A.
Membership. The Planning Board shall have nine members consisting
of the following four classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the municipality other than
a member of the Borough Council to be appointed by the Mayor, preferably
the Zoning Officer.
(3)
Class III: a member of the Borough Council to be appointed by
the Council.
(4)
Class IV: six other citizens of the municipality to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office. A member of the Environmental Commission who is also a member
of the Planning Board as required by N.J.S.A. 40:55A-1 shall be a
Class IV Planning Board member.
B.
Terms. The term of the member composing Class I shall correspond
with his official tenure. The terms of the members composing Class
II and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first. The terms
of the Class IV members shall be for four years, except in the case
of the Class IV member who is also a member of the Environmental Commission,
whose term shall either terminate at the completion of his term as
a member of the Environmental Commission or shall be for three years,
whichever occurs first. All terms shall run from January 1 of the
year in which the appointment is made.
C.
Vacancies and removals. If a vacancy in any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term only. Any member other than a Class
I member, after a public hearing if he requests it, may be removed
by the Borough Council for cause.
D.
Organization of Board. The Planning Board shall elect a Chairman
and Vice Chairman from the members of Class IV and select a Secretary
who may be either a member of the Planning Board or a municipal employee
designated by it.
E.
Alternate members. The Mayor may appoint up to two alternate members
of the Planning Board. The alternates shall meet the qualifications
for Class IV members. Alternate members shall be designated by the
Mayor at the time of their appointment as "Alternate No. 1" and "Alternate
No. 2." The terms of the alternate members shall be for two years
each and shall be such that the term of not more than one alternate
member shall expire in any given year provided that no alternate member
shall be appointed for a term exceeding two years. A vacancy occurring
otherwise than by expiration of term shall be filled by the Mayor
for the unexpired term only. Alternate members may participate in
discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member of any class. A vote shall
not be delayed in order that a regular member may vote instead of
an alternate member. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1 shall vote.
F.
Conflict of interest. No regular or alternate member shall be permitted
to act on any matter in which he has either directly or indirectly
any personal or financial interest. Whenever any member shall disqualify
himself from acting on a particular matter, he shall not continue
to sit with the Board on the hearing of such matters nor participate
in any discussion or decision relating thereto.
G.
Planning Board Attorney. There is hereby created the Office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Borough Attorney.
H.
Experts and staff. The Planning Board may also employ or contract
for the services of experts and such other staff and services as it
may deem necessary. The Board shall not, however, exceed, exclusive
of gifts or grants, the amount appropriated by the Borough Council
for its use.
I.
Powers and duties generally. The Planning Board shall annually adopt
by-laws governing its procedural operations. It shall also have the
following powers and duties:
(1)
To make and adopt and from time to time amend a Master Plan
to guide the use of land within the Borough in accordance with the
provisions of N.J.S.A. 40:55D-28.
(2)
To administer the site plan and subdivision review provisions
of this chapter in accordance with the provisions of this chapter
and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
(3)
To participate in the preparation and review of programs or
plans required of the Planning Board by state or federal law or regulations.
(4)
To assemble data on a continuing basis as part of a continuous
planning process.
(5)
Upon request, to assist the Borough Council in preparation of
a program of municipal capital improvement projects and amendments
thereto.
(6)
To consider and make a report to the Borough Council within
35 days after referrals as to any proposed development regulation
submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a),
and also pass upon other matters specifically referred to the Planning
Board by the Mayor and Borough Council, pursuant to the provisions
of N.J.S.A. 40:55D-26(b).
(7)
To review applications for approval of conditional uses.
(8)
To perform such other advisory duties as are assigned to it
by ordinance or resolution of the Borough Council for the aid and
assistance of the Borough Council or other municipal agencies or officers.
J.
Additional powers. The Planning Board, without the participation
of the Class I and Class III members, shall constitute the Zoning
Board of Adjustment and be subject to the same restrictions and statutory
powers of same. These statutory powers include the powers to:
(1)
Direct, pursuant to N.J.S.A. 40:55D-34, the issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
(2)
Direct, pursuant to N.J.S.A. 40:55D-36, the issuance of a permit
for a building or structure not related to a street meeting the requirements
of N.J.S.A. 40:55D-35.
(3)
Hear and decide appeals where it is alleged by the appellant
that there is error in any order, required decision or refusal made
by a Borough officer or agency based on or made in the enforcement
of this chapter. The Board may reverse or affirm, wholly or in part,
or may modify the action, order, requirement, decision, interpretation
or determination appealed from and to that end have all the powers
of the Borough officer from whom the appeal is taken.
(4)
Hear and decide requests for interpretation of the Zoning Map
or of this chapter or for decisions upon other special questions upon
which the Board is authorized to pass.
(5)
When the strict application of any zoning regulation would result
in peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon the developer of such property, the Board
may grant a variance from such strict application of such regulation
so as to relieve such difficulties or hardship when one of the following
reasons exists:
(a)
Exceptional narrowness, shallowness, or shape of a specific
piece of property; or
(b)
Exceptional topographic conditions or physical features uniquely
affecting a specific piece of property; or
(c)
An extraordinary and exceptional situation uniquely affecting
a specific piece of property or the structures lawfully existing thereon;
or
(d)
The purposes of the Municipal Land Use Law (N.J.S.A. 40:55D-2) would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, provided, however, that no variance from those departures enumerated in § 145-601J(6) hereinbelow shall be granted under this subsection. Economic reasons can not be considered for the purpose of granting a variance.
(6)
Variance for special reasons.
(a)
In particular cases and for special reasons, grant a variance
to allow departure from the zoning regulations to permit:
[1]
A use or principal structure in a district restricted against
such use or principal structure.
[2]
An expansion of a nonconforming use.
[3]
Deviation from a specification or standard pertaining solely
to a conditional use.
[4]
An increase in the permitted floor area ratio.
[5]
An increase in the permitted density except as applied to the
required lot area for a lot(s) for detached one- or two-dwelling-unit
buildings which lot(s) is either an isolated, undersized lot(s) or
a lot(s) resulting from a minor subdivision.
[6]
A height of a principal structure that exceeds by 10 feet or
10% the maximum height permitted in the district for a principal structure.
(b)
A variance under this subsection shall be granted only by affirmative
vote of at least five members. No variance or other relief may be
granted under the terms of this section unless such variance or other
relief can be granted without substantial detriment to the public
good and will not substantially impair the intent and purpose of the
Zoning Map and the Land Use and Development Ordinance.
(7)
If an application for development requests one or more variances, but not a variance for a purpose enumerated in § 145-601J(6), herein, the decision on the requested variance or variances shall be rendered under § 145-601J(5) of this chapter.
(a)
An application under this section may be referred to any appropriate
person or agency for its report provided that such reference shall
not extend the period of time within which the Board shall act.
(b)
Whenever relief is requested pursuant to this section, notice of
a hearing on the application for development shall include reference
to the request for the variance or direction for the issuance of a
permit, as the case may be.
(c)
The developer may elect to submit a separate application requesting approval of the variance or direction for the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction for the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zoning Map and Land Use and Development Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided by law for the approval in question and the special vote required for a variance pursuant to N.J.S.A. 40:55D-70d [§ 145-601J(6) herein] shall not be required.
K.
All Class IV members of the Planning Board shall be required to receive
six continuing education units [C.E.U.] (1 C.E.U. = one hour of training)
upon reappointment to the Planning Board, C.E.U.s shall be earned
in the topics of planning, zoning, or ethics and shall be accomplished
within 48 months of reappointment.
[Added 3-12-2015 by Ord.
No. 2015-02]
A.
Meetings.
(1)
Meetings of the Planning Board shall be scheduled no less than
once a month and any meeting so scheduled shall be held as scheduled
unless canceled for lack of applications for development to process.
(2)
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meetings shall be
held on notice to the members and the public in accordance with all
applicable legal requirements.
(3)
No action shall be taken at any meeting without a quorum being
present, said quorum to be the majority of the full authorized membership
of the Board. All actions shall be by majority vote of the members
of the municipal agency present at the meeting except as otherwise
required in N.J.S.A. 40:55D-17, 40:55D-26, 40:55D-32, 40:55D-34, 40:55D-62,
40:55D-63 and 40:55D-70.
(4)
All actions shall be taken by majority vote of the members of
the Board present at the meeting except as otherwise required by this
chapter or by a provision of N.J.S.A. 40:55D-1 et seq. A member of
the Board who was absent for one or more of the meetings at which
a hearing was held shall be eligible to vote on a matter upon which
the hearing was conducted, notwithstanding his absence therefrom,
provided that such Board member has available to him the transcript
or recording of all of the hearing from which he was absent, and certifies
in writing to the Board that he has read such transcript or listened
to such recording.
(5)
All regular meetings and all special meetings shall be open
to the public, except as provided in the Open Public Meeting Law,
c. 231, Laws of New Jersey, 1975.[1] Notice of all such meetings shall be given in accordance
with the requirements of the Open Public Meeting Law, c. 231, Laws
of New Jersey, 1975.
[1]
Editor's Note: N.J.S.A. 10:4-6 et seq.
(6)
For the purposes of this article, the administrative officer
designated herein shall be the Secretary of the Planning Board.
