, where appropriate:

(a) At any point where a water course crosses a boundary of the tract,

(b) At one hundred (100') foot intervals up to five hundred (500') feet upstream and downstream of any point of juncture of two or more water courses within the tract.

(c) At one hundred (100') foot intervals for a distance of five hundred (500') feet upstream and downstream of any proposed and/or existing culvert or bridge within the tract.

(d) At a maximum of one hundred (100') foot intervals, but not less than two locations, along each water course which runs through or within five hundred (500') feet of the tract.

(e) When ditches, swales, streams or water courses are to be altered, and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown.

(f) The delineation of the floodways and flood fringe areas of all water courses within or adjacent to the tract.

3. The total acreage of the drainage basin of any water course running through the tract;

4. The location and extent of drainage and conservation easements and stream encroachment lines;

5. The location, extent and water level evaluation of all existing or proposed lakes or ponds within the tract and within two hundred (200') feet of the tract.

n. Existing and proposed contours with intervals of one (1') foot where slopes are less than 2%; with intervals of two (2') feet where slopes are between 2% and 15%; and with intervals of five (5 ') feet where slopes exceed 15%. All contour information shall refer to a known datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line. Slopes 15% or more in grade shall be shaded.

o. Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.

p. Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, an indication of whether the existing structures and uses will be retained or removed, and a specific identification of any family burial grounds and buildings more than 60 years old, both within the tract and within two hundred (200') feet of its boundary.

q. Size, height and location of all proposed buildings, structures, signs and lighting facilities.

r. All dimensions necessary to confirm conformity to the ordinance such as the size of the tract and any proposed lot(), structure setbacks, structure heights, yards and floor area ratios. All tract and lot sizes shall be expressed in acres and square feet and shall include bearings and distances.

s. The proposed location, direction of illumination, power and type of proposed outdoor lighting including details of lighting poles, luminaries and hours of operation, which information shall be provided in both textual form and shown on the plat.

t. The proposed screening, buffering and landscaping, including a landscaping plan:

1. Buffer zones are required along lot and street lines of all nonresidential lots where said property lines or the centerline of adjacent streets abut residential uses or residential zoning district lines. Each permitted use shall provide landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular district shall be as prescribed in Article 13-400. Buffer areas shall be measured horizontally and at right angles to either a straight lot line or street line or the tangent lines of curved lots or street lines.

Buffer areas may be existing vegetation or newly planted material and shall be maintained and kept clear of all debris and rubbish. No above surface structure or activity or the storage of materials or parking of vehicles shall be permitted in the buffer area. Newly proposed buffer areas shall be planted and maintained with grass or ground cover together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:

(a) Plant materials used in screen plantings shall be at least six (6') feet in height when planted and shall be of such density as determined appropriate for the activities involved. The plant materials shall be of a species common to the area, be of nursery stock and shall be free of insect and disease.

(b) Buffer areas shall be permanently maintained and plant material which does not live shall be replaced by the owner as quickly as possible and all plantings shall be insured for a period of two years or two growing seasons.

(c) The screen planting shall be so placed that at maturity the plant material will be no closer than three (3') feet from any street or property line.

(d) The buffer area shall not be broken unless specifically approved by the Board.

2. Landscaping in parking areas shall be specified in accordance with the provisions of subsection 13-508.1 of this chapter.

3. The Board, at its discretion, may consult with a landscape architect regarding the appropriateness of the landscaping plan as it relates to the physical characteristics of the site.

u. The location and design of any off-street parking area, showing size and location of bays, aisles and barriers.

v. All means of vehicular access and egress to and from the site onto public streets, showing the site and the location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation.

w. The application shall include plans and computations for any storm drainage system in order to demonstrate compliance with the provisions of this chapter, including the following:

1. All existing or proposed storm sewer lines within or adjacent to the tract showing size and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall in plan and profile.

2. The location and extent of any proposed ground water recharge basins, detention basins or other water or soil conservation or drainage devices, with cross sections every fifty (50') feet at right angles to the long access of the basin, each extending seventy-five (75') feet beyond the top of the rim of the basin on each side.

3. A map drawn to scale (minimum scale one inch equals one hundred (1" = 100') feet) showing the contributing area to each inlet or cross drain.

4. A weighted run-off coefficient for each drainage area shall be determined for use in the computations.

x. The location of existing structures such as water and sewer mains, utility structures, gas transmission lines and high tension power lines on the tract and within two hundred (200') feet of its boundaries.

y. Plans of proposed improvements and utility layouts including sewers, storm drains and water lines and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all Township, County, State and Federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-lot water or sewage disposal is proposed, the plan for such systems shall be approved, prior to any certification of completeness, for each lot by the appropriate Township and State agencies and the result of percolation tests and soil log data, completed in accordance with the requirements and conditions prescribed by the Township Board of Health, shall be indicated on the plat or plan.

z. Plans, typical cross sections and construction details, horizontal and vertical alignments of the centerline of all proposed streets and of all existing streets abutting the tract. The vertical alignments shall be based on U.S.G.S. vertical datum or a more specific datum supplied by the Township Engineer, and include curbing, sidewalks, storm drains, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at all intersections.

aa. Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.

bb. The proposed permanent monuments shall be shown, in accordance with the Map Filing Act, P.L. 1960 c. 141 (C.46:29-9.9 et seq.).

cc. Certificate from the Township Tax Collector that all taxes and assessments are paid to date;

dd. All preliminary major subdivision, preliminary major site plan, minor subdivision and/or minor site plan applications shall be accompanied by an Environmental Impact Statement in accordance with subsection 13-804.3 of this chapter.

ee. In the case of any subdivision or site plan submission of a planned development, the applicant shall be required to submit all of the required information for all of the properties comprising the planned development, regardless of whether the applicant is seeking approval of the whole or a section of the planned development; specifically, the applicant shall be required to show the interrelationship of each portion of the project with the whole of the project considering land use, traffic, open space, buffering, drainage and surface water management, sewerage, potable water supply and any other specific planning considerations as may be of particular relevance to a particular planned development.

ff. The design engineer shall complete a certification that the plans submitted are in compliance with the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). The certification may be qualified with a listing of any exceptions or waivers requested by the applicant.

gg. The Board reserves the right to acquire additional information before granting preliminary approval when, in its judgment, such additional information is required in order to make an informed decision and/or when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and the surrounding area. Such information shall include, but not be limited to, drainage calculations and traffic analyses, provided however, that no application shall be declared incomplete for the lack of any such additional information.

hh. For "projects of regional significance" (as defined in this chapter), the applicant shall secure a certification from the Township Engineer confirming (i) that the project is one of regional significance, and (ii) which municipalities are affected thereby. Upon receipt of said certification, the applicant shall provide the entire application (with all reports and plans) together with the aforesaid certification, to the Municipal Clerk of all of the affected municipalities. Proof of service to the affected municipalities shall be forwarded to the Township Engineer as part of the completeness determination. Additionally, the applicant shall provide notice of the hearing on the aforesaid project to the Municipal Clerk of all of the affected municipalities, in accordance with subsection 13-706.4 of this chapter.

ii. A digital plan shall be submitted showing the existing and proposed lot lines, rights of way and easements. Site plan submissions shall also include the proposed buildings and surface improvements (whether public or private).

jj. Recycling Plan pursuant to the provisions of subsection 3-11.13.

§ 13-804.3 Environmental Impact Statement.

[Ord. #94-06, §§ 2, 3; Ord. #95-49, §§ 6, 7; Ord. #2008-03]

a. General Provisions. The impact on the environment generated by land development projects necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site, the location of the project and the information already in the possession of the Township. Therefore, having determined that some flexibility is needed in preparing the Environmental Impact Statement, the requirements for such a document pertaining to different types of development applications are listed below:

1. All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silviculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the Environmental Impact Statement requirements.

2. Any variance applications to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an Environmental Impact Statement unless specifically requested by the Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required.

