[Ord. No. 00-40, 7-24-2000]
Whenever an application for development to the Board is permitted
or required by this Article, it shall be in such form, and accompanied
by such maps, documents, and materials as are prescribed by this Article,
and shall be submitted to the Administrative Officer in such numbers
as required herein. No development application shall be accepted for
submittal unless it conforms to the form, content, and data requirements
of this Article. The standards for submission contained in this Article
shall be considered the minimum requirements for the promotion of
the public health, safety, and general welfare.
[Ord. No. 00-40, 7-24-2000]
A.
Subdivision and site plan approval required. Except as otherwise
permitted, no zoning permit shall be issued for any building or use
or enlargement of any building or use unless a site plan is first
submitted and approved by the Neptune Township Planning Board or Zoning
Board of Adjustment as the law directs. No subdivision of land shall
be valid unless a plat is first submitted and approved by the Neptune
Township Planning Board or Zoning Board of Adjustment.
B.
Exemptions from site plan review. Site plan review and approval shall
not be required for:
1.
Zoning permits for individual lot applications involving only a detached
one- or two-dwelling unit building.
2.
Accessory buildings as otherwise permitted for detached one- or two-dwelling
unit or uses.
3.
Accessory buildings for non-residential uses, with a maximum 500
square foot size limitation, provided:
(a)
In the opinion of the Zoning Officer, the proposed building
and use will not impair the public good;
(b)
Adequate information is provided to the Zoning Officer or designee
in order to make an informed decision;
(c)
Said building conforms to all of the requirements contained
in this Chapter, and a zoning permit is granted;
4.
Other buildings or structures incidental to residential uses.
5.
The alteration or repair of an existing building which is not either
a detached one- or two-dwelling unit building upon determination by
the Administrative Officer that the alterations or repair:
6.
No exemption from site plan review shall be permitted for any use,
building, structure, or landscape either currently listed on the local,
State or National Register of Historic Places, or proposed for inclusion
on such register or registers in the Historic Preservation Element
of the Master Plan.
7.
Expansion of an existing conforming non-residential structure, provided:
(a)
The expansion will result in less than 10% of additional building
coverage or 500 square feet, whichever is less;
(b)
In the opinion of the Zoning Officer, this addition will not
create a nuisance to adjoining land uses;
(c)
Said building conforms to all of the requirements contained
in this Chapter, and a zoning permit is granted;
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This exemption shall be limited to one expansion every three
years, up to a maximum aggregate of 2,500 square feet.
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C.
Site plan review waiver. The Board of Jurisdiction may waive the
requirement of site plan approval whenever it determines that the
proposed development, alteration, repair, or change of use or occupancy
does not affect the existing conditions of the lot or premises, including
topography; vegetation; drainage; floodplains; marshes and waterways;
open space; walkways, means of ingress and egress; utility services;
landscaping; structures; signs; lighting and screening devices; and
other considerations of site plan review. Any applicant desiring a
waiver under this section shall present sufficient credible evidence
to allow the Board to reach such conclusions as would permit a. waiver.
Such evidence may consist of sketches, property descriptions, methods
of operation, photographs, testimony, or other documentation or information
as the Board may require. The reviewing Board shall render a decision
based on such evidence and may attach conditions to any waiver so
granted.
[Prior Section LDO-802, Submissions Required for All Applications,
was replaced 11-28-2011 by Ord. No. 11-47 with Sections LDO-802A
and LDO-802B. Prior history includes Ord. No. 00-40, 7-24-2000]
[Amended 11-28-2011 by Ord. No. 11-47; 5-13-2013 by Ord. No. 13-17]
Prior to issuance of a Certificate of Completeness, the Administrative
Officer shall determine that the following documents have been submitted:
 |
[Amended 11-28-2011 by Ord. No. 11-47; 5-13-2013 by Ord. No. 13-17]
Prior to issuance of a Certificate of Completeness, the Administrative
Officer shall determine that the following documents have been submitted:
 |
[Ord. No. 00-40, 7-24-2000]
All plans and documents submitted shall be signed and sealed
by the appropriate licensed or certified professional, as follows:
A.
Depiction of existing conditions on a site plan.
B.
Preparation of a site plan.
1.
The location of proposed buildings and their relationship to the
site and the immediate environs: Architect or Engineer.
2.
The location of drives, parking layout, pedestrian circulation and
the means of ingress and egress: Architect, Engineer, Planner or Landscape
Architect.
3.
Drainage facilities for site plans of 10 acres or more; or, involving
stormwater detention facilities; or traversed by a water course: Engineer.
4.
Other drainage facilities: Architect or Engineer.
5.
Connections with utilities and their on tract extension: Engineer.
6.
Off tract utility extensions: Engineer.
7.
On-site sanitary sewage disposal or flow equalization facilities:
Engineer.
8.
Preliminary floor plans and elevation views of buildings illustrating
the architectural design of a project: Architect, except where the
building is part of an engineering or industrial project, in which
case an Engineer.
9.
Landscaping, signs, lighting, screening material or other information
not specified above: Architect, Planner, Engineer, or Landscape Architect.
10.
The general layout of a preliminary site plan or general development
plan for a multiple building project, showing the development elements
including their relationship to the site and the immediate environs:
Architect, Engineer, Planner, or Landscape Architect.
C.
Preparation of a major subdivision plat.
1.
The general location of facilities, site improvements, and lot layouts:
Architect, Engineer, Land Surveyor, Planner, or Landscape Architect.
2.
The design and construction details of all public improvements, including
street pavements, sidewalks, curbs, sanitary sewage, and storm drainage
facilities: Engineer.
3.
Final subdivision plat with metes and bounds: Land Surveyor.
D.
Circulation impact study transportation engineer or planner.
E.
Other Submissions: as qualified by the Board.
[Ord. No. 00-40, 7-24-2000]
A.
Initial submission requirements. The applicant, at their option, may chose to make an initial submission for completeness review only, in accordance with the checklist requirements of this section. Said submission may be modified to include a total of four sets of required submission materials pursuant to this Article. The submission will be distributed to the Board Engineer and Board Planner for completeness review. Upon the issuance of a Certificate of Completeness, the applicant shall make all required submissions as specified in Section LDO-812, 15 days prior to the scheduled public hearing.
B.
Certification of completeness. An application for development shall
be complete for the purposes of commencing the applicable time period
for action by the Board when so certified by the Board or its authorized
committee or designee, the Administrative Officer. In the event that
the Board, 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 expiration of the forty-five-day period
for the purposes of commencing the applicable time period unless:
C.
Submission requirement waivers. The applicant may request that one
or more of the submission requirements be waived, in which event the
Board or its designee shall grant or deny the request within 45 days.
Nothing herein shall be construed as diminishing the applicant's obligation
to offer sufficient proof during the application process that he or
she is entitled to approval of the application.
D.
Correction of erroneous information. The Board may subsequently require
correction of any information found to be in error, and the submission
of additional information not specified in this Chapter, 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 revision in the accompanying documents so required by the Board.
[Ord. No. 00-40, 7-24-2000]
A.
An applicant may request and the Planning Board shall grant an informal
review of a concept design plan for which an applicant intends to
prepare and submit an application for development.
B.
A concept design plan shall be submitted to the Administrative Officer
at least 10 days prior to a regularly scheduled meeting in form, content,
and number as required in the applicable checklist. All persons having
an interest in the proposed development shall be given an opportunity
to be heard at the hearing. The concept design plan and its documentation
shall show a general design of the development and its public improvements
sufficient for the Board to consider the concept. Acceptance of the
concept design plan does not constitute an approval, nor shall it
be considered a valid basis for the construction of improvements or
other commitments which depend upon the concept plan's design characteristics.
Neither the applicant nor the Board shall be bound by the plan or
its review.
C.
In no event shall the concept design review be considered a preliminary
plat submission or preliminary site plan submission for the purpose
of deeming an application complete nor shall it constitute a general
development plan, preliminary plat or preliminary site plan approval
by the Board.
[Ord. No. 00-40, 7-24-2000]
A.
Submission required. When an applicant proposes development that
meets the definition and criteria for a minor subdivision or minor
site plan, an application in form, content, and number as required
herein shall be submitted.
B.
Criteria for minor classification. Applications shall be classed either as minor subdivisions or minor site plans only upon meeting the definitional requirements in Article II and the following criteria:
2.
Minor site plan.
(a)
The proposed development contains less than 1,000 square feet
of floor area; and
(b)
The proposed development contains less than 4,000 square feet
of impervious surface; and
(c)
The tract was not the subject of a minor subdivision or minor
site plan approval within two years of the date of the resolution
of memorialization.
C.
Minimum review time period. The applicant shall submit an application
and associated documentation to the Administrative Officer at least
20 days prior to a regularly scheduled hearing.
D.
Review by professionals. The Municipal Engineer, Planner, and/or
other professional shall review all aspects of the application and
shall expeditiously report their findings to the Board.
E.