B.
Public hearings.
(1)
The Planning Board shall hold a hearing on each application
for development. The Board shall make rules governing such hearings.
(2)
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least 10 days
before the date of the hearing during normal business hours in the
office of the administrative officer. The applicant may produce any
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
(3)
The officer presiding at the hearing, or such person as he may
designate, shall have the power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(4)
The testimony of all witnesses relating to an application for
development shall be taken under oath or affirmation by the presiding
officer, or such other person as he may designate, and the right of
cross-examination shall be permitted to all interested parties through
their attorneys, if represented, or directly, if not represented,
subject to the discretion of the presiding officer and reasonable
limitations as to time and number of witnesses.
(5)
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
C.
Public notice of a hearing.
(1)
Public notice of a hearing shall be given for the following
applications for development:
(a)
Any request for a variance.
(b)
Any request for conditional use approval.
(c)
Any request for issuance of a permit to build within the bed
of a mapped street or public drainageway or on a lot not abutting
a street.
(d)
Any request for site plan and/or subdivision approval involving
one or more of the aforesaid elements.
(e)
Any request for preliminary approval of a major subdivision
and/or major site plan.
(f)
Any request for approval of a planned development.
(g)
Any requests of a certificate of nonconformity or appeal of
same from the Zoning Officer.
(2)
The Administrative Officer shall notify the applicant at least
two weeks prior to the public hearing at which the application will
be discussed. Notice of a hearing requiring public notice shall be
given by the applicant at least 10 days prior to the date of the hearing
in the following manner:
(a)
By publication in the official newspaper of the Borough.
(b)
By notification by personal service or certified mail to the
entities listed below. The applicant shall file an affidavit of proof
that the required notification was given, with the municipal agency
at, or prior to, the hearing. It is not required that a return receipt
is obtained. Notice shall be deemed complete upon mailing to (N.J.S.A.
40:55D-14):
[1]
All owners of real property as shown on the current tax duplicate,
located in the state and within 200 feet in all directions of the
property which is the subject of the hearing; provided that this requirement
shall be deemed satisfied by notice to the condominium association,
in the case of any unit owner whose unit has a unit above or below
it; or the horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it.
[a]
Notice to a partnership owner may be made by service
upon any partner.
[b]
Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
[c]
Notice to a condominium association, horizontal
property regime, community trust or homeowner's association, because
of its ownership of common elements or areas located within 200 feet
of the property which is the subject of the hearing, may be made in
the same manner as to a corporation without further notice to unit
owners, co-owners, or homeowners on account of such common element
or areas.
[2]
The clerk of any adjoining municipality or municipalities when
the property involved is within 200 feet of said adjoining municipality
or municipalities.
[3]
The Hunterdon County Planning Board when the application for
development involves property adjacent to an existing county road,
proposed road as shown on the County Official Map or County Master
Plan, adjoining other county land or situated within 200 feet of a
municipal boundary.
[4]
The Commissioner of Transportation of the State of New Jersey
when the property abuts a state highway.
[5]
The State Planning Commission when the hearing involves an application
for the development of property which exceeds 150 acres or 500 dwelling
units, in which case the notice shall include a copy of any maps or
documents required to be filed with the Borough.
[6]
Any public utility, cable television company or local utility
which possesses a right-of-way or easement within the municipality
and which has registered with the municipality pursuant to N.J.S.A.
40:55D-12.1, by service upon the person named on the registration
form at the address shown on the registration form.
(3)
Upon the written request of an applicant, the Borough Tax Assessor
shall, within seven days, make and certify a list from current tax
duplicates of names and addresses of owners and registered public
utilities and cable television companies within the Borough to whom
the applicant is required to give notice. The applicant shall be charged
$0.25 per name or $10, whichever is greater, for said list and shall
be entitled to rely upon the information contained in such list, and
failure to give notice to any lot owner or public utility or cable
television company not on the list shall not invalidate any hearing
or proceeding. Additionally, the applicant shall be responsible for
giving proper notice to all property owners within 200 feet of the
property, which is the subject of the hearing, who do not reside within
the Borough.
(4)
The notice shall state the date, time and place of the hearings
and the nature of the matters to be discussed, and an identification
of the property proposed for development by street address, if any,
and by reference to lot and block numbers as shown on the current
tax duplicate in the Borough Tax Assessor's office, and the location
and times at which any maps or documents for which approval is sought
are available for inspection.
D.
Records.
(1)
Minutes of every regular or special meeting shall be kept and
shall include the names and addresses of the persons appearing and
addressing the Board and any persons appearing by attorney, the action
taken by the Board, the findings, if any, made by it and the reasons
therefor. The minutes shall thereafter be made available, after approval
by the Board, for public inspection during the normal business hours
at the office of the administrative officer. Any interested party
shall have the right to compel production of the minutes for use as
evidence in any legal proceedings concerning the subject matter of
such minutes. Such interested party shall be charged a reasonable
fee for the reproduction of the minutes as specified by ordinance
or statute.
(2)
A verbatim recording shall be made of every hearing. The recording
of the proceedings shall be made either by stenographer, mechanical
or electrical means. The municipality shall furnish a transcript or
duplicate recording in lieu thereof on request to any interested party
at its expense, provided that the charge for a transcript shall not
exceed the maximum amount permitted in N.J.S.A. 2A:11-15[2] and as specified by ordinance. Each transcript shall be
certified in writing by the transcriber to be accurate.
[2]
Editor's Note: N.J.S.A. 2A:11-11 to 2A:11-17 were repealed
by L. 1991, c. 119, § 4, effective 4-25-1991.
E.
Decisions.
(1)
Each decision on any application for development shall be reduced
to writing by the Board and shall including findings of facts and
conclusions based thereon.
(2)
The Board shall provide the findings and conclusions through:
(b)
A memorializing resolution adopted at a meeting held no later
than 45 days after the date of the meeting at which the Board voted
to grant or deny approval. Only the members of the Board who voted
for the action taken may vote on the memorializing resolution, and
the vote of a majority of such members present at the meeting at which
the resolution is presented for adoption shall be sufficient to adopt
the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting
from the failure of a motion to approve an application) shall be memorialized
by resolution as provided above, with those members voting against
the motion for approval being the members eligible to vote on the
memorializing resolution.
(3)
The vote on any memorializing resolution shall be deemed to
be a memorialization of the action of the Board and not to be an action
of the Board; however, the date of the adoption of the resolution
shall constitute the date of the decision for purposes of the required
mailings, filings and publications.
(4)
If the Board fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Board to reduce
its findings and conclusions to writing within a stated time and the
cost of the application, including attorney fees, shall be assessed
against the municipality.
F.
Notice of decisions. Any decision of the Board when acting upon an
application for development shall be given notice in the following
manner:
(1)
A copy of the decision shall be mailed by the appropriate Borough
authority within 10 days of the date of decision to the applicant
or appellant, or, if represented, then to his attorney, without separate
charge. A copy of the decision shall also be mailed within 10 days
to any interested party who has requested it and who has paid the
fee prescribed by the Borough for such service.
(2)
The administrative officer shall cause a brief notice of every
decision of the Board to be published in the official newspaper of
High Bridge Borough, the cost of such publication to be charged to
the applicant's escrow account. Such notice shall be sent to the official
newspaper within 10 days of the date of the decision.
(3)
A copy of the decision shall be filed in the office of the administrative
officer, who shall make a copy of such filed decision available to
any interested party upon payment of a fee calculated in the same
manner as that established for copies of other public documents in
the Borough.
G.
Appeals.
(1)
Appeals to the Board pursuant to N.J.S.A. 40:55D-70a [§ 145-601J(3) of this chapter] may be taken by any interested party affected by any decision of a Borough officer based on or made in the enforcement of this chapter or the Official Map, if there is one. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed was taken.
(2)
A developer may file an application for development with the
Board for action under any of its powers without prior application
to a Borough officer.
(3)
An appeal to the Board under this section shall stay all proceedings
in furtherance of the action with respect to which the decision appealed
was made unless the officer from whose action the appeal is taken
certifies to the Board, after the notice of appeal shall have been
filed with him, that by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court upon notice to the officer from whom the appeal
is taken and on due cause shown.
B.
Site plan review. No zoning permit or construction permit shall be issued for any new structure or for an alteration or addition to an existing structure until the site plan has been reviewed and approved by the Planning Board in accordance with this article (§§ 145-605 and 145-606) except that:
[Amended 7-21-2022 by Ord. No. 2022-025]
(1)
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval, except that the use of any existing or proposed principal or accessory building for a professional office (other than a home occupation) shall require minor site plan approval prior to the issuance of a construction permit or certificate of occupancy. The foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other ordinances or articles in this chapter (Chapter 145).
(2)
Barns, sheds and silos erected for agricultural purposes shall
require minor site plan approval.
C.
Variances and other relief.
(1)
All appeals, applications for variance relief, applications for a certificate of nonconformity, or applications for direction of the issuance of a permit not involving any related site plan, subdivision or conditional use approval shall be filed at least 14 days prior to the regular meeting of the Board. The filing shall include 15 copies of any maps and related material; 15 completed copies of the appropriate application form(s), which includes the checklist for variances included in § 145-608 of this chapter and the fee(s) in accordance with Article VII of this chapter.