3. Any application for preliminary major subdivision, preliminary major site plan, minor subdivision, and/or minor site plan approval, either to the Planning Board or to the Zoning Board of Adjustment, as the case may be, shall require an Environmental Impact Statement unless specifically waived in whole or in part by the appropriate Board, based upon a request for waiver from the applicant accompanied by a recommendation from the Township Environmental Commission. The appropriate Board shall give careful consideration to such recommendation but shall not be bound by it.

b. Submission Format. When an Environmental Impact Statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts shall also be considered. Furthermore, as much original research as is necessary shall be conducted to develop the Environmental Impact Statement. All Environmental Impact Statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:

1. Project Description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:

(a) Township Master Plan.

(b) Master Plan of adjacent municipalities.

(c) Somerset County Master Plan.

(d) Regional and State planning guides.

(e) Other pertinent planning documents.

2. Site Description and Inventory. Provide a description of environmental conditions on the site which shall include the following items:

(a) Types of Soils. List and describe each soil type on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations relative to the type of project proposed, a complete mapping of all soil types where the moderate and severe limitations exist.

(b) Topography. Describe the topographic conditions on the site.

(c) Geology. Describe the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is within two (2') feet of the surface as well as major rock outcroppings.

(d) Vegetation. Describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings such as woodlands, open fields and wet-lands. Where woodlands are delineated, the forest types shall be indicated. Identify and plot all stands of trees or isolated trees with a diameter of eight (8") inches or greater measured four (4') feet above the ground. Existing trees should be utilized as buffers along all lot lines and streets, where appropriate.

(e) Threatened and Endangered Plants and Animals. Applicants shall document the occurrence of threatened and endangered species on the property to be developed and shall identify critical habitat areas needed to provide for the survival of any local populations of these species. The location of development should be designed to avoid irreversible adverse impacts on habitats that are critical to the survival of local populations of threatened or endangered plants and animals. Where construction, grading or vegetation removal will affect critical habitat areas important to the nesting, feeding, breeding or mating of threatened and endangered species, protection for the critical habitat area should be provided, to the greatest extent practicable.

(f) Subsurface Water. Describe the subsurface water conditions on the site both in terms of depth to ground water and water supply capabilities. The location, depth, capacity and water quality of all existing water wells on the site and within five hundred (500') feet of the site shall be indicated.

(g) Distinctive Scenic and/or Historic Features. Describe and map those portions of the site that can be considered to have distinctive scenic and/or historic qualities.

(h) Existing Development Features. Describe any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, driveway accesses, housing units, accessory structures, utility lines, etc.

(i) Air Quality, Noise and Energy.

(1) When warranted, an analysis should be conducted of existing air quality and noise levels as prescribed by the New Jersey State Department of Environmental Protection in N.J.A.C. 7:27 et seq. and 7:29.1 et seq.

(2) Except within the R-10 Zone, prior to preliminary approval of any subdivision of 10 lots or more, or any residential site plan of 10 units or more, the applicant shall include within the Environmental Impact Statement an analysis of the potential for energy savings related to building design and orientation including opportunities to enhance solar access, and strategies to limit microclimate impacts using landscape plantings to provide shade and wind protection. The Environmental Impact Statement shall specify all energy saving design features which could be cost effectively utilized therein.

(3) Prior to preliminary approval of any major site plan for development of any nonresidential use consisting of twenty thousand (20,000) square feet of floor area or more, the applicant shall include within the Environmental Impact Statement an analysis of options to reduce vehicle trips and energy costs related to interior and exterior climate controls, which may include solar energy. The applicant is encouraged to incorporate such energy saving measures as can be cost effectively integrated into the design of buildings and site layout features.

3. Impact. Discuss both the negative and positive impacts during and after construction. Indicate those negative impacts that are unavoidable. The specific concerns that shall be considered include the following as well as impact to items listed in Section 13-506, and shall be accompanied by specific quantitative measurements where possible and necessary:

(a) Soil erosion and sedimentation resulting from surface run-off.

(b) Flooding and flood plain disruption.

(c) Degradation of surface water quality.

(d) Ground water, water table, and impact to aquifers.

(e) Reduction of ground water capabilities.

(f) Sewage disposal.

(g) Solid and liquid waste disposal.

(h) Sanitary waste disposal

(i) Agricultural waste management.

(j) Vegetation Destruction. A detailed description of planned vegetation removal and regeneration, and all measures and materials necessary to reestablish the natural landscape. Tree removal should be limited to the greatest extent practicable.

(k) Disruption of wildlife habitats of endangered and protected species.

(l) Destruction or degradation of scenic and historic features.

(m) Cultural, social and economic effects on outdoor activities, including agricultural and equine activities.

(n) Air quality degradation.

(o) Noise and light levels.

(p) Energy utilization.

4. Environmental Performance Controls. Describe what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts that could result from the proposed project. Of specific interest are:

(a) Drainage plans which shall include soil erosion and sedimentation controls.

(b) Sewage disposal techniques.

(c) Water supply and water conservation proposals.

(d) Energy conservation and green construction.

(e) Noise reduction techniques.

(f) Efforts to minimize non-point source pollution through the use of such techniques as:

Buffer strips.

Overland stormwater flow.

Regional stormwater management.

Vegetated swales.

Wetland or marsh creation.

Water quality inlets.

5. Licenses, Permits and Other Approvals Required by Law. The applicant shall list all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Township, as well as agencies of the County, State and Federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.

6. Documentation. All publications, file reports, manuscripts or other written sources of information which were first consulted and employed in compilation of the Environmental Impact Statement shall be listed. A list of all agencies and individuals from whom all pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.

c. Disposition by the Board. The Board shall review the information furnished in the Environmental Impact Statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help insure that the proposed development will cause no reasonably avoidable damage to any environmental resource.

§ 13-804.4 (Reserved)

§ 13-804.5 Action by the Township.

[Ord. #2000-12, § 1]

a. The Planning Board or Zoning Board of Adjustment, as the case may be, and its professional advisors, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. The Board shall:

1. If said application is found to contain all of the information required by a check list adopted as part of this Land Development Ordinance and attached hereto following this chapter, the Board, or its agent in those specific instances where designated, shall certify that said application is complete.

2. If said application is found to lack some of the information required by the check list adopted as part of this Land Development Ordinance and attached hereto following this chapter, said Board shall either:

(a) Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

(b) If the Board reasonably concludes that the missing items of information are necessary to make an informed decision on the application, but are not of such significance to cause the application to be deemed incomplete, said Board may declare the application complete, conditioned upon the submission of the missing items of information to the Administrative Officer within 10 days; or

(c) If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.

3. An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in subsections 13-804.2 and/or 13-804.3 and said request shall be granted or denied by the Board within 45 days.

4. In the event the Board fails to act pursuant to subsections 13-804.5a1, 13-804.5a2(a), or 13-804.5a2(b) hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth (46th) day following its submission.

b. On the date the foresaid application is certified complete, or on the forty-sixth (46th) day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require revisions in the application documents; as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

c. Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

1. The Planning Board or the Zoning Board of Adjustment, as the case may be (seven (7] copies of the preliminary plat or plan, seven [7] copies of the application and any protective covenants or deed restrictions, and seven [7] copies of any Environmental Impact Statement);

2. Planning Board or Zoning Board of Adjustment Attorney, as the case may be (one [1] copy each of the preliminary plat or plan, the application, any protective covenants or deed restrictions, and any Environmental Impact Statement);

3. Township Planner (one [1] copy each of the preliminary plat or plan, the application, any protective covenants or deed restrictions, and any Environmental Impact Statement);

4. Township Engineer (one [1] copy each of the preliminary plat or plan, the application, any protective covenants or deed restrictions, and any Environmental Impact Statement);

5. Construction Official (one [1] copy of the preliminary plat or plan);

6. Zoning Officer (one [1] copy of the preliminary plat or plan);

7. Township Board of Health (one [1] copy of the preliminary plat or plan and any Environmental Impact Statement);

8. Township Environmental Commission (one [1] copy of the preliminary plat or plan, plus six [6] copies of any Environmental Impact Statement);

