A.
All subdivision and/or resubdivision of land within the Township, as defined in § 145-3C of this chapter, shall be reviewed by the Land Use Board in accordance with the provisions of this chapter.
B.
Except as otherwise provided, no zoning or construction
permit shall be issued for any new building or use or any enlargement
or alteration of any building or use unless a site plan for said building
or use is first submitted to and approved by the Land Use Board of
the Township, and no certificate of occupancy shall be given or remain
valid unless all construction and site utilization conforms to an
approved site plan. This requirement shall pertain to all uses and
structures in all zoning districts, except that:
(1)
Site plans shall not be required for: for any subdivision
or individual lot applications for detached one or two dwelling-unit
building, permitted accessory uses to a single-family dwelling such
as a private garage or swimming pool; a farm use or any permitted
accessory use thereto such as barn, silo, storage shed or related
structure.
(2)
Site plan review and approval will not be required
in connection with the alteration and repair of an existing structure
or use, when the Zoning Officer determines that the alteration or
repair:
A.
Any applicant for subdivision or site plan review and approval shall obtain all necessary forms and checklists as per § 145-89 of this chapter from the Land Use Board Administrative Officer. Said Officer shall inform the applicant of the steps to be taken in securing Land Use Board action and of the regular meeting dates of the Board. Except as otherwise provided in § 145-79B of this chapter, an applicant seeking subdivision or site plan approval shall, with the knowledge of the Zoning Officer, submit 20 copies of all plans, together with a completed application form and the appropriate checklists for the type(s) of development proposed as required by § 145-89 herein, to the Land Use Board administrative officer at least 21 days prior to a regularly scheduled Land Use Board meeting.
B.
The Land Use Board shall determine, on the basis of
advice from the Board's administrative officer and its professional
staff and/or the Township Engineer as detailed herein below, that
the application is complete and properly submitted as of that date,
or that the application is incomplete, as provided in N.J.S.A. 40:55D-10.3,
in which latter case the applicant shall be notified in writing of
the deficiencies therein by the Board or the Board's designee for
the determination of completeness within 45 days of the applicant's
initial submission as to the additional information or materials required.
The applicant may request that one or more of the submission requirements
be waived, in which event the Board or its designee shall grant or
deny the request within 45 days. The Board may subsequently require
correction of any information found to be in error and submission
of additional information not specified in the ordinance or any revisions
in the accompanying documents, as are reasonably necessary to make
an informed decision as to whether the requirements have been met.
The application shall not be deemed incomplete for lack of any such
additional information or any revision in the accompanying documents
so required by the Board.
(1)
Administrative determination of preliminary completeness.
The administrative officer shall make a determination of preliminary
completeness prior to listing any matter on the agenda for a meeting
of the Board. In the event that the administrative officer determines
that the application is not complete, the administrative officer shall
so advise the applicant, in writing, indicating the items which the
administrative officer has found to be lacking. The failure of the
administrative officer to have mentioned an item to an applicant shall
not preclude the Board from finding an application incomplete. Only
the Board shall have the authority to make final determinations of
completeness and shall make a determination of completeness prior
to hearing any application.
(2)
Advance filing requirement. Any applicant for which
a hearing is required shall receive a determination of preliminary
completeness at least 10 days prior to the meeting date, and the completeness
of the application shall be determined as of said meeting date. If
the application is not determined to be preliminarily complete as
of that date, the application shall not be placed on the agenda for
the meeting unless the applicant has requested waivers as to the items
which are incomplete, and included in any public notice the request
for such waivers. In such case, the request for waivers shall be placed
on the agenda if the application is otherwise determined to be preliminarily
complete, and if the Board approves the waivers and otherwise finds
the application complete, the application may be heard at that meeting.
A.
Minor subdivision or site plan.
(1)
Application for minor subdivisions and site plans for conventional developments as defined in § 145-3C of this chapter shall not be subject to a public hearing provided that a conditional use or zoning variance request is not involved in connection with said application(s). All site plans not deemed "minor" by the Land Use Board based on the provisions of § 145-3C of this chapter shall require a public hearing with notice as set forth in § 145-92 of this chapter.