Determination of completeness. The Board or its designee shall determine
the completeness of the application in accordance with the standards
contained in this Article. No application shall be scheduled for a
public hearing unless it is determined to be complete.
F.
Time period for consideration. Once the application is deemed complete
the Board shall have 45 days to grant or deny the application, with
or without conditions.
G.
Remainder of tract. Where the remaining portion of the original tract
that is to be subdivided is of sufficient size to be developed further,
the applicant may be required to submit a concept plan of the entire
remaining portion of the tract to indicate a feasible plan whereby
the site plan applied for, together with subsequent site plan(s) that
may be submitted, shall not create, impose, aggravate, or lead to
any adverse condition.
H.
Board action on applications.
1.
The Board shall act upon the application after it has sufficiently
reviewed the application, that the Board professionals have adequately
reviewed the application, that the applicant has had sufficient opportunity
to present its request for development approval to the Board, and
that the concerns of other interested persons have been considered.
In any event, the Board shall grant or deny the application for a
minor site plan within 45 days of the date of determination that a
complete application has been submitted to the Board or within such
time as may be consented to by the applicant. The decision and resolution
of the Board shall be in writing in accordance with N.J.S.A. 40:55D-10g
through i.
2.
Minor subdivision and site plan approval shall be deemed final approval
by the Board.
3.
The Board may condition approval on terms ensuring the completion
of improvements and performance in accordance with this Chapter and
N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40, and 40:55D-53.
4.
Whenever review or approval of an application for development by
the Monmouth County Planning Board is required pursuant to N.J.S.A.
40:27-6.3, the Board shall condition any approval upon the timely
receipt of favorable action on the application by the Monmouth County
Planning Board or approval by the Monmouth County Planning Board by
its failure to report thereon within the required time period.
5.
Failure of the Board to act within the time period prescribed shall
constitute approval, and a certificate of the Administrative Officer
as to the failure of the Board to act shall be issued on the request
of the applicant.
I.
Effect of approval: minor subdivision. The zoning requirements and
general terms and conditions, whether conditional of otherwise, upon
which minor subdivision approval was granted shall not be changed
for a period of two years after the date of approval, provided that
the approved minor subdivision shall have been duly recorded pursuant
to N.J.S.A. 40:55D-47.
Extensions may be requested and may be granted pursuant to N.J.S.A.
40:55D-47f and g.
J.
Effect of approval: minor site plans. The zoning requirements and
general terms and conditions, whether conditional or otherwise, upon
which minor site plan approval was granted shall not be changed for
a period of two years after the date of approval. Extensions may be
requested and may be granted pursuant to N.J.S.A. 40:55D-46.1c.
K.
Expiration of approval. In the granting of an application for minor
site plan, the applicant shall secure a zoning permit and a construction
permit. When no construction permit is required, a certificate of
occupancy shall be secured within three years of the date of approval;
otherwise, the approval shall be considered null and void.
L.
Distribution. Upon the granting of site plan approval by the Board
and the fulfillment of any conditions, the approved plan, including
the resolution of approval, shall be sent to:
[Ord. No. 00-40, 7-24-2000]
A.
Submission required. When an applicant proposes an application that
meets the definition and criteria for planned development, a general
development plan application in form, content, and number as required
herein may be submitted.
B.
Minimum tract area. The minimum land area for the submittal of a
general development plan application shall be greater than 20 acres.
C.
Minimum review time period. The applicant shall submit to the Administrative
Officer an application and associated documentation at least 30 days
prior to a regularly scheduled meeting.
D.
Review by professionals. The Municipal Engineer, Planner, and/or
other professional shall review all aspects of the application and
shall expeditiously report their findings to the Board.
E.
Determination of completeness. The Board or its designee shall determine
the completeness of the application in accordance with this Chapter.
No application shall be scheduled for a public hearing unless it is
determined to be complete.
F.
Public notice and hearing. If the application is found to conform
to the definition of a general development plan and is complete, the
Board shall formally determine that a complete application has been
submitted, and shall set a time and date for public notice and hearing
and shall so advise the applicant. The Board may delegate the setting
of the time and date for public notice and hearing to the Administrative
Officer. Public notice shall be given in accordance with this Chapter.
All persons having an interest in the proposed development shall be
given an opportunity to be heard at the hearing.
G.
Substantial amendment. If during the hearing on the submission, the
Board requires any substantial amendment in the layout of the tract
or its improvements, as proposed by the applicant, that has been the
subject of said hearing, an amended application shall be submitted
and acted upon as an original submission.
H.
Remainder of tract. Any lands contemplated for development under
the provisions of the general development plan shall be included in
the application.
I.
Board action on applications.
1.
Review of plan. The Board shall act upon the application after it
has sufficiently reviewed the application, that the Board professionals
have adequately reviewed the application, that the applicant has had
sufficient opportunity to present its request for development approval
to the Board, and that the concerns of other interested persons have
been considered.
2.
The Board shall grant, grant with conditions, or deny the application
for a general development plan within 95 days of the date of determination
that a complete application has been submitted to the Board or within
such time as may be consented to by the applicant. Upon failure of
the Board to act within the aforementioned time periods, the Board
shall be deemed to have granted general development approval to the
site plan.
3.
Findings for planned unit developments. Prior to the approval by
written resolution of a general development plan for the initial approval
of a planned unit development, the Planning Board shall find the following
facts and conclusions:
(a)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to zoning ordinance
standards adopted pursuant to N.J.S.A. 40:55D-65c of the Municipal
Land Use Law;
(b)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate;
(c)
That provisions through the physical design of the proposed
planned unit 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 unit development shall not have an
unreasonably adverse impact upon the area in which it is proposed
to be established;
(e)
In the case of a proposed planned unit development that contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and the residents,
occupants, and owners of the proposed development in the total completion
of the development are adequate.
4.
Contents of written hearing resolution. The decision and resolution
of the Board shall be in writing in accordance with N.J.S.A. 40:55D-10g
through i, and shall include not only conclusions but also findings
of fact related to the specific proposal; shall set forth the reasons
for the grant, with or without conditions, or for the denial; and
shall set particularly in what respects the plan would or would not
be in the public interest, including but not limited to findings of
fact and conclusions on the following:
(a)
Whether the plan is in general conformity with the provisions
of the Master Plan of the Township of Neptune.
(b)
In what respects the plan is or is not consistent with the statement of objectives for planned unit development as set forth in Article I.
(c)
The extent to which the plan departs from zoning and subdivision
regulations otherwise applicable to the subject property, including
but not limited to density, bulk and use, and the reason why such
departures are or are not deemed to be in the public interest.
(d)
The purpose, location and amount of the common open space, the
reliability of the proposals for maintenance and conservation of the
common open space, and the adequacy or inadequacy of the amount and
purpose of the common open space as related to the proposed density
and type of development.
(e)
The physical design of the plan and the manner in which said
design does or does not make adequate provisions for public services,
provide adequate control over vehicular traffic and further the amenities
of light and air, recreation, landscaping, and visual enjoyment.
(f)
The relationship, beneficial or adverse, of the proposed planned
unit development to the neighboring area in which it is proposed to
be established.
(g)
In the case of a plan that proposes development over a period
of five or more years, the sufficiency of the terms and conditions
intended to protect the interests of the public and of the residents
and owners of the planned unit development in the integrity of the
plan, including the performance guarantees.
5.
Conditions of general development plan approval. The Board may condition
approval on terms ensuring the applicant's conformance to this Chapter
6.
Failure of the Board to so act within the required period(s) of time
shall be deemed to be a grant of the general development plan approval
of the plan as submitted. In the event that the general development
plan approval is granted, other than by lapse of time, either of the
plan as submitted or of the plan with conditions, the Township Planning
Board, as part of its resolution, shall specify the drawings, specifications,
and form of performance guarantee as provided by statute that shall
accompany subsequent applications for site plan or subdivision approval.
In the event that the general development plan approval is granted
subject to conditions, the applicant shall within 45 days after receiving
a copy of the written approval of the Township Planning Board, notify
the Township Planning Board of the acceptance or refusal of all conditions.
(a)
In the event the applicant agrees to all modifications and conditions
made a part of the approval of a general development plan, the applicant
and the Township shall enter into a Municipal Development Agreement
pursuant to N.J.S.A. 40:55D-45.2l, which shall specify the terms and
conditions to be honored by both parties to assure the implementation
of the approved planned development.
(b)
If the applicant refuses to accept all conditions, the Board
shall be deemed to have denied general development plan approval.
(c)
In the event the applicant does not within the required time
period notify the Board of the acceptance or refusal to of the conditions
of the general development plan approval, and in the event such lack
of notice shall prevent the Board and the applicant from mutually
agreeing to a change in such conditions, the Board, at the request
of the applicant, may extend the time during which the applicant shall
notify the Board.
