Township of Bordentown, NJ Article VIII Development Application Review Procedures

§ 500-801 Jurisdiction or responsibility during development application review.

[Amended 4-25-2022 by Ord. No. 2022-06]

The Planning Board acting as a joint land use board has all the powers of a planning board and a zoning board of adjustment as prescribed in the Municipal Land Use Law (MLUL) as per Ordinance No. 2020-01, passed by the Bordentown Municipal Committee. The responsibilities are outlined below:

A. Powers of the Planning Board.

(1) The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.

(2) The Planning Board shall have the power to act on the following matters when the Planning Board is reviewing applications for approval of subdivision plans, site plans, variances or conditional uses. Whenever relief is requested pursuant to this subsection, public notice shall be given and shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

(a) Grant variances pursuant to N.J.S.A. 40:55D-70c and N.J.S.A. 40:55D-70d.

(b) 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. 40:55-34.

(c) 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.

(d) Hear and decide appeals pursuant to N.J.S.A. 40:55D-70a.

(e) Hear and decide requests for interpretations pursuant to N.J.S.A. 40:55D-70b.

(f) Report on variance applications, amendment recommendations pursuant to N.J.S.A. 40:55d-70.1.

§ 500-802 Application requirements.

A. Subdivision review. All subdivisions as defined under Article II are subject to the review procedures specified herein.

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

(1) A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval;

[Amended 4-25-2022 by Ord. No. 2022-06]

(2) Any addition or alteration to an existing conforming, nonresidential structure which does not account for more than 10% additional building coverage; which does not exceed 500 square feet of enclosed and roofed area; which does not involve any variance request; and which, in the opinion of the administrative officer, meets the parking and other applicable requirements of this chapter and will create no adverse effects, shall not require site plan approval;

(3) Any construction permit for the customary buildings incidental to farms shall not require site plan approval; and

(4) Any change of use from one permitted use to another permitted use within the existing building envelope shall not require site plan approval if the administrative officer certifies to the Board that the existing site development meets the requirements of this chapter for the new use, including, but not limited to, the on-site parking requirements and the bulk and use requirements for the zoning district the subject parcel is located in.

[Amended 4-25-2022 by Ord. No. 2022-06]

C. Application procedures.

(1) All applications shall be filed on the application form approved by the administrative officer.

(2) Thirteen copies of the application form, together with 13 copies of the applicable checklist, required plan sets, the fees and escrow deposits required in accordance with Article IX and all other required documents shall be submitted to the administrative officer. One copy of the application form, applicable checklist, required plan sets and required submission materials shall be sent directly to the Planning Board Engineer, Planning Board Landscape Architect/Planner, Planning Board Traffic Engineer, Planning Board Attorney, Bordentown Sewerage Authority, and the Township Fire Marshal. A digital copy of all items submitted to the administrative officer shall be required with each submission. The digital media can be submitted via an external drive, CD/DVD, email, or file share service link. The applicant may request a waiver of any of the submission items. Each waiver request shall be listed on the waiver request sheet included in the application form provided by the administrative officer. The submission of the waiver request form shall be accompanied by justifications for the granting of the waiver request. This form shall be notarized and serve as an acknowledgement that should the Board during the course of the public hearing determine that the such information is required to make an informed decision on the application that the application shall be adjourned immediately and the applicant shall be required to reappear before the Board once all the necessary information has been provided.

[Ord. No. 2003-02, 3-24-2003; Ord. No. 2004-8, 3-22-2004; amended 4-25-2022 by Ord. No. 2022-06]

(3) The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon applications, and agrees to be bound by it. The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, that number shall appear on all papers, maps, plans and other documents in conjunction with the application.

(4) (Reserved)[1]

[1] Editor's Note: Former § 25.802C4, regarding filing of copies of documents, as amended, was repealed 4-25-2022 by Ord. No. 2022-06.

(5) Any application not filed with the administrative officer and with the designated professional consultants in a timely manner as herein required shall be deemed to be incomplete.

(6) Any amendments, supplements, revisions or additional data filed in conjunction with the application shall be filed with the administrative officer and with the professional consultants in the same manner as the original application and supporting documents.

(7) All applications shall be accompanied by a certificate from the Township Tax Collector that all taxes and assessments are paid to date;

(8) The Board shall act upon the application as required by law.