(2)
Final approval of a minor subdivision and preliminary
approval in the case of a site plan which involves 10 acres of land
or less, and 10 dwelling units or less, shall be granted or denied
within 45 days from the date the application for said minor subdivision
or site plan is determined to be completed or within such time as
may be consented to by the applicant.
(3)
In granting final approval to a minor subdivision or site plan, the Land Use Board may condition such approval on terms ensuring the provisions of improvements pursuant to the provisions of Articles VIII and IX of this chapter as deemed applicable by the Board. In approving an application, the Land Use Board may impose any modifications or conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety and general welfare.
(4)
Expiration of approval of minor subdivision.
(a)
Approval of a minor subdivision shall expire
190 days from the date of Land Use Board approval unless within such
period a plat in conformity with such approval and the provisions
of the Map Filing Law, or a deed clearly describing the approved minor
subdivision, is filed by the applicant with the County Clerk, the
Municipal Engineer and the Municipal Tax Assessor. Copies filed with
the Municipal Engineer and Tax Assessor must show proof of filing
with the County Clerk. Any such plat or deed must be signed by the
Chairman and Secretary of the Township Land Use Board before it will
be accepted for filing by the County Clerk.
(b)
The Land Use Board may extend the 190-day period
for filing a minor subdivision plat or deed pursuant to this section
if the developer proves to the reasonable satisfaction of the Land
Use Board:
(c)
The length of extension shall be equal to the period of delay caused
by the wait for the required approvals, as determined by the Land
Use Board. The developer may apply for the extension either before
or after what would otherwise be the expiration date.
(5)
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or site plan approval was granted, shall not be changed for a period of two years after the date of minor subdivision or site plan approval; provided, however, that in the case of a minor subdivision the approved minor subdivision shall have been duly recorded as required in Subsection A(4) above. Extensions of said period may be granted by the Land Use Board in accordance with the provisions of N.J.S.A. 40:55D-46.1, Subdivision c, for minor site plans and N.J.S.A. 40:55D-47, Subdivision g, for minor subdivisions.
B.
Major subdivision; site plans for conventional developments
which involve more than 10 acres or more than 10 dwelling units; and
planned developments.
(1)
Preliminary applications for major subdivision, site plans for conventional developments which involve more than 10 acres or more than 10 dwelling units, or any planned development shall be subject to public hearing after notice properly given by the applicant as provided in § 145-92 of this chapter, and preliminary approval shall be granted or denied within 95 days from the date an application is determined to be complete or within such further time as may be consented to by the developer. Otherwise, the Land Use Board shall be deemed to have granted preliminary approval of the subdivision plat or site plan, except in the case of those applications subject to the provisions of § 145-82 of this chapter, and a certificate of the administrative officer as to the failure of the Land Use Board to act shall be issued on request of the applicant.
(2)
In the case of any planned development as permitted
by this chapter, the Land Use Board shall find prior to the approval
of such planned development the following facts and conclusions:
(a)
That departures by the proposed development
from zoning regulations otherwise applicable to the subject property
conform to the standards of this chapter;
(b)
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate;
(c)
That provisions through the physical design
of the proposed development for public services, control over vehicular
and pedestrian traffic, and the amenities of light and air, recreation
and visual enjoyment are adequate;
(d)
That the proposed planned development will not
have an unreasonably adverse impact upon the area in which it is proposed
to be established;
(e)
In the case of a proposed development which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and the
residents, occupants and owners of the proposed development in the
total completion of the development are adequate;
(3)
In the event that preliminary approval of such subdivision
or site plan is denied because of failure to comply with municipal
or regional development regulations, a notation to that effect, together
with the signature of the administrative officer of the Land Use Board,
shall be placed on the plat or plan, and reasons for the denial shall
be stated in the denial resolution.
(4)
Preliminary approval of a major subdivision, site plan or planned development shall be granted by resolution, which shall set forth any conditions that must be met, including design standards and improvements required by Article VIII, required performance guaranties as set forth in Article IX, and plat or plan changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat or plan, said notation to clearly state that preliminary approval does not authorize recording in the case of a subdivision, nor the issuance of a zoning or construction permit in the case of a site plan, together with the signature of the Chairman and Secretary of the Township Land Use Board.