(d)
The Board may set forth those condition which it deems necessary
to protect the interests of the general public, and the residents
and occupants of the planned unit development. Such conditions may
include, but are not limited to, the sequence and distribution of
uses and densities, limitations of land areas to be developed within
a given period, or provision of physical means to address critical
or unique environmental conditions. Such conditions shall be predicated
on the following criteria:
(i)
That each stage of a planned unit development shall contain,
within reasonable limits, a balance of commercial and residential
uses, open space, and community facilities to assure that the planned
unit development is a viable self-sustaining community unit at any
given stage in its growth.
(ii)
That each stage of development shall include required
open space in proportion to that part of the total commercial and
residential development units in the planned unit development that
are to be developed in that stage. Such open space shall include both
recreation and conservation uses accessible to the general public
and open space which shall be physically proximate and accessible
to the resident population within the planned unit development.
(iii)
That the size and timing of successive stages
of a planned unit development shall be conditioned upon the availability
and provision of suitable capacity of facilities such as arterial
highways, primary roadways of Monmouth County, primary roadways of
Neptune Township, sewer, water, storm water drainage, and other services
whose capacities must be expanded as a result of the development of
the planned development.
7.
Whenever review or approval of an application for development by
the Monmouth County Planning Board is required pursuant to N.J.S.A.
40:27-6.3, the Board shall condition any approval upon the timely
receipt of favorable action on the application by the Monmouth County
Planning Board or approval by the Monmouth County Planning Board by
its failure to report thereon within the required time period.
8.
Failure of the Board to act within the time period prescribed shall
constitute approval, and a certificate of the Administrative Officer
as to the failure of the Board to act shall be issued on the request
of the applicant. Such certificate shall be sufficient in lieu of
a resolution of approval and written endorsements and shall be accepted
by the county recording officer for the purpose of filing.
J.
Effect of approval.
1.
A plan that has been given general development plan approval with
conditions accepted by the applicant (and provided that the applicant
has not defaulted under nor violated any of the conditions of the
general development plan approval) shall not be modified, revoked
or otherwise impaired by action of the Township or any of its present
or future agencies or officers pending an application or applications
for subdivision or site plan approvals for each section without the
consent of the applicant, provided that an application for subdivision
or site plan approval is filed within five years of the date upon
which the general development plan has been approved.
2.
In the event the developer has not applied for preliminary approval
of a section or sections of an approved general development plan within
five years of the date upon which the general development plan was
approved, such approval may be terminated by the Planning Board upon
written notice to the applicant.
3.
The Planning Board may grant these rights for a period of time longer
than five years but not longer than 20 years as shall be reasonable,
taking into consideration:
4.
The applicant may petition the Planning Board thereafter and the
Planning Board may grant an extension of general development plan
approval for such additional time period as shall be determined by
the Planning Board to be reasonable, taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible
under the 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, provided that if the
design standards have been revised, such standards may govern.
K.
Distribution. Upon the granting of general development plan approval
by the Board, copies of the approved documents, including the resolution
of approval, shall be sent to:
[Ord. No. 00-40, 7-24-2000]
A.
Submission required. When an applicant proposes an application that
meets the definition of a preliminary major subdivision or site plan,
an application in form, content, and number as required by this Chapter
shall be submitted.
B.
Review by professionals. The Municipal Engineer, Planner, and/or
other professional shall review all aspects of the application and
shall expeditiously report their findings to the Board.
C.
Determination of completeness. The Board or its designee shall determine
the completeness of the application in accordance with this Chapter.
No application shall be scheduled for a public hearing unless it is
determined to be complete.
D.
Public notice and hearing. If the application is found to conform
to the definition, of a general development plan and is complete,
the Board shall formally determine that a complete application has
been submitted and shall set a time and date for public notice and
hearing, and shall so advise the applicant. The Board may delegate
the setting of the time and date for public notice and hearing to
the Administrative Officer. Public notice shall be given in accordance
with this Chapter. All persons having an interest in the proposed
development shall be given an opportunity to be heard at the hearing.
E.
Substantial amendment. If, during the hearing on the submission,
the Board requires any substantial amendment in the layout of the
site or its improvements, as proposed by the applicant, that has been
the subject of said hearing, an amended application shall be submitted
and acted upon as an original submission.
F.
Remainder of tract. Where the remaining portion of the original tract
is of sufficient size to be developed further, the applicant may be
required to submit a conceptual plan of the entire remaining portion
of the tract to indicate a feasible plan whereby the site plan applied
for, together with subsequent site plan(s) that may be submitted,
shall not create, impose, aggravate, or lead to any adverse condition.
G.
Board action on applications.
1.
The Board shall act upon the application after it has sufficiently
reviewed the application, that the Board professionals have adequately
reviewed the application, that the applicant has had sufficient opportunity
to present its request for development approval to the Board, and
that the concerns of other interested persons have been considered.
2.
The Board shall grant, grant with conditions, or deny the application
for a preliminary site plan in accordance with:
(a)
A site plan of 10 acres or less or 10 dwelling units or less
within 45 days of the date of determination that a complete application
has been submitted to the Board or within such time as may be consented
to by the applicant; or
(b)
A site plan of more than 10 acres or more than 10 dwelling units
within 95 days of the date of determination that a complete application
has been submitted to the Board or within such time as may be consented
to by the applicant.
(c)
Upon failure of the Board to act within the aforementioned time
periods, the Board shall be deemed to have granted preliminary approval
to the site plan.
3.
The decision and resolution of the Board shall be in writing in accordance
with N.J.S.A. 40:55D-10g through i.
4.
The Board may condition approval on terms ensuring the applicant's
conformance to this Chapter and any other applicable ordinance.
5.
Whenever review or approval of an application for development by
the Monmouth County Planning Board is required pursuant to N.J.S.A.
40:27-6.3, the Board shall condition any approval upon the timely
receipt of favorable action on the application by the Monmouth County
Planning Board or approval by the Monmouth County Planning Board by
its failure to report thereon within the required time period.
6.
Failure of the Board to act within the time period prescribed shall
constitute approval, and a certificate of the Administrative Officer
as to the failure of the Board to act shall be issued on the request
of the applicant. Such certificate shall be sufficient in lieu of
a resolution of approval.
H.
Effect of approval. The approval of a preliminary major site plan
shall confer upon the applicant the following rights for a three-year
period from the date of a preliminary approval:
1.
That the general terms and conditions on which preliminary approval
have been granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs,
and sidewalks, lot sizes, dimensions, yards, and improvements, whether
on-tract or off.
2.
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 site plan.
3.
That the applicant may apply for and the Board may grant extensions
on such preliminary approval for additional periods of time of at
least one year and not to exceed two years, provided that if the design
standards have been revised by ordinance, such revised standards may
govern at the discretion of the Board.
4.
In the case of a site plan of 50 acres or larger, the Board may grant
these rights for a period of time longer than three years as shall
be reasonable, taking into consideration:
5.
The applicant may petition the Board thereafter and the Board may
grant an extension of preliminary approval for such additional time
period 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 the 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, provided that if the
design standards have been revised, such standards may govern.
6.
Whenever the Board grants an extension of preliminary approval pursuant
to this paragraph 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 applicant may
apply for the extension either before or after what would otherwise
be the expiration date.
7.
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 applicant proves to
the reasonable satisfaction of the Board that the applicant 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 applicant applied promptly for
and diligently pursued the required approvals. An applicant shall
apply for the extension before 1) what would otherwise be the expiration
date of preliminary approval, or 2) the 91st day after the applicant
receives the last legally required approval from other governmental
entities, whichever occurs later. An extension granted pursuant to
this paragraph shall not preclude the Board from granting an extension
otherwise permitted by this section.
I.
Expiration of approval. After the granting of an application for
preliminary subdivision or preliminary site plan, the applicant shall
file an application for final approval within five years of the date
of approval; otherwise the approval shall be considered null and void.
J.
Distribution. Upon the granting of site plan approval by the Board,
copies of the approved documents, including the resolution of approval,
shall be sent to:
[Ord. No. 00-40, 7-24-2000]
A.
Submission required. When an applicant proposes an application that
meets the definitional requirement for a major site plan and prior
to the expiration of preliminary approval for the subject tract, final
plans, application forms and other required documentation shall be
submitted. The applicant may submit for final approval of the whole,
or a section, or sections of the preliminary development plan. Final
plans shall conform substantially to preliminary plans.
B.
Minimum review time period. The applicant shall submit to the Administrative
Officer an application and associated documentation at least 30 days
prior to a regularly scheduled meeting.
C.
Review by professionals. The Municipal Engineer, Planner, and/or
other professional shall review all aspects of the application and
shall expeditiously report their findings to the Board.
D.
Determination of completeness. The Board or its designee shall determine
the completeness of the application in accordance with this Article.
No application shall be scheduled for a public hearing unless it is
determined to be complete.
E.
Hearing. If the application is found to conform to the definition
of a final site plan or subdivision and is complete, the Board shall
formally determine that a complete application has been submitted
and shall set a time and date for public notice and hearing, and shall
so advise the applicant. The Board may delegate the setting of the
time and date for public notice and hearing to the Administrative
Officer.