(2)
The Board shall render its decision not later than 120 days after a complete application is submitted for a variance or an appeal is taken from the decision of a Borough officer. Failure of the Board to render a decision within the required time period, or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant. In the event that the developer elects to submit separate consecutive applications for the variance and for any required subdivision and/or site plan approval(s), the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval for subdivision or site plan shall be as otherwise provided in §§ 145-605B(4), 145-606B(4) and 145-606B(5).
(3)
Variances shall expire if the applicant has failed to exercise
his rights under the variance approval within two years of the date
of the Board's decision to grant the variance. Exercising rights shall
mean either applying for a construction permit or applying for such
subsequent site plan or subdivision approval as may be required prior
to the applicant's obtaining a construction permit. The applicant
must obtain a zoning permit following approval of the variance in
order to proceed with the project. For variances that become the subject
of litigation, the two-year period shall commence on the date of the
last reviewing court's decision to grant the variance.
(4)
For good cause shown, and after a hearing before the Board on
notice in the manner required for original variance applications,
the Board may extend the variance by resolution. Any extension may
not exceed one year in duration and no more than four such extensions
shall be permitted. To receive consideration, an application for extension
of a variance shall be made prior to the expiration of the time limit
sought to be extended.
D.
Informal review.
(1)
At the request of an applicant, the Board shall grant one informal
review of a concept plan for a development for which the applicant
intends to prepare and submit an application for development. This
includes Borough residents who intend to submit or need clarification
on an application for a site plan or variance approval.
(2)
The applicant shall not be required to submit any fees for such an informal review in accordance with fees per § 145-701; however, no professional review(s) will be undertaken unless the applicant agrees to pay for said review(s).
(3)
The applicant shall not be bound by any concept plan for which
review is requested, and the Board shall not be bound by any such
review.
(4)
An applicant desiring to have a concept plan informally reviewed
by the Board shall so notify the Administrative Officer at least 14
days prior to the regular meeting of the Board. The administrative
officer shall thereafter notify the applicant of the time and place
that has been scheduled by the Board for the informal review.
A.
General provisions. The impact on the environment generated by land
development projects necessitates a comprehensive analysis of the
variety of problems that may result and the actions that can be taken
to minimize the problems. It is further recognized that the level
of detail required for various types of applications will vary depending
on the size of the proposal, the nature of the site, the location
of the project and the information already in the possession of the
Borough. The applicant may request a preapplication conference with
the Planning Board to discuss the scope and detail of the environmental
impact statement (EIS), and the Planning Board may seek the advice
of the Environmental Commission in determining said scope and detail.
Therefore, having determined that some flexibility is needed in preparing
the EIS, the requirements for such a document pertaining to different
types of development applications are listed below:
(1)
All agricultural operations conducted in accordance with a plan
approved by the Soil Conservation District and all agriculture operations
conducted in accordance with a plan prepared by a professional forester
are specifically exempt from the environment impact statement requirements.
(2)
Any application for minor subdivision approval and or minor
site plan approval shall not require an EIS unless specifically requested
by the Board. However, a brief written description of the project,
an inventory listing of all existing natural resources on the site,
and a statement verifying that either no significant resources exist
on the site or no impacts would be expected, shall be provided.
(3)
All preliminary major subdivision applications and all preliminary
major site plan applications shall be accompanied by an EIS unless
specifically waived by the Board.
(4)
An EIS is required for all public and quasi-public projects
unless they are exempt from the requirements of local law or by supervening
county, state or federal law.
(5)
EIS scope guidelines. The table below indicates the specific
sections of the EIS that should be emphasized depending on the intensity
of the development. This is a guideline only. Other sections may be
needed depending upon the unique characteristics of the project.
|
Residential
| |||||
|---|---|---|---|---|---|
|
Subsection "B" Reference
|
EIS Item
|
1 or 2 Lots and Minor Site Plans
|
3 to 9 Lots
|
10 or More Lots and Major Site Plans
|
Non- resident- ial
|
|
(1)
|
Project description
|
X
|
X
|
X
|
X
|
|
(2)
|
Site description and inventory
|
X
|
X
|
X
|
X
|
|
(3)(a)
|
Soils
|
X
|
X
|
X
|
X
|
|
(3)(a) and (3)(c)
|
Surface water quality
|
X
|
X
|
X
| |
|
(3)(b)
|
Floodplains
|
X
|
X
|
X
| |
|
(3)(g)
|
Vegetation destruction
|
X
|
X
|
X
|
X
|
|
(3)(h)
|
Wildlife habitats
|
X
|
X
|
X
|
X
|
|
(3)(f)
|
Solid waste disposal
|
X
|
X
| ||
|
(3)(e)
|
Wastewater management
|
X
|
X
|
X
|
X
|
|
(3)(d)
|
Groundwater
|
X
|
X
|
X
| |
|
(3)(m)
|
Water supply
|
X
|
X
|
X
|
X
|
|
(3)(j)
|
Air quality
|
X
|
X
| ||
|
(3)(k)
|
Noise
|
X
|
X
|
X
| |
|
(3)(n)
|
Traffic
|
X
|
X
| ||
|
(3)(p)
|
Socioeconomic
|
X
|
X
| ||
|
(3)(i)
|
Scenic or historic features
|
X
|
X
|
X
| |
|
(3)(o)
|
Lighting
|
X
|
X
| ||
|
(3)(l)
|
Energy conservation
|
X
|
X
| ||
|
(3)(q)
|
Environmental pollution
|
X
|
X
|
X
|
X
|
|
(3)(r)
|
Cumulative impacts
|
X
|
X
|
X
| |
|
(4)
|
Alternatives analysis
|
X
|
X
|
X
| |
|
(5)
|
Mitigation measures
|
X
|
X
|
X
|
X
|
|
(6)
|
Licenses, permits and other approvals
|
X
|
X
|
X
|
X
|
|
(7)
|
Documentation
|
X
|
X
|
X
|
X
|
|
(8)
|
EIS summary
|
X
|
X
|
X
|
X
|
(6)
Waiver. The Planning Board, at its sole discretion, may waive
the requirement for an EIS, in whole or in part, upon receipt of a
written request, if sufficient evidence is submitted to support a
conclusion that the proposed project will have a negligible environmental
impact or that a complete EIS, in accordance with the guidelines above,
need not be prepared in order to evaluate adequately the environmental
impact of a project.
B.
Submission format. When an EIS is required, the applicant shall retain
one or more competent professionals to perform the necessary work.
The professional(s) who prepares the EIS shall have an academic and
experiential background in ecology or related, natural-resource field
of study or demonstrated expertise in a particular area of impact
assessment, based on their specific contribution to the EIS. The qualifications
and background of the preparer(s) shall be provided, and the method
of investigation shall be described. The Planning Board reserves the
right to accept or reject the qualifications of any professional presented
to them. All applicable material on file in the Borough pertinent
to evaluation of regional impacts shall be considered including the
Borough's Master Plan and Natural Resources Inventory. Furthermore,
as much original research as necessary shall be conducted to develop
the EIS. Where the information is provided elsewhere in the application,
it may be incorporated by reference. The EIS shall consist of written
and graphic materials as appropriate to clearly present the required
information utilizing the following format:
(1)
Project description. Plan and description of proposed project
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 and zoning of the project site and properties within 500
feet of the site (200 feet for one-to-nine-lot subdivisions and minor
site plans).
(2)
Site description and inventory. Provide a description and mapping
of environmental conditions on the site, which shall include the following
items:
(a)
Existing development features. Describe any existing features
on the site that are not considered to be part of the natural environment.
This may include, but not necessarily be limited to, roads, driveway
accesses, housing units, accessory structures, utility lines, etc.
(b)
Types of soils. List and describe each soil type on the site
and provide a copy of the SCS soils map. If applicable, provide percolation
test and soil log data. Where the proposed area of land disturbance
will involve soils with moderate or severe limitations relative to
the type of project proposed, include a complete mapping of all soil
types where the moderate and severe limitations exist.
(c)
Topography. Describe the topographic conditions on the site
and provide a mapping of areas with steep slopes in the ranges of
8% to 15%, 15% to 25% and greater than 25%.
(d)
Geology. Describe the geologic formation and features associated
with the site as well as depth to bedrock. Delineate those areas where
bedrock is within two feet of the surface as well as major rock outcroppings.
(e)
Vegetation. Describe the existing vegetation on the site. A
map shall be prepared showing the locations of major vegetative communities
such as woodlands, open fields and wetlands. Where woodlands are delineated,
the forest types shall be indicated. The location, species and diameter
at 4 1/2 feet above the ground of all isolated trees eight inches
or greater and understory trees (e.g., dogwoods) four inches or more
in diameter are to be shown on the same map. If any documentation
indicates the potential presence of endangered or threatened plant
species on the site, then the applicant must retain the appropriate
botany expert as required by NJDEP to conduct a detailed site survey
for the species in question using standard techniques during the appropriate
time of year.