D. Informal review.

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

(2) The application for an informal review shall be submitted in accordance with the application procedures set forth in § 500-802C.

(3) No escrow deposit shall be required for an informal review.

(4) No professional review(s) will be undertaken unless the developer agrees to pay for the review(s) and deposits with the administrative officer an escrow deposit sufficient to cover the professional review.

(5) Neither the Planning Board nor the developer shall be bound by any concept plan submitted for informal review or for any comments or suggestions made during the informal review.[2]

[2] Editor's Note: Former § 25.802D6, regarding specific powers of the Zoning Board of Adjustment, which immediately followed this subsection, was repealed 4-25-2022 by Ord. No. 2022-06.

E. Action by the Township on all applications.

(1) The administrative officer and the Planning Board's professionals shall review the application for the purpose of determining completeness within 45 days of receipt by the administrative officer.

[Amended 4-25-2022 by Ord. No. 2022-06]

(2) The administrative officer and the Planning Board professionals shall thereafter take the following actions:

[Amended 4-25-2022 by Ord. No. 2022-06]

(a) If the application is found to contain all of the information required the Board's professionals shall certify in writing to the administrative officer that they have found the application to their knowledge is complete.

(b) The administrative officer shall notify the applicant in writing that the application has been deemed complete and provide the date for the hearing to be held on the application so that the applicant may give public notice as required by law.

(c) The Board may, whenever it determines that the public interest will be served thereby, require that the applicant give public notice of any hearing to be held on an application for which public notice is not a requirement under the provisions of the Municipal Land Use Law or this chapter.

(d) If, during the completeness review, the application is found to lack some of the information required by this chapter, the administrative officer shall notify the applicant in writing that the application has been deemed incomplete, specifying the deficiencies in the application.

(e) An applicant who has been notified that the application is incomplete may request a waiver of one or more of the submission requirements and the request shall be granted or denied by the Board within 45 days.

(f) In the event that the administrative officer fails to act to declare the application complete or incomplete within 45 days of the date of submission of the application, the application shall be deemed complete as of the 46th day following its submission.

(g) Where the application has been found to be incomplete, the applicant may submit the additional items required to complete the application, which shall be reviewed in accordance with § 500-802E(1).

(3) On the date the 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.

(4) In any case, the applicant is obliged to prove that the applicant is entitled to approval of the application.

(5) 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 any revisions in the application documents that 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 the additional information or revisions.

(6) Promptly after certification of completeness, the application documents shall be distributed by the administrative officer to each of the following:

[Amended 4-25-2022 by Ord. No. 2022-06]

(a) The members of the Planning Board;

(b) Township Administrator.

(7) Time for action.

(a) The Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board.

(b) The Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 500-801A(2) shall be acted upon within 120 days.

(c) The Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 500-801A(2) shall be acted upon within 120 days.

(d) The Board shall take action on a final major site plan and/or a final major subdivision application within 45 days after the application has been certified complete.

(e) The Planning Board shall take action on a preliminary major site plan application and/or preliminary major subdivision applications in cases where the applicant has requested a use variance. All aspects of the application shall be acted upon within 120 days after the application has been certified complete by the administrative officer.

[Amended 4-25-2022 by Ord. No. 2022-06]

(f) The Planning Board shall take action on variance applications within 120 days after the application has been certified complete by the administrative officer.

[Amended 4-25-2022 by Ord. No. 2022-06]

(g) All of the times for action set forth herein may be extended to such further time as may be consented to by the applicant.

(h) Failure of the Board to act within the prescribed time period shall constitute approval of the application.

F. Additional rules of procedure and waivers.

(1) The Planning Board is hereby authorized, in accordance with N.J.S.A. 40:55D-8, to adopt, by resolution, any additional rules of procedure, not inconsistent with the provisions of this chapter, as the Board may deem appropriate.

[Amended 4-25-2022 by Ord. No. 2022-06]

(2) The administrative officer shall provide an applicant with a copy of the resolution adopting any additional rules of procedure at the time that an application form is requested.[3]

[3] Editor's Note: Former § 25.802F3, which immediately followed this subsection, was repealed 4-25-2022 by Ord. No. 2022-06.

§ 500-803 Submission of minor subdivision plats and minor site plans.

A. Procedure for submitting minor subdivision plats and minor site plans. An application shall be submitted in accordance with the application procedures set forth in § 500-802C and the further requirements of this section.

