Membership. The Planning Board shall have nine members, all of whom,
except for the Class II member set forth below, shall be municipal
residents. The membership shall consist of the following four classes:
Class IV. Six other citizens of the municipality to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office except that one Class IV member may be a member of the Board
of Education. For the purposes of this section, membership on a municipal
board or commission which is discretionary, advisory in nature and
not required by statute shall not be considered the holding of a municipal
office. The member of the Environmental Commission who is also a member
of the Planning Board as required by N.J.S.A. 40:55A-1 shall be a
Class IV Planning Board member.
Terms. The term of the member composing Class I shall correspond
with the Mayor's official tenure. If a Mayor's designee serves in
the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. The terms of the
members composing Class II and Class III shall be for one year or
terminate at the completion of their respective terms of office, whichever
occurs first. The terms of the Class IV members shall be for four
years, except in the case of the Class IV member who is also a member
of the Environmental Commission, whose term shall either terminate
at the completion of his term as a member of the Environmental Commission
or shall be for three years, whichever occurs first. If a Class IV
member is also a member of the Board of Education, his term shall
terminate whenever he is no longer a member of that body or at the
completion of his Class IV term, whichever occurs first. All terms
shall run from January 1 of the year in which the appointment is made.
Vacancies and removals. If a vacancy in any class shall occur otherwise
than by expiration of the Planning Board term, it shall be filled
by appointment as above provided for the unexpired term only. Any
member other than a Class I member, after a public hearing if he requests
it, may be removed by the Borough Council for cause.
Organization of Board. The Planning Board shall elect a Chairman
and Vice Chairman from among the regular members of Class IV and select
a Secretary who may be either a regular or alternate member of the
Planning Board or a municipal employee designated by it. An alternate
member shall not serve as Chairman or Vice Chairman of the Board.
The Mayor may appoint up to two alternate Class IV members of the
Planning Board. The alternates shall meet the qualifications for Class
IV members. Alternate members shall be designated by the Mayor at
the time of their appointment as "Alternate No. 1" and "Alternate
No. 2." The terms of the alternate members shall be for two years
each and shall be such that the term of not more than one alternate
member shall expire in any given year, provided that no alternate
member shall be appointed for a term exceeding two years. A vacancy
occurring otherwise than by expiration of term shall be filled by
the Mayor for the unexpired term only.
Alternate members may participate in all matters but may not vote
except in the absence or disqualification of a regular member of any
class. 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.
Conflict of interest. No regular or alternate member shall be permitted
to act on any matter in which he or she has either directly or indirectly
any personal or financial interest. Whenever any member shall disqualify
himself or herself from acting on a particular matter, he or she shall
not continue to sit with the Board on the hearing of such matter nor
participate in any discussion or decision relating thereto.
Planning Board attorney. There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Planning Board attorney,
who shall be an attorney other than the municipal attorney.
Experts and staff. The Planning Board may also employ or contract
for the services of experts and such other staff and services as it
may deem necessary. The Borough Council shall make provision in its
budget and appropriate funds for the expenses of the Planning Board.
Such expenses shall not exceed, exclusive of gifts or grants, the
amount appropriated by the Borough Council for use by the Planning
Board.
Powers and duties generally. The Planning Board shall adopt bylaws
governing its procedural operations. It shall also have the following
powers and duties:
To make and adopt and from time to time amend a Master Plan to guide
the use of land within the Borough in accordance with the provisions
of N.J.S.A. 40:55D-28.
To administer the site plan and subdivision review provisions of
this chapter in accordance with the provisions of this chapter and
the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
To consider and make a report to the Borough Council within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also
pass upon other matters specifically referred to the Planning Board
by the Mayor and Borough Council, pursuant to the provisions of N.J.S.A.
40:55D-26(b).
To perform such other advisory duties as are assigned to it by ordinance
or by resolution of the Borough Council for the aid and assistance
of the Borough Council or other municipal agencies or officers.
The Planning Board shall exercise to the same extent and, subject to the same restrictions, all of the statutory powers of a Zoning Board of Adjustment, except that the Class I and Class III members of the Planning Board shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d [Subsection J(6) hereinbelow]. These statutory powers include the powers to:
Direct, pursuant to N.J.S.A. 40:55D-34, the issuance of a permit
for a building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
Direct, pursuant to N.J.S.A. 40:55D-36, the issuance of a permit
for a building or structure not related to a street meeting the requirements
of N.J.S.A. 40:55D-35.
Hear and decide appeals where it is alleged by the appellant
that there is error in any order, required decision or refusal made
by an administrative officer or agency based on or made in the enforcement
of this chapter. The Board may reverse or affirm, wholly or in part,
or may modify the action, order, requirement, decision, interpretation
or determination appealed from and to that end have all the powers
of the administrative officer from whom the appeal is taken.
Hear and decide requests for interpretation of the Zoning Map
or of this chapter or for decisions upon other special questions upon
which the Board is authorized by ordinance to pass.
Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant a variance from such strict application of such regulation so as to relieve such difficulties or hardship; or, where in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law (N.J.S.A. 40:55D-2) would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the zoning requirements; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and further provided that no variance from those departures enumerated in Subsection J(6) hereinbelow shall be granted under this subsection.
An increase in the permitted density except as applied to the
required lot area for a lot or lots for detached one or two dwelling
unit buildings which lot or lots are either an isolated undersized
lot or lots resulting from a minor subdivision; or
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the district for a principal structure.
A variance under this subsection shall be granted only by affirmative
vote of at least five members.