9. Township Tax Assessor (one [1] copy of the preliminary plat or plan);

10. Planning Board or Zoning Board of Adjustment Secretary, as the case may be (one [1] copy each of the preliminary plat or plan, the application, any protective covenants or deed restrictions, and any Environmental Impact Statement);

11. Township Clerk (one [1] copy each of the preliminary plat or plan, the application, any protective covenants or deed restrictions, and any Environmental Impact Statement for the Township's files);

12. At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the preliminary plat or plan shall be sent to other Township, County or State agencies and officials, including a subdivision or site plan committee as may be designated by the Board.

d. The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and subsection 13-801.1b of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

e. The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and subsection 13-801.1b of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

f. The Zoning Board of Adjustment shall take action on a preliminary and final major site plan application and/or preliminary and final major subdivision application when such application is being considered by the Zoning Board of Adjustment simultaneously with an application for a "use" variance in accordance with N.J.S.A. 40:55D-70d and subsection 13-702.4 of this chapter, in which case the Zoning Board of Adjustment shall act on all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application. Notwithstanding the foregoing, in the event that an applicant elects to bifurcate its application, unless the Zoning Board retains jurisdiction over the site plan and/or subdivision application in its approving resolution of said use variance, the applicant shall be at liberty to process such site plan and/or subdivision application before the Bedminster Township Planning Board.

g. Any designated subdivision committee or site plan committee, as the case may be, shall read any written report submitted concerning the application and shall itself review the submission to ascertain its conformity with the requirements of this section. The designated subdivision committee or site plan committee, as the case may be, shall hold public hearings on the application and is required to maintain minutes of the hearings, said minutes to be made a part of the record of the Board. The subdivision committee or the site plan committee, as the case may be, shall offer its recommendations to the Board.

h. Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to remove any adverse effect(s) prior to further review, classification or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

i. In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:

1. That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Article 13-600 of this chapter pursuant to N.J.S.A. 40:55D-65c.

2. That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are adequate;

3. 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;

4. That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

5. 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 of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

j. All hearings held on applications for preliminary major subdivision approval (and in certain cases preliminary major site plan approval) shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see subsection 13-706.4).

k. The recommendation of those agencies and officials to whom the preliminary plat or plan was forwarded shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.

l. Should minor revision or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 60 days from the date of said approval. Should major revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.

m. If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with subsection 13-706.6 of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.

§ 13-804.6 Effect of Preliminary Approval.

[Ord. #92-05, § 9]

a. Preliminary approval shall confer upon the applicant the following rights for a three year period from the date on which the resolution of preliminary approval is adopted:

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; off-tract improvements; and, in the case of a site plan, any requirements peculiar to the site plan approval, except that nothing herein shall be construed to prevent the Township 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 of sections of the preliminary plat or plans; and

3. That the applicant may apply for, and the 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.

b. In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights conferred to in subsection 13-804.6a hereinabove for such period of time, longer than three years, as shall be determined by the 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.

c. In the case of a subdivision or of a site plan for an area 50 acres or more, the applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the 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;

4. The comprehensiveness of the development; and

5. Provided that if the design standards have been revised by ordinance, such revised standards may govern.

d. Whenever the Planning Board grants an extension of preliminary approval pursuant to subsection 13-804.6 paragraphs a3 and c above, and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

e. The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board: (1) 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 (2) that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before: (1) what would otherwise be the expiration date of preliminary approval, or (2) the ninety-first (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 subsection 13-804.6 paragraphs a3 and c above.

§ 13-805 SUBMISSION OF FINAL MAJOR SUBDIVISION PLATS AND FINAL MAJOR SITE PLANS.

§ 13-805.1 Procedure for Submitting Final Plats and Final Plans.

[Ord. #94-25, § 3]

A final plat or final plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer at least 10 days prior to the first regularly scheduled meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be: 20 folded copies of the final major subdivision plat or final major site plan; 20 completed copies of the appropriate application(s), which includes the check list(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter and the items of information required therein; and a fee in accordance with Article 13-900 of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans, and agrees to be bound by it.

§ 13-805.2 Details Required for Final Major Subdivision Plats and Final Major Site Plans.

[Ord. #2000-16, § 4; Ord. #2000-19, § 4]

a. All details stipulated in subsections 13-804.2 and 13-804.3 of this chapter.

b. All additional details required at the time of preliminary approval shall be submitted.

c. A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.

d. Detailed architectural and engineering data including:

1. An architect's third angle projection drawing, with total envelope dimensions, of each structure and sign or of a typical structure and/or sign, showing front, side and rear elevations.

2. Cross sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, including centerline geometry and horizontal alignments with bearings, radii and tangents.

3. Plans and profiles of all storm and sanitary sewers and water mains.

4. All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 5,000 and the dimensions of all lot lines to within one to 10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than three hundred (300') feet apart and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the U.S. Geodetic Survey System, with the data on the plat as to how the bearings were determined.

e. The final submission shall be accompanied by the following documents:

1. Certificate from the Township Tax Collector that all taxes and assessments are paid to date;

2. Letters directed to the Chairman of the Board and signed by a responsible official of the electrical power utility, water company, sewer utility and of any other company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, including the Township Board of Health, if applicable, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The designing engineer(s) shall certify to the Board that the existing cross-section(s) and profile(s) have been run in the field and the field notes shall be forwarded to the Township Engineer;

3. The applicant shall certify in writing to the Board that he has:

(a) Installed all improvements in accordance with the requirements of this chapter; and/or

(b) Posted a performance guarantee in accordance with Section 13-902 of this chapter.

4. A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in Section 13-902 of this chapter, and that such improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guarantee.

f. For "projects of regional significance" (as defined in this chapter), the applicant shall secure a certification from the Township Engineer confirming (i) that the project is one of regional significance, and (ii) which municipalities are affected thereby. Upon receipt of said certification, the applicant shall provide the entire application (with all reports and plans) together with the aforesaid certification, to the Municipal Clerk of all of the affected municipalities. Proof of service to the affected municipalities shall be forwarded to the Township Engineer as part of the completeness determination. Additionally, the applicant shall provide notice of the hearing on the aforesaid project to the Municipal Clerk of all of the affected municipalities, in accordance with subsection 13-706.4 of this chapter.

g. A final major subdivision application for development shall be submitted with a digital plan showing all information as required on the final plat.

§ 13-805.3 Action by the Township.

[Ord. #92-05, § 10; Ord. #2000-12, § 1]

a. The Planning Board or Zoning Board of Adjustment, as the case may be, and its professional advisors, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. The Board shall:

1. If said application is found to contain all of the information required by a check list adopted as part of this Land Development Ordinance and attached hereto following this chapter, the Board, or its agent in those specific instances where designated, shall certify that said application is complete.

2. If said application is found to lack some of the information required by the check list adopted as part of this Land Development Ordinance and attached hereto following this chapter, said Board shall either:

(a) Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

(b) If the Board reasonably concludes that the missing items of information are necessary to make an informed decision on the application, but are not of such significance to cause the application to be deemed incomplete, said Board may declare the application complete, conditioned upon the submission of the missing items of information to the Administrative Officer within 10 days; or

(c) If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.

3. An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in subsections 13-804.2 and/or 13-804.3 and said request shall be granted or denied by the Board within 45 days.

