[Article V adopted by Ordinance No. 2007-04]
[Ord. No. 2007-04; Ord. No. 2008-11; Ord. No. 2011-07 § 2]
a. 
There shall be no subdivision of lands nor land development associated with subdivision or site plans unless such subdivision or a site plan shall have been approved by resolution of the Land Use Board, and such resolution shall be a condition for the issuance of a permit for any development, except that (1) subdivision or individual lot applications for detached one- or two-dwelling unit buildings shall be exempt from site plan review and approval; and (2) divisions of land found by the Land Use Board or Subdivision Committee thereof appointed by the Chair to be for agricultural purposes where all resulting parcels are five acres or larger in size and no new streets are created.
b. 
Each application for subdivision approval, where required pursuant to N.J.S.A. 40:27-6.3, and each application for site plan approval, where required pursuant to N.J.S.A. 40:27-6.6, shall be submitted by the applicant to the Sussex County Planning Board for review or approval, as required by the aforesaid sections, and the Township Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Land Use Board or approval by the County Land Use Board by its failure to report thereon within the required time period. The Land Use Board and/or Governing Body shall have the right to offer comment on the review, approval and report(s) of the County, either partly or entirely, and join with or depart from the position of the applicant with respect thereto.
c. 
As a condition for the issuance of a building permit, issuance of a certificate of approval, issuance of any permit required for any construction, reconstruction, conversion, structural alterations, relocation or enlargement of any building or other structure or of any mining, excavation or landfill in any use or change in use of any building or other structure or land or extension of site, or extension of use of land for which permission may be required, pursuant to N.J.S.A. 40:55D-1, an applicant or property owner shall obtain the site plan approval unless exempted by law or ordinance.
[Ord. No. 2006-02 § 3; Ord. No. 2007-04]
a. 
The checklist annexed as Appendix A[1] is adopted pursuant to N.J.S.A. 40:55D-10.3, constituting filing requirements for any applications.
[1]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
b. 
All applications for development as defined in this chapter shall be submitted and proceeded upon in accordance with the provisions of this chapter, including standards for preliminary and final approval and provisions for processing of final approval by stages or sections of development.
c. 
The layout and arrangement of any subdivision or land development shall be consistent with and satisfy the requirements of Article 10 "Zoning" of this chapter.
d. 
Soils shall be conserved to the greatest practicable extent and protected from erosion by wind or water or from excessive disturbance by excavation or grading. Soils shall be protected and conserved in accordance with prevailing standards and, where appropriate, subject to the review and approval of, the Sussex County Soil Conservation District.
e. 
All development adjacent to or otherwise involving a New Jersey State Highway shall conform with the State Highway Access Management Code adopted by the Commissioner of Transportation under Section 3 of the "State Highway Access Management Act," N.J.S.A. 27:7-91. Any development adjacent to or involving a County road within the Township shall conform with the Access Management Code adopted by the County of Sussex, N.J.S.A. 27:16-1. Land development adjacent to or involving an existing or proposed municipal street shall conform with any municipal access management code adopted pursuant to N.J.S.A. 40:67-1.
f. 
Any proposed development which shall be adjacent or proximate to, or otherwise involve, potable water supply reservoirs shall include adequate and suitable protections for such potable water supply from pollution or other degradation of water quality resulting from the development, or other uses of surrounding land areas. All such provisions shall be in accordance with any siting, performance, or other standards or guidelines adopted therefor by the Department of Environmental Protection.
g. 
Any stormwater detention facilities proposed in connection with land development shall conform with prevailing public safety regulations of the Township of Frankford, the County of Sussex and the State of New Jersey, and as otherwise reflected in stormwater management plans and stormwater management ordinances adopted pursuant to N.J.S.A. 40:55D-93 et seq.
h. 
Inspection and Approval Required. All required improvements shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved. As-built drawings shall be submitted prior to final approval, which show the location of all improvements including underground utilities, storm drains, sanitary sewer, under drains and water mains including shut off valves. Those improvements which are not installed at the time of final approval shall be included on the as-built drawings prior to road acceptance by the Township.
i. 
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 65, every application for development submitted to the Land Use Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application, or if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment in such a manner that the Township will be adequately protected.
[Ord. No. 2007-04]
a. 
Provision shall be made for off-tract water, sewer, drainage, and street improvements which are necessitated by a subdivision or land development, subject to the provisions of N.J.S.A. 40:55D-42. As a condition to approval of a subdivision or site plan, a developer may be required by the Land Use Board to pay his pro-rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development, but necessitated or required by construction or improvements within such subdivision or development. A determination of the proportionate pro-rata amount of the cost of such facilities that shall be borne by the developer shall be determined in accordance with the standards contained in Article 8, "Off-Tract Improvements", of this chapter or as otherwise provided by law, and shall not be altered subsequent to preliminary approval.
b. 