If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection J(6) herein, the decision on the requested variance or variances shall be rendered under Subsection J(5) of this chapter.
No variance or other relief may be granted under the terms of this
section, including a variance or other relief involving an inherently
beneficial use, without a showing that such variance or other relief
can be granted without substantial detriment to the public good and
will not substantially impair the intent and purpose of the zone plan
and Zoning Ordinance.
An application under this section may be referred to any appropriate
person or agency for its report, provided that such reference shall
not extend the period of time within which the Board shall act.
Whenever relief is requested pursuant to this section, notice of
a hearing on the application for development shall include reference
to the request for variance or direction for the issuance of a permit,
as the case may be.
The developer may elect to submit a separate application requesting approval of the variance or direction for the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction for the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided by law for the approval in question and the special vote required for a variance pursuant to N.J.S.A. 40:55D-70d [Subsection J(6) herein] shall not be required.
Meetings of the Planning Board shall be scheduled no less than once
a month and any meeting so scheduled shall be held as scheduled unless
canceled for lack of applications for development to process.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meetings shall be
held on notice to the members and the public in accordance with all
applicable legal requirements.
All actions shall be taken by majority vote of the members of the
Board present at the meeting except as otherwise required by this
chapter or by a provision of N.J.S.A. 40:55D-1 et seq. The failure
of a motion for approval to receive the number of votes required to
approve an application for development shall be deemed an action denying
the application. A member of the Board who has been absent for one
or more of the meetings at which a hearing was held, or who was not
a member of the Board at such time, shall be eligible to vote on the
matter upon which the hearing was conducted, notwithstanding his absence
therefrom; provided, however, that such Board member has available
to him the transcript or recording of all of the hearing from which
he or she was absent, and certifies in writing to the Board that he
or she has read such transcript or listened to such recording.
All regular meetings and all special meetings shall be open to the
public, except as provided in the Open Public Meetings Law C. 231,
Laws of New Jersey, 1975.[1] Notice of all such meetings shall be given in accordance
with the requirements of the Open Public Meetings Law C. 231, Laws
of New Jersey, 1975. An executive session for the purpose of discussing
and studying any matters to come before the Board shall not be deemed
a regular or special meeting for the purposes of this section.
The Planning Board shall hold a hearing on each application for development,
as well as on any adoption, revision or amendment to the Master Plan.
The Board shall make rules governing such hearings.
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least 10 days
before the date of the hearing during normal business hours in the
office of the Administrative Officer. The applicant may produce any
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
The officer presiding at the hearing, or such person as he may designate,
shall have the power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant evidence,
including witnesses and documents presented by the parties, and the
provisions of the County and Municipal Investigations Law, P.L. 1953,
C.38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
and the right of cross-examination shall be permitted to all interested
parties through their attorneys, if represented, or directly, if not
represented, subject to the discretion of the presiding officer and
reasonable limitations as to time and number of witnesses.
Modification or elimination of a significant condition or conditions
in a memorializing resolution approving any application for development
which development application originally required public notice.
The Secretary of the Board shall notify the applicant at least two
weeks prior to the public hearing at which the application will be
discussed. Notice of a hearing requiring public notice shall be given
by the applicant at least 10 days prior to the date of the hearing
in the following manner:
By notification by personal service or certified mail to the
entities listed below. An affidavit of proof that the required notification
was given shall be filed by the applicant with the municipal agency
at, or prior to, the hearing. It is not required that a return receipt
is obtained; notice shall be deemed complete upon mailing (N.J.S.A.
40:55D-14).
To all owners of real property as shown on the current tax duplicate,
located in the state and within 200 feet in all directions of the
property which is the subject of the hearing; provided that this requirement
shall be deemed satisfied by notice to: (1) the condominium association,
in the case of any unit owner whose unit has a unit above or below
it; or (2) the horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it.
Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal
property regime, community trust or homeowners' association, because
of its ownership of common elements or areas located within 200 feet
of the property which is the subject of the hearing, may be made in
the same manner as to a corporation without further notice to unit
owners, co-owners, or homeowners on account of such common element
or areas.
To the Clerk of any adjoining municipality or municipalities
when the property involved is located within 200 feet of said adjoining
municipality or municipalities.
To the Hunterdon County Planning Board when the application
for development involves property adjacent to an existing county road
or proposed road as shown on the County Official Map or County Master
Plan, adjoining other county land or situated within 200 feet of a
municipal boundary.
To the State Planning Commission when the hearing involves an
application for the development of property which exceeds 150 acres
or 500 dwelling units, in which case, the notice shall include a copy
of any maps or documents required to be filed with the Borough.
To any public utility, cable television company or local utility
which possesses a right-of-way or easement within the municipality
and which has registered with the municipality pursuant to N.J.S.A.40:55D-12.1,
when the application involves a major subdivision or a site plan,
by service upon the person named on the registration form at the address
shown on the registration form.
Upon the written request of an applicant, the Administrative Officer
shall, within seven days, make and certify a list from current tax
duplicates of the names and addresses of all owners within the Borough
to whom the applicant is required to give notice. In addition, the
Administrative Officer shall include on the list the names, addresses
and positions of those persons who, not less than seven days prior
to the date on which the applicant requested the list, have registered
to receive notice on behalf of a public utility, cable television
company or local utility which possesses a right-of-way or easement
within the municipality. The applicant shall be charged $0.25 per
name or $10, whichever is greater, for said list and shall be entitled
to rely upon the information contained in such list, and failure to
give notice to any lot owner or public utility or cable television
company not on the list shall not invalidate any hearing or proceeding.