(f)
Wildlife. Identify and describe any habitats of endangered or
threatened species, critical habitat, or any wildlife habitat that
is rare or important in the region located on or within 200 feet of
the site. Include a copy of a letter from the New Jersey Endangered
and Nongame Species Program indicating the potential presence or absence
of endangered or threatened species within the study area. Also include
the characteristics of the site and adjacent area as mapped in the
Landscape Project (Endangered and Nongame Species Program, 1999).
If such documentation indicates the potential presence of endangered
or threatened species on the site or adjacent area, then the applicant
must retain the appropriate wildlife expert as required by NJDEP to
conduct a detailed site survey for the species in question using standard
techniques during the appropriate time of year.
(g)
Subsurface water. Describe the subsurface water conditions on
the site both in terms of depth to groundwater and water supply capabilities.
The location, depth, capacity and water quality of all existing water
wells on the site and within 500 feet of the site (200 feet for minor
subdivisions and site plans, if required) shall be indicated. Identify
any aquifer recharge areas on or within 500 feet of the site.
(h)
Distinctive scenic and/or historic features. Describe those
portions of the site that can be considered to have distinctive scenic
and/or historic qualities.
(i)
Surface waters. A description of any streams and immediate environs,
steep banks, springs and wetlands and streamside vegetation located
on the property, including a map depicting the floodway and flood
hazard area as reflected on flood hazard area delineation maps on
file with the Borough or as mapped by the NJDEP. The applicant shall
supply copies of all resource information provided to the NJDEP Land
Use Regulation Program in support of an application for any required
stream encroachment permit (N.J.A.C. 7:13 et seq.) or wetlands permits
(N.J.A.C. 7:7A et seq.).
(j)
Air quality and noise. When warranted, an analysis should be
conducted of existing air quality and noise levels as prescribed by
the NJDEP.
(k)
Environmental pollution. The results of a Phase I investigation,
and a Phase II, if warranted, shall be provided.
(3)
Impacts. Discuss both the adverse and positive impacts, as well as direct and indirect impacts, during (short term) and after construction (long term) on the resources identified on the site or vicinity in Subsection B(2) above. The discussion should demonstrate compliance with the design standards in Article VIII and the environmental performance standards in § 145-311. Indicate those impacts that are unavoidable or result in public benefits. The specific concerns that shall be considered include, but are not limited to, the following and shall be accompanied by specific quantitative measurements where necessary and possible:
(a)
Soil erosion and sedimentation resulting from surface runoff.
The amount of land disturbance, runoff patterns, phasing of the development,
and other project factors that may promote soil erosion shall be discussed.
The effect of soil limitations on the project and vice versa shall
be described.
(b)
Flooding and disruption to the functioning of the floodplain.
(c)
Degradation of surface water quality. Include a description
of direct and indirect impacts to streams and wetlands, including
the functions of transition areas. Any ways in which the project may
affect the base flow of streams or groundwater discharge to wetlands
within the region of impact within the geologic formation should also
be discussed.
(d)
Groundwater pollution. The potential impact to groundwater quality
from on-site septic systems, if proposed, should be analyzed quantitatively
in relation to lot size. The potential for contamination of on-site
or off-site wells due to on-site septic systems or other project features
and the relationship to aquifer recharge areas should be discussed.
(e)
Wastewater management. An estimate of the expected quantity
and type of wastewater expected from the proposed development. If
any flow is expected, discuss:
[1]
The relation to topography, soils and underlying geology, including
water table, aquifer recharge areas and all wells within 500 feet
(or 200 feet for minor subdivisions and site plans) of the disposal
area, if disposal is on site. Include the results and significance
of percolation tests and soil logs required by ordinance.
[2]
If disposal is to an existing private facility or to a public
facility, identify the owner and location of the plant and location
of existing collection point to which the proposed project would be
connected. Documentary evidence that the expected flows from the proposed
project will be accepted and can be treated adequately by the private
or public facility must accompany the EIS.
[3]
Compliance with all applicable state, county, and township heath
regulations.
(f)
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. If the facility is a landfill,
submit proof that it is registered with the Division of Environmental
Quality, New Jersey Department of Environmental Protection, and is
operated in compliance with the New Jersey Sanitary Code.
(g)
Vegetation destruction. Quantify the amount of each vegetation
community that will be disturbed or destroyed and describe how the
proposed project will affect the communities on the site and adjacent
area. Identify any individual trees, especially specimen trees, that
will be removed. Describe the potential impact of the project on any
rare plants, rare communities, or invasive species.
(h)
Disruption of important wildlife habitat. Describe how alteration
of the vegetation communities will affect the usage of the site and/or
surrounding area by wildlife. Describe the direct and indirect impacts
to all wildlife, including endangered or threatened species.
(i)
Destruction or degradation of scenic and historic features.
Discuss how the natural or present character of areas will be changed
as a result of the proposed project.
(j)
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 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.
(k)
Noise levels. State the anticipated effects on noise and vibration
levels, magnitude and characteristics related to on-site activities.
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
noise from industries and commercial stationary sources (N.J.A.C.
7:29-1.1 et seq.)
(l)
Energy conservation. Describe the site in terms of its physical
orientation to the sun and prevailing winds, addressing the building
and site design and arrangement in terms of energy-efficient principles
and maximum utilization of renewable energy sources. Describe any
features of the project that are expected to require significant amounts
of energy to sustain (e.g., manufacturing).
(m)
Water supply.
[1]
If the water supply 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. 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. If the plan includes 50 or more dwelling units, certification
of the adequacy of the proposed water supply and the sewerage facilities
must be obtained from the New Jersey Department of Environmental Protection
and must be included in the EIS.
[2]
If the water is to be supplied from the site and the total project
demand for water is in excess of 100,000 gallons per day, the applicant
must obtain a diversion permit from the New Jersey Department of Environmental
Protection. The applicant must assess the effect of proposed withdrawals
on existing and proposed wells and surface water bodies within the
area of influence in the geological formation. The applicant must
supply copies of all resources information provided to the appropriate
state water agency in support of his application for a diversion grant.
In addition, if the anticipated demand exceeds the available safe
yield, the applicant must explain the anticipated demand and demonstrate
to the satisfaction of the Planning Board that the aquifer contained
within the property limits can yield the desired amount of water.
[3]
If the water is to be supplied from any existing private facility
or the Borough's water supply system, 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 must 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 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 or the aquifer supplying the project.
(n)
Traffic. Determine the present traffic volume and capacity of
the road(s) serving the project and the nearest major intersection
and set forth projected volumes for the same upon completion of the
project. The impact of construction equipment traveling roads within
the neighborhood and the need for any detours during construction
should also be addressed.
(o)
Lighting. A statement of anticipated effects on light, magnitude
and characteristics related to on-site activities and proposed method(s)
of control, with particular attention to the control of sky glow.
(p)
Socioeconomic. A community impact assessment shall be included
which will provide an analysis of the factors affecting the finances
of the Borough. It shall include the estimated changes in 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.
[1]
The information furnished in the community impact assessment
shall serve to influence the design of the proposed development so
that the provision of necessary municipal facilities can be anticipated
and coordinated with the construction of the proposed development.
The manner in which the project design has been affected and the need
for new municipal facilities or coordination with same shall be discussed.
The community impact assessment shall be prepared in accordance with
the methodologies and standards set forth in the most recent edition
of "The New Practitioner's Guide to Fiscal Impact Analysis," Robert
W. Burchell, David Listokin, William R. Dolphin, published by the
Rutgers Center for Urban Policy Research. The Planning Board must
approve of the methodology before the applicant performs the analysis.
[2]
Population impact. The applicant shall provide an analysis of
the number of people expected to be added to the municipal population
as a result of the proposed development within the following age cohorts:
preschool-aged children (zero years to four years of age), school-aged
children (five years to 18 years of age), parents of family-bearing
age (18 years to 40 years of age), middle-aged adults (41 years to
62 years of age) and senior citizens (over 62 years of age).
[3]
School impact. The applicant shall provide an analysis of the
anticipated number of pupils who will be added to the student population
in the Borough, the ability of the existing public school facilities
to absorb the expected student population during a ten-year time period,
and the expected cost of any required building additions and increased
teaching staff which may be necessary as a result of the proposed
number of pupils who will be added to the student population. The
applicant may provide this analysis by either of the following means:
[a]
The applicant may submit an analysis prepared by
the Borough Superintendent of Schools or Board of Education; or
[b]
The applicant may submit an analysis prepared for
the applicant by competent professionals. The applicant shall provide
proof that a copy of the analysis has been served on the Borough Superintendent
of Schools with the following notice: "The Planning Board requests
that the Superintendent of Schools or the Board of Education provide
written comments on this analysis within 30 days after service. The
Superintendent and the Board are also invited to attend the hearings
on this application and give testimony on the impact of the application
on the school system."
[4]
Financial impact. The applicant shall provide an analysis of
the revenues expected to be generated from the development compared
to the anticipated costs which the proposed development is expected
to generate. Revenues and costs shall be shown for the Borough, the
Borough school system and the county. The applicant shall also discuss
the costs of changes in Borough infrastructure such as new roads and
utilities, necessitated by the proposed development and include the
need for and cost to the Borough and developer for off-tract improvements.
(q)
Environmental pollution. The need for remedial action, special
construction techniques or precautions, and any influence the contaminated
area had on the design or features of the project shall be discussed.