B. Details required for minor subdivision plats and minor site plans. Each minor plat or minor 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 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 subdivision shall be drawn at an appropriate scale not less than one inch equals 100 feet and shall be submitted on one of four of the following standard sheet sizes (8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches). If one sheet is not sufficient to contain the entire territory, the map may be divided into two sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets. Each minor plat or plan shall show the following information, as the information is applicable to the minor subdivision or minor site plan submission:

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

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

(a) Name of subdivision or development, Bordentown Township and Burlington County;

(b) Name, title, address and telephone number of the subdivider or developer;

(c) Name, title, address, telephone number and license number of the professional or professionals that prepared the plat or plan;

(d) Name, title, address and telephone number of the owner or owners of record;

(e) Scale in inches to feet and bar scale; and

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

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

(4) Approval signature lines:

(a) Chairman;

(b) Secretary; and

(c) Township Engineer;

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

[Ord. No. 2004-8, 3-22-2004]

(6) Subdivision or development boundary line (heavy solid line);

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

(8) The location and width of all existing and proposed utility easements;

(9) Zoning districts affecting the tract, including district names and requirements;

(10) Proposed buffer and landscaped areas;

(11) Delineation of floodplains, including both floodway and flood fringe areas;

(12) Contours as shown on the USGS topographic sheets;

(13) Marshes, ponds and lands subject to flooding within the tract and within 100 feet thereof;

(14) The name of all adjacent property owners as they appear on the most recent tax list prepared by the Township administrative officer;

[Ord. No. 2004-8, 3-22-2004]

(15) Concerning minor subdivisions only, existing and proposed iron or copper pins and/or monuments;

(16) Concerning minor subdivision applications only and if the proposed lot(s) is (are) not served by a sanitary sewer, certification by a licensed professional engineer that the proposed lot(s) can adequately accommodate a septic system and a copy of any written review and report by the Township Board of Health. The location(s) of the test hole(s), test results and compliance with the Individual Sewage Disposal Code of New Jersey shall be shown on the plat and certified by a licensed professional engineer;

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

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

(19) Deed descriptions including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications shall be submitted for review and approval; and

(20) Council on Affordable Housing (COAH) compliance report. This report shall address the anticipated affordable housing obligation generated by the development and how that obligation is to be satisfied by the applicant. The report shall address the anticipated obligation at the time of issuance of the final certificate of occupancy (CO), and it shall be based on the applicable regulations of the Council on Affordable Housing at the time of issuance of the final CO.

[Ord. No. 2008-11, 5-12-2008]

C. Specific actions on minor subdivision or minor site plans.

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

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

(3) When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of that action, shall notify the applicant of the disapproval. Additionally, the Secretary of the Board shall forward to the applicant a copy of the disapproval resolution within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

(4) Within 190 days from the date of approval by the Board of a minor subdivision, a plat map drawn in compliance with the Map Filing Act, N.J.S.A. 46:23-9.9 et seq., or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or the acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the County Recording Officer. Unless filed within 190 days, the approval shall expire and will require Board approval as in the first instance. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval by the Board, provided that the approved minor subdivision shall have been duly recorded.

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

(a) Administrative officer;

(b) Township Engineer;

(c) Township Planning Consultant;

(d) Township Traffic Consultant;

(e) Township Tax Assessor;

(f) File of the Planning Board (3 copies); and

(g) Any other Township, county or state agencies and officials as directed by the Board.

§ 500-804 Submission of preliminary major subdivision plats and preliminary major site plans.

A. Procedure for submitting preliminary major subdivision plats and preliminary major site plans. An application shall be submitted in accordance with the application procedures set forth in S§ 500-802C and the further requirements of this section.

B. Details required for preliminary major subdivision plats and preliminary major 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 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 four of the following standard sheet sizes (8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; 30 inches by 42 inches). If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets. Each preliminary plat or plan shall show the following information, as appropriate to a subdivision plat or site plan, unless the municipal agency determines and so notifies the applicant that the information either is unnecessary or inapplicable to the particular subdivision or development plan:

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

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

(a) Name of subdivision or development, Bordentown Township, Burlington County, New Jersey;

(b) Name, title, address and telephone number of subdivider or developer;

(c) Name, title, address, telephone number and license number of the professional or professionals who prepared the plat or plan;

(d) Name, title, address and telephone number of the owner or owners of record;

(e) Scale in inches to feet and bar scale; and

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

(3) North arrow.