Additionally, the applicant shall be responsible for obtaining the
names of and giving proper notice to all property owners within 200
feet of the property which is the subject of the hearing who do not
reside within the Borough.
The notice shall state the date, time and place of the hearing and
the nature of the matters to be discussed, including each approval
sought, and an identification of the property proposed for development
by street address, if any, and by reference to lot and block numbers
as shown on the current tax duplicate in the Borough Tax Assessor's
office, and the location and times at which any maps or documents
for which approval is sought are available for inspection.
Minutes of every regular or special meeting shall be kept and shall
include the names and addresses of the persons appearing and addressing
the Board and any persons appearing by attorney, the action taken
by the Board, the findings, if any, made by it and the reasons therefor.
The minutes shall thereafter be made available, after approval by
the Board, for public inspection during the normal business hours
at the office of the Administrative Officer. Any interested party
shall have the right to compel production of the minutes for use as
evidence in any legal proceedings concerning the subject matter of
such minutes. Such interested party shall be charged a reasonable
fee for the reproduction, of the minutes as specified by ordinance.
The Board shall arrange for a verbatim recording to be made of every
hearing. The recording of the proceedings shall be made either by
stenographer, mechanical or electrical means. The municipality shall
furnish a transcript, or duplicate recording in lieu thereof, on request
to any interested party at his expense, provided that the charge for
a transcript or tape shall not exceed the actual cost of preparing
the transcript or tape. Each transcript shall be certified in writing
by the transcriber to be accurate.
Each decision on any application for development shall be reduced
to writing by the Board and shall include findings of facts and conclusions
based thereon.
A memorializing resolution adopted at a meeting held no later
than 45 days after the date of the meeting at which the Board voted
to grant or deny approval. Only the members of the Board who voted
for the action taken may vote on the memorializing resolution, and
the vote of a majority of such members present at the meeting at which
the resolution is presented for adoption shall be sufficient to adopt
the resolution. If only one member who voted for the action attends
the meeting at which the resolution is presented for adoption, the
resolution may be adopted by the vote of that member. An action pursuant
to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve
an application) shall be memorialized by resolution as provided above,
with those members voting against the motion for approval being the
members eligible to vote on the memorializing resolution.
The vote on any memorializing resolution shall be deemed to be a
memorialization of the action of the Board and not to be an action
of the Board; however, the date of the adoption of the resolution
shall constitute the date of the decision for purposes of the required
mailings, filings and publications.
If the Board fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Board to reduce
its findings and conclusions to writing within a stated time and the
cost of the application, including attorneys' fees, shall be assessed
against the municipality.
Notice of decisions. Any decision of the Board when acting upon an
application for development and any decision of the Borough Council
when acting upon an appeal shall be given notice in the following
manner:
A copy of the decision shall be mailed by the appropriate Borough
authority within 10 days of the date of decision to the applicant
or appellant, or, if represented, then to his attorney, without separate
charge and to all who request a copy of the decision, for a reasonable
fee.
The Administrative Officer shall cause a brief notice of the decision
to be published in the official newspaper of Frenchtown Borough, with
the cost of such publication to be charged to the applicant's escrow
account; provided, however, that nothing herein shall be construed
to prevent the applicant from also arranging such publication. The
Administrative Officer shall forward the notice to the official newspaper
within 10 days of the date of the decision for publication as soon
as possible thereafter. The period of time in which an appeal of the
decision may be made shall run from the first publication of the decision,
whether arranged by the municipality or by the applicant.
A copy of the decision shall also be filed in the office of the Administrative
Officer, who shall make a copy of such filed decision available to
any interested party upon payment of a fee calculated in the same
manner as that established for copies of other public documents in
the Borough. Such filed decision shall be available for public inspection
at the office of the Administrative Officer during regular business
hours.
Appeals to the Board pursuant to N.J.S.A. 40:55D-70a [§ 50-501J(3) of this chapter] may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of this chapter or the Official Map, if there be one, upon notice as set forth in Subsection C above. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
A developer may file an application for development with the Board
for action under any of its powers without prior application to an
administrative officer.
An appeal to the Board under this section shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made unless the officer from whose action the appeal is taken
certifies to the Board, after the notice of appeal shall have been
filed with him, that by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court upon notice to the officer from whom the appeal
is taken and on due cause shown.
[Ord. No. 564, 9-6-2000]
Any interested party may appeal any final decision of the Board
to a court of competent jurisdiction according to law.
No construction permit shall be issued for any new structure or for
an alteration or addition to an existing structure or site and no
certificate of occupancy shall be issued for any new use of any existing
structure or site which requires more parking than required by the
previous use until the site plan has been reviewed and approved by
the Board in accordance with this section, except that a construction
permit for an agricultural use or for a single-family detached dwelling
or two-family dwelling and/or their permitted accessory building(s)
on a lot shall not require site plan approval and further provided
that site plan approval shall not be required for any interior-only
alterations to nonresidential structures if, in the opinion of the
Zoning Officer, the proposed interior alteration does not require
an accompanying exterior alteration, will not increase the need for
parking on the site, will not result in a change in the use of a building
or site, will not alter the exterior of the building and will not
create or increase any violations of the terms of this chapter. The
foregoing shall in no way affect the responsibility of an applicant
to submit the necessary information and obtain such other approvals
as may be required pursuant to other ordinances or jurisdictions.