4. In the event the Board fails to act pursuant to subsections 13-805.3a1, 13-805.3a2(a), or 13-805.3a2(b) hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth (46th) day following its submission.

b. On the date the foresaid application is certified complete, or on the forty-sixth (46th) day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require revisions in the application documents; as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

c. Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

1. The Planning Board or the Zoning Board of Adjustment, as the case may be (seven [7] copies of the final plat or plan and seven [7] copies of the application);

2. Planning Board or Zoning Board of Adjustment Attorney, as the case may be (one [1] copy each of the final plat or plan and the application);

3. 'Township Planner (one [1] copy each of the final plat or plan and the application);

4. Township Engineer (one [1] copy each of the final plat or plan and the application);

5. Construction Official (one [1] copy of the final plat or plan);

6. Township Board of Health (one [1] copy of the final plat or plan);

7. Township Environmental Commission (one (1] copy each of the final plat or plan and the application);

8. Township Tax Assessor (one [1] copy each of the final plat or plan and the application);

9. Planning Board or Zoning Board of Adjustment Secretary, as the case may be (one [1] copy each of the final plat or plan and the application);

10. Township Clerk (one [1] copy each of the final plat or plan and the application for the Township's files);

11. At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the final plat or plan shall be sent to other Township, County or State agencies and officials, including a subdivision or site plan committee as may be designated by the Board.

d. The Board shall take action on final site plan and final subdivision applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

e. Any designated subdivision committee or site plan committee, as the case may be, shall read any written report submitted concerning the application and shall itself review the submission to ascertain its conformity with the requirements of this chapter. The designated subdivision committee or site plan committee, as the case may be, shall hold public hearings on the application and is required to maintain minutes of the hearings, said minutes to be made a part of the record of the Board. The subdivision committee or the site plan committee, as the case may be, shall offer its recommendations to the Board.

f. The recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the final submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the final plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy and at least two mylar copies of the approved plat in addition to the 10 paper copies.

g. After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with subsection 13-706.6 of this chapter:

1. Administrative Officer (one [1] paper copy);

2. Township Engineer (one [1] paper copy and, in the case of subdivisions only, one [1] mylar copy drawn to the tax map scale of one inch equals one hundred (1" = 100') feet or one inch equals four hundred (1" = 400') feet, as directed by the Township Engineer);

3. Construction Official (one [1] paper copy);

4. Township Tax Assessor (one [1] paper copy);

5. The Applicant (one [1] paper copy and, in the case of subdivisions only, one [1] mylar copy); and

6. Such other Township, County or State agencies and officials as directed by the Board.

h. The subdivider shall submit the final plat to the Board ready for signature within six months from the date of final approval, or within any extension of such six month period granted by the Board for good cause shown. If the subdivider fails to submit the final plat for signature the final approval shall expire. Within 95 days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of same with the Somerset County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days. The Planning Board may extend either of the 95 day periods aforesaid 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.

i. If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Secretary of the Board, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

j. In the case of "MF", "PRD" and "PUD" developments only, final approval shall not be granted for any section of the development unless the following phasing plan for the construction and occupancy of required 'low' and 'moderate' income units to market dwelling units have been adhered to (see subsection 13-606.3i):

1. The developer may construct and occupy up to 25% of the total number of market units within the development prior to constructing any 'low' or 'moderate' income units.

2. The developer may thereafter construct and occupy an additional 25% of the market units within the development, provided that at least 25% of the 'low' and 'moderate' income units are constructed and have received certificates of occupancy.

3. The developer may thereafter construct and occupy an additional 25% of the market units within the development, provided that an additional 50% of the 'low' and 'moderate' income units are constructed and have received certificates of occupancy.

4. The developer may thereafter construct and occupy the remaining 25% of the market units within the development, provided that the remaining 25% of the 'low' and 'moderate' income units are under construction and, provided further, that the same percentage of 'low' and 'moderate' income units versus market units shall have received certificates of occupancy at any time.

§ 13-805.4 Effect of Final Approval.

[Ord. #92-05, § 11]

a. Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date on which the resolution of final approval is adopted:

1. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.

2. If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.

b. In the case of a subdivision or site plan for a planned unit development, planned residential development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in subsection 13-804.4a above for such period of time, longer than two years, as shall be determined by the 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.

c. In the case of a subdivision or site plan for a planned unit development, planned residential development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the developer may apply thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the 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.

d. Whenever the Planning Board grants an extension of final approval pursuant to subsection 13-805.4a2 and c above, and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

e. 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: (1) 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 (2) 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 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. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to subsections 13-805.4, paragraphs a2 and c above.

§ 13-806 PRESERVATION OF STRUCTURES AND SITES. [1]

[1] Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 90-4, 90-17, 92-10, 92-25.

§ 13-806.1 Statement of Purpose.

[Ord. #95-28, § 1]

These historic preservation regulations are intended to provide for the protection of especially noteworthy examples or elements of the Township's man-made environment in order to:

a. Safeguard the heritage of the Township by preserving resources which reflect elements of its cultural, social, economic and architectural history;

b. Encourage the appropriate use of historic buildings and structures and to facilitate their rehabilitation where appropriate through private reinvestment;

c. Stabilize and improve property values within historic districts and foster civic pride;

d. Promote the conservation of historic sites and districts and promote their appreciation for the education, enjoyment, and welfare of the population;

e. Encourage any proposed alterations or new construction to be in keeping with any historic site or district;

f. Recognize the importance of individual historic sites located outside of designated historic district by encouraging property owners and tenants to maintain their properties in voluntary compliance with the requirements and standards of this section.

g. Enhance the visual and aesthetic character, diversity and continuity of historic resources in the Township;

h. Use the period and vernacular architecture in the designated historic districts as a theme for future development in the area.

§ 13-806.2 Definitions.

[Ord. #95-28, § 1; Ord. #97-08, § 1]

As used in this Section 13-806, the terms set forth hereinafter shall have the following meanings, or such meanings as are found in Section 13-200:

ADDITION

Shall mean a new improvement constructed as part of an existing improvement when such new improvement changes the exterior architectural appearance of the existing improvement.

AFFECTING A HISTORIC DISTRICT

Shall mean the act by which any development alters the exterior architectural appearance of any improvement within a designated historic district.

ALTERATION

Shall mean any work done on any improvement which:

a. Is not an addition to the improvement; and

b. Constitutes a change by addition or replacement in the exterior architectural appearance of an improvement.

APPLICANT

Shall mean any private person, persons, or any representative of any private entity, private organization, association or public agency with legal authority to make an alteration, addition, improvement, renovation, repair or demolish a structure.

CERTIFICATE OF APPROPRIATENESS

Shall mean a document issued only by the Historic Preservation Commission indicating a finding that the development or improvement conforms to the standards of this Section 13-806.

DEMOLITION

Shall mean partial or total razing or destruction of any improvement within a designated historic district.

EXTERIOR ARCHITECTURAL FEATURE

Shall mean any element or resource of the architectural style, design, or general arrangement of a structure that is visible from the outside including, but not limited to the style and placement of all windows, doors, cornices, brackets, porch spindles, railings, shutters, the roof, the type, color, and texture of the building materials, signs, fences, and other decorative architectural elements.

HISTORIC DISTRICT

Shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HISTORIC PRESERVATION COMMISSION (OR COMMISSION)

Shall mean the body designated and created herein pursuant to subsection 13-806.3 which acts as the historic preservation commission as cited in the Municipal Land Use Law N.J.S.A. 40:55D et seq.

HISTORIC SITE

Shall mean any buildings, structures, sites, or objects which possess integrity of location, design, setting, materials, workmanship and association, and which have been determined, pursuant to the terms of this section, to be:

a. Of particular historic significance to the Township of Bedminster by reflecting or exemplifying the broad cultural, political, economic, or social history of the nation, State, or community; or

b. Associated with the historic personages important in national, State, or local history; or

c. The site of a historic event which had significant effect on the development of the nation, State, or community; or

d. An embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering; or

e. Representative of the work of an important builder, designer, artist, or architect; or

f. Significant for containing elements of design, detail, materials, or craftsmanship which represent a significant innovation; or

g. Able or likely to yield information important in prehistory or history.

IMPROVEMENT

Shall mean any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than one hundred twenty (12) continuous days.

OBJECT

Shall mean a thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.