(4) Certification that the applicant is the owner of the land or the properly authorized agent of the owner, or that the owner has consented to the making of the application under an option agreement.

(5) Approval signature lines:

(a) Chairman;

(b) Secretary; and

(c) Township Engineer.

(6) Acreage to the nearest tenth of an acre and a computation of the area of the tract to be disturbed (both with and without areas within public rights-of-way).

[Ord. No. 2004-8, 3-22-2004]

(7) 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 Township administrative officer.

[Ord. No. 2004-8, 3-22-2004]

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

(9) Tract boundary line (heavy solid line).

(10) Zoning districts, including district names and requirements.

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

(12) The location and species associations of all 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 proposed location of all proposed plantings also shall be indicated and a legend provided listing the botanical and common names, the sizes at time of planting, the total quantity of each plant, and the location of each plant keyed to the plan or plat.

(13) All existing and proposed watercourses (including lakes and ponds) shall be shown and accompanied by the following information, as may be required by the Township Engineer:

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

(b) 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:

[1] At any point where a watercourse crosses a boundary of the tract.

[2] At one-hundred-foot intervals up to 500 feet upstream and downstream of any point of juncture of two or more watercourses within the tract.

[3] At one-hundred-foot intervals for a distance of 500 feet upstream and downstream of any proposed and/or existing culvert or bridge within the tract.

[4] At a maximum of one-hundred-foot intervals, but not less than two locations, along each watercourse which runs through or within 500 feet of the tract.

[5] When ditches, swales, streams or watercourses are to be altered, and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown.

[6] The delineation of the floodways and flood fringe areas of all watercourses within or adjacent to the tract.

(c) The total acreage of the drainage basin of any watercourse running through or adjacent to the tract;

(d) The location of all drainage structures downstream of the tract, to which the tract is tributary, between the tract and the municipal boundary, including hydrologic and hydraulic computations for each of the structures;

(e) The location and extent of drainage and conservation easements and stream encroachment lines;

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

(14) Existing and proposed contours with intervals of one foot where slopes are less than 2%; with intervals of two feet where slopes are between 2% and 10%; and with intervals of five feet where slopes exceed 10%. All contour information shall refer to a known datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line.

(15) Proposals for soil erosion and sediment control as required by the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.

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

(17) Size, height and location of all proposed buildings, structures, signs and lighting facilities. Architectural drawings and elevations of any proposed buildings shall be included with the application. These renderings shall be considered part of any approvals granted and shall not be substantially changed.

[Ord. No. 2003-23, 10-27-2003; Ord. No. 2004-8, 3-22-2004]

(18) All dimensions necessary to confirm conformity to this 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 acres and square feet and shall include bearings and distances.

(19) The proposed location, direction of illumination, power and type of proposed outdoor lighting including details of lighting poles and luminaires.

(20) The proposed screening, buffering and landscaping, including a landscaping plan.

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

(22) The application shall include plans and computations for any storm drainage system including the following:

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

(b) The location and extent of any proposed groundwater recharge basins, detention basins or other water or soil conservation or drainage devices.

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

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

(25) Plans, typical cross sections and details, centerline profiles and tentative grades of all proposed streets and of existing streets abutting the tract based on USGS vertical datum or a more specified datum supplied by the Township Engineer, including curbing, sidewalks, storm drains and drainage structures. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.

(26) All proposed street names, which shall be subject to the approval of the Board. No proposed street name shall duplicate or be substantially similar to the name of any existing or approved street in the Township of Bordentown, the City of Bordentown or in any municipality served by a post office which also serves the Township of Bordentown or the City of Bordentown.

(27) Any 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. All covenants or deed restrictions are subject to approval by the Planning Board and shall be written in easily understandable English.

(28) The proposed permanent monuments shall be shown, in accordance with the Map Filing Act (N.J.S.A. 46:23-9.9 et seq.).

(29) Council on Affordable Housing (COAH) compliance report. This report shall address the anticipated affordable housing obligation generated by the development and how that obligation is to be satisfied by the applicant. The report shall address the anticipated obligation at the time of issuance of the final certificate of occupancy (CO), and it shall be based on the applicable regulations of the Council on Affordable Housing at the time of issuance of the final CO.