Dumpsters (except as required during construction) or recycling containers
and other installations, whether permanent or temporary, shall not
be placed out-of-doors on any site containing other than a single
or two-family dwelling except as authorized by an approved site plan.
No demolition permit shall be issued for any existing structure and
no existing structure shall be demolished in the R-4A, R-4B and R-4C
Districts until a site plan has been reviewed and approved by the
Board in accordance with this section.
The Board may, upon request of the applicant, waive the requirement
for site plan review if the total value of construction or alteration
is less than $40,000, or if the nature and extent of construction
or alteration is considered a part of normal repair, maintenance or
replacement; and any procedural requirements of the application process
may also be waived.
In the event any of the required items for a subdivision plat or
site plan or other supporting documents are not applicable to the
proposed development, the applicant shall request a waiver in writing
from the Board of those specific items, and such items may be waived
if the Board determines that they are not required for the review
of the subdivision or site plan. This subsection shall not be construed
to permit a waiver of any substantive zoning requirement.
Any appeal, application for variance relief, or application for direction of the issuance of a permit, whether or not such application also involves a related site plan, subdivision or conditional use approval, shall be filed at least 21 days prior to the regular meeting of the Board. The filing shall include 15 copies of any required maps and related materials as elsewhere provided in this article for the type of application submitted; 15 completed copies of the appropriate application form(s), which shall include the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 included as an attachment to this chapter; 15 copies of the Zoning Officer's denial of the application for a zoning permit; the escrow agreement, escrow deposit and application fees with list of specific fees covered; and certification by the Tax Collector that all taxes are paid to date.
The Board shall render a decision not later than 120 days after a
complete application is submitted for development or an appeal is
taken from the decision of an administrative officer. Failure of the
Board to render a decision within the required time period, or within
such further time as may be consented to by the applicant, shall constitute
a decision favorable to the applicant. In the event that the developer
elects to submit separate consecutive applications for the variance
and for any required subdivision and/or site plan approval(s), the
aforesaid provision shall apply to the application for approval of
the variance. The period for granting or denying any subsequent approval
shall be as otherwise provided in this chapter.
A variance or variances shall expire if the applicant has failed
to exercise his rights under the variance approval within two years
of the date of the Board's decision to grant the variance. Exercising
rights shall mean either applying for a construction permit or applying
for such subsequent site plan or subdivision approval as may be required
prior to the applicant's obtaining a construction permit.
For variances granted prior to the effective date of this chapter,
the two-year period shall commence as of the effective date of this
chapter. For variances which become the subject of litigation, the
two-year period shall commence on the date of the last reviewing court's
decision to grant the variance.
For good cause shown, and after a hearing before the Board on
notice in the manner required for original variance applications,
the Board may extend the variance by resolution. Any extension may
not exceed one year in duration and no more than four such extensions
shall be permitted. To receive consideration, an application for extension
of a variance shall be made prior to the expiration of the time limit
sought to be extended.
At the request of a developer, the Board shall grant an informal
review of a concept plan for a development for which the developer
intends to prepare and submit an application.
The developer shall not be required to submit any fees for such an
informal review; however, no professional review(s) will be undertaken
unless the developer agrees to pay for said review(s).
A developer desiring to have a concept plan informally reviewed by
the Board shall so notify the Administrative Officer at least 21 days
prior to the regular meeting of the Board. The Administrative Officer
shall thereafter notify the developer of the time and place which
has been scheduled by the Board for the informal review.
Prior to the holding of any public hearing on any application for
major or minor subdivision, or major or minor site plan approval,
or a variance approval, the applicant shall notify the Borough of
Frenchtown Fire Department by following the checklist requirements
contained in the Minor Subdivision Plat Checklist, Preliminary Major
Subdivision Plat Checklist, Final Major Subdivision Plat Checklist
and Variance Application Checklist to allow for review and comment
by the Fire Department.[1]
Prior to construction, the applicant shall furnish to the Fire Department
one copy of a general plat of such application on 8.5-by-11-inch paper,
in notebook form, with all road names and water supply points clearly
delineated, suitable for use to assist in locating such development
or locations therein under emergency circumstances.
Prior to the issuance of a certificate of occupancy for any major
or minor subdivision, or major or minor site plan, or variance approval,
the applicant shall contact the Borough of Frenchtown Fire Department
and permit the Fire Department to inspect and familiarize their personnel
with the site unless the Fire Department determines that there is
no necessity for any such inspection.
Procedure for submitting minor subdivision plats. The applicant shall
submit to the Administrative Officer, at least 21 days prior to the
regular meeting of the Board, at least 15 black- or blue-on-white
copies of the plat; 15 completed copies of the application form; 15
completed copies of the checklist; 15 copies of any protective covenants,
deed restrictions and easements applying to the land being developed
(or include this information in the metes and bounds description);
15 copies of the Zoning Permit; the escrow agreement, escrow deposit
and application fees with list of specific fees covered; and certification
by the Tax Collector that all taxes are paid to date.
Details required for minor subdivision plats. Each minor subdivision
plat shall be drawn 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 100 feet and shall be submitted on one of the following
four 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
tract, 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 shall show the following information:
The locations of existing and proposed property lines (with bearings
and distances), streets, alleys, existing structures (with their numerical
dimensions and an indication as to whether existing structures will
be retained or removed), signs, parking spaces, loading areas, driveways,
railroads, bridges, culverts, stone walls or stone rows, drain pipes,
any natural features such as wetlands and treed areas, any specimen
trees, any historic features such as family burial grounds and buildings
more than 50 years old and buildings included on any national or state
register of historic sites, both within the tract and within 200 feet
of its boundary.