ORDINARY MAINTENANCE

Shall mean the act of repairing any deterioration, wear, or damage to a structure, or any part hereof, in order to return the same as nearly practicable to its condition prior to the occurrence of such deterioration, wear, or damage. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, including signs, using the same materials and having the same appearance.

REPAIR

Shall mean any work done on any improvement which:

a. Is not an addition to the improvement; and

b. Does not change the exterior architectural appearance of any improvement.

RECONSTRUCTION

Shall mean the act or process of reproducing by new construction the exact form and details of the exterior building, structure, object, or part thereof, as it appeared at a specific period of time.

REHABILITATION

Shall mean the act or process of returning the exterior of a building or structure to a state of utility through repair and alteration which makes possible an efficient contemporary use while preserving those portions of features of the property which are significant to its historic, architectural, and cultural values.

REMOVAL

Shall mean the act of partially or completely causing a structure or portion of a structure to change to another location, position, station or residence.

REPLACEMENT

Shall mean the act or process of replicating any exterior architectural feature.

RESTORATION

Shall mean the act or process of accurately recovering the form and details of the exterior of a building and/or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

§ 13-806.3 Historic Preservation Commission.

[Ord. #95-28, § 1]

a. There is hereby created in and for the Township of Bedminster a Commission to be known as "The Historic Preservation Commission." This Commission shall advise the Planning Board and the Zoning Board of Adjustment on the effect of development applications or improvements within a designated historic district or at a designated historic site.₊ In addition, the Commission shall review all building permit applications which affect a designated historic site or improvements within a designated historic district. The Commission's reviews shall be based on objective criteria and will complement existing land use and construction codes. The controls established, while compatible with both the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the Uniform Construction Code Act, N.J.S.A. 54:27D-119 et seq., should be viewed as having an independent basis under N.J.S.A. 40:48-2.

b. Members.

1. The Commission shall consist of seven regular members and two alternate members. The regular Class A member shall be a person who is knowledgeable in building design and construction or architectural history. The Class B member shall be a person who is knowledgeable or with a demonstrated interest in local history. Although a person who is not a resident of the Township may serve as a Class A or Class B member, preference shall be given to residents having a degree in architecture, history or archaeology. The remaining five regular members shall be designated as Class C. Class C members shall be citizens of the Township who shall hold no other municipal office, position or employment except for membership on the Planning Board. Alternate members shall meet the qualifications of Class C members.

[Amended 3-18-2019 by Ord. No. 2019-001]

2. The Mayor shall appoint, with the approval of the Township Committee, all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2". The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years; and the term of an alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Notwithstanding any other provision herein, the terms of any member common to the Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Commission and the Board of Adjustment shall be for the term of membership on the Zoning Board of Adjustment.

3. Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

4. The Township Committee shall annually designate one of its members to serve as a liaison between the Township Committee and the Historic Preservation Commission. Such liaison shall not be a member of the Commission.

c. Officers, Duties. The Commission shall annually elect a Chairperson and Vice-chairperson from its members and select a Secretary who may or may not be a member of the Commission or a municipal employee. The secretary shall keep written or recorded minutes of all proceedings. The Secretary shall also keep a log of all decisions on applications by designated lot, block, and address, which log shall be maintained as an official record of the Township of Bedminster.

d. Meetings; Rules. The Commission shall meet at least once per month or as often as required to fulfill its obligations to advise the Planning Board, Board of Adjustment, or Construction Code Official, and shall adopt rules and regulations of procedure to include the following:

1. That a quorum to conduct a meeting shall be at least three members and that no less than two votes shall be necessary to take any formal action.

2. That all meetings shall comply with N.J.S.A. ¹⁰:4-6, et seq., known as "The Open Public Meetings Act".

3. Such other rules and regulations as the Commission may adopt to further its purposes.

e. Experts and Staff/Expenses and Costs.

1. The Township Committee shall make a provision in its budget and appropriate funds for the expenses of the Commission.

2. The Commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary, provided that expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for the Commission's use. The Commission shall obtain its legal counsel from the municipal attorney at the rate of compensation determined by the Township Committee.

f. Responsibilities of the Historic Preservation Commission. The Historic Preservation Commission shall be responsible to:

1. Prepare a survey of historic sites of the municipality or advise the Planning Board in the preparation of such survey as part of the historic preservation plan element;

2. Make recommendations to the Planning Board on the Historic preservation plan element of the master plan and on the implications for preservation of historic sites or districts of any other master plan elements;

3. Advise the Planning Board and Board of Adjustment on the inclusion of historic sites in any recommended capital improvements program;

4. Advise the Planning Board and Board of Adjustment on applications for development.

5. Provide written reports to the Administrative Officer pursuant to N.J.S.A. 40:55D-111 on the application of the zoning ordinance provisions concerning historic preservation; and

6. Carry out such other advisory, educational and informational functions as will promote historic preservation in Bedminster Township.

§ 13-806.4 Designation of Historic Districts and Sites; Commission to Recommend to Planning Board; Committee Action.

[Ord. #95-28, § 1; Ord. #97-30, § 1; Ord. #2000-14, § 1]

a. The following designated historic districts, as shown on the Historic District Map included at the end of this section, are subject to the regulations contained in this Section 13-806:.

Pluckemin Village*

Bedminster Village

Lamington*

Pottersville*

*Listed in the State and National Register of Historic Places.

b. The following are designated historic sites which shall be subject to the regulations contained in this Section 13-806:

Kline's Mill*

Jacobus Vanderveer/Henry Knox House*

*Listed in the State and National Register of Historic Places.

c. The Commission shall consider for historic district or site designation any additional buildings, structures, objects, sites and districts with the Township which merit historic district or site designation and protection, possessing integrity of location, design, setting, materials, workmanship or association, and which qualify as historic districts or historic sites as defined in subsection 13-806.2.

d. Based on its review or upon the recommendation of other Township bodies or of concerned citizens, the Commission shall prepare a list of districts or sites recommended for designation. For each district or site there shall be a brief description, a statement of its significance pursuant to the criteria outlined in this section, a description of the district or site location and boundaries, and a map siting.

e. The list of potential districts and sites as well as the description, significance, location, boundaries, and map siting of each, shall be subject to review at a Commission public hearing. At least 10 days before such a hearing, notice of the hearing shall be published in an official newspaper of the Township. At the hearing, interested persons shall be entitled to present their opinions prior to the Commission voting on its recommendations to the Planning Board.

f. After the hearing, the Commission shall submit its recommendations for sites and/or districts to be designated to the Planning Board and the Township Clerk. The Planning Board shall review the recommended designation(s) at a public meeting specified on a date not less than 15 nor more than 45 days from the date of publication. Within 15 days following such public meeting, the Planning Board shall forward such recommendation as it deems appropriate on any district designation to the Township Committee.

g. Final determination that historic district or site status is appropriate shall be made by the Township Committee upon the advice of the Planning Board. Such a final determination shall be reflected in an appropriate amendment to the Land Development Ordinance to create the designated historic district(s) or site(s).

h. Copies of the official list and map of designated historic districts and sites as adopted shall be made public and distributed to all municipal agencies reviewing development applications and building permits.

§ 13-806.5 Actions Requiring Review by the Historic Preservation Commission.

[Ord. #95-28, § 1]

a. All actions that affect the exterior of an improvement to a designated historic site or within a designated historic district as listed in subsection 13-806.4a and 13-806.4b shall be reviewed by the Commission. Such review shall be required for the following actions:

1. Demolition of an improvement within a historic district or at a historic site.

2. Relocation of an improvement within a historic district or at a historic site.

3. Change in the exterior appearance of an improvement within a historic district or at a historic site by addition, alteration or replacement.

4. Site plans or subdivisions affecting an improvement within a historic district or a historic site.

5. Any new construction of an improvement in a historic district or at a historic site.

6. Changes in, or addition of, signs or exterior lighting for an improvement within a historic district or at a historic site.

7. Zoning variances affecting an improvement within a historic district or at a historic site.

§ 13-806.6 Actions Not Requiring Review by the Historic Preservation Commission.