(r)
Cumulative impacts. The EIS should discuss the possibility of
short-term or long-term adverse effects upon any adjacent properties.
Where the remaining portion of the original tract is sufficient to
be subdivided or further developed, the EIS must include a map of
the entire portion of the tract showing a feasible plan whereby the
currently proposed subdivision or development, together with any potential
subsequent subdivision(s) or development(s), will not lead to any
additional adverse effects to either the site or adjacent properties.
(4)
Alternatives analysis. Other potential alternatives to the proposed
project shall be discussed. The analysis should demonstrate that the
proposed project results in reasonable use of the site, or meets the
project objective, with the least environmental impacts. The analysis
should include the no-build alternative and at least one other alternative
with less intensive use of the site and one with more intensive usage.
The discussion only needs to address those impacts from the alternatives
that differ appreciably from the proposed project at a level of detail
sufficient to clearly show why the proposed project is the best for
the site.
(5)
Environmental mitigation measures. Describe what measures will
be employed during the planning, construction and operation phases
that will minimize or eliminate adverse impacts that could result
from the proposed project. The mitigation measures may be discussed
along with the impact assessment, if desired. Of specific interest
are:
(a)
Soil erosion and sedimentation control plans.
(b)
Stormwater management plan, including any innovative methods
proposed.
(c)
Wastewater disposal techniques.
(d)
Water conservation measures.
(e)
Energy conservation measures.
(f)
Buffers and open space.
(g)
Landscaping plan, restoration plans and/or preservation of existing
vegetation.
(h)
Aesthetic or historically compatible treatments.
(i)
Noise reduction techniques.
(j)
Measures to compensate for socioeconomic impacts.
(k)
Any other techniques that may be innovative or unique to the
project and result in a decrease in the extent of the potential impact(s)
from the project.
(l)
Unavoidable impacts. The EIS shall contain a summary 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 to sensitive
areas, such as streams, floodplains, wetlands, slopes of 15% or greater,
highly acid or highly erodible soils, areas of high water table, aquifer
recharge areas and mature stands of native vegetation, should specify
the type of impact involved and the extent of similar areas on the
site and adjacent properties which will not be affected.
(6)
Licenses, permits and other approvals required by law. The applicant
shall list all known licenses, permits and other forms of approval
required by law for the development and operation of the proposed
project. The list shall include approvals required by the Borough,
as well as agencies of the county, state and federal governments.
Where approvals have been granted, copies of said approvals shall
be attached. When approvals are pending, a note shall be made to that
effect.
(7)
Documentation. All publications, file reports, manuscripts or
other written sources of information which were first consulted and
employed in compilation of the EIS shall be listed. A list of all
agencies and individuals from whom all pertinent information was obtained
orally or by letter shall be listed separately. Dates and locations
of all meetings shall be specified.
(8)
EIS summary. 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 effects of the
project should it be implemented and the public benefits expected
to derive from the project, if any.
C.
Disposition by the Board.
(1)
In reviewing an EIS, the Planning Board shall take into consideration
the effect of the proposed project upon all aspects of the environment,
including natural resources; man-made resources, such as wastewater
disposal and water supply systems; public benefits; and the avoidance
of any nuisance factors. The Planning Board will submit the EIS for
review to the Borough Environmental Commission and may submit the
EIS to such other governmental bodies or Borough consultants for review,
as it may deem appropriate. The Planning Board shall request that
an advisory report be submitted to the Board by the governmental body
or consultant(s) within 45 days of the submission of the EIS to the
governmental body or consultant(s). The Planning Board shall reject
the proposed project on an environmental basis, if it can reasonably
determine that the proposed project:
(2)
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 may impose. No certificate of occupancy shall be
issued until compliance with such conditions has been verified.
A.
Procedure for submitting minor subdivision plats and minor site plans.
(1)
The applicant shall submit to the administrative officer at least 14 days prior to the regular meeting of the Board 20 copies of the minor plat or plan, 20 copies of the appropriate application(s), which includes the checklist(s) included in § 145-608 of this chapter and the fee(s) in accordance with Article VII of this chapter. The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.
(2)
All plans and plats filed with the Borough for review and approval pursuant to this article shall contain or be accompanied by the information required by the checklists called for in § 145-608 of this article. At the time the final subdivision plat or plan is submitted for signature by the municipal officials, the applicant shall submit a CAD-generated data file, prepared by a New Jersey-licensed land surveyor, directly translatable into an identical image of the map. The file shall be submitted on a standard three-and-one-half-inch floppy disk or standard compact disk in accordance with the following requirements:
(b)
The file must be drawn at its real New Jersey Plane Coordinate
System NAD83 (or the most current State-Plane coordinate system) position,
and the view must be unrotated so that the NJPCS North points orthographically
up (vertical) in the screen.
(c)
The information required in the data file(s) shall be as follows:
[1]
All required information submitted on the final plat shall appear
on separate layers of the drawing, including text.
[2]
Site description information shall include the following as
deemed applicable by the Planning Board:
[a]
State-approved wetlands and transition areas;
[b]
Ponds, lakes;
[c]
Vegetated areas;
[d]
Endangered species habitat and critical habitat;
[e]
Steep slopes;
[f]
Floodplains;
[g]
Conservation easements and open space;
[h]
Streams and stream corridors; and
[i]
Distinctive scenic and/or historic features.
(d)
All dimensions of the exterior boundaries of any subdivision
shall be balanced and closed to a precision of 1:5,000 and the dimensions
of all lot lines to within 1:10,000. At least one corner of the subdivision
shall be tied horizontally to the New Jersey State Plane Coordinate
System NAD83, with the data on the plat as to how the bearings were
determined.
B.
Action by the Borough.
(1)
Upon receipt of an application by the Board Secretary, the application
shall be assigned a docket number, which shall appear on all subsequent
papers filed in the case. The Board, a subcommittee of the Board,
the Board's professionals, or a designee or designees of the Board
shall determine completeness of the application in accordance with
the Land Use Ordinance. The Board, a subcommittee of the Board, the
Board's professionals, or a designee or designees of the Board shall
review the aforesaid application for the purpose of determining, within
45 days of its submission, whether said application is complete, or
whether any waivers should be granted from the checklist requirements.
Thereafter:
[Amended 3-17-2022 by Ord. No. 2022-004]
(a)
If said application is found to contain all of the information
required herein, the Board, a subcommittee of the Board, the Board's
professionals, or a designee or designees of the Board shall certify
that said application is complete, and the Board Secretary shall so
notify the applicant, and the application will be determined to be
complete as of the day it was so certified by the Secretary for purposes
of commencement of the time period within which the Board must act
upon an application.
(b)
If said application is found to lack some of the information
required herein, the Board, a subcommittee of the Board, the Board's
professionals, or a designee or designees of the Board shall either:
[1]
Cause the applicant to be notified, in writing, that said application
is incomplete, specifying the deficiencies in the application; or
[2]
If the Board, a subcommittee of the Board, the Board's professionals,
or a designee or designees of the Board reasonably conclude that the
missing items of information are not necessary for it to make an informed
decision on the application, said Board, a subcommittee of the Board,
the Board's professionals, or a designee or designees of the Board
may waive the requirement that said items be supplied as a prerequisite
for completeness and certify that the application is complete notwithstanding
the missing items.
(c)
An applicant who has been notified that his application is incomplete
may request waiver of one or more of the submission requirements set
forth herein, and said request shall be granted or denied by the Board,
a subcommittee of the Board, the Board's professionals, or a designee
or designees of the Board within 45 days.
(d)
In the event the Board, a subcommittee of the Board, the Board's
professionals, or a designee or designees of the Board fail to act
within 45 days of the date of submission of the application, said
application shall be deemed complete as of the 46th day following
its submission.
(2)
On the date the aforesaid application is certified complete,
or on the 46th day following the submission of the application, in
the event the Board, a subcommittee of the Board, the Board's professionals,
or a designee or designees of the Board fail to make a determination
of completeness, as the case may be, the applicable time period within
which the Board must act upon the application shall commence. In any
case, the applicant is obliged to prove that he or she is entitled
to approval of the application. The Board, a subcommittee of the Board,
the Board's professionals, or a designee or designees of the Board
may subsequently require correction of any information found to be
in error, may require submission of additional information not specified
herein, and/or may require such revisions in the application documents
as are reasonably necessary to make an informed decision as to whether
the requirements for approval of the application have been met, provided
that the application shall not be deemed incomplete for lack of any
such additional information or revisions.
[Amended 3-17-2022 by Ord. No. 2022-004]
(3)
Promptly after certification of completeness, the application
documents shall be distributed by the administrative officer to the
following:
(a)
The Planning Board members: nine copies.
(b)
Hunterdon County Planning Board: three copies.
(c)
Planning Board Attorney: one copy.
(d)
Borough Engineer: one copy.
(e)
Borough Environmental Commission: one copy.
(f)
Zoning Officer (if not on Board): one copy.
(g)
Construction Official: one copy.
(h)
Borough files: three copies.
(i)
At the direction of the Board, additional copies of the minor
plat or plan shall be sent by the applicant to such other Borough,
county or state agencies or Borough consultants as may be designated
by the Board.