F.
Developer's agreement.
1.
The terms and conditions of the Developer's Agreement shall be applicable
to an identified property, described by block and lots located within
the Neptune Township Tax Map.
2.
The Developer, in accordance with the approved map and requirements
established by the Planning Board and/or Board of Adjustment of the
Township of Neptune, shall install site work improvements in accordance
with the specifications and ordinances of the Township of Neptune,
as amended to date. All work shall be approved by the Township engineer
as complying with the ordinances and other regulations and the requirements
of the Township.
3.
The Developer shall post with the Township performance guarantees
and fees. The guarantees and fees include Surety Guarantee, Cash Guarantee,
Estimated Engineering Fees and any other fees. The cash guarantee
shall represent 10% of the total performance guarantee. The cash guarantee
shall be the last amount of performance guarantee released by the
Township in order that the surety guarantee might be reduced and released
prior to the release of any cash guarantee required. The performance
guarantees and fees shall be posted and/or paid as provided by the
land use ordinance of the Township.
4.
The improvements contemplated in the Developer's Agreement shall
be performed within a period of two years from the date of the Agreement,
or such additional periods of time as may be granted by the Township
Planning Board and/or Board of Adjustment in accordance with N.J.S.A.
40:55D-52. In the event of an extension, the Township may periodically
review the amount of the performance guarantees with regard to their
sufficiency to insure faithful completion of remaining required improvements,
and if found insufficient, require the developer to increase the amount
of performance guarantees. The issuance of a certificate of occupancy
by the Township within the stated period shall not be deemed waiver
for defects in site work improvements ascertained during said period
or subsequent thereto. In the event the subdivision or any party thereof
if sold or otherwise conveyed by this developer prior to installation
of all improvements, this developer shall have the right to assign
both the performance guarantees and Developer's Agreement to a subsequent
developer who is determined by the Township in its sole discretion
to be qualified, with the requirement that the subsequent developer
assume the same, in writing, and in a form that is acceptable to the
Township Attorney. In the event the subsequent developer renders new
guarantees to the Township, they shall be reviewed by the Township
Attorney as to form and content prior to acceptance and release of
the developer's performance guarantees.
5.
The Developer agrees that prior to the release of the signed final
subdivision map or maps, it shall tender to the Township, by payment
to the Township Clerk, the required engineering inspection fees, if
not previously posted. The Township engineer shall keep records of
inspections and related reviews, and the costs thereof, and upon the
Developer's written request, said records shall be made available
for inspection by the Developer or its representative, not more than
quarterly, during the regular business hours of the Township Engineer.
6.
The developer shall also comply with the following terms and conditions
in connection with the final approval of the said plat or map:
(a)
All requirements of the ordinances of the Township;
(b)
All conditions and requirements of the approvals of the Township
Planning Board and/or Board of Adjustment and the Monmouth County
Planning Board, and the Developer shall pay all costs of improvements,
if any, as may be required by the said Monmouth County Planning Board,
including the posting of any bonds required by the said County of
Monmouth Planning Board.
7.
During the coarse of construction and until the time of final acceptance,
the developer shall have full responsibility for all roads and all
other improvements within the subdivision. The developer shall provide
and pay for all streetlighting and water hydrant service which any
applicable authority requires to be installed and maintained in the
subdivision, requires to be installed and maintained in the subdivision,
and provide and pay for all snowing and plowing, and salt until the
time of final acceptance. Final acceptance for purposes of this paragraph
is deemed to be the date upon which the sidewalks, curbing, streets
and streetlighting are accepted by the Township and the maintenance
guarantees for the same are posted with the Township. Acceptance shall
not occur until all performance bonds are released and all conditions
of the final released, including but not limited to the posting and
acceptance of maintenance guarantees, are satisfied. Said maintenance
guarantees shall be posted with the Township in accordance with State
and Township requirements. It is further agreed that in the event
the developer fails to pay for fees for streetlighting, water hydrant
service, or like terms or fails to provide required snow plowing,
sanding and salting or other repairs and/or maintenance, then, upon
10 days' written notice by the Township to the Developer, the Township
may withdraw from the cash portion of the performance guarantee such
funds as are necessary to reimburse the agency supplying such service,
and to continue to make such payments as necessary from said funds
in order to ensure continued water, utility and snow plowing services.
In addition, any amounts so expended from the cash portion of the
performance guarantee shall be replaced by the Developer, and until
such a time as the funds are replaced, the Township shall not be obligated
to perform any inspections or issue building permits or certificates
of occupancy for the property affected by the cash portion of the
performance guarantee.
8.
Model homes. The Developer may construct a sales area, limited to
one model home of each style and a parking area, with a portion of
a model home to be utilized as ended, it shall be converted to a dwelling
and conform to all governmental regulations. All required improvements
for that portion of the subdivision utilized as a sales area must
be completed by the Developer prior to or contemporaneously with completion
of the model area. Nothing within the Agreement shall be deemed to
waive or reduce the Developer's obligation to construct all improvements
in the location of the said sales area as well as in the entire subdivision
in accordance with the approved subdivision map prior to final acceptance
of said work and the release of the Developer's performance guarantees.
The sales office shall be permitted, if otherwise qualified, the issuance
of a temporary building permit and thereafter a temporary certificate
of occupancy, if necessary, for which the Developer shall request
extensions pursuant to the applicable Township ordinances.
9.
Model plans. In order to preserve the architectural and aesthetic
quality of the proposed subdivision, the Developer agrees that at
the time it submits an application for an initial building permit,
it will at the same time, submit detailed architectural plans for
all models (whether to be actually constructed as on-site model homes
or not) for homes which it intends to construct in the subdivision.
Thereafter, if the Developer, or its representatives, successors,
or assigns, desires to revise its plans for models or provide additional
models or plans for models for homes which it intends to construct
in the subdivision, it shall first submit revised or new detailed
architectural plans for review and approval by the Construction Code
Official. No revised or new plans shall be approved by the Construction
Code Official if the home or homes to be constructed under such a
plan would reduce by 10% or more, the square footage of the average
of model homes shown on any previously submitted and approved plan
or plans, or if the new plans would in any manner contravene the Zoning
Ordinance concerning uniformity of exterior design and appearance.
The Developer further agrees on behalf of itself, its representatives,
successors or assigns, that if any individual lot or lots are sold
as vacant land, such sale shall be subject to the requirements of
this paragraph and will be set forth as a restriction or condition
in the deed of conveyance.
10.
Sales and leasing signs. The size, number and location of sales
and leasing signs shall be addressed in the developer's agreement
and approved by the Township Committee.
11.
Certificates of occupancy shall be issued to one or more housing
units, in accordance with the ordinances and regulations of the Township
upon the completion and acceptance by the Township of all required
improvements that serve the specific housing unit group of housing
units for which a certificate of occupancy is sought.
12.
The Developer agrees to record the Developer's Agreement document
and to provide the Township with a duly recorded copy of it.
13.
If any terms or conditions of the within Agreement are deemed
invalid by a court of competent jurisdiction, the remainder shall
remain in full force and effect.
14.
Within the Developer's Agreement, the Developer will attach
a list setting forth the names and addresses of the individuals and/or
entities each having an interest of 10% or more in this development
and certify the correctness of that list. The Developer will provide
the Township with notice of any changes in this list, in writing,
within 30 days of the date of such occurrence. Such changes shall
be separately certified, and the Township reserves the right to revise
or rescind any or all terms of the within Agreement as the result
of any such changes.
15.
All notices required or permitted under the Developer's Agreement
shall be in writing by certified mail, return receipt requested, to
the addresses set forth or as otherwise designated by the parties
in writing.
G.
Board action on applications.
1.
The Board shall act upon the application after it has sufficiently
reviewed the application, that the Board professionals have adequately
reviewed the application, that the applicant has had sufficient opportunity
to present its request for development approval to the Board, and
that the concerns of other interested persons have been considered.
Final approval shall be granted if the detailed drawings, specifications,
plans, estimates, and other documentation of the application conform
to the standards established by this Chapter and any other applicable
ordinance for final approval and the conditions of preliminary approval.
2.
The Board shall grant, grant with conditions, or deny the application
for a final major subdivision or site plan within 45 days of the determination
of completeness or within such time as may be consented to by the
applicant.
3.
The Board shall not act upon an application until it has determined
that it is complete.
4.
The decision and resolution of the Board shall be in writing in accordance
with N.J.S.A. 40:55D-10g through i.
5.
The Board may condition approval on terms ensuring the applicant's
conformance to this Chapter and any other applicable ordinance and
shall condition approval on the approval of other agencies with development
review powers over the subdivision or site plan application.
6.
Whenever review or approval of an application for development by
the Monmouth County Planning Board is required pursuant to N.J.S.A.