[Ord. No. 2008-11, 5-12-2008]

C. Environmental impact statement.

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

(a) 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.

(b) Any variance applications to the Planning Board not involving a site plan or subdivision application shall not require an environmental impact statement unless specifically requested by the Board. The Planning Board shall inform the applicant regarding any information that may be required.

(c) Any application for subdivision approval where 10 lots or less are involved and all applications for minor site plan approval, either to the Planning Board may require an Environmental impact statement, dependent upon the nature of the particular development proposal and the subject land area. The Planning Board shall inform the applicant regarding any information that may be required.

(d) All preliminary major subdivision applications consisting of more than 10 lots and all preliminary major site plan applications shall be accompanied by an environmental impact statement, unless specifically waived by the Planning Board.

(2) Submission procedures.

(a) The environmental impact statement shall be submitted in the same manner as required for the submission of an application as set forth in § 500-802C.

(b) In the case of a major subdivision application consisting of more than 10 lots and major site plan applications, the environmental impact statement shall be submitted at the time of preliminary application to the Township.

(c) In the case of variance, subdivision applications involving 10 lots or less, and minor site plan applications, the environmental impact statement shall be submitted within 30 days after the Board has informed the applicant of the information required.

(d) Any revisions in the environmental impact statement shall be distributed in the same manner as the original was distributed.

(3) Submission format. When an environmental impact statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts shall also be considered. Furthermore, as much original research as 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:

(a) 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:

[1] Township Master Plan.

[2] Master plan of adjacent municipalities.

[3] Burlington County Master Plan.

[4] Regional and state planning codes.

[5] Other pertinent planning documents.

(b) Site description and inventory. Provide a description of environmental conditions on the site which shall include the following items:

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

[2] Topography. Describe the topographic conditions on the site.

[3] Geology. Describe the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is within two feet of the surface as well as major rock outcropings.

[4] Vegetation. Describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated.

[5] Wildlife. Identify and describe any habitats of endangered or protected species.

[6] 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.

[7] Distinctive scenic and/or historic features. Describe and map those portions of the site that can be considered to have distinctive scenic and/or historic qualities.

[8] 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 shall not necessarily be limited to, roads, driveway accesses, housing units, accessory structures, utility lines, etc.

[9] Wetlands study and delineation. An analysis should be conducted in accordance with the standards of the New Jersey State Department of Environmental Protection along with proof that a letter of interpretation has been requested from the New Jersey State Department of Environmental Protection.

[10] Miscellaneous. When warranted, an analysis should be conducted of existing air quality and noise levels as prescribed by the New Jersey State Department of Environmental Protection.

(c) Impact. Discuss the negative and positive impacts during and after construction. Indicate the negative impacts that are unavoidable. Indicate any measures that could be taken to reduce, minimize, or eliminate the negative impacts and discuss the reasonableness and/or practicality of those measures. The specific concerns that shall be considered shall be accompanied by specific quantitative measurements where possible and shall include the following:

[1] Soil erosion and sedimentation resulting from or reasonably anticipated to result from surface runoff.

[2] Flooding and floodplain disruption.

[3] Degradation of surface water quality.

[4] Groundwater pollution.

[5] Reduction of groundwater capabilities.

[6] Sewage disposal.

[7] Solid waste disposal.

[8] Vegetation destruction.

[9] Disruption of wildlife habitats of any endangered and/or protected species.

[10] Destruction or degradation of scenic and historic features.

[11] Air quality degradation.

[12] Noise levels.

[13] Energy utilization.

[14] Wetlands impact.

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

[1] Drainage plans which shall include soil erosion and sedimentation controls.

[2] Sewage disposal techniques.

[3] Water supply and water conservation proposals.

[4] Energy conservation measures.

[5] Noise reduction techniques.

[6] Solid and liquid waste disposal plans.

[7] Pest and rodent extermination plan approved by the Burlington County Health Department.

(e) Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Township, as well as agencies of the county, state and federal governments. Where approvals have been granted, copies of the approvals shall be attached. Where approvals are pending, a notation shall be made to that effect.

(f) 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. All agencies and individuals from whom all pertinent information was obtained orally or by letter shall be listed separately. Specify the dates and locations of all meetings.

(4) 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.

