[Amended 10-4-2004 by Ord. No. 2004-5; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any applicant requesting an interpretation and/or any other type of relief within the jurisdiction of the Planning Board shall obtain all necessary forms from the Planning Board Secretary. Said officer shall inform the applicant of the steps to be taken in securing Planning Board action and of the Board's regular meeting dates. The applicant shall submit 16 copies of the plat or plans, together with a completed application form, all required accompanying documents and fees to the Planning Board Secretary at least 15 days prior to the next regularly scheduled meeting. The Secretary shall immediately forward a copy of the plat or plans to the Board Engineer and such other persons as designated by the Planning Board.
A. 
All applications submitted to the Board are subject to review and approval as set forth herein.
[Amended 10-4-2004 by Ord. No. 2004-5]
B. 
An application made to the Board shall be complete for purposes of commencing the applicable time period for action when so certified by the Planning Board or its authorized committee or designee. In the event the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the Board or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Township may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.
[Amended 10-4-2004 by Ord. No. 2004-5; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Any application for development submitted to the Board of Adjustment pursuant to lawful authority before January 1, 2005, the effective date of the ordinance creating a single board, pursuant to N.J.S.A. 40:55D-25c, may be continued at the option of the applicant, and pursuant to N.J.S.A. 40:55D-72.1, the Board of Adjustment shall have every power which it possessed before the effective date of said ordinance in regard to the application. Once the processing of any such applications has been completed by the Board of Adjustment or after December 31, 2004, whichever is later, the Board of Adjustment shall disband and be terminated and its records shall be delivered to the custody of the Secretary of the Planning Board.[1]
[Amended 10-4-2004 by Ord. No. 2004-5]
[1]
Editor's Note: Original Sec. 2.8D, regarding certain conditions for approval by the Planning Board, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Whenever an application is submitted for major subdivision approval, conditional use or site plan approval, an environmental impact statement shall be filed with the Board which shall contain the following information:
[Added 11-7-1994 by Ord. No. 94-5]
(1) 
General provisions. The impact on the environment generated by land development 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 upon the size of the development, the nature of the site, the location of the development and the information already in the possession of the Township. Therefore, having determined that some flexibility is needed in preparing the environmental impact statement, the requirements for such a document pertaining to different types of development applications are listed below:
(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 the information contained therein is deemed essential by the Board in order to make an informed decision regarding the submitted application. The Planning Board shall inform the applicant regarding any information that may be required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(c) 
Any application for minor site plan approval to the Planning Board shall not require an environmental impact statement unless the information contained therein is deemed essential by the Board in order to make an informed decision regarding the submitted application. The Planning Board shall inform the applicant regarding any information that may be required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d) 
All minor subdivision, preliminary major subdivision and/or major site plan applications shall be accompanied by an environmental impact statement.
(2) 
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 professional 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 also shall 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 particular 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 plans of adjacent municipalities.
[3] 
Salem County Master Plan.
[4] 
State Development and Redevelopment Plan.
[5] 
Other pertinent planning documents.
(b) 
Site, description and inventory. Provide a description of the environmental conditions on the site, including 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 use proposed, a complete mapping of all soil types where the moderate and severe limitations exist shall be provided.
[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 outcroppings.
[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 unique 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, including, but not necessarily limited to, roads, driveway accesses, housing units, accessory structures, utility lines, etc.
[9] 
Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey State Department of Environmental Protection.
(c) 
Impact. Discuss both the negative and positive impacts during and after construction. Indicate those negative impacts that are unavoidable. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where possible and necessary:
[1] 
Soil erosion and sedimentation resulting 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 endangered and protected species.
[10] 
Destruction or degradation of scenic and historic features.
[11] 
Air quality degradation.
[12] 
Noise levels.
[13] 
Energy utilization.
[14] 
Agricultural enterprises if within the Agricultural Development Area as identified by the Salem County Agriculture Development Board and/or the State Agriculture Development Committee.
(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.
(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 said approvals shall be attached. Where approvals are pending, a note 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. 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.
(3) 
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 ensure that the proposed development will cause no reasonably avoidable damage to any environmental resource.
Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application or within such further time as may be consented to by the applicant. Said approval shall not be subject to notice requirements or a public hearing and shall be the final action of the Board which may be conditioned upon improvement provisions pursuant to N.J.S.A. 40:55D-38. Failure of the Planning Board to act within the prescribed period shall constitute minor subdivision approval. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Clerk, Township Engineer, and Township Tax Assessor. Any such plat or deed must be signed by the Chairperson and Secretary of the Planning Board before it will be accepted for filing by the County Clerk. The zoning requirements and approval terms and conditions shall not be changed for a period of two years after the date of minor subdivision approval, provided the subdivision has been duly recorded.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
A. 