(4)
The Board shall take action on minor subdivision and minor site
plan applications within 45 days after the application has been certified
complete by the Board or within such further time as may be consented
to by the applicant. Failure of the Board to act within the prescribed
time period shall constitute approval of the application; provided
that any minor subdivision or minor site plan application which includes
any requested variance relief shall be acted upon within 120 days
or within such further time as may be consented to by the applicant.
(5)
Any designated Subdivision Committee or Site Plan Committee,
as the case may be, shall read any written report submitted concerning
the application and shall itself review the submission to ascertain
its conformity with the requirements of this chapter. The Subdivision
Committee or Site Plan Committee, as the case may be, shall offer
its recommendations to the Board.
(6)
Any proposed application for development determined by the Board
to be creating, imposing, aggravating or leading to the possibility
of an adverse effect upon either the property in question or upon
any adjacent properties, may be required to be revised to remove any
adverse effect(s) prior to further review or approval by the Board,
or, where the remaining portion of the original tract is sufficient
to be subdivided or developed further, the applicant may be required
to submit a sketch of the entire remaining portion of the tract to
indicate a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any adverse
effect.
(7)
When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Borough Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). The final plat must be submitted in accordance with the requirements at § 145-605A(2) herein. No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward to the applicant a copy of the approval resolution, adopted in accordance with § 145-602E of this chapter, within 10 days of the adoption by the Board.
(8)
When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward to the applicant a copy of the disapproval resolution, adopted in accordance with § 145-602E of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.
(9)
Within 190 days from the date on which the resolution of approval
of a minor subdivision is adopted by the Board, a plat map drawn in
compliance with the Map Filing Act, P.L. 190, c. 141 (N.J.S.A. 46:23-9.9
et seq.)[1] or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or Acting Chairman or Secretary where either or both may be absent), shall be filed by the applicant with the County Recording Officer. All plats requiring final approval or deeds requiring approval shall be submitted in a timely fashion following approval to the appropriate Borough officer [see § 145-605B(12) below]. Unless filed within said 190 days, the minor subdivision approval shall expire and will require Board approval as in the first instance, except that the Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the applicant applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
[1]
Editor's Note: N.J.S.A. 46:23-9.7 to 46:23-9.16 were repealed
by L. 2011, c. 217, § 2, effective 5-1-2012. See now N.J.S.A.
46:26B-1 et seq.
(10)
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision or minor site
plan approval was granted, shall not be changed for a period of two
years after the date on which the resolution of minor subdivision
or minor site plan approval is adopted by the Board, provided that
the approved minor subdivision shall have been duly recorded.
(11)
The Board shall grant an extension of this two-year period for
a period determined by the Board but not exceeding one year from what
would otherwise be the expiration date, if the 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 approvals. A applicant shall apply for
this extension before what would otherwise be the expiration date,
or the 91st day after the date on which the applicant receives the
last of the legally required approvals from the other governmental
entities, whichever occurs later.
(12)
Before the Secretary of the Board returns any approved minor
subdivision plat or minor site plan to the applicant, the applicant
must meet all conditions of approval, if any. The applicant shall
provide such additional copies of the plat or plan as may be necessary
in order to furnish copies to each of the following:
(a)
Borough Engineer - (in the case of subdivisions only) a map
of the plat drawn to the Tax Map scale and CAD-generated data file,
as directed by the Borough Engineer;
(b)
Zoning Officer;
(c)
Borough Tax Assessor;
(d)
Borough Board of Health;
(e)
Municipal Clerk;
(f)
Construction Official; and
(g)
Such other Borough, county or state agencies and officials as
directed by the Board.
(h)
If the applicant is confirming a minor subdivision by recording
the deed(s), a copy of the recorded deed(s) shall be furnished to
the Municipal Clerk.
A.
Procedure for submitting preliminary major subdivision plats and preliminary major site plans. The applicant shall submit to the administrative officer at least 14 days prior to the regular meeting of the Board: 22 copies of the preliminary plat or preliminary plan that contain or are accompanied by the information required by the corresponding checklist; 22 completed copies of the appropriate application form(s), including the checklist; 22 copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; and the fee(s) in accordance with Article VII of this chapter. The Checklist for Preliminary Major Subdivision Plats and Preliminary Major Site Plans is provided in § 145-608 of this chapter. If the application requires both subdivision and site plan approvals, then the applications must be submitted to the Board simultaneously. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all pages, maps, plats or plans and other documents submitted for processing in conjunction with the application.
B.
Action by the Borough.
(1)
Upon receipt of an application by the Board Secretary, the application
shall be assigned a docket number, which shall appear on all subsequent
papers filed in the case. The Board, a subcommittee of the Board,
the Board's professionals, or a designee or designees of the Board
shall determine completeness of the application in accordance with
the Land Use Ordinance. The Board, a subcommittee of the Board, the
Board's professionals, or a designee or designees of the Board shall
review the major subdivision or major site plan application for the
purpose of determining, within 45 days of its submission, whether
said application is complete, or whether any waivers should be granted
from the checklist requirements. Thereafter:
[Amended 3-17-2022 by Ord. No. 2022-004]
(a)
If said application is found to contain all of the information
required herein, the Board, a subcommittee of the Board, the Board's
professionals, or a designee or designees of the Board shall certify
that said application is complete, and the Board Secretary shall so
notify the applicant, and the application will be determined to be
complete as of the day it was so certified by the Secretary for purposes
of commencement of the time period within which the Board must act
upon an application.
(b)
If said application is found to lack some of the information
required herein, the Board, a subcommittee of the Board, the Board's
professionals, or a designee or designees of the Board shall either:
[1]
Cause the applicant to be notified, in writing, that said application
is incomplete, specifying the deficiencies in the application; or
[2]
If the Board, a subcommittee of the Board, the Board's professionals,
or a designee or designees of the Board reasonably conclude that the
missing items of information are not necessary for it to make an informed
decision on the application, said Board, a subcommittee of the Board,
the Board's professionals, or a designee or designees of the Board
may waive the requirement that said items be supplied as a prerequisite
for completeness and certify that the application is complete notwithstanding
the missing items.
(c)
An applicant who has been notified that his application is incomplete
may request waiver of one or more of the submission requirements set
forth herein and said request shall be granted or denied by the Board,
a subcommittee of the Board, the Board's professionals, or a designee
or designees of the Board within 45 days.
(d)
In the event the Board, a subcommittee of the Board, the Board's
professionals, or a designee or designees of the Board fail to act
within 45 days of the date of submission of the application, said
application shall be deemed complete as the 46th day following its
submission.
(2)
On the date the aforesaid application is certified complete,
or on the 46th day following the submission of the application, in
the event the Board, a subcommittee of the Board, the Board's professionals,
or a designee or designees of the Board fail to make a determination
of completeness, as the case may be, the applicable time period within
which the Board must act upon the application shall commence. In any
case, the applicant is obliged to prove that he or she is entitled
to approval of the application. The Board, a subcommittee of the Board,
the Board's professionals, or a designee or designees of the Board
may subsequently require correction of any information found to be
in error, may require submission of additional information not specified
in this chapter, and/or may require such revisions in the application
documents as are reasonably necessary to make an informed decision
as to whether the requirements for approval of the application have
been met, provided that the application shall not be deemed incomplete
for lack of any such additional information or revisions.
[Amended 3-17-2022 by Ord. No. 2022-004]
(3)
Promptly after certification of completeness, the application
documents shall be distributed by the administrative officer to the
following:
(a)
Planning Board members: nine copies.
(b)
Hunterdon County Planning Board: three copies.
(c)
Planning Board Attorney: one copy.
(d)
Borough Engineer: one copy.
(e)
Borough Planner: one copy.
(f)
Borough Environmental Commission: one copy.
(g)
Zoning Officer (if not on the Board): one copy.
(h)
Construction Official: one copy.
(i)
Borough Environmental Consultant: one copy.
(j)
Borough files: three copies.
(k)
At the direction of the Board, additional copies of the preliminary
plat or plan shall be sent by the applicant to such other Borough,
county or state agencies or Borough consultants as may be designated
by the Board.
(4)
The Board shall take action on a preliminary major site plan
application involving 10 acres of land or less and 10 dwelling units
or less and/or a preliminary major subdivision application involving
10 lots or less within 45 days after the application has been certified
complete or within such further time as may be consented to by the
applicant. Failure of the Board to act within the prescribed time
period shall constitute approval of the application; provided that
any preliminary major site plan or preliminary major subdivision application
which includes any requested variance relief shall be acted upon within
120 days or within such further time as may be consented to by the
applicant.
(5)
The Board shall take action on a preliminary major site plan
application involving more than 10 acres of land or more than 10 dwellings
and/or a preliminary major subdivision applicant involving more than
10 lots within 95 days after the application has been certified complete
or within further time as may be consented to by the applicant. Failure
of the Board to act within the prescribed time period shall constitute
approval of the application; provided that any preliminary major site
plan or preliminary major subdivision application which includes any
requested variance relief shall be acted upon within 120 days or within
such further time as may be consented to by the applicant.