D. Traffic impact statement.

(1) General provisions. The traffic impact statement is required in order to assist the Planning Board as well as other governmental officials to understand and plan for the impact of the proposed development on traffic flow, intersection traffic controls, road design and other matters affected by increased traffic and changes in traffic patterns.

(2) Submission procedures.

(a) The traffic impact statement shall be submitted in the same manner as required for the submission of an application.

(b) In the case of a major subdivision application consisting of more than 10 lots and major site plan applications, the traffic impact statement shall be submitted at the time of preliminary application to the Township.

(c) In the case of variance, subdivision applications involving 10 lots or less, and minor site plan applications, the traffic impact statement shall be submitted within 30 days after the Board has informed the applicant of the information required.

(d) Any revisions in the traffic impact statement shall be distributed in the same manner as the original was distributed.

(3) Submission format. The traffic impact statement shall indicate why, in the applicant's opinion, the proposed development is in the public interest as well as providing:

(a) An analysis of the existing road network available to serve the proposed development as well as the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development, including the capacity of the existing and proposed roadways, the anticipated traffic volumes as a result of the proposed development as well as the increase in traffic volumes expected from other developments and any problem spots in the overall road network including unsafe intersections, turns or grades.

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

(c) If the existing streets, roads, traffic signals, channelization, acceleration and deceleration lanes, sight triangles, width and other devices are determined to be inadequate to serve or overburdened by the need created by the proposed development, the remedies, either expected or proposed by the applicant, shall be indicated along with the estimated cost for the additional facilities and how the developer proposes to address those costs.

(d) The compatibility or incompatibility of the proposed project shall be described in relation to the following:

[1] Township Master Plan.

[2] Master plan of adjacent municipalities.

[3] Burlington County Master Plan.

[4] Other pertinent planning documents.

E. Community impact statement.

(1) General provisions. The community impact statement shall provide an analysis of the proposed development and its expected impact upon existing municipal facilities and services.

(2) Submission procedures.

(a) The community impact statement shall be submitted in the same manner as required for the submission of an application.

(b) In the case of a major subdivision application consisting of more than 10 lots and major site plan applications, the community impact statement shall be submitted at the time of preliminary application to the Township.

(c) In the case of variance, subdivision applications involving 10 lots or less, and minor site plan applications, the community impact statement shall be submitted within 30 days after the Board has informed the applicant of the information required.

(d) Any revisions in the community impact statement shall be distributed in the same manner as the original was distributed.

(3) Submission format. The community impact statement shall indicate why, in the applicant's opinion, the proposed development is in the public interest as well as providing data and opinions concerning the following specific items:

(a) Population impact. An analysis of the number of people expected to be added to the municipal population as a result of the proposed development according to the following age cohorts:

[1] Preschool-aged children;

[2] School-aged children;

[3] Parents of family-bearing age;

[4] Middle-aged adults;

[5] Retired people.

(b) School impact. An analysis of the anticipated number of pupils who will be added to the student population in the Township and the ability of the existing public school facilities to absorb the expected student population during a ten-year time period. If expanded or new school facilities and/or increased teaching staff are expected to be required, the expected cost for the additions shall be specified.

(c) Facilities impact. An analysis of the existing facilities available to serve the proposed development and the impact of the development upon the facilities, including the adequacy of existing public water facilities; public sewerage facilities; recreational facilities; and library and cultural facilities. If the existing facilities are determined to be inadequate or overburdened by the need created by the proposed development, the remedies, either expected or proposed by the applicant, shall be indicated along with the estimated cost for the additional facilities and who, in the opinion of the applicant, should be responsible for the payment of those costs.

(d) Services impact. An analysis of the existing services provided by the Township, or by agencies serving the population of the Township, and the impact of the proposed development upon those services, specifically including police protection, fire protection, emergency services, hospitals and health care, solid waste disposal, and street maintenance.

(e) Financial impact. An analysis of the revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be shown for the Township, the school systems serving the Township and the county.

F. Additional information. The Board may 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.

G. Specific actions on major site plan and major subdivision applications.

(1) Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to mitigate any adverse effect(s) prior to further review, classification or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or 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 subdivided in a manner that will not create, impose, aggravate or lead to an adverse effect.

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

(a) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Article VI pursuant to N.J.S.A. 40:55D-65c;

(b) That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are adequate;

(c) That provision 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;

(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.