The location and width of all existing and proposed easements, the
use(s) for which they are intended to be limited, and the manner in
which the easements will be controlled.
Marshes, ponds, watercourses, wetlands and anticipated or delineated
wetlands transition areas. If a letter of interpretation (LOI) or
permit(s) concerning wetlands has (have) been requested of or issued
by the NJDEP, a copy of the material submitted and LOI or permit(s)
issued.
Certificate from the Borough Tax Collector that all taxes and
assessments are paid to date; and, if the processing of the application
extends into any subsequent tax quarter, a current certificate from
the Tax Collector shall be required by the Board before approval may
be granted.
Utility plans showing feasible connections to any existing or
proposed public utility systems, including letters from the applicable
utilities indicating the ability to provide service. If the proposed
lot(s) is (are) not served by a public sanitary sewer or water system,
the date of approval by the Board of Health of applicable site evaluation
tests, certified by a licensed professional engineer, indicating that
the proposed lot(s) can adequately accommodate a septic system and/or
well. The location(s) of test hole(s), proposed location(s) of septic
disposal areas, percolation and/or pump test results and compliance
with state requirements and applicable Borough ordinances, whichever
may be more restrictive, shall be shown on the plat and certified
by a licensed professional engineer.
No minor subdivision 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 Borough or other appropriate
governmental agency.
Deed descriptions including metes and bounds, easements, covenants,
restrictions and roadway and sight triangle dedications shall be submitted
for approval and required signatures prior to the filing with the
County Recording Officer.
The Board shall review the aforesaid application for the purpose
of determining, within 45 days of its submission, whether said application
is complete. Thereafter:
If said application is found to contain all of the information
required herein, the Board shall direct the Administrative Officer
to certify that said application is complete.
Cause the applicant to be notified by the Administrative Officer,
in writing, that said application is incomplete, specifying the deficiencies
in the application; or
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.
An applicant who has been notified that his application is incomplete
may request waiver of one or more of the submission requirements set
forth herein and said request shall be granted or denied by the Board
within 45 days.
In the event the Board fails to act within 45 days of the date
of submission of the application, said application shall be deemed
complete as of the 46th day following its submission.
On the date the aforesaid application is certified, complete, or
on the 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 herein, and/or may require such 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.
If certified as a complete application, the applicant shall be so notified and a public hearing date shall be set. Notice of the public hearing shall be given by the applicant in accordance with § 50-502. The applicant shall send an appropriate number of copies of the plat and all application materials to the Borough Engineer, the Borough Planner (if requested), and any other agency or person as directed by the Administrative Officer, for review and comment. The applicant shall also submit three copies of the plat and supporting data to the Hunterdon County Planning Board along with the County Planning Board's application form. Proof shall be submitted by the applicant that the copies of the application and supporting materials were received by the above agencies. Board approval will be conditional upon the applicant's obtaining necessary approvals from all requisite local, county and state agencies, and the Board shall require proof that such approvals have been requested or granted prior to granting minor subdivision approval.
The Board shall take action on minor subdivision 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; provided that any minor subdivision
application which includes any requested variance relief shall be
acted upon within 120 days or within such further time as may be consented
to by the applicant.
Any designated Subdivision Committee 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 Subdivision Committee shall offer its recommendations to the Board
prior to the meeting at which the Board is required to take action
on the application.
Any proposed application for 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 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, together
with subsequent subdivision(s) or development(s), may be submitted
that will not create, impose, aggravate or lead to any adverse effect.
When a minor subdivision is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy of a reproducible tracing. At least 10 prints of the plat and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Borough 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 to the applicant a copy of the approval resolution, adopted in accordance with § 50-502 of this chapter, within 10 days of the adoption by the Board.
When a minor subdivision 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 to the applicant a copy of the disapproval resolution, adopted in accordance with § 50-502 of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.
Within 190 days from the date on which the resolution of approval
of a minor subdivision is adopted by the Board, a plat map drawn in
compliance with the Map Filing Act, P.L. 190, c. 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 Acting Chairman or Secretary where
either or both may be absent), shall be filed by the subdivider with
the County Recording Officer. All plats requiring final approval or
deeds requiring approval shall be submitted in a timely fashion following
approval to the appropriate Borough officer. Unless filed within said
190 days, the minor subdivision approval shall expire and will require
Board approval as in the first instance, except that the Board may
extend the 190-day period for filing a minor subdivision plat or deed
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities and that the
developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Board. The developer may apply for the extension either before
or after what would otherwise be the expiration date.
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
by the Board, provided that the approved minor subdivision shall have
been duly recorded.
The Board shall grant an extension of this 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 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 what would otherwise be the expiration date,
or 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.
Before the Administrative Officer returns any signed minor subdivision
plat to the applicant, all conditions of the approval, if any, must
be met by the applicant. The applicant shall provide such additional
copies of the approved plat as may be necessary in order to furnish
copies to each of the following:
The applicant shall submit to the Administrative Officer at least
21 days prior to the regular meeting of the Board, at least 15 black-
or blue-on-white copies of the plat or plan; 15 completed copies of
the application form; 15 completed copies of the checklist; 15 copies
of any protective covenants, deed restrictions and easements applying
to the land being developed (or include this information in the metes
and bounds description); 15 copies of any drainage calculations; 15
copies of the zoning permit; the escrow agreement, escrow deposit
and application fees with list of specific fees covered; and certification
by the Tax Collector that all taxes are paid to date.