(6)
Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties shall be required to be revised to mitigate any adverse effect(s) prior to further review or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant shall be required to submit a sketch of the entire portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), that may be submitted that will not create, impose, aggravate or lead to any such adverse effect. Such information shall be included and discussed in the environmental impact statement (see § 145-604).
(7)
All hearings held on applications for preliminary major subdivision approval and preliminary major site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing in accordance with § 145-602C of this chapter.
(8)
The recommendations of those agencies and officials to whom
the preliminary plat or plan was forwarded shall be given careful
consideration in the final decision on the development application.
If the County Planning Board or the Borough Engineer approves the
preliminary submission, such approval shall be noted on the plat or
plan. If the Board acts favorably on the preliminary plat or plan,
the Borough Engineer and the Chairman and Secretary of the Board (or
the acting Chairman or Secretary, where either or both may be absent)
shall affix their signatures to at least 10 copies of the plat or
plan with the notification that it has been approved. The applicant
shall furnish such copies to the Board.
(9)
Should minor revisions or additions to the plat or plan be deemed
necessary, the Board may grant preliminary approval subject to specified
conditions and receipt of revised plans within 30 days from the date
of said approval. Should substantial revisions be deemed necessary,
the Board shall require that an amended plat or plan be submitted
and acted upon as in the case of the original application. If the
preliminary approval included a section or staging plan and such plan
is subsequently changed, the applicant must submit the revised plan
to the Borough Engineer who may approve the change or direct the applicant
to return to the Planning Board for reapproval.
(10)
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 145-602E of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.
C.
Effect of preliminary approval. Preliminary approval shall confer
upon the applicant specific rights and extensions of the approval
under certain conditions as described in the Municipal Land Use Law,
N.J.S.A. 40:55D-49. When the applicant wishes to start site disturbance
pursuant to an approved preliminary subdivision or site plan, the
applicant shall apply to the Borough Engineer to request an affirmation
that all of the conditions of the preliminary approval have been satisfied,
and the plan may be signed. No such work may be undertaken until the
plan or plat has been signed and any other required permits have been
obtained.
A.
Procedure for submitting final plats and final plans.
(1)
A final plat or final plan shall be submitted to the administrative officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the administrative officer at least 14 days prior to the regular meeting of the Board: 22 copies of the final major subdivision plat or final major site plan; 22 copies of the appropriate application(s), which includes the checklist included in § 145-608 of this chapter[1]; and the application fee pursuant to Article VII of this chapter.
[1]
Editor's Note: See Subsection D of the checklists, which are included as an attachment to this chapter.
(2)
All plans and plats filed with the Borough for review and approval
pursuant to this article shall contain or be accompanied by the information
required by the checklist. At the time the final plat is submitted
for signature by the municipal officials, the applicant shall submit
a CAD-generated data file, prepared by a New Jersey-licensed land
surveyor, directly translatable into an identical image of the final
plat. The file shall be submitted on a standard three-and-one-half-inch
floppy disk or standard compact disk in accordance with the following
requirements:
(b)
The file must be drawn at its real New Jersey Plane Coordinate
System NAD83 (or the most current State-Plane coordinate system) position,
and the view must be unrotated so that the NJPCS North points orthographically
up (vertical) in the screen. The drawing shall identify, at a minimum,
three monument markers distributed around the corners of the tract.
These monument markers shall be identified in US Survey Feet.
(c)
The information required in the data file shall be as follows:
[1]
All required information submitted on the final plat shall appear
on separate layers of the drawing, including text.
[2]
Site description information shown on the preliminary plat and/or
site plan, environmental impact statement, and any data given by the
applicant after the initial plans are submitted. This data shall include,
but not be limited to, the following information as deemed applicable
by the Planning Board:
[a]
State-approved wetlands and transition areas;
[b]
Ponds, lakes;
[c]
Vegetated areas;
[d]
Endangered species habitat and critical habitat;
[e]
Steep slopes;
[f]
Floodplains;
[g]
Conservation easements and open space;
[h]
Streams and stream corridors; and
[i]
Distinctive scenic and/or historic features.
(d)
All dimensions of the exterior boundaries of any subdivision
shall be balanced and closed to a precision of 1:5,000 and the dimensions
of all lot lines to within 1:10,000. All dimensions, angles and bearings
must be tied to at least two permanent monuments not less than 300
feet apart, and all information shall be indicated on the plat. At
least one corner of the subdivision shall be tied horizontally to
the New Jersey State Grid Coordinate System and vertically to the
U.S. Geodetic Survey System, NAVD88, with the data on the plat as
to how the coordinates and bearings were determined.
B.
Action by the Borough.
(1)
Upon receipt of an application by the Board Secretary, the application
shall be assigned a docket number, which shall appear on all subsequent
papers filed in the case. The Board, a subcommittee of the Board,
the Board's professionals, or a designee or designees of the Board
shall determine completeness of the application in accordance with
the Land Use Ordinance. The Board, a subcommittee of the Board, the
Board's professionals, or a designee or designees of the Board shall
review the aforesaid application for the purpose of determining, within
45 days of its submission, whether said application is complete, or
whether any waivers should be granted from the checklist requirements.
Thereafter:
[Amended 3-17-2022 by Ord. No. 2022-004]
(a)
If said application is found to contain all of the information
required herein, the Board, a subcommittee of the Board, the Board's
professionals, or a designee or designees of the Board shall certify
that said application is complete, and the Board Secretary shall so
notify the applicant, and the application will be determined to be
complete as of the day it was so certified by the Secretary for purposes
of commencement of the time period within which the Board must act
upon an application.
(b)
If said application is found to lack some of the information
required herein, the Board, a subcommittee of the Board, the Board's
professionals, or a designee or designees of the Boardshall either:
[1]
Cause the applicant to be notified, in writing, that said application
is incomplete, specifying the deficiencies in the application; or
[2]
If the Board, a subcommittee of the Board, the Board's professionals,
or a designee or designees of the Board reasonably conclude that the
missing items of information are not necessary for it to make an informed
decision on the application, the Board, a subcommittee of the Board,
the Board's professionals, or a designee or designees of the Board
may waive the requirement that said items be supplied as a prerequisite
for completeness and certify that the application is complete notwithstanding
the missing items.
(c)
An applicant who has been notified that his application is incomplete
may request waiver of one or more of the submission requirements set
forth herein and said request shall be granted or denied by the Board,
a subcommittee of the Board, the Board's professionals, or a designee
or designees of the Board within 45 days.
(d)
In the event the Board, a subcommittee of the Board, the Board's
professionals, or a designee or designees of the Board fail to act
within 45 days of the date of submission of the application, said
application shall be deemed complete as of the 46th day following
its submission.
(2)
On the date the aforesaid application is certified complete,
or on the 46th day following the submission of the application, in
the event the Board, a subcommittee of the Board, the Board's professionals,
or a designee or designees of the Board fail to make a determination
of completeness, as the case may be, the applicable time period within
which the Board must act upon the application shall commence. In any
case, the applicant is obliged to prove that he or she is entitled
to approval of the application. The Board, a subcommittee of the Board,
the Board's professionals, or a designee or designees of the Board
may subsequently require correction of any information found to be
in error, may require submission of additional information not specified
in this chapter, and/or may require such revisions in the application
documents as are reasonably necessary to make an informed decision
as to whether the requirements for approval of the application have
been met, provided that the application shall be deemed incomplete
for lack of any such additional information or revisions.
[Amended 3-17-2022 by Ord. No. 2022-004]
(3)
Promptly after certification of completeness, the application
documents shall be distributed by the administrative officer to the
following:
(a)
Planning Board members: nine copies.
(b)
Hunterdon County Planning Board: three copies.
(c)
Planning Board Attorney: one copy.
(d)
Borough Engineer: one copy.
(e)
Borough Planner: one copy.
(f)
Borough Environmental Commission: one copy.
(g)
Zoning Officer (if not on the Board): one copy.
(h)
Construction Official: one copy.
(i)
Borough Environmental Consultant: one copy.
(j)
Borough files: three copies.
(k)
At the direction of the Board, additional copies of the final
plat or plan shall be sent by the applicant to other Borough, county
or state agencies or Borough consultants as may be designated by the
Board.
(4)
The Board shall take action on final site plan and final subdivision
applications within 45 days after the application has been certified
complete or within such further time as may be consented to by the
applicant. Failure of the Board to act within the prescribed time
period shall constitute approval of the application, provided that
any final site plan or final subdivision application which includes
any requested variance relief shall be acted upon within 120 days
or within such further time as may be consented to by the applicant.
(5)
The recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Borough Engineer approves the final submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the final plat or plan, the Borough Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signature to at least 10 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing, along with an electronic file of the plat or plan in accordance with § 145-607A(2). Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy or equivalent and at least two Mylar copies of the approved plat in addition to the 10 paper copies.
(6)
After approval of the final plat or plan by the Board, the administrative officer shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 145-602E of this chapter:
(a)
Borough Engineer: one paper copy and, in the case of subdivisions
only, one Mylar copy drawn to the Tax Map scale of one inch equals
100 feet or one inch equals 400 feet and CAD-generated data file,
as directed by the Borough Engineer.
(b)
Construction Official: one paper copy.
(c)
Borough Tax Assessor: one paper copy.
(d)
Municipal Clerk: one paper copy.