(3) All hearings held on applications for preliminary major subdivision approval (and in certain cases preliminary major site plan approval) shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of the date at least 14 days prior to the hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing as required by law.

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

(5) If minor revisions or additions to the plat or plan are deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of the approval. Should major revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.

(6) If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted setting forth the reasons for the rejection. One copy of the plat or plan and the resolution shall be returned to the applicant within 10 days of the adoption of the resolution.

H. Effect of preliminary approval.

(1) Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:

(a) 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;

(b) That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section of sections of the preliminary plat or plan; and

(c) That the applicant may apply for and the Board may grant extensions on the 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, the revised standards may govern.

(2) In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in § 500-804H(1) for any period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under preliminary approval;

(b) Economic conditions; and

(c) The comprehensiveness of the development.

(3) The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for any additional period of time as shall be determined by the Board to be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under preliminary approval;

(b) The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;

(c) Economic conditions; and

(d) The comprehensiveness of the development;

(e) Provided that if the design standards have been revised by ordinance, the revised standards may govern.

§ 500-805 Submission of final subdivision plats and final major site plans.

A. Procedure for submitting final plats and final plans.

(1) A final plat or final plan shall be submitted to the administrative officer within three years after the date of preliminary approval which time period shall be extended to include or any authorized extension of the preliminary approval.

(2) An application shall be submitted in accordance with the application procedures set forth in § 500-802.

B. Details required for final major subdivision plats and final major site plans.

(1) All details stipulated in § 500-804B.

(2) All additional details required at the time of preliminary approval shall be submitted.

(3) 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.

(4) Detailed architectural and engineering data, including:

(a) An architect's isometric design of each building and sign or a typical building and sign showing front, side and rear elevations.

(b) Cross sections, plans, profiles and established grades of all streets, aisles, lanes and driveways.

(c) Plans and profiles of all storm and sanitary sewers and water mains.

(d) All dimensions of the exterior boundaries of any subdivision and the dimensions of all lots shall be balanced and closed to a precision of one to 10,000. All dimensions, angles and bearings must be tied in to permanent monuments in accordance with the U.S. Geodetic Survey System, which monuments shall be provided and set at the following ratio:

Land Area	Number of Monuments
0 to 10 acres	1
10 to 30 acres	2
30 or more acres	3

(5) The final submission shall be accompanied by the following documents:

(a) Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, sewer utility cable television company and of any other company or governmental authority or 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 Township Engineer;

(b) The applicant shall certify in writing to the Board that the applicant has:

[1] Installed all improvements in accordance with the requirements of this chapter; and/or

[2] Posted a performance guarantee in accordance with § 500-902.

(c) A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 500-902, and that the improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guarantee.

C. Specific actions on applications for final subdivision or final site plan approval.

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

(2) 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 § 500-706F.:

(a) Administrative officer (one paper copy and, if applicable, one mylar and one cloth copy);

(b) Township Engineer (one paper copy);

(c) Construction Official (one paper copy);

(d) Zoning Officer (one paper copy);

(e) Township Tax Assessor (one paper copy);

(f) The applicant (one paper copy and, if applicable, one mylar copy); and

(g) Any other Township, county or state agencies and officials as directed by the Board.

(3) 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 Burlington County Clerk. In the event of failure to file within the 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.

(4) 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 adoption, shall notify the applicant of the disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

D. Effect of final approval.

(1) Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date of final approval:

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

(b) 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.

(2) In the case of a subdivision or site plan for a planned unit development, planned residential development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in § 500-805D(1) for a period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under final approval;

(b) Economic conditions; and

(c) The comprehensiveness of the development.

(3) The developer may apply thereafter and the Board may thereafter grant an extension to preliminary approval for any additional period of time as shall be determined by the Board to be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under final approval;

(b) The number of dwelling units and nonresidential floor area remaining to be developed;

(c) Economic conditions; and

(d) The comprehensiveness of the development.

§ 500-806 Rodent and pest control.

The Board may require the developer to provide a means to control an exodus of rodents or pests from the development during the period of construction.

§ 500-807 Checklists.

[Ord. No. 1992-4, § 2, 4-28-1992]

The checklists in the form set forth in the Appendix to this chapter and dated March 1992 are hereby adopted.[1]

[1] Editor's Note: The Checklists are included as an attachment to this chapter.