The application shall also include an Environmental Impact Statement (see Subsection C) and/or a written request for a waiver of any or all of its requirements. If a waiver is requested, the Board shall either approve, approve in part, or disapprove the request at the first regular meeting at which the application is heard. The applicant shall provide any required data at least 21 days prior to the date the Board is required to act on the application.
Any corporation or partnership applying for permission to subdivide
a parcel of land into six or more lots, or for a variance to construct
a multiple dwelling of 25 or more units, or for approval of a site
to be used for commercial purposes, shall list the names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class or at least 10% of the interest in the partnership,
as the case may be. If a corporation or partnership owns 10% or more
of the stock of a corporation, or 10% or greater interest in a partnership,
subject to the above disclosure, that corporation or partnership shall
list the names and addresses of its stockholders holding 10% or more
of its stock or of 10% or greater interest in the partnership, as
the case may be, and this requirement shall be followed by every corporate
stockholder, or partner in a partnership, until the names and addresses
of the noncorporate stockholders and individual partners exceeding
the 10% ownership criterion established in this act have been listed.
Neither the Board nor the Borough Council shall approve the application
of any corporation or partnership which does not comply with the requirements
of N.J.S.A. 40:55D-48.1. The penalty for concealment by a corporation
or partnership shall be as set forth in N.J.S.A. 40:55D-48.1.
Details required for preliminary major subdivision plats and preliminary
site plans. Each preliminary plat or preliminary plan shall be drawn
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 100 feet and shall be submitted on one of the following
four standard sheets 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 tract,
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:
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.
The names and lot and block numbers of all property owners within
200 feet of the extreme limits of the tract as shown on the most recent
Tax List prepared by the Borough Tax Assessor.
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
Borough Tax Map, and proposed block and lot numbers as provided by
the Borough Tax Assessor upon written request.
The locations and dimensions of existing and proposed bridges
and the locations of natural features such as wooded areas, and any
extensive rock formations, both within the tract and within 200 feet
of its boundaries.
The locations and species associations of all existing individual
trees or groups of trees having a caliper of eight inches or more
measured three 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 locations of all proposed plantings shall also 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 proposed, keyed to the plan or plat.
Wetlands and anticipated or delineated wetlands transition areas.
If a letter of interpretation (LOI) and/or permit(s) concerning wetlands
has (have) been requested of or issued by the NJDEP, a copy of the
material submitted and LOI or permit(s) issued.
A report on the status of review by the NJDEPE, Division of
Water Resources, in the event 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.
Cross-sections of watercourses and/or drainage swales at an
approximate scale showing the extent of the floodplain, top of bank,
normal water levels and bottom elevations at the following locations,
where appropriate:
When ditches, swales, streams or watercourses are to be altered,
measures to control erosion and siltation, as well as typical ditch
sections and profiles, shall be shown.
Existing contours at intervals of one foot where slopes are
less than 2%; at intervals of two feet where slopes are between 2%
and 15%; and at intervals of five feet where slopes exceed 15%. All
contour information shall refer to a known datum. Existing contours
shall be shown as dashed lines.
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 historic features such as family
burial grounds, buildings more than 50 years old and buildings included
on any national or state register of historic sites, both within the
tract and within 200 feet of its boundary.
Size, height relative to proposed finished grades, locations,
preliminary architectural elevations and floor plans of all proposed
buildings, structures, signs (or sign plan) and lighting facilities,
in detail.
All dimensions necessary to confirm conformity to the chapter
such as the size of the tract and any proposed lot(s), structure setbacks,
structure heights, yards and floor area ratios. All tract and lot
sizes shall be expressed in both acres and square feet and shall include
bearings and distances.
All means of vehicular ingress and egress to and from the site
onto public streets, showing the sizes and locations of driveways
and curb cuts, including the proposed utilization of traffic signals,
channelization, acceleration and deceleration lanes, sight triangle
easements, additional width and other proposed devices necessary to
prevent difficult traffic situations.
All existing and 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.
The location and extent of any proposed groundwater recharge
basins, detention basins or other water or soil conservation or drainage
devices, with cross-sections every 50 feet at right angles to the
long access of the basin, each extending 75 feet beyond the top of
the rim of the basin on each side.
The location of existing utility structures such as water and
sewer mains, utility structures, gas transmission lines and high-tension
power lines on the tract and within 200 feet of its boundaries.
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 Borough, 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 for each lot by the appropriate
Borough, county and state agencies and the result of site evaluation
tests, completed in accordance with the requirements and conditions
prescribed by the Board of Health including the date of approval by
said Board, shall be indicated on the plat or plan.
Plans, typical cross-sections and construction details, horizontal
and vertical alignments of the center line of all proposed streets
and of all existing streets and alleys abutting the tract. The vertical
alignments shall be based on USGS vertical datum or a more specified
datum supplied by the Borough Engineer, including 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 the intersections.
Any existing and proposed 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.
The location and width of all existing and proposed easements,
the use(s) for which they are intended to be limited, and the manner
in which the easements will be controlled;
Certificate from the Borough Tax Collector that all taxes and
assessments are paid to date, and if the processing of the application
extends into any subsequent tax quarter, a current certificate from
the Tax Collector shall be required by the Board before approval may
be granted.
The Board reserves the right to require additional information
before granting preliminary approval 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 such additional information.
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
Borough. 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:
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.