40.27-6.3, the Board shall condition any approval upon the timely
receipt of favorable action on the application by the Monmouth County
Planning Board or approval by the Monmouth County Planning Board by
its failure to report thereon within the required time period.
7.
Failure of the Board to act within the time period prescribed shall
constitute approval, and a certificate of the Administrative Officer
as to the failure of the Board to act shall be issued on the request
of the applicant.
H.
Effect of approval.
1.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer, whether
conditionally or not, shall not be changed for a period of two years
after the date of final approval.
2.
If the developer has followed the standards prescribed for final
approval, the Board may extend such period of protection of rights
for extensions of one year but not to exceed three such extensions.
The granting of final approval terminates the time period of preliminary
approval for the section granted final approval.
3.
In the case of a subdivision or site plan for a planned unit development
of 50 acres or more; or a conventional subdivision or site plan of
150 acres or more; or of a nonresidential development of 200,000 square
feet or more, the Board may grant these rights for a period of time
longer than two years as shall be reasonable, taking into consideration:
4.
The applicant may petition the Board thereafter and the Board may
grant an extension of final approval for such additional time period
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 the final 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.
5.
Whenever the Board grants an extension of final approval pursuant
to this paragraph 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 applicant may apply for
the extension either before or after what would otherwise be the expiration
date.
6.
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 applicant proves to the reasonable
satisfaction of the Board that the applicant 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 applicant applied promptly for and diligently
pursued the required approvals. An applicant shall apply for the extension
before 1) what would otherwise be the expiration date of final approval,
or 2) the 91st day after the applicant receives the last legally required
approval from other governmental entities, whichever occurs later.
An extension granted pursuant to this paragraph shall not preclude
the Board from otherwise granting an extension pursuant to this section.
I.
Distribution. Upon the granting of site plan approval by the Board,
copies of the approved documents, including the resolution of approval,
shall be sent to:
[Ord. No. 00-40, 7-24-2000]
A.
Within the time period established by statute or by condition of the resolution of approval, the developer shall submit three prints for review for compliance with the conditions of approval to the Planning and Zoning Department. Once it has been determined that the plat meets the conditions of approval, the developer shall submit two Mylars and one plat in digital form for the permanent records of the municipality and any other instruments to be recorded with the Monmouth County Clerk's Office. The format of the digitized plat shall be as directed by the Municipal Engineer. The Municipal Engineer may waive the requirement for the submission of the digitized plat under special circumstances. No plat shall be signed by the Township Clerk, Board Chair, Board Secretary or Municipal Engineer without first complying with required guarantees for on- and off-tract improvements as set forth in Article X of this Chapter.
B.
Final approval of a major subdivision shall expire 95 days from the
date of signing the plat unless within such period the plat shall
have been duly filed by the developer with the county recording officer.
The Board of Jurisdiction may for good cause shown extend the period
for recording for an additional period not to exceed 190 days from
the date of the signing of the plat. The Board of Jurisdiction may
extend the ninety-five-day or 190-day period if the developer proves
to the reasonable satisfaction of the Board of Jurisdiction that:
1.
The developer was barred or prevented, either directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other government or quasi-governmental entities; and
2.
The developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Board of Jurisdiction. The developer may then apply for an
extension either before or after the original expiration date.
C.
No subdivision plat shall be accepted for filing by the county recording
officer until it has been approved by the Board of Jurisdiction as
indicated on the instrument by the signature of the Chairman or Chairwoman
and Secretary of the Board of Jurisdiction or a certificate issued
in lieu of action by the Board in accordance with N.J.S.A. 40:55D-47,
40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67 or 40:55D-76. If the County
Recording Officer records any plat without such approval, such recording
shall be deemed null and void, and upon request of the municipality,
the plat shall be expunged from the official records.
D.
It shall be the duty of the County Recording Officer to notify the
Planning Board in writing within seven days of the filing of any plat,
identifying such instrument by its title, date of filing, and official
number.
[Ord. No. 00-40, 7-24-2000]
Circulation Impact Studies, when required, shall conform to
the following provisions:
A.
When required. A circulation impact study shall be submitted for
all general development plans, preliminary major subdivisions and
preliminary major site plans.
B.
Submission format. Circulation impact studies shall consist of two
components, a planning report and a traffic impact report.
1.
Planning report. The planning report component of the circulation
impact study shall include the following:
(a)
An introduction indicating the applicant, the location of the
site in question, and a description of the site from a land use and
transportation perspective.
(b)
The extent to which any proposed street system meets requirements
for street hierarchy, right-of-way and cartway width, and sidewalks.
(c)
The extent to which the proposed circulation system conforms
to the Circulation Element of the Master Plan.
(d)
The extent to which internal circulation for vehicles, people
and the movement of goods is adequate.
(e)
The extent to which the safety of pedestrians, bicyclists and
the traveling public is protected.
(f)
The provisions made to provide connectivity to the street system,
pedestrian generators, and the local and regional greenway network.
2.
Traffic impact report. The traffic impact report component of the
circulation impact study shall include the following.
(a)
A description of the project phasing, access points, and connection
to other existing or proposed developments.
(b)
An analysis of existing conditions, including:
(i)
A description of the study area and the rationale behind choosing
this area;
(ii)
A description of the study area's roadway facilities,
including number of lanes, functional classification, condition, location
and type of traffic signals, and location of other traffic control
devices or signs;
(iii)
The location of transit routes and stops and
any transit facilities, including on-street, off-street, and private
facilities, and service frequency;
(iv)
The location of school bus routes and stops;
(v)
The location of pedestrian crosswalks, sidewalks, and bicycle
pathways;
(vi)
Traffic volume data including turning movement
counts at key intersections during the peak periods of the day, truck
movements, pedestrian counts, and transit use;
(vii)
Volume/capacity analysis and an assessment of
existing conditions.
(e)
Impact analysis and recommendations.
(i)
Levels of service shall be computed for each analysis year both
with and without the inclusion of site traffic;
(ii)
Comparison of levels of service conditions with
site traffic, and, with site traffic after recommended improvements
are constructed;
(iii)
Recommendations for automobile reduction techniques;
(iv)
Schematic plan of any recommended improvements.
[Added 6-14-2004 by Ord.
No. 04-23]
A.
An Environmental Impact Statement (EIS) is required as part of any
application for major development involving new buildings or any land
disturbance which requires approval of the Planning Board or the Board
of Adjustment. A major development is any development that provides
for ultimately disturbing one or more acres of land or increasing
impervious surface by 1/4 acre or more. Disturbance for the purpose
of this rule is the placement of impervious surface or exposure and/or
movement of soil or bedrock or clearing, cutting, or removing of vegetation.
Projects undertaken by any government agency which otherwise meet
the definition of "major development" but which do not require approval
under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also
considered major development.
[Amended 3-12-2007 by Ord. No. 07-11]
B.
Contents of EIS. The EIS shall discuss and analyze those factors
required for the particular project as provided in Paragraph C and
any other factors pertinent to the project. Where the information
is provided elsewhere in the application, it may be incorporated by
reference. The applicant may request a preapplication conference with
the Planning Board to discuss the scope and detail of the EIS, and
the Planning Board may seek the advice of the Environmental Commission
in determining said scope and detail. The EIS shall address each of
the items outlined below to the degree and extent it is pertinent
to the project. In preparing the EIS, the applicant may utilize resource
information available from the Township, including the Environmental
Resource Inventory Final version, dated 2003. Application requiring
an EIS may be rejected upon recommendation of the Environmental Commission
and by resolution of the Board for failure to furnish sufficient information
to enable the Board to make an adequate environmental appraisal.
C.
The EIS shall contain the following:
1.
Name and qualifications of the persons or firm preparing the
statement.
2.
An abstract or summary of the major points and conclusions of
the statement. Current and/or future property owner.
3.
Plan and description of proposed project: A project description,
complete with site plans, which shall specify the purpose of the proposed
project, including products and services, if any, being provided,
and the regional, municipal and neighborhood setting, including current
land use of the project site and properties within 500 feet of the
site.
4.
An inventory of existing conditions for the project site, the
surrounding area and other areas affected by the project. In the presentation,
attention should be given to the identification and description of
critical impact areas, including but not necessarily limited to streams
and stream corridors, swamps, marshes, steep slopes, highly erodible
soils, areas of high-water table, flood prone areas, aquifer recharge
areas, unique stands of native vegetation and important wildlife feeding
or breeding grounds. The inventory should include, but not necessarily
be limited to, an analysis of the following.
(a)
Soils and their properties to be mapped on Page 1 of the plat.
(b)
Topography.
(c)
Geology.
(d)
Groundwater hydrology.
(e)
Surface water.
(f)
The size of the subwatershed and the location of the site within
the subwatershed(s).
(g)
Vegetation, wildlife and aquatic species and communities.
(h)
Land use.
(i)
Air quality.
(j)
Water quality.
(k)
Ambient noise level.
(l)
Aesthetic features.
5.