All site plan applications shall make adequate and suitable provision for the following:
Preservation of existing natural resources on the site;
Safe and efficient vehicular and pedestrian circulation, parking and loading;
Screening, landscaping and location of structures;
Exterior lighting as necessary for safety reasons, as well as provision for street lighting;
Conservation of energy and use of renewable energy sources; and
Recycling of designated recyclable materials.
[Ord. No. 2007-04]
As and where permitted pursuant to this chapter and, specifically, Article 10, "Zoning", the following shall be established prior to approval of any planned development:
a. 
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65c and Article 10, "Zoning", of this chapter;
b. 
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate and suitable;
c. 
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation, and visual enjoyment are adequate and suitable;
d. 
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
e. 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate and suitable.
[Ord. No. 2007-04]
a. 
The developer shall submit to the administrative officer a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met; provided that minor site plans shall not be subject to this section.
b. 
If the Land Use Board requires or the developer seeks any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Land Use Board shall, if the proposed development complies with this chapter, grant preliminary site plan approval.
c. 
If any substantial modification is proposed or required after preliminary approval has been granted, an application for such a modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification approval either independently of or concurrently with an application for final approval. In either case, notice pursuant to Sections 30-507 and 30-508 shall be required and shall state the nature of the proposed modification. A substantial modification shall mean one which (1) increases density of development, (2) increases the square footage of buildings, (3) proposes a different use, (4) would result in increased adverse impact upon properties in the immediate area with respect to factors such as, but not limited to noise, glare, and increased drainage runoff, or (5) materially changes a required element of the development plan. Any modification which decreases the number of proposed lots, dwelling units, number of square feet, density or intensity of use shall not be considered a substantial modification so long as there is no proposed change of use and no additional variances or exceptions are required.
d. 
The Land Use Board may grant preliminary approval subject to conditions, provided, however, that the Land Use Board (1) shall specify the time for performance of such conditions and (2) shall not grant approval subject to subsequent submission of additional planning information fundamental to an essential element of the development plan and an informed decision thereon. In the event that development requires the subsequent approval of one or more governmental agencies other than the Land Use Board, the Land Use Board shall, prior to approval, determine the basic planning feasibility of any fundamental element of the development plan that is otherwise subject to the jurisdiction and powers of such other agency or agencies.
e. 
Preliminary major site plan approval shall expire within three years from the date of approval, unless initially granted a greater period of time by the Land Use Board or as may be extended by law.
[Ord. No. 2007-04]
a. 
A minor site plan as defined in this chapter shall not require notice or public hearing, but shall instead be proceeded upon by the Land Use Board. Minor site plan approval shall be deemed final approval of the site plan by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
b. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval. The Land Use Board shall grant an extension of this 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 that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before: (1) what would otherwise be the expiration date, or (2) the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.
c. 
Minor Site Plan Review of Portable Sheds on Commercial Property.[1]
1. 
Any conforming lot which is improved with a permitted, conforming, principal commercial building or structure and which contains a permitted commercial use may place a single portable shed on the same parcel as the principal building or structure.
2. 
Procedure for Portable Sheds. An applicant shall file the necessary applications together with a filing fee, copy of an approved site plan or "as built" survey showing the proposed location of the shed and any manufacturer's specifications or brochures or plans for the shed with the Land Use Administrator. The Land Use Administrator shall forward the application package to the Township Construction Official, Township Zoning Officer, and the Township Engineer. If the majority of these officials approves the application, then a report shall be issued by the majority of approving officials and forwarded to the Land Use Board for inclusion in the next available agenda.
3. 
All sheds pursuant to this section must comply with the proper setbacks in the zone in which they are located.
[1]
Editor's Note: See Section 30-807 for fees charged for portable sheds.
[Ord. No. 2007-04]
a. 
The developer shall submit to the administrative officer a plat and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met; provided that minor subdivisions shall not be subject to this section.
b. 
If the Land Use Board requires or the developer seeks any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The Land Use Board shall, if the proposed subdivision complies with the chapter and this act, grant preliminary approval to the subdivision.
c. 
If any substantial modification is proposed or required after preliminary approval has been granted, an application for such a modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification approval either independently of or concurrently with an application for final approval. In either case, notice pursuant to Sections 30-507 and 30-508 shall be required and shall state the nature of the proposed modification. A substantial modification shall mean one which (1) increases density of development, (2) increases the square footage of buildings, (3) proposes a different use, (4) would result in increased adverse impact upon properties in the immediate area with respect to factors such as, but not limited to noise, glare, and increased drainage runoff, or (5) materially changes a required element of the development plan. Any modification which decreases the number of proposed lots, dwelling units, number of square feet, density or intensity of use shall not be considered a substantial modification so long as there is no proposed change of use and no additional variances or exceptions are required.
d. 