Any application for subdivision approval where 10 lots or less
are involved and all applications for site plan approval involving
an existing developed site shall not require an Environmental Impact
Statement unless specifically requested by the Board.
All preliminary major subdivision applications for more than
10 lots and all preliminary site plan applications involving the development
of vacant land shall be accompanied by an Environmental Impact Statement
unless specifically waived by the Board.
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 Borough pertinent
to evaluation of environmental impacts shall also be considered, including
the Borough's Master Plan. Furthermore, as much original research
as 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:
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:
Types of soils. List and describe each soil type on the site.
If applicable, provide percolation test and soil log data. Where the
proposed area of land disturbance will involve soils with moderate
or severe limitations relative to the type of project proposed, include
a complete mapping of all soil types where the moderate and severe
limitations exist.
Geology. Describe the geologic formation and features associated
with the site as well as depth to bedrock conditions. Delineate those
areas where bedrock is within two feet of the surface as well as major
rock outcroppings.
Vegetation. Describe the existing vegetation on the site. A
map shall be prepared showing the locations of major vegetative groupings
such as woodlands, open fields and wetlands. Where woodlands are delineated,
the forest types shall be indicated.
Subsurface water. Describe the subsurface water conditions on
the site both in terms of depth to groundwater and water supply capabilities.
The location, depth, capacity and water quality of all existing water
wells on the site and within 500 feet of the site shall be indicated.
Distinctive scenic and/or historic features. Describe and map
those portions of the site that can or may be considered to have distinctive
scenic and/or historic qualities.
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.
Impacts. Discuss both the adverse and positive impacts during
and after construction. Indicate those adverse impacts that are unavoidable.
The specific concerns that shall be considered include the following
and shall be accompanied by specific quantitative measurements where
necessary and possible:
Environmental performance controls. Describe what measures will
be employed during the planning, construction and operation phases
which will minimize or eliminate adverse impacts that could result
from the proposed project. Of specific interest are:
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 Borough,
as well as agencies of the county, state and federal governments.
Where approvals have been granted, copies of said approvals shall
be attached. When approvals are pending, a note shall be made to that
effect.
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.
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.
The Board shall review the major subdivision or site plan application
for the purpose of determining, within 45 days of its submission,
whether said application is complete. Thereafter:
If said application is found to contain all of the information
required herein, the Board shall direct the Administrative Officer
to certify that said application is complete.
Cause the applicant to be notified by the Administrative Officer
in writing, that said application is incomplete, specifying the deficiencies
in the application; or
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.
An applicant who has been notified that his application is incomplete
may request waiver of one or more of the submission requirements set
forth herein and said request shall be granted or denied by the Board
within 45 days.
In the event the Board fails to act within 45 days of the date
of submission of the application, said application shall be deemed
complete as of the 46th day following its submission.
On the date the aforesaid application is certified complete, or on
the 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 such 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.
If certified as a complete application, the applicant shall be so notified and a public hearing date shall be set. Notice of the public hearing shall be given by the applicant in accordance with § 50-502. The applicant shall send an appropriate number of copies of the plat or plan and all application materials to the Borough Engineer, the Borough Planner (if requested), and any other agency or person as directed by the Administrative Officer, for review and comment. The applicant shall also submit three copies of the plat or plan and supporting data to the Hunterdon County Planning Board along with the County Planning Board's application form. Proof shall be submitted by the applicant that the copies of the application and supporting materials were received by the above agencies. Board approval will be conditional upon the applicant's obtaining necessary approvals from all requisite local, county and state agencies, and the Board shall require proof that such approvals have been applied for or obtained before granting final approval.
The Board shall take action on a preliminary 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
site plan or preliminary subdivision application which includes any
requested variance relief shall be acted upon within 120 days or within
such further time as may be consented to by the applicant.
The Board shall take action on a preliminary 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
site plan or preliminary major subdivision application which includes
any requested variance relief shall be acted upon within 120 days
or within such further time as may be consented to by the applicant.
Any proposed application for 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 mitigate
any adverse effect(s) prior to further review or approval by the Board,
of, where the remaining portion of the original tract is sufficient
to be subdivided or further developed, the applicant may be required
to submit a sketch of the entire 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 such
adverse effect.
All hearings held on applications for preliminary major subdivision approval and preliminary 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 in accordance with § 50-502 of this chapter.
The recommendations 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 Borough 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 Borough 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.
Should minor revisions 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 30 days from the date
of said approval. Should substantial revisions be deemed necessary,
the Board shall require that an amended plat or plan be submitted
and acted upon as provided for the initial plat or plan submission.
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 shall be adopted in accordance with § 50-502 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.
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:
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to: use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; and off-tract improvements; and in the
case of a site plan, any requirements peculiar to site plan approval;
except that nothing therein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety;
That the applicant may submit for final approval, on or before
the expiration date of preliminary approval, the whole or a section
or sections of the preliminary plat or plan.
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.
In the case of a subdivision of or site plan for an area of 50 acres
or more, the Board shall grant the rights referred to hereinabove
for such period of time, longer than three years shall be determined
by the Board to be reasonable taking into consideration:
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:
Whenever the Board grants an extension of preliminary approval pursuant to Subsection E(1) through (3) of this section 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.
The 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 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 what would otherwise be the expiration date of preliminary approval or 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 Board from granting an extension pursuant to Subsection E(1) through (3) of this section.
When the applicant wishes to start site disturbance pursuant to an
approved preliminary subdivision or site plan, the applicant shall
apply to the Borough Engineer for a permit to undertake said work.