A description of the services and/or natural resources to be
utilized by the project. The discussion should include, but not necessarily
be limited to, the following:
(a)
Wastewater Management. An estimate of the expected quantity
and type of wastewater from the proposed impact development. If disposal
is on-site, discuss the relation to topography, soils, wetlands and
underlying geology, including water table, aquifer recharge areas
and all wells within 500 feet of the disposal areas; include results
of percolation tests and soil logs required by ordinance. If disposal
is to an existing private facility or to a public facility, identification,
owner and location of the plant and location of the existing collection
point to which the proposed project would be connected. Documentary
evidence that the expected flows from the proposed facility will be
accepted and can be treated adequately by the private or public facility
must accompany the environmental impact statement.
The applicant should demonstrate compliance with all applicable
state, county and Township health regulations.
(b)
Water Supply. If the water is to be supplied from the site and
a flow of 100,000 gallons per day or less is required, an impact assessment
of water supply is required if the anticipated demand exceeds the
available safe yield of the aquifer contained within the property
limits indicated in the Township's resource inventory. In such case
the applicant must substantiate and explain the anticipated demand,
present proof that the aquifer contained within the property limits
can yield the desired amount of water, demonstrate that wells proposed
for installation will meet acceptable standards and assess the effect
of proposed withdrawals on existing and proposed wells and surface
water bodies within the geologic formation. If the plan includes 50
or more dwelling units, certification of the adequacy of the proposed
water supply and sewerage facilities must be obtained from the New
Jersey Department of Environmental Protection and must be included
in the EIS.
If the water is to be supplied from any existing private or
public facility, the identification, owner and location of the facility
and the location of existing distribution point to which the proposed
project would be connected shall be provided. The applicant will submit
documentary proof that the facility has the available excess capacity
in terms of its allowable diversion and equipment to supply the proposed
project and is willing to do so. The applicant must demonstrate to
the satisfaction of the Planning Board or Board of Adjustment that
the total consumption of groundwater from on-site and off-site sources
will not exceed the available safe yield of the aquifer contained
within the property limits.
(c)
Surface Drainage and Stormwater Management. Discussion of the stormwater management plan to be submitted in accordance with Section LDO-528 and compliance with the provisions of that section.
(d)
Stream Corridors. A description and map of any streams and immediate environs, steep banks, springs and wetlands and streamside vegetation located on the property, in accordance with the standards of this Chapter concerning stream corridors, and evidence of compliance with these standards. Include a map depicting the floodway and flood hazard area as reflected in flood hazard area delineation maps on file with the Township, along with evidence of compliance with Section LDO-419. The applicant shall supply copies of all resource information provided to the NJDEP Division of Water Quality in support of an application for any required Stream Encroachment Permit.
(e)
Solid Waste Disposal. Estimate the volume of solid wastes, by
type, including excess earth, expected to be generated from the proposed
project during construction and operation and describe plans for collection,
storage, transportation and disposal of these materials; identify
the location(s), type(s) and owner(s) of the facility (facilities)
which will receive such solid wastes; demonstrate compliance with
the requirements of the Statewide Mandatory Source Separation and
Recycling Act.
(f)
Air Quality. Describe each source, its location, the quantity
and nature of materials to be emitted from any furnace or other device
in which coal, fuel oil, gasoline, diesel fuel, kerosene, wood or
other these combustible material will be burned, or if any other source
of air pollutants, including automobiles attracted by the facility,
will be present on the site during or after construction. Evidence
of compliance with any applicable state and federal regulations shall
accompany the EIS. If a state or federal emission permit is required,
a copy of all resource data submitted with the application for the
permit shall also accompany the EIS.
(g)
Noise. A statement of anticipated effects on noise and vibration
levels, magnitude and characteristics related to on-site activities
and proposed method(s) of control. Background levels of noise throughout
the anticipated area affected must be determined. Any applicant for
industrial and commercial enterprises must show that after construction
and during normal operation the enterprise will not exceed the State
of New Jersey regulations controlling industries and commercial stationary
sources (N.J.A.C. 7:29-1.1 et seq.).
(h)
Traffic. Determine the present traffic volume and capacity of
the road(s) serving the project and the nearest major intersection;
calculate the traffic generated by the proposed project and any increase
in background levels during the course of the project's completion;
set forth projected volumes for roads and intersections upon completion
of the project, and compare the projected level of service (LOS) to
the existing LOS; and describe traffic control measures that will
be incorporated to mitigate the impact.
(i)
Community Impact. An analysis of the factors affecting the finances
of the Township, which shall include a comparison of the estimated
tax receipts and fiscal outlay for municipal services, estimated number
and types of jobs to be provided; calculation of the number of school-age
children to be produced; and any addition to existing municipal services
rendered by the project.
(j)
Visual Impact. Discuss how the natural or present character
of the area will be changed as a result of the proposed development,
and the steps taken to mitigate the impact.
(k)
Artificial Light. A statement of anticipated effects on light,
magnitude and characteristics related to on-site activities and proposed
methods of control, with particular attention to the control of sky
glow.
(l)
Critical and Environmentally Sensitive Area. Quantify and discuss
the impact on critical areas, including stream corridors, wetlands
and slopes greater than 15%; and environmentally sensitive areas,
including highly erodible soils, areas of high water table, mature
stands of native vegetation, aquifer recharge and discharge areas
and other environmentally sensitive features, areas, or conditions
not addressed elsewhere in the EIS. The analysis should include a
quantification of pre-development and post-development conditions
on the site.
(m)
Energy Conservation. A description of the site in terms of its
physical orientation to solar access and prevailing winds, addressing
the building and site design and arrangement in terms of energy efficient
principles and maximum utilization of renewable energy sources.
(n)
Environmental Protective Measures. The EIS shall contain a listing
of all environmental protective measures which will be used should
the proposed project be implemented. These are measures which will
avoid or minimize adverse effects on the natural and man-made environment
of the site and region during the construction and operation of the
facility.
(o)
Adverse Impacts which Cannot be Avoided. The EIS shall contain
a summary list, without discussion, of the potential adverse environmental
impacts which cannot be avoided should the proposed project be implemented.
Short-term impacts should be distinguished from irreversible impacts.
Any impacts on critical areas, which include but are not limited to
streams, floodways, wetlands, slopes of 15% or greater; and environmentally
sensitive areas, which include but are not limited to highly erodible
soils, areas of high water table, aquifer recharge areas and mature
stands of native vegetation, should specify the type of criteria involved
and the extent of similar areas which will not be affected.
(p)
Summary Environmental Assessment. The EIS shall contain a concise
summary of the environmental impact assessment for the proposed project.
This summary will evaluate the adverse and positive environmental
effect of the project should it be implemented and the public benefits
expected to derive from the project, if any.
(q)
Permits. List any permits required for this project from federal,
state, local, or other governmental agencies, including the name of
the issuing agency, whether the permit has been applied for, and if
so, the date of the application, whether the application was approved
or denied (include date) or is pending, and the number of the application
or permit.
(r)
A listing and assessment of the probable impact of the project
on the environment and community, including both adverse and beneficial
effects, based on the pertinent items enumerated under Paragraph C5(a)
through (q).
(s)
A thorough discussion of steps to be taken, during and after
construction, to minimize adverse impacts to the development site
and probable off-site impacts.
(t)
Alternatives to the proposed project that might avoid some or
all of the adverse impacts as described in Paragraph C5(r) with no
discussion.
D.
Planning Board/Board of Adjustment Review. In reviewing an EIS the
Planning Board/Board of Adjustment shall take into consideration the
effect of the proposed project upon all aspects of the environment,
including but not limited to sewage disposal, water quality, water
supply, preservation of trees and vegetation, the protection of watercourses,
protection of air resources, protection of aquifers, protection of
public lands and their uses and ecosystems and the avoidance of any
nuisance factors. The Planning Board/Board of Adjustment will submit
the EIS for review to the Environmental Commission and may submit
such statement to such other governmental bodies and to such consultants,
as it may deem appropriate. The Planning Board/Board of Adjustment
shall request that an advisory report shall be made to it by the governmental
body or consultant within 45 days of the submission of the EIS to
such governmental body or must consultant. The Planning Board/Board
of Adjustment shall reject the proposed project on an environmental
basis, if it can reasonably determine that the proposed project:
E.
Conditions. The steps to be taken to minimize the adverse environmental
impacts during construction and operation and the alternatives which
may be approved by the Planning Board shall constitute conditions
of the approval of the EIS, together with such other conditions as
the Planning Board/Board of Adjustment may impose. No certificate
of occupancy shall be issued until compliance shall have been made
with such conditions.