(e)
The applicant: one copy and, in the case of subdivisions only,
one Mylar copy.
(f)
Such other Borough, county or state agencies and officials as
directed by the Board: paper copies.
(7)
Within 95 days of the date of execution by the Board of a final
subdivision plat, the applicant shall file a copy of same with the
County Recording Officer. In the event of failure to file within said
95 days, the approval of the major subdivision shall expire and any
further proceedings shall require the filing of a new application
as in the first instance. The Board, for good cause shown, may extend
the filing deadline for an additional 95 days. The Board may extend
the initial or subsequent ninety-five-day period if the applicant
proves to the reasonable satisfaction of the Board that the applicant
was barred or prevented, directly or indirectly, from filing because
of delays in obtaining legally required approvals from other governmental
or quasi-governmental entities and that the applicant applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals as determined by the Board. The applicant
may apply for an extension either before or after the original expiration
date.
(8)
If the Board, after consideration and discussion of the final
plat or plan, disapproves the submission, a notation to that effect
shall be made by the Chairman of the Board on the plat or plan. The
administrative officer, within 10 days of such adoption, shall notify
the applicant of such disapproval and forward the applicant a copy
of the adopted resolution setting forth the reason for the disapproval.
C.
Effect of final approval. Final approval shall confer upon the applicant
specific rights and extensions of the approval under certain conditions
as described in the Municipal Land Use Law, N.J.S.A. 40:55D-52.
[1]
Editor's Note: Checklists are included as attachments to this chapter.
[Added 5-12-2011 by Ord.
No. 2011-12]
A.
Applications for development. No application for development (as
defined pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1
et seq.) for which application submission requirements apply under
this section shall be deemed complete or considered for review by
the applicable Borough land use board until and unless the applicant
has obtained and provided a copy of:
(1)
A consistency determination from the Highlands Council indicating
that the application is consistent with the Highlands Regional Master
Plan; or
(2)
A consistency determination from the Highlands Council indicating that the application is not consistent with the Highlands Regional Master Plan, accompanied by a certification, as detailed in Subsection B below, by the applicant's professional(s) that the application has been since reviewed by the Highlands Council revised to achieve consistency with the Highlands Regional Master Plan.
B.
Findings of inconsistency. Where a Highlands Council consistency
determination indicates that an application for development is inconsistent
with the Highlands Regional Master Plan, no such application shall
be deemed complete or considered for review by the applicable Borough
land use board, until or unless the applicant has obtained from the
professional(s) responsible for preparation of the applicant's plans,
a certification indicating that to the best of the knowledge and abilities
of such professional(s), the plans have been revised to achieve consistency
with the Highlands Regional Master Plan and specifically describing
the revisions made to achieve such consistency.
C.
Exclusions. The following specific improvements and related applications
shall be excluded from the provisions of this section:
(1)
Any improvement to a single-family dwelling in lawful existence
as of the effective date of this section, provided that such improvement:
a) is related and dedicated solely to the single-family residential
use of either the dwelling or the property upon which it is situated;
b) results in the ultimate disturbance of less than one acre of land;
and c) produces a cumulative impervious surface area of less than
1/4 acre.
(2)
The reconstruction, within the same footprint, of any building
or other structure lawfully existing as of the effective date of this
section, in the event of its destruction or partial destruction by
fire, storm, natural disaster, or any other unintended circumstance.
(3)
The repair or maintenance of any building or other structure
lawfully existing as of the effective date of this section. This exclusion
shall not be construed to permit repairs or maintenance activities
that alter the footprint of such building or structure.
(4)
The interior improvement, rehabilitation, or modification of
any building or other structure lawfully existing as of the effective
date of this section. This exclusion shall not be construed to permit
activities that alter the footprint of such building or structure.
(5)
The attachment of signs or other ornamentation to any building or structure, to the installation of windows, doors, chimneys, vents, shafts, heating, ventilation, or air-conditioning equipment, or to any other such improvement to a building or structure provided it occupies a surface area footprint of not more than 50 square feet. This exclusion shall not be construed to permit ultimate disturbance or cumulative impervious surface in excess of that provided at Subsection C(1), above, for single-family dwellings.
(6)
Any improvement or alteration to a building or other structure
lawfully existing as of the effective date of this section, where
such improvement or alteration is necessary for compliance with the
provisions of the Americans with Disabilities Act, or to otherwise
provide accessibility to the disabled.
D.
Exemptions. Any activity, improvement or development project listed
and demonstrated to constitute a Highlands Act exemption shall be
exempt from the provisions of this section.
(1)
Demonstration of a Highlands Act exemption for an application
for development involving lands located in the Planning Area shall
consist of a Highlands exemption determination issued by the Highlands
Council.
E.
Waiver. The Borough may issue a waiver from the provisions of this
section where it can be established by the applicant and can be verified
by the designated representative(s) of the Borough that:
(1)
The activity, improvement or development proposed by the subject
application for development has not yet been formally determined to
be exempt from the Highlands Act, but eligibility for an exemption
has been sufficiently established by the applicant; or
(2)
The activity, improvement or development proposed in the application
for development will neither encroach upon a Highlands resource or
Highlands Resource Area, nor be of detrimental impact to any Highlands
resource or Highlands Resource Area as these are identified and delineated
in the Highlands Regional Master Plan. The applicant's professional(s)
responsible for preparation of the applicant's plan shall establish
compliance of the above through a formal certification specifically
addressing the Highlands resources and resource areas and related
policies and objectives as identified in Chapter 4 of the Highlands
Regional Master Plan.
F.
Highlands Council call up. All municipal waivers or findings of application
completeness issued pursuant to this section shall be subject to Highlands
Council call-up review and the municipality shall specifically include
conditions of this review consistent with this subsection. In all
such cases, the municipality shall, within five calendar days of issuance,
provide notice to the applicant and to the Highlands Council of any
waiver or finding of application completeness made pursuant to this
section. The Highlands Council call-up review period shall expire
15 calendar days following its receipt of such notice. Absent any
notice to the municipality from the Highlands Council within that
timeframe, the application shall be considered complete, with the
date of the waiver or application completeness to be as of the date
of first issuance by the municipality. Upon determining to exercise
this authority for call-up review, the Highlands Council shall transmit
notice to the applicant and the municipality.
G.
APPLICANT
APPLICATION FOR DEVELOPMENT
DISTURBANCE
DISTURBANCE, ULTIMATE
HIGHLANDS ACT
HIGHLANDS AREA
HIGHLANDS COUNCIL
HIGHLANDS REGION
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
MUNICIPAL LAND USE LAW (MLUL)
NJDEP
PLAN CONFORMANCE
PLANNING AREA
PRESERVATION AREA
REGIONAL MASTER PLAN
STRUCTURE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Any entity applying to the Board of Health, Planning Board,
Zoning Board of Adjustment, Zoning Officer, Construction Official
or other applicable authority of the municipality for permission or
approval to engage in an activity that requires an application for
development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, or direction of the
issuance of a permit pursuant to § 25 or 27 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-34 or 40:55D-36).
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
The total existing or proposed area of disturbance of a lot,
parcel, or other legally designated (or otherwise legally recognized)
tract or subdivision of land, for the purpose of, and in connection
with, any human activity, property improvement, or development, including
the surface area of all buildings and structures, all impervious surfaces,
and all associated land disturbances such as excavated, filled, and
graded areas, and all lawn and landscape areas. Ultimate disturbance
shall not include areas of prior land disturbance which at the time
of evaluation: a) contain no known man-made structures (whether above
or below the surface of the ground) other than such features as old
stone rows or farm field fencing; and b) consist of exposed rock outcroppings,
or areas which, through exposure to natural processes (such as weathering,
erosion, siltation, deposition, fire, flood, growth of trees or other
vegetation), are no longer impervious or visually obvious, or ecologically
restored areas which will henceforth be preserved as natural areas
under conservation restrictions.
The Highlands Water Protection and Planning Act, P.L. 2004,
c. 120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.
That portion of the municipality for which the land use planning
and regulation are in conformance with, or are intended or proposed
to be in conformance with, the Highlands Regional Master Plan.
The New Jersey Highlands Water Protection and Planning Council.
All that area within the boundaries of the municipalities
listed in Subsection a of Section 7 of the Highlands Act.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, including, but not limited to,
porous paving, paver blocks, gravel, crushed stone, decks, patios,
elevated structures, and other similar structures, surfaces, or improvements.
The total area of all existing or proposed impervious surfaces
situated or proposed to be situated within the boundary lines of a
lot, parcel, or other legally recognized subdivision of land, expressed
either as a measure of land area such as acreage, or square feet,
or as a percentage of the total lot or parcel area.
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
New Jersey Department of Environmental Protection.
The process by which a municipality revises the master plan,
development regulations and other regulations related to the development
and use of land to conform them with the goals, requirements, and
provisions of the Regional Master Plan in accordance with the Highlands
Plan Conformance Guidelines.
Lands within the Highlands Region not within the Preservation
Area (N.J.S.A. 13:20-7).
That portion of the Highlands Region so designated by Subsection
b of Section 7 of the Highlands Act.
The Highlands Regional Master Plan or any revision thereof
adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