The permit shall not be issued unless all of the conditions of the
preliminary approval have been satisfied.
The applicant shall submit to the Administrative Officer at least
21 days prior to the regular meeting Board, at least 15 black- or
blue-on-white copies of the plat or plan; 15 completed copies of the
application form; 15 completed copies of the checklist; 15 copies
of any protective covenants, deed restrictions and easements applying
to the land being developed (or include this information in the metes
and bounds description); the escrow agreement, escrow deposit and
application fees with list of specific fees covered; and certification
by the Tax Collector that all taxes have been paid to date.
Any corporation or partnership applying for permission to subdivide
a parcel of land into six or more lots, or for a variance to construct
a multiple dwelling of 25 or more units, or for approval of a site
to be used for commercial purposes, shall list the names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class or at least 10% of the interest in the partnership,
as the case may be. If a corporation or partnership owns 10% or more
of the stock of a corporation, or 10% or greater interest in a partnership,
subject to the above disclosure, that corporation or partnership shall
list the names and addresses of its stockholders holding 10% or more
of its stock or of 10% or greater interest in the partnership, as
the case may be, and this requirement shall be followed by every corporate
stockholder, or partner in a partnership, until the names and addresses
of the non-corporate stockholders and individual partners exceeding
the 10% ownership criterion established in this act have been listed.
Neither the Board nor the Borough Council shall approve the application
of any corporation or partnership which does not comply with the requirements
of N.J.S.A. 40:55D-48.1. The penalty for concealment by a corporation
or partnership shall be as set forth in N.J.S.A. 40:55D-48.1.
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.
Cross-sections, plans, profiles and established grades of all
streets, alleys, aisles, lanes and driveways, including center line
geometry and horizontal alignments with bearings, radii and tangents.
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 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 bearing were determined.
Certification from the Borough Tax Collector that all taxes
and assessments are paid to date, and if the processing of the application
extends into any subsequent tax quarter, a current certificate from
the Tax Collector shall be required by the Board before approval may
be granted.
Letters directed to the Chairman of the Board and signed by
a responsible official of the lighting agency, water company, sewer
utility and of any other company or governmental authority of district
which provides accessory utility service and has jurisdiction in the
area, 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 Borough
Engineer;
A statement from the Borough Engineer that all improvements installed prior to application have been inspected as provided in § 50-602 of this chapter and that such improvements installed prior to application for final approval that do not meet or exceed Borough standards shall be factored into the required performance guarantee.
The Board shall review the aforesaid application for the purpose
of determining, within 45 days of its submission, whether said application
is complete. Thereafter:
If said application is found to contain all of the information
required herein, the Board shall direct the Administrative Officer
to certify that said application is complete.
Cause the applicant to be notified by the Administrative Officer,
in writing, that said application is incomplete, specifying the deficiencies
in the application; or
If the Board reasonably concludes that the missing items of
information are not necessary for it to make an informed decision
on the application, the 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.
An applicant who has been notified that his application is incomplete
may request waiver of one or more of the submission requirements set
forth herein and said request shall be granted or denied by the Board
within 45 days.
In the event the Board fails to act within 45 days of the date
of submission of the application, said application shall be deemed
complete as of the 46th day following its submission.
One the date the aforesaid application is certified complete, or
on the 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 such
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.
If certified as a complete application, the applicant shall be so
notified and a public hearing date shall be set. The applicant shall
send an appropriate number of copies of the plat or plan and all application
materials to the Borough Engineer, the Borough Planner (if requested),
and any other agency or person as directed by the Administrative Officer
for review and comment. The applicant shall also submit three copies
of the plat or plan and supporting data to the Hunterdon County Planning
Board along with the County Planning Board's application form. Proof
shall be submitted by the applicant that the copies of the application
and supporting materials were received by the above agencies. Board
approval will be conditional upon the applicant's obtaining necessary
approvals from all requisite local, county and state agencies, and
the Board shall require proof that such approvals have been requested
or granted prior to granting final approval.
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, provided that
any final site plan or final subdivision application which includes
any requested variance relief shall be acted upon within 120 days
or within such further time as may be consented to by the applicant.
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 Borough 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 Borough 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 signature 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.
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 § 50-502E of this chapter:
Borough Engineer: one paper copy and, in the case of subdivisions
only, one Mylar copy drawn to the Tax Map scale, as directed by the
Borough Engineer.
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 County Recording
Officer. 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 Board may extend the ninety-five-day or 190-day period if the
developer proves to the reasonable satisfaction of the Board that
the developer was barred or prevented, directly or indirectly, from
filing because of delays in obtaining legally required approvals from
other governmental or quasi-governmental entities and that the developer
applied promptly for and diligently pursued the required approvals.
The length of the extension shall be equal to the period of delay
caused by the wait for the required approvals as determined by the
Board. The developer may apply for an extension either before or after
the original expiration date.
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.
Final approval of a major 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, provided
that, in the case of a major subdivision, the plat shall have been
duly recorded:
The zoning requirements applicable to the preliminary approval
first granted and other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed.
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.
In the case of a subdivision of or site plan for a residential cluster
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 Board may grant the rights
referred to hereinabove for such period of time, longer than two years,
as shall be determined by the Board to be reasonable, taking into
consideration:
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:
Whenever the Board grants an extension of final approval pursuant to Subsection D(1) through (3) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
The 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 what would otherwise be the expiration date of final approval or 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 Board from granting an extension pursuant to Subsection D(1) through (3) of this section.