[Ord. No. 00-40, 7-24-2000; amended 11-28-2011 by Ord. No. 11-47]
The following table shall be included on the first sheet of
all plans submitted to the Planning Board or Zoning Board of Adjustment
for Site Plan, Minor Site Plan, Subdivision, Minor Subdivision or
Variance approval:
|
Zone District:
| |||
|---|---|---|---|
|
Required
|
Existing
|
Proposed
| |
|
Minimum lot area
| |||
|
Maximum density
| |||
|
Maximum FAR
| |||
|
Minimum lot width
| |||
|
Minimum lot frontage
| |||
|
Minimum lot depth
| |||
|
Minimum front yard setback
| |||
|
Minimum side yard setback
| |||
|
Minimum combined side yard setback
| |||
|
Minimum rear yard setback
| |||
|
Maximum percent building coverage
| |||
|
Maximum percent lot cover
| |||
|
Maximum number of stories
| |||
|
Maximum building height
| |||
|
Minimum improvable lot area
| |||
|
Minimum improvable area-diameter of circle (feet)
| |||
|
Off-street parking spaces
| |||
|
Loading spaces
| |||
|
Signs
| |||
|
Existing use or uses:
| |||
|
Proposed use or uses:
| |||
|
Existing floor area:
| |||
|
Proposed floor area:
| |||
|
NOTE: Any items that are not applicable to a particular application
shall be marked with an "N/A."
|
[Ord. No. 00-40, 7-24-2000; amended 6-14-2004 by Ord. No. 04-23; 11-28-2011 by Ord. No. 11-47]
Sixteen copies of completed and signed application form, containing
the following information:
B.
Plan Requirements. Prior to issuance of a Certificate of Completeness,
the Administrative Officer shall determine that the following items
have been shown on, or included with:
1.
General Requirements. The plans shall be signed and sealed by
an architect, professional engineer land surveyor and/or professional
planner licensed to practice in the State of New Jersey; provided
however, that the sanitary sewer water distribution and storm drainage
plans and water and sewage treatment facility plans may only be signed
and sealed by a professional engineer. In addition, the following
must be submitted.
(a)
Plan shall not be drawn at a scale smaller than one inch equals
50 feet nor larger than one inch equals 10 feet.
(b)
The plan shall be based on monumented, current certified boundary
survey, prepared in accordance with New Jersey Administrative Code
13:40-5.1, "Preparation of Land Surveys," dated September 1984, and
as amended. The date of the survey shall be shown on the plan.
2.
Title Block. The title block shall appear on all sheets in conformance
with N.J.S.A. 45:8-27 et seq. (Map Filing Law)[2] and include:
(a)
Title to read "Site Plan" or "Major Subdivision."
(b)
Name of development, if any;
(c)
Tax map sheet, block and lot number(s) of the site, as shown
on the latest Township Tax Map, the date of which shall also be shown;
(d)
Date of original and all revisions;
(e)
Name and addresses of owner and developer, so designated;
(f)
Name, signature, address and license number of the engineer,
architect, land surveyor or planner who prepared the plan, and their
embossed seal;
[2]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
3.
Zoning data table in accordance with Subsection LDO-812.01.
4.
The tops of the banks and boundaries of the floodways and flood
hazard areas of all existing water courses, where such have been delineated
or the limit of alluvial soils, where the boundaries of floodways
and flood hazard areas have not been determined, and/or such other
information as may assist the Planning Board or Zoning Board of Adjustment
in the determination of floodways and flood hazard area limits.
5.
North arrow and written and graphic scale.
6.
Paving and right of way widths of existing street within 200
feet of the site.
7.
The boundary, nature and extend of wooded areas, swamps, bogs
and ponds within the site and within 200 feet thereof and delineation
of all wetlands areas soils as required by the New Jersey Department
of Environmental Protection and the U.S. Army Corps of Engineers.
8.
Existing and proposed manholes, sewer lines, fire hydrants,
water lines, utility poles and all other topographic features of a
physical or engineering nature with the site and within 200 feet thereof.
9.
All existing structures on the site and within 200 feet thereof,
including their use, indicating those to be destroyed or removed and
those to remain.
10.
Location, use, finished grade level, ground coverage, first
floor and basement elevations, front, rear and side setback of all
buildings and other pertinent improvements.
11.
Existing and proposed public and private easement or rights-of-way
and the purposes thereof, including conservation easements.
12.
A grading plan showing existing and proposed grading contours
at one-foot intervals throughout the tract, except if slopes exceed
5%, a two-foot interval may be used, and if they exceed 10%, a five-foot
interval is permissible. Datum shall be United States Coast and Geodetic
Survey Datum (MSL=O) and source of datum and benchmarks shall be noted.
In addition to proposed grading contours, sufficient additional spot
elevations shall be drawn to clearly delineate proposed grading.
13.
On-Site Drainage Plan:
(a)
The drainage plan shall be presented in graphic
form which shall clearly show the street and site layout and those
terms which are pertinent to drainage, including existing and proposed
contours as previously required.
(b)
The plan shall outline each area contributing to
each inlet.
(c)
All proposed drainage shall be shown with pipe
type and size, invert and grade or rim elevations, grades and all
direction of flow. The direction of flow of all surface waters and
all streams shall be shown.
14.
Off-Site Drainage Plans. The plan shall also be accompanied
by an off-site drainage plan prepared in accordance with the following
standards:
(a)
The plan shall consist of an outline of the entire
drainage basin in which the site is located. The terminus of the basin
and existing ground contours or other basis for determining basin
limits shall be shown.
(b)
The pertinent off-site existing drainage shall
be shown with elevations of inverts and grates to the nearest one-tenth
of a foot.
(c)
To the extent that information is available and
maybe obtained from the County or Township Engineer, any existing
plans for drainage improvements shall be shown.
(d)
In the event a temporary drainage system is proposed,
full plans of that system shall be shown.
(e)
The off-site drainage plans shall be accompanied
by profiles of all proposed drainage, showing existing details pipe
sizes, type inverts, crowns, slopes all proposed structured and connections
and design hydraulic grade lines for all conduits designed to carry
40 or more cubic feet per second. Cross section at intervals not exceeding
100 feet shall be shown for all open channels.
15.
If required by the Township Engineer, centerline profiles of
street bordering the site, internal roadways, and major circulation
aisles showing existing and final grades and slopes, and pipe sizes,
type, invents and grate or rim elevations of drainage and sanitary
sewage facilities.
16.
Signature blocks and dates for Chairperson, Administrative Officer
and Board Engineer.
19.
Zone boundaries and the tax map sheet, lot and block numbers
and the names of owners of all properties within 200 feet of the site.
20.
A key map, at a scale of not less than one inch equals 1,000
feet, showing the location of the site with referenced to surrounding
areas, existing streets, the names of all such streets and any zone
boundary or municipal boundary which is within 200 of the site.
21.
The capacity of off street parking areas, and the location and
dimensions of all access drives, aisles and parking stalls. The location
and treatment of existing and proposed entrances and exists to the
public right-of-way, including the possible utilization of traffic
signals channelization, acceleration and deceleration lanes, additional
width and any other device necessary for traffic safety and/or convenience,
and the estimated average number of passenger vehicles, single unit
trucks or buses and semi-trailers that will enter the site each day.
22.
The location and size of proposed loading docks (if applicable).
23.
The location of curbs and sidewalks.
24.
Cross sections showing the composition of pavement areas, curbs
and sidewalks.
25.
Sign plan indicating measurements, content, dimensions and design.
26.
Proposed lot and block numbers as assigned by the Township Tax
Assessor.
27.
Exterior of lighting plan, including the location, direction
of illumination, amount of illumination expressed in horizontal foot
candles, wattage and drawn details of all outdoor lighting standards
and features.
29.
Landscaping and screening plan showing the location, type, spacing
and number of each type of tree or shrub and the location, type and
size, spacing and number of each type of ground cover to be utilized
and planting details for trees, shrub and/or ground cover.
31.
Drawn details of the type of screening to be utilize for refuse
storage areas, outdoor equipment and bulk storage area.
32.
Floor plans an building elevation drawings of any proposed structure
or structures or existing structures to be renovated.
33.
Location of facilities for the handicapped, including parking
spaces and ramps (where applicable), including construction details
for ramps for the handicapped.
34.
Sectionalization and staging plan. Developer of large uses such
as shopping centers, multifamily dwellings, industrial parks or other
uses proposed to be developed in stages shall submit a sectionalization
and staging plan showing the following:
35.
Written description of the proposed operations in sufficient
detail to indicate the effects of the use in producing traffic congestion,
noise, glare, air pollution fire hazards or safety hazards. The written
description shall also include the hours of operation of the use,
the number of shifts to be worked, the number of employees in each
shift, the number of vehicles to be stored or parking on the site
and provisions to be made for site maintenance.
36.
List of all Variances and Waivers required or requested.
37.
Posting the required application Fee and Escrow Fees as determined
by Board Secretary (or in accordance with fee schedule).
[Ord. No. 00-40, 7-24-2000; amended 6-14-2004 by Ord. No. 04-23; 11-28-2011 by Ord. No. 11-47]
Sixteen copies of completed and signed application form, containing
the following information:
B.
Plan Requirements. Prior to issuance of a Certificate of Completeness,
the Administrative Officer shall determine that the following items
have been shown on, or included with:
1.