[Ord. #95-28, § 1]

a. Changes to the interior of structures.

b. Ordinary repairs and maintenance which do not constitute a change to the appearance of the structure. The following are the only activities which do not require Commission review according to this criteria:

1. Repair of existing windows and doors, using the same materials. This does not include replacement of existing windows and doors.

2. Maintenance and repair of existing roof material, involving no change in the design, scale, material or appearance of the structure. This does not include complete replacement of existing roof materials.

3. Repair of existing roof structures, such as cupolas, dormers, and chimneys, using the same materials, which will not alter the exterior architectural appearance of the structure.

4. Maintenance and repair of existing shingles, clapboards, or other siding, using the same materials and details that are being repaired or maintained.

5. Repairs to existing signs, shutters, outdoor displays, fences, hedges, street furniture, awnings, off-street driveway and parking materials and sidewalks using the same material for those items noted above being repaired. This does not include replacement of those existing items.

6. Painting of the exterior of a structure.

c. When a structure within a designated historic district or at a designated historic site requires immediate or emergency repair to preserve the continued habitability of the structure and/or the health, safety and welfare, of the occupants, such repairs may be performed in accordance with the Township Codes and Ordinances, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs shall be limited to those necessary to protect the health and safety of the occupants as determined by the Township Construction Code Official. In such case, the property owner shall immediately notify the Commission of such repairs, and request a review of proposed activities as soon as possible. The Chairperson may call a special meeting of the Commission in accordance with the provisions for emergency review in cases of emergency which call for extensive repairs or alterations.

§ 13-806.7 Procedures for the Commission's Review of Development Applications.

[Ord. #95-28, § 1]

a. For All applications for development presented to the Planning Board or Zoning Board of Adjustment which affect an improvement within a designated historic district or at a designated historic site, the property owner shall submit to the Administrative Officer an application for a certificate of appropriateness, drawings and plans of the proposed improvement, and samples of materials and colors, as part of the request for either Board's approval.

b. The Planning Board or Zoning Board of Adjustment shall forward to the Commission a complete set of all application material as well as the application for certificate of appropriateness. The Commission shall schedule the application for review at its next regularly scheduled meeting. Failure to the Commission to act on an application for a certificate of appropriateness within 45 days of receipt of a complete application shall be deemed to constitute a report in favor of the issuance of any required permit or approval.

c. Any recommendations from the Historic Preservation Commission shall be in the form of a written report transmitted to the Administrative Officer for distribution to the review agency, and the Commission's recommendations may be orally conveyed to the appropriate board through the Commission's delegate at a hearing on the application. The Commission's recommendations shall focus on how the proposed undertaking would affect the historic or architectural significance of a building or structure. Upon a finding that the proposed activity conforms or fails to conform to the requirements of this section, the Historic Preservation Commission shall issue or deny a certificate of appropriateness for the proposed activity, and may recommend conditions for the issuance of any permit or approval.

d. The Planning Board or Zoning Board shall give due consideration to the recommendations of the Historic Preservation Commission, but the Planning Board and Zoning Board of Adjustment shall retain the ultimate discretion to approve or deny any application for development, notwithstanding the receipt of a negative recommendation of the Historic Preservation Commission or its refusal to issue a certificate of appropriateness. In considering the Commission's recommendations, the Planning Board and Zoning Board of Adjustment shall be guided by the review criteria established in subsection 13-806.9 of this section.

§ 13-806.8 Procedures for the Commission's Review of Building Permits and Alterations Not Requiring Planning Board or Board of Adjustment Approval.

[Ord. #95-28, § 1]

a. Prior to undertaking any action affecting a designated historic site or the exterior of an improvement within a designated historic district, the property owner shall complete and submit to the Administrative Officer an application for a certificate of appropriateness and drawings and plans of the proposed improvement and samples of materials and colors. The Administrative Officer shall immediately forward such application to the Commission.

b. If the proposed undertaking requires a construction permit, the Construction Code Official shall notify the applicant that he or she must submit an application for a certificate of appropriateness to the Historic Preservation Commission. This includes, but is not limited to, permits for new construction, demolition, alterations, additions, repairs, or replacements affecting a designated historic site or an improvement within a designated historic district.

c. The Commission, within 14 days of receipt, shall review the application for adequacy of information and shall provide a written explanation of the reasons any application was found to be lacking adequate information.

d. When an application is found to include adequate information to permit a review by the Commission, the Secretary shall schedule the application for review at the Commission's next scheduled meeting. The applicant shall be notified of the meeting date and shall be provided an opportunity to speak at the meeting.

e. The Commission shall recommend to the Construction Code Official either the approval or denial of the application and shall explain in writing the reasons for their recommendation. The Commission's recommendation shall focus on how the proposed undertaking would affect the historic or architectural significance of an affected structure as outlined in this section. Where the Commission recommends in favor of approval of the proposed activity, the Commission shall issue a certificate of appropriateness, which may include conditions to be imposed at the time of permit issuance. If no construction permit is required for the proposed activity, the Commission shall issue a certificate of appropriateness if it finds the proposed activity to be consistent with the standards of this section.

f. If an application involves demolition or removal, the Commission's recommendation shall specifically include whether postponement of such demolition or removal should be considered by the Construction Code Official.

§ 13-806.9 Criteria for Review of Applications.

[Ord. #95-28, § 1]

In reviewing an application for its effect on a building, improvement, or structure at a designated historic site or within a designated historic district, the following criteria shall be used by the Commission, the Planning Board and Zoning Board of Adjustment.

a. In regard to all applications affecting a designated historic site or an improvement within a designated historic district, the following factors shall be considered:

1. The impact of the proposed change on the historic and architectural significance of the designated historic district or site;

2. The site's importance to the Township of Bedminster and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest.

3. The use of any structure involved;

4. The extent to which the proposed action would adversely affect the public's view of a designated historic site or an improvement within a designated historic district from a public street;

5. The impact the proposed change would have on the site or district's architectural or historic significance and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth herein.

b. In regard to an application for new construction or replacements affecting a designated historic site or an improvement within a designated historic district, the following factors shall be considered visual compatibility factors:

1. Height. The height of the proposed building shall be visually compatible with adjacent buildings.

2. Proportion of the Building's Front Facade. The relationship of the width of the building to the height of the front elevations shall be visually compatible with the buildings and places to which it is visually related.

3. Proportion of Openings Within the Building. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.

4. Rhythm of Spacing of Buildings on Streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.

5. Rhythm of Solids to Voids on Facades Fronting on Public Places. The relationship of solids to voids in such facades of a building shall be visually compatible with buildings and places to which it is visually related.

6. Rhythm of Entrances. The relationship of entrances and porches to the street shall be visually compatible to the buildings and places to which it is visually related.

7. Relationship of Materials. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in buildings to which it is visually related.

8. Roof. The roof shape of a building shall be visually compatible with the buildings to which it is visually related.

9. Continuity of Walls. Appurtenances of a building such as walls, open fencing, evergreens, and landscaping shall form cohesive walls of enclosure along a street to the extent necessary to maintain visual compatibility of the building with the buildings and places to which the place is visually related.

10. Scale of Buildings. The size of a building, mass of a building in relation to open spaces, the windows and door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.

11. Exterior Features. A structure's related exterior features such as steps and railings, columns, patios and porches, flower boxes, canopies and awnings, lighting, fences, signs, sidewalks, driveways, and parking areas shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the structure is significant. New signage shall also abide by any supplemental historic design graphic standards that may be adopted by ordinance by the Township Committee.

c. In addition to the visual compatibility factors listed in subsection 13-806.9b, the following standards as promulgated by the U.S. Secretary of the Interior, shall be considered:

1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building, structure and its site and environment.

2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property should be avoided.

3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings should not be undertaken.

4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

5. Distinctive stylistic features, finishes, and construction techniques or examples of craftsmanship which characterize a building, structure or site shall be preserved.