(5)
Preliminary approval of a subdivision plat or site
plan shall confer upon the applicant the following rights:
(a)
That the general terms and conditions on which
approval were granted shall not be changed for a three-year period
from the date of preliminary approval, unless modified by ordinance
with respect to public health or public safety objectives pursuant
to N.J.S.A. 40:55D-49, Subdivision a.
(b)
That the applicant may submit for final approval
on or before the expiration date of preliminary approval, the whole
or a section or sections of preliminary subdivision or site plan.
(c)
That the applicant may apply for and the Land
Use Board may grant extensions on such preliminary approval for additional
periods of at least one year, but not to exceed a total extension
of two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern as provided in N.J.S.A.
40:55D-49, Subdivision c.
A.
A developer seeking final approval of a major subdivision,
site plan or planned development shall, with the knowledge of the
zoning administrative officer, submit 20 paper prints of the final
plan, together with original and processed tracings as required by
the Map Filing Law in the case of subdivisions, along with a completed
application form, to the Land Use Board administrative officer at
least 10 days prior to a regularly scheduled Land Use Board meeting.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Land Use Board, at its next regularly scheduled
meeting, shall determine, on the basis of advice from the Board's
administrative officer and its professional staff and/or the Township
Engineer, that the application is complete and properly submitted
as of that date, or that the application is incomplete, as provided
in N.J.S.A. 40:55D-10.3, in which latter case the applicant shall
be notified in writing of the deficiencies therein by the Board or
the Board's designee for the determination of completeness within
45 days of the applicant's initial submission as to the additional
information or materials required. The applicant may request that
one or more of the submission requirements be waived, in which event
the Board or its designee shall grant or deny the request within 45
days. The Board may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the ordinance or any revisions in the accompanying documents,
as are reasonably necessary to make an informed decision as to whether
the requirements have been met. The application shall not be deemed
incomplete for lack of any such additional information or any revision
in the accompanying documents so required by the Board.
C.
Final approval of a major subdivision, site plan or planned development shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with, including the conditions of § 145-81B(2) of this chapter, as applicable, with respect to a planned development. Annotation indicating approval shall be placed on each plat or plan, together with the signatures of the Chairman and the Secretary of the Land Use Board.
D.
An application for final approval shall be granted
or denied within 45 days from the date it is determined to be complete
or within such further time as may be agreed to by the applicant.
Otherwise, the Land Use Board shall be deemed to have granted final
approval, and a certificate of the Land Use Board administrative officer
as to the failure of the Land Use Board to act shall be issued on
request of the applicant.
E.
Final approval of a major subdivision shall expire
95 days from the date of signing the plat unless within such period
the plat shall have been duly filed by the developer with the County
Clerk. The Land Use Board, for good cause shown, may extend the period
of recording for an additional period, not to exceed 190 days from
the date of the signing of the plat. The Land Use Board may extend
the 95 or 190 days as provided by N.J.S.A. 40:55D-54.
F.
The Land Use Board is authorized pursuant to N.J.S.A.
40:55D-51 to grant exceptions from the requirements for subdivision
or site plan approval and to simultaneously review and approve or
deny conditional uses or site plans with review of subdivision approval.
G.
Final approval of a major subdivision, site plan or
planned development shall confer upon the developer the following
rights:
(1)
Zoning requirements applicable to the preliminary approval first granted and all rights conferred upon the developer as set forth in § 145-81B(4), whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded in accordance with the expiration provisions set forth in § 145-82E. If the developer has followed the standards prescribed for final approval, and in the case of a major subdivision has duly recorded the plat as required herein, the Land Use Board may extend for such period of protection for extensions of one year, but not to exceed three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to § 145-81B(4) for any portions granted final approval.
(2)
In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or a conventional subdivision or site plan of 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Land Use Board may extend the period of protection granted under § 145-82G(1) as provided in N.J.S.A. 40:55D-52.
A.
Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development pursuant to the provisions of this chapter, may submit a general development plan to the Land Use Board prior to the granting of preliminary approval of that development by the Land Use Board as provided in § 145-81 of this chapter. Twenty copies of said general development plan shall be submitted.
B.
The Land Use Board shall grant or deny general development
plan approval within 95 days after submission of a complete application
to the administrative officer, or within such further time as may
be consented to by the applicant. Failure of the Land Use Board to
act within the period prescribed shall constitute general development
plan approval of the planned development.