The Land Use Board may grant preliminary approval subject to conditions, provided, however, that the Land Use Board (1) shall specify the time for performance of such conditions and (2) shall not grant approval subject to subsequent submission of additional planning information fundamental to an essential element of the development plan and an informed decision thereon. In the event that development requires the subsequent approval of one or more governmental agencies other than the Land Use Board, the Land Use Board shall, prior to approval, determine the basic planning feasibility of any fundamental element of the development plan that is otherwise subject to the jurisdiction and powers of such other agency or agencies.
e. 
Preliminary major subdivision approval shall expire within three years of the date of approval unless initially granted a greater period of time by the Land Use Board or as may be extended by law.
[Ord. No. 2007-04]
a. 
A minor subdivision as defined in this chapter shall not require notice or public hearing, but shall instead be proceeded upon by the Land Use Board. Minor subdivision approval shall be deemed final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
b. 
Except as provided in subsection d of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law", N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer. Any such plat or deed accepted for such filing shall have been signed by the Chair and secretary of the Land Use Board. In reviewing the application for development for a proposed minor subdivision the Planning Board may accept a plat not in conformity with the "Map Filing Act," N.J.S.A. 46:23-9.9 et seq.; provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of said act.
c. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted; provided that the approved minor subdivision shall have been duly recorded as provided in this section.
d. 
The Land Use Board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to subsection d of this section if the developer proves to the reasonable satisfaction of the Land Use Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) 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 Land Use Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
e. 
The Land Use Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of minor subdivision approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
[Ord. No. 2007-04]
a. 
The Land Use Board when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
b. 
The Land Use Board when acting upon applications for preliminary site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
c. 
The Land Use Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Land Use Board, or the Land Use Board being required to hold further hearings. The longest time period for action by the Land Use Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
d. 
The applicant may file a consolidated application for final approval without having made prior application for preliminary approval by submitting a single application for final approval that includes the information required for preliminary approval together with the information required for final approval. The applicant may also file for consolidated disposition of certain elements, stages or sections of the development plan and obtain final approval thereon, provided, however, that preliminary approval shall have been granted as to the remaining elements, stages or sections of the development plan, and provided that adequate terms, conditions and guarantees have been established to insure the completion of the development or the restoration of the site or tract, or portion thereof, to the extent of disturbance. A consolidated application shall be proceeded upon in accordance with the procedure for preliminary approvals. Approval of a consolidated application shall confer the rights provided by statute.
[Ord. No. 2007-04]
a. 
The Land Use Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval, and in the case of a major subdivision, the standards prescribed by the "Map Filing Law" N.J.S.A. 46:23-9.9 et seq; provided that in the case of a planned unit development, planned unit residential development or residential cluster, the Land Use Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
b. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period described shall constitute final approval and a certificate of the administrative officer as to the failure of the Land Use Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plants.
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision, or N.J.S.A. 40:27-6.6 in the case of a site plan, the Township Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
c. 
The Land Use Board may grant final approval subject to conditions to be formed prior or subsequent to development or a particular stage or section of development, provided, however, that the Land Use Board (1) shall specify the time for performance of such conditions and (2) shall not grant approval subject to subsequent submission of additional information fundamental to an essential element of the development plan and an informed decision thereon. In the event that development requires subsequent approval of one or more governmental agencies other than the Land Use Board, the Land Use Board shall, prior to approval, determine the basic feasibility of any fundamental element of the development plan that is otherwise subject to the jurisdiction and powers of such other agency or agencies.
[Ord. No. 2007-04]
a. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval, and in the case of a subdivision, has duly recorded the plat as required in N.J.S.A. 40:55D-54, the Land Use Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this act, the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 for the section granted final approval.
b. 
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Land Use Board may grant the rights referred to in subsection a of this section for such period of time, longer than two years, as shall be determined by the Land Use Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions, and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the Land Use Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Land Use 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.
c. 
Whenever the Land Use Board grants an extension of final approval pursuant to subsection a or b of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
d. 
The Land Use Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Land Use Board from granting an extension pursuant to subsection a or b of this section.
[Ord. No. 2007-04; Ord. No. 2011-07 § 3]
Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Governing Body shall require and shall accept in accordance with the standards of this chapter for the purpose of assuring the installation and maintenance of on-tract improvements:
a. 
The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for improvements which the approving authority may deem necessary or appropriate including; streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and required by the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and in the case of site plans only landscaping but excluding site plan improvements not mentioned above.
The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
b. 
Provision for a maintenance guarantee to be posted with the Governing Body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.