6. Deteriorated historic features, shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

7. The surface cleaning of buildings and/or structures, if appropriate, shall be undertaken using methods which do not damage the exterior surface materials.

8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken, and appropriate steps should be taken by the applicant to record the archaeological resources according to generally accepted standards.

9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property, neighborhood and its environment.

10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

d. In its review, the Historic Preservation Commission shall also be guided by the Secretary of the Interior's Standards for the Treatment of Historic Properties and by the Preservation Briefs (prepared by the U.S. Department of the Interior, National Park Service, Washington, D.C. and as amended from time to time).

§ 13-806.10 Additional Regulations.

[Ord. #95-28, § 1]

In addition to the criteria for review of applications as outlined in subsection 13-806.9, the Commission, the Planning Board, and the Zoning Board of Adjustment shall consider the following additional regulations in reviewing an application for its effect on a building, improvement, or structure at a designated historic site or within a designated historic district:

a. Demolition. In regard to an application to demolish any improvement, the following matters shall be considered:

1. Its historic, architectural, cultural or scenic significance.

2. The significance of the structure in relation to the historic character of the district and the probable impact of its removal on the district.

3. Its potential for use for those purposes currently permitted by the Zoning Ordinance.

4. Its structural condition and the economic feasibility of alternatives to the proposal.

5. Its importance to the Township and the extent to which its historical or architectural value is such that its demolition would be detrimental to the public interest.

6. The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could be reproduced only with great difficulty and expense.

7. The extent to which its retention would promote the general welfare by maintaining and enhancing the real estate values, generating business, attracting tourists, attracting new residents, stimulating interest and study in architecture and design or making the Township an attractive and desirable place in which to live.

8. The probable impact of its demolition upon the ambience of the historic district or site.

b. Removal. In regard to an application to move any structure at a designated historic site or within a designated historic district, the following matters shall be considered:

1. The significance that losing its original historic location would have on the building or structure, and, if located within a designated historic district, the impact on the historic district as a whole.

2. The reasons for not retaining the building improvement or structure at its present location.

3. The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the protection of interests and values referred to in this section.

4. The probability of significant damage to historic buildings or structures.

5. If the proposed new location is a designated historic site or within a designated historic district, visual compatibility factors as set forth in subsection 13-806.9 of this section.

6. If it is to be removed from the Township, the proximity of the proposed new location to the Township including the accessibility to the residents of the Township and other citizens.

c. Synthetic Siding. Synthetic (metal or vinyl) siding may be used to resurface facades on buildings at a designated historic site or within a designated historic district that were originally wood-sided only if the substitute siding is similar in design, width, and texture to the original clapboard and will not endanger the physical condition and structural life of the building. Architectural trim shall be retained.

d. Window and Door Openings. The number, size and locations of original window and door openings shall be retained. Window and door openings shall not be reduced to fit stock material. New window and door openings shall not be added on elevations that are subject to view from public street. Non-wood surface window frames and doors may be used on buildings at a designated historic site or within a historic district that were originally wood windows and doors when the substitute windows and doors are similar in design, width and texture to the original wood windows or doors and will not endanger the physical condition and structural life of the building. Architectural trim and adornments shall be retained.

e. Color Standards. All plans shall indicate the proposed color treatment for all exterior features of the building. Colors shall be Benjamin Moore Historical Color Collection or equivalent.

f. Signs and Lighting. Where signs are permitted, they shall be made of materials and colors that blend into the basic architectural style of the buildings. Both pole mounted lighting and facade lighting, if permitted, shall utilize fixtures compatible with the architectural style of the buildings.

§ 13-806.11 Effect of Certificate of Appropriateness Approval; Denial; Appeal.

[Ord. #95-28, § 1; Ord. #09-028, § 10]

a. Approval of a certificate of appropriateness by the Commission, shall be a precondition to approval of a construction permit of any collateral application or other proceeding required by Chapter 13 (Land Development) or any other municipal ordinance to be made prior to undertaking the action requested concerning a designated historic site or an improvement in a designated historic district. However, applications for a permit to demolish any improvement at a designated historic site or within a designated historic district shall be governed by the provisions of subsection 13-806.12.

b. Denial of a certificate of appropriateness or of a construction permit shall be deemed to bar the applicant from undertaking any activity which would affect the designated historic site or district which was the subject of the denied application, except demolition, which shall otherwise be governed by the provisions of subsection 13-806.12.

c. An appeal from the determination of the Commission, or Construction Code Official based upon the Commission's recommendation shall be to the Land Use Board pursuant to N.J.S.A. 40:55D-70(a). If the Land Use Board determines that there is an error in any order, requirements, decision or refusal made by the Construction Code Official pursuant to a report submitted by the Commission, the Land Use Board shall include the reasons for its determination in its written resolution.

§ 13-806.12 Procedure Where Demolition Disapproved; Demolition Notice.

[Ord. #95-28, § 1; Ord. #09-028, § 10]

a. In the event that the Commission denies a certificate of appropriateness to demolish a building or structure at a designated historic site or within a designated historic district, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish such building or structure provided that all of the following requirements have been fully met:

1. The owner has applied for the necessary certificate of appropriateness and has received notice of denial for same from the Commission and has appealed to the Land Use Board, which has affirmed such denial.

2. The owner has met the notice requirements set forth in subsection 13-806.12b for the full notice period as defined in subsection 13-806.12c.

3. The owner has, during the notice period and for a price reasonably related to its fair market value, made a bona fide offer to sell such building or structure and the land pertaining thereto to any person, organization, government or agency thereof which gives reasonable assurance that it is willing to preserve the building or structure and the land pertaining thereto.

4. The owner shall not have been a party to any bona fide contract, binding upon all parties thereto, for the sale of any such building or structure and the land pertaining thereto executed prior to the expiration of the notice period, except a contract made in accordance with paragraph b3 above.

b. Notice of proposed demolition shall be posted on the premises of the building or structure throughout the notice period in a location such that it is clearly readable from the street. In addition, the applicant shall publish a notice of his intent to demolish in the official newspaper of the Township as follows:

1. Within the first 10 days of the notice period.

2. Within a period that is within the first 55 to 70 days of the notice period.

3. Within not less than 10 nor more than 15 days prior to the expiration of the notice period.

c. The period of time during which notice must be given in the manner hereinbefore set forth shall be known as the "Notice Period," which shall commence on the 10th day following the date of the notice of denial received from the Land Use Board after an appeal as set forth in subsection 13-806.11 and such notice period shall continue for a period of four months.

§ 13-806.13 Enforcement; Penalties.

[Ord. #95-28, § 1; Ord. #09-028, § 10]

a. Any person, including the owner of the property, contractors, and those acting at the request or by the authority of the owner and/or contractor, who shall undertake an activity which would cause a change in the exterior architectural appearance of any improvement at a designated historic site or within a designated historic district by addition, alteration or replacement without first obtaining a certificate of appropriateness or an approval of the Land Use Board as provided in subsection 13-806.7d, shall be deemed to be in violation of the section.

b. Upon learning of the violation, the Construction Code Official shall cause to be served personally upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the improvement to the condition it was in prior to the violation occurring. If the owner cannot be personally served within the Township with the said notice, a copy shall be posted on the site and a copy sent to the owner at his last known address as it appears on the Township tax rolls.

c. In the event that the violation is not abated within 10 days of service or posting on the site, whichever is earlier, the Construction Code Official shall cause to be issued a summons and complaint, returnable in the municipal court, charging violation of this section and specifying the wrongful conduct of the violator. Each separate day the violation exists shall be deemed to be a new and separate violation of this section.

d. The penalty for violation shall be as follows:

1. For each day up to 10 days - not more than $100 per day;

2. For each day 11 days to 25 days - not more than $150 per day;

3. For each day beyond 25 days - not more than $200 per day.

§ 13-807 MAINTENANCE OF UNOBSTRUCTED ROADS.