C.
A general development plan shall contain all information
provided in Section 12.11H[1] of this chapter and shall set forth the permitted number
of dwelling units, the amount of nonresidential floor space, the residential
density and the nonresidential floor area ratio for the planned development,
in its entirety, according to a schedule which sets forth the timing
of the various sections of the development. The planned development
shall be developed in accordance with the general development plan
approved by the Land Use Board notwithstanding any provisions of N.J.S.A.
40:55D-1 et seq. or any ordinance or regulation adopted pursuant thereto
after the effective date of the approval.
[1]
Editor's Note: So in original.
D.
The term of effect of the general development plan approval shall be determined by the Land Use Board using the guidelines set forth in Subsection E below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to N.J.S.A. 40:55D-1 et seq.
E.
In making its determination regarding the duration
of the effect of approval of the development plan, the Land Use Board
shall consider: the number of dwelling units or amount of nonresidential
floor area to be constructed, prevailing economic conditions, the
timing schedule to be followed in completing the development and the
likelihood of its fulfillment, the developer's capability of completing
the proposed development, and the contents of the general development
plan and any conditions which the Land Use Board attaches to the approval
thereof.
F.
In the event that the developer seeks to modify the
proposed timing schedule, such modification shall require the approval
of the Land Use Board. The Land Use Board shall, in deciding whether
or not to grant approval of the modification, take into consideration
prevailing economic and market conditions, anticipated and actual
needs for residential units and nonresidential space within the Township
and the region, and the availability and capacity of public facilities
to accommodate the proposed development.
(1)
Except as provided hereunder, the developer shall
be required to gain the prior approval of the Land Use Board if, after
approval of the general development plan, the developer wishes to
make any variation in the location of land uses within the planned
development or to increase the density of residential development
or the floor area ratio of nonresidential development in any section
of the planned development.
(2)
Any variation in the location of land uses or increase
in density or floor area ratio approval in reaction to a negative
decision of, or condition of development approval imposed by the N.J.
Department of Environmental Protection pursuant to N.J.S.A. 13:19-1
et seq. shall be approved by the Land Use Board if the developer can
demonstrate to the satisfaction of the Land Use Board, that the variation
being proposed is a direct result of such determination by the N.J.
Department of Environmental Protection.
G.
Except as provided hereunder, once the general development
plan has been approved by the Land Use Board, it may be amended or
revised only upon application by the developer approved by the Land
Use Board. A developer, without violating the terms of approval pursuant
to this chapter, may, in undertaking any section of the planned development,
reduce the number of residential units or amount of nonresidential
floor space by no more than 15% or reduce the residential density
or nonresidential floor area ratio by no more than 15%; provided,
however, that a developer may not reduce the number of residential
units to be provided pursuant to N.J.S.A. 52:27D-301 et seq. without
prior Township approval.
H.
The Land Use Board shall, in accordance with the provisions
of N.J.S.A. 40:55D-45.7, certify completions of each section of a
general development plan, determine any general development failure
to complete or comply, or determine the termination of a general development
plan approval.
I.
In the event that a development which is the subject
of an approved general development plan is completed before the end
of the term of the approval, the approval shall terminate with the
completion of the development. For the purposes of this section, a
development shall be considered complete on the date upon which a
certificate of occupancy has been issued for the final residential
or nonresidential structure in the last section of the development
in accordance with the timing schedule set forth in the approved general
development plan and the developer has fulfilled all of his obligations
pursuant to the approval.
A.
Recognizing that certain uses, activities and structures
are necessary to serve the needs and convenience of the Township and,
at the same time, recognizing that such uses may be or may become
harmful to the public health, safety and general welfare, if located
or operated without proper consideration of existing conditions and
character of the surrounding properties, such uses are hereby designated
conditional uses and listed as such under the appropriate zone district
contained in the Schedule of District Regulations.[1] In addition to other powers conferred by this chapter,
the Land Use Board shall have the power to authorize the granting
of a permit for a conditional use after site plan approval and determination
that no detrimental environmental impact will result from the conditional
use, under terms and conditions established and set forth in this
chapter and in accordance with the following general stipulations
and guidelines:
(1)
The uses for which application is being made is specifically
authorized as a conditional use in the Schedule of District Regulations
for the district in which it is proposed.