General Requirements. The plan shall be signed and sealed by
an architect, professional engineer, land surveyor and/or professional
planner licensed to practice in the State of New Jersey; provided
however, that the sanitary sewer, water distribution and storm drainage
plans and water sewage treatment facility plans may only be signed
and sealed by a professional engineer. In addition, the following
must be submitted:
(a)
Plans shall not be drawn at a scale smaller than one inch equals
50 feet nor larger than one inch equals 10 feet.
(b)
The plan shall be based on a monumented, current certified boundary
survey, prepared in accordance with New Jersey Administrative Code
13:40-5.1, "Preparation of Land Surveys," dated September 1984, and
as amended. The date of the survey an the name of the person who made
the survey shall be shown on the plan.
2.
Title Block. The title block shall appear on all sheets in conformance
with N.J.S.A. 45:8-7 et seq. (Map Filing Law)[2] and include:
(a)
Title to read "Minor Site Plan" or "Minor Subdivision";
(b)
Name of the development, if any.
(c)
Tax map sheet, block and lot number(s) of the site, as shown
on latest Township Tax Map, the date of which shall also be shown.
(d)
Date of original and all revisions.
(e)
Names and addresses of owner and developer, so designated.
(f)
Name, signature, address and license number of the engineer,
architect land surveyor or planner who prepared the plan, and their
embossed seal.
(g)
If the plan contains more than one sheet, each sheet shall be
numbered and titled.
[2]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
3.
Zoning Data Table in accordance with Subsection LDO-812.01.
4.
The tops of the banks and boundaries of the floodways and flood
hazard areas of all existing water courses, where such have been delineated
or the limits of alluvial soils where the boundaries of floodways
and hazard areas have not been determined, and/or such other information
as may assist the Planning Board of Zoning Board of Adjustment in
the determination of floodway and flood hazard area limits.
5.
North arrows and written and graphic scale.
7.
The boundary, nature and extent of wooded areas, swamps, bogs
and ponds within the site and within 200 feet thereof and delineation
of all wetland soils as defined by the New Jersey Department of Environmental
Protection and the U.S. Army Corps of Engineers.
8.
Existing and proposed manholes, sewer lines, fire hydrants,
water line utility poles and all other topographic features of a physical
or engineering nature with the site and within 200 feet thereof.
10.
All existing structures on the site and within 200 feet thereof,
including their use, indicating those to be destroyed or removed and
those to remain.
11.
A copy of any existing or proposed covenants or deed restriction
applying to this project.
12.
Proposed lot and block numbers as assigned by the Neptune Tax
Assessor.
13.
A signage plan indicating type, size, location and method of
all illumination of all signs proposed.
14.
Existing and proposed public and private easements or right-of
way and the purposes thereof, including conservation easements.
15.
Sufficient grading information for the Planning Board Engineer
to review the proposed changes and impact of the project.
16.
Zone boundaries and the tax map sheet, lot and block numbers
and the names of owner of all properties within 200 feet of the site.
17.
A key map, at a scale of not less than one inch equals 1,000
feet, showing the location of the site with reference to surrounding
areas, existing street, the names of all such streets and any zone
boundary or municipal boundary which is within 200 feet of the site.
18.
The location and size of proposed and existing loading docks
(where applicable).
19.
The location of curbs and sidewalks.
20.
The location of any proposed exterior lighting.
21.
The location of any proposed landscaping and screening.
22.
Drawn details of the type of screening to be utilized for refuse
storage areas, outdoor equipment and bulk storage areas.
23.
Floor plans and building elevation drawings of any proposed
structure or structures, or existing structure to be removed.
24.
Location of facilities for the handicapped, including parking
spaces and ramps (where applicable).
25.
Signature blocks and dates for Chairperson, Administrative Officer
and Board Engineer.
[Ord. No. 00-40, 7-24-2000; amended 6-14-2004 by Ord. No. 04-23; 11-28-2011 by Ord. No. 11-47]
Sixteen copies of completed and signed application form, containing
the following information:
A.
Submission Documents. Prior to issuance of a Certificate of Completeness, the Administrative Officer shall determine that the documents listed in Section LDO-802B of this Chapter have been submitted.
B.
Plan Requirements. Prior to issuance of a Certificate of Completeness,
the Administrative Officer shall determine that the following items
have been shown on or included with:
1.
General Requirements. The plan shall be signed and sealed by
an architect, professional engineer, land surveyor and/or professional
planner licensed to practice in the State of New Jersey. In addition,
the following must be submitted:
(a)
Plan shall not be drawn at a scale smaller than one inch equals
50 feet nor larger than one inch equals 10 feet.
(b)
The plan shall be based on a monumented, current certified boundary
survey, prepared in accordance with New Jersey Administrative Code
13:40-5.1, "Preparation of Land Surveys," dated September 1984, and
as amended. The date of the survey an the name of the person who made
the survey shall be shown on the plan.
2.
Title Block: The title bloc shall appear on all sheets in conformance
with N.J.S.A. 45:8-7 et seq. (Map Filing Law)[1] and include:
(a)
Title to read "Use Variance."
(b)
Name of the development, if any
(c)
Tax map sheet, block and lot number(s) of the site, as shown
on latest Township Tax Map, the date of which shall also be shown.
(d)
Date of original and all revisions.
(e)
Names and addresses of owner and developer, so designated.
(f)
Name, signature, address and license number of the engineer,
architect land surveyor or planner who prepared the plan, and their
embossed seal.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
3.
Zoning Data Table in accordance with Section LDO-812.01.
4.
The tops of the banks and boundaries of the floodways and flood
hazard areas of all existing water courses, where such have been delineated
or the limits of alluvial soils where the boundaries of floodways
and hazard areas have not been determined, and/or such other information
as may assist the Planning Board of Zoning Board of Adjustment in
the determination of floodway and flood hazard area limits.
5.
North arrows and written and graphic scale.
7.
The boundary, nature and extent of wooded areas, swamps, bogs
and ponds within the site and within 200 feet thereof and delineation
of all wetland soils as defined by the New Jersey Department of Environmental
Protection and the U.S. Army Corps of Engineers.
8.
Signature blocks and dates for Chairperson, Administrative Officer
and Board Engineer.
9.
All existing structures on the site and within 200 feet thereof,
including their use, indicating those to be destroyed or removed and
those to remain.
10.
Existing and proposed public and private easements or right-of-way
and the proposes thereof, including conservation easements.
11.
Zone boundaries and the tax map sheet, lot and block numbers
and the names of owner of all properties within 200 feet of the site.
12.
A key map, at a scale of not less than one inch equals 1,000
feet, showing the location of the site with reference to surrounding
areas, existing street, the names of all such streets and any zone
boundary or municipal boundary which is within 200 feet of the site.
13.
The capacity of off-street parking areas, an the location and
dimensions of all access drives, aisles and parking stalls. The location
and treatment of existing and proposed entrances and exists to the
public right-of-way, including the possible utilization of traffic
signals channelization, acceleration and deceleration lanes, additional
width and any other device necessary for traffic safety and/or convenience,
and the estimated average number of passenger vehicles, single unit
trucks or buses and semi-trailers that will enter the site each day.
14.
Architectural drawings showing floor plans and building elevation
drawings of the new or proposed converted building changes proposed.
15.
The location and size of proposed and existing loading docks
(if applicable).
16.
The location of curbs and sidewalks.
17.
A signage plan indicating type, size, location and method of
all of illumination of all signs proposed.
18.
The location of any proposed landscaping and screening.
19.
A copy of the "Zoning Permit Denial from the Zoning Officer"
if applicable.
20.
Posting the required application fee and escrow fees, as determined
by Board Secretary (or in accordance with fee schedule).
21.
Any additional information that may be required at time of filing.
[Ord. No. 00-40, 7-24-2000; amended 11-28-2011 by Ord. No. 11-47]
Sixteen copies of completed and signed application form, containing
the following information:
A.
Submission Documents. Prior to issuance of a Certificate of Completeness,
the Administrative Officer shall determine that the following documents
have been submitted.
1.
Completed, signed and notarized variance application.
2.
Current survey of property drawn to scale, showing the block
and lot numbers of the property, dimension of lot, dimension of present
and proposed structure, and the location of all structures in relation
to all other structures and to the property lines must be shown.
3.
Copy of the "Zoning Permit Denial" from the Zoning Officer,
if applicable.
4.
Signed and sealed drawing of the proposed structure, detail
description of the proposed finished project.
5.
Recent photos of the structure as it exists, showing front,
sides and rear of the property.
6.
Posting the required application and escrow fees, as determined
by Board Secretary (or in accordance with fee schedule).
7.
Any additional information that may be required at time of filing.[1]
[1]
Editor's Note: Former Subsection LDO-812.06, Minor Subdivision Checklist, was repealed 11-28-2011 by Ord. No. 11-47. See now Subsection LDO-812.03.