[Ord. #86-9, §§ 1—5]

a. On any construction site where more than one dwelling unit is being constructed, the applicant seeking subdivision or site plan approval or the landowner shall be responsible for insuring that the wheels of all vehicles be clean upon entering a public roadway within the Township of Bedminster so as not to deposit any debris which will obstruct the safe passage of said roads.

b. No vehicle shall enter onto the roadways or shall travel within the Township of Bedminster if its tires have more than three-eighths (3/8") inch of dirt, mud or other debris on them.

c. Written notice must be posted by the applicant or the landowner at the entrance and exit of every construction site stating that:

All vehicle wheels must be clean and free of mud, dirt or other debris before the vehicle shall be permitted to enter any public roadway within the Township of Bedminster.

d. When any vehicle enters the roadway with dirt, mud or debris on its wheels in violation of this section, the applicant for subdivision or site plan approval, or the landowner, will be notified of the violation by written notice either hand delivered or sent by certified mail, return receipt requested. In the event the applicant or the landowner fails to cause the street to be cleaned within 18 hours of receipt of the notice of violation, the Township Engineer shall cause the dirt, or other debris on the roadway to be removed.

e. The applicant or the landowner will be required to post a cash bond of $5,000 prior to the issuance of any construction permit for a construction project as set forth in paragraph a of this section, to cover all clean up costs that become necessary during the course of construction. This bond will be issued in favor of the Township of Bedminster and used to reimburse the Township for actual expenses incurred by it for street cleaning. The Township Engineer will be authorized to enforce this section for the Township. Any person who shall violate or fail to comply with any provision of this section, upon conviction thereof, shall be subject to a fine or imprisonment as established in Section 13-1005.

§ 13-808 LANDSCAPE ADVISORY BOARD.

§ 13-808.1 Established.

[Ord. #99-01, § 1]

There is hereby established in the Township of Bedminster a Landscape Advisory Board, which shall have the duties and powers hereinafter more particularly set forth.

§ 13-808.2 Composition; Appointment; Terms of Office.

[Ord. #99-01, § 1]

The Landscape Advisory Board shall be composed of three members, who shall be residents of the Township of Bedminster and who shall be appointed by the Mayor. The members of the Landscape Advisory Board shall receive no compensation for their services.

The members of the Landscape Advisory Board shall serve for terms as follows:

One member for a term of three years;

One member for a term of two years; and

One member for a term of one year.

Thereafter, all appointments shall be for a term of two years, and members shall serve until their respective successors are appointed. Vacancies shall be filled by the Mayor for the unexpired term.

The Landscaping Advisory Board shall organize within 30 days after the appointment of its total membership for the remainder of the then calendar year and thereafter annually and select from among its members a Chairperson.

§ 13-808.3 Power and Duties.

[Ord. #99-01, § 1]

The Landscape Advisory Board shall have the following powers and duties:

a. Act as field representatives to assist the Planning Board, the Zoning Board of Adjustment (as the case may be) and the Applicant (as such term is defined in this chapter) in the implementation of the approved landscape plans;

b. Consult with the Planning Board or Zoning Board of Adjustment Engineer and Planner, as appropriate, or with members of the respective Boards, if necessary, regarding landscape issues;

c. Make recommendations to the Planning Board or Zoning Board of Adjustment, as the case may be, to the extent the advice of the Landscape Advisory Board is sought by the Planning Board or Zoning Board of Adjustment in accordance with subsection 13-808.4 below.

The Landscape Advisory Board shall consult with the Zoning Board or Planning Board Engineer, as appropriate, the Township Planner, or other members of the Zoning Board or Planning Board, if necessary. The submission of a landscape plan to the Landscape Advisory Board shall not be part of any land development check list.

§ 13-808.4 Procedure.

[Ord. #99-01, § 1]

a. The Planning Board or Zoning Board of Adjustment may request the assistance and advice of the Landscape Advisory Board on any application for subdivision or site plan approval. If the assistance of the Landscape Advisory Board is sought, the Chairperson of either the Planning Board or Zoning Board of Adjustment, as the case may be, shall submit such request in writing to the Landscape Advisory Board. The request shall be accompanied by three copies of the application for development (with all accompanying plans). The request for the assistance and advice of the Landscape Advisory Board may be made at any time during the review process or during the construction of the project.

b. Upon receipt of a written request, the Landscape Advisory Board shall review the application for development, inspect the project site, if necessary, and make its recommendations in accordance with the request for assistance and advice. The Landscape Advisory Board shall meet as necessary to review the application, inspect the project site, and prepare a report to be submitted to the Planning Board or Zoning Board of Adjustment, as the case may be.

c. Any report submitted by the Landscape Advisory Board in response to a request for assistance and advice must be given to the appropriate Board not later than 30 days from the date of the written request. If no such report is issued by the Landscape Advisory Board within said 30 day time frame, the Planning Board or Zoning Board of Adjustment, as the case may be, may act without the recommendation of the Landscape Advisory Board.

d. All recommendations of the Landscape Advisory Board shall be advisory, and shall not be binding on the Planning Board or Zoning Board of Adjustment, as the case may be.

§ 13-809 COMPLIANCE REVIEW PROCEDURES.

§ 13-809.1 Purpose.

[Ord. #2001-25, § 1]

In order to ensure the orderly and proper compliance with any approval of an application for development, the following compliance review procedures are established.

§ 13-809.2 Compliance Review Folder.

[Ord. #2001-25, § 1]

A compliance review folder is to be opened by the Secretary of the appropriate Board once a resolution has been adopted. The jacket of the folder shall have a sign-off section for the Board Attorney, the Township Engineer, and the Board of Health before it is turned over to the Construction Code Official for building permit review purposes.

§ 13-809.3 Affidavit of Compliance.

[Ord. #2001-25, § 1]

The Board Attorney shall secure an Affidavit of Compliance from the applicant before the Board Attorney can sign on the jacket of the compliance review folder. The original Affidavit of Compliance is to be kept with the Township's compliance review folder.

§ 13-809.4 Easement/Deed Review.

[Ord. #2001-25, § 1]

The Board Attorney shall review all easements and deeds for accuracy. A uniform set of easement documents shall be developed for both Boards.

§ 13-809.5 Review of Plans by Township Engineer.

[Ord. #2001-25, § 1]

The Township Engineer shall review all plans for accuracy and consistency with the resolution and plans approved by the appropriate Board. All metes and bounds descriptions shall also be reviewed by the Township Engineer, prior to their final attachment to any easement or deed documents. No maps or plans are to be signed by the Township Engineer or other municipal officials until and unless the Township Engineer has first reviewed and approved the maps and plans, as well as all metes and bounds descriptions.

§ 13-809.6 Ordinances.

[Ord. #2001-25, § 1]

The Township Committee is to adopt any and all ordinances:

a. Accepting the dedication of easements and rights-of-way,

b. Vacating easements and rights-of-way.

As a condition precedent to the issuance of any building permits, the ordinances must be adopted and proof received that the easements have been recorded in the Somerset County Clerk's Office. The Township shall record all instruments. The Township Clerk shall ensure that the recording fees are paid by the applicant or through the escrow account established by the applicant as required by this chapter, before recording said instruments.

§ 13-809.7 Developer's Agreements/Guarantees.

[Ord. #2001-25, § 1]

The Township Attorney shall prepare the Developer's Agreement, if required, pursuant to Section 13-905 of this chapter, and attend to the recording of same. As a condition precedent to the issuance of any building permits, the Developer's Agreement is to be fully executed, a resolution authorizing its execution adopted and all guarantees required under Section 13-902 of this chapter posted with the Chief Financial Officer in a form acceptable to the Township Attorney. If a Developer's Agreement is not required, a performance bond agreement shall be prepared by the Township Attorney, executed by the applicant/developer and all guarantees posted with the Chief Financial Officer as required under Section 13-902 of this chapter in a form acceptable to the Township Attorney as a condition precedent to the issuance of any building permits.