Preliminary approval.
(1) 
Upon submission of a complete preliminary application for a subdivision of 10 or fewer lots or a site plan of 10 acres or less, the Planning Board shall grant or deny preliminary approval within 45 days of submission or within such time as may be consented to by the developer. Upon submission of a complete preliminary application for a subdivision of more than 10 lots, a site plan of more than 10 acres, or planned development application, the Planning Board shall grant or deny preliminary approval within 95 days or within such further time as may be consented to by the developer. All such applications shall be subject to a public hearing after proper notice. Failure to act within the period prescribed shall constitute preliminary approval of the subdivision or site plan.
(2) 
In the event preliminary approval of a subdivision or site plan is denied because of failure to comply with municipal or regional development regulations, a notation to that effect, together with the signature of the Planning Board Secretary, shall be placed on the plat, and reasons for the decision shall be stated in the denial resolution.
(3) 
Preliminary approval of a major subdivision, site plan, or planned development shall be granted by resolution, which shall set forth any conditions that must be met, including required performance guarantees, and plat changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat and plan, together with the signature of the Chairperson and Secretary of the Planning Board. This preliminary approval does not authorize the recording of a subdivision or the issuance of a building permit for a site plan.
(4) 
Preliminary approval of a subdivision plat or site plan shall confer upon the developer the following rights:
(a) 
That the zoning requirements and the general terms and conditions on which preliminary approval was granted shall not be changed for a three-year period from the date of preliminary approval unless modified by ordinance provisions relating to public health or safety;
(b) 
That the developer may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan; and
(c) 
That the applicant may apply for and the Planning Board may grant extensions of one year or longer as provided in N.J.S.A. 40:55D-49.
B. 
Final approval.
(1) 
Application for final major subdivision or site plan approval shall be granted or denied within 45 days of submission of a complete final application or within such further time as consented to by the developer. Failure of the Planning Board to act within the prescribed period shall constitute final approval.
(2) 
Final approval of a major subdivision, site plan, or planned development shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with and all required easements have been submitted and approved as to content by the Township Engineer and approved as to form by the Township Solicitor.
(3) 
Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat unless, within such period, a plat meeting the Map Filing Law[1] and bearing the signature of the Chairperson and Secretary of the Planning Board shall have been duly filed with the County Clerk. The Planning Board may, for good cause shown, extend the period for recording for an additional period, not to exceed 190 days from the date of signing of the plat.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
(4) 
Final approval of a major subdivision or site plan shall confer upon the developer the following rights:
(a) 
Zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer in Subsection A of this section shall not be changed for a period of two years after the date of final approval, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly and properly recorded. The Planning Board may extend such protection periods by extensions of one year but not exceeding three such extensions. The granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Subsection A of this section for any portion granted final approval.
(b) 
In the case of a subdivision or site plan of planned development or residential cluster of 50 acres or more or a conventional subdivision or site plan for 150 acres or more, the Planning Board may extend the period of protection as provided in N.J.S.A. 40:55D-52.
(5) 
Upon final approval, copies of the approved plat or plans shall be distributed by the Planning Board Secretary to the Planning Board files, Township Engineer, Zoning Officer, Tax Assessor, County Planning Board, and the applicant.
In exercising its power to grant conditional uses pursuant to N.J.S.A. 40:55D-67 and Subsection A(2) of § 115-16 of this chapter, the Planning Board shall grant or deny a conditional use application within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. Said application shall be subject to a public hearing after proper notice. The review of the conditional use application shall include any required site plan review within this prescribed period. Failure of the Planning Board to act within the prescribed period shall constitute approval of the application.[1]
[1]
Editor's Note: Original Sec. 2-12, Ancillary Powers, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.
The Planning Board, when acting upon application for a preliminary or minor subdivision approval or preliminary site plan approval, shall have the power to grant such exceptions from the requirements for approval as may be reasonable and within the general purpose and intent of the provisions for review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question, provided such exceptions and the reasons therefor shall be recorded in the minutes.
An appeal from any final decision of the Planning Board may be taken to the Township Committee, provided such appeal shall be taken in accordance with N.J.S.A. 40:55D-17.[1]
[1]
Editor's Note: Original Ch. II, Art. III, Zoning Board of Adjustment, which immediately followed, was repealed 10-4-2004 by Ord. No. 2004-5.
[Added 10-4-2004 by Ord. No. 2004-5]
A. 
Whenever an application for approval of a subdivision, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in the Municipal Land Use Law. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
B. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision; or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.