(2)
The design, arrangement and nature of the particular
use is such that the public health, safety and general welfare will
be protected.
(3)
That reasonable consideration is afforded the character
of the neighborhood and the district, the conservation of property
values, the avoidance of congestion of vehicular traffic and the avoidance
of any unnecessary hazards.
(4)
That the proposed use conforms to any special regulations
set forth in this chapter for the specific use proposed.
[1]
Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.
B.
Twenty copies of an application for a conditional use permit along with site plans of the proposed conditional use as required by § 145-84B(2) of this chapter, shall be submitted in accordance with the provisions of §§ 145-81 and 145-82 hereinabove.
(1)
Within 95 days from the date said application is determined
complete, the Land Use Board shall, by resolution, either approval
or disapproval of the application. Failure of the Land Use Board to
act within the period prescribed shall constitute approval of the
application, and a certificate of the Administrative Officer as to
the failure of the Land Use Board to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval herein required and shall
be so accepted by the County Clerk for purposes of filing subdivision
plats. A conditional use shall require a public hearing and proper
noticing of adjoining property in the manner prescribed by the New
Jersey Municipal Land Use Law, as currently amended, prior to the
Land Use Board determining whether or not to grant the conditional
use.
(2)
In reviewing an application for a conditional use permit, said review shall include site plan review as provided in accordance with § 145-79. The Land Use Board shall review applications, including the site plans, in accordance with all standards and regulations of this chapter and as to conformity with the goals, objectives and policies of any adopted Master Plan.
(3)
In approving an application, the Land Use Board may
impose any modifications or conditions it deems necessary to carry
out the intent of this chapter or to protect the health, safety and
general welfare of the public.
(4)
The Land Use Board shall notify the Zoning Officer,
in writing, as to its decision and any special conditions imposed
in connection with the approval actions.
(5)
The Zoning Officer shall approve or deny applications
for conditional use permits in accordance with Land Use Board action.
All conditional use permits shall be issued only in accordance with
applicable conditions contained in this chapter or imposed by the
Land Use Board. The Land Use Board administrative officer shall transmit
one copy of all approved and denied applications to the Township Tax
Assessor, Zoning Officer, Construction Code Official and Township
Engineer.
A.
Appeals to the Land Use Board may be taken by any
person aggrieved or by any officer, department, board or bureau of
the municipality affected by any decision of the Zoning Officer. Each
appeal shall be taken within the twenty-day period prescribed by filing
a notice of appeal with the officer from whom the appeal is taken
together with three copies of said notice with the administrative
officer of the Land Use Board. Said notice of appeal shall specify
the grounds for said appeal. The officer from whom the appeal is taken
shall forthwith transmit to the Land Use Board all papers constituting
the record upon which the action appealed from was taken.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Filing.
(1)
Applications addressed to the original jurisdiction
of the Land Use Board without prior application to an administrative
officer shall be filed with the administrative officer of the Land
Use Board. Twenty copies of the application shall be filed. At the
time of filing the appeal or application, but in no event less than
15 days prior to the date set for the hearing, the applicant shall
also file all plot plans, maps or other papers required by virtue
of any provision of this chapter or any rule of the Land Use Board.
The applicant shall obtain all necessary forms from the Secretary
of the Land Use Board. The Secretary of the Board shall inform the
applicant of the steps to be taken to initiate proceedings and of
the regular meeting dates of the Board.
(2)
If the applicant is a corporation or partnership,
said applicant shall list the names and addresses of all stockholders
or individual partners owning at least 10% of its stock of any class
or at least 10% of the interest of a partnership, as may be the case,
as required by N.J.S.A. 40:55D-48.1.
(3)
If a corporation or partnership owns 10% or more of
the stock of a corporation or 10% or greater interest in a partnership,
subject to a disclosure as set forth above, that corporation or partnership
shall list the names and addresses of its stockholders holding 10%
or more of its stock or of 10% or greater interest in the partnership,
as may be the case, and this requirement shall be followed by every
corporate stockholder or partner in a partnership, until the names
and addresses of the noncorporate stockholders and individual partners,
exceeding the ownership criterion of 10% as set forth in N.J.S.A.
40:55D-1 et seq. have been listed.
C.
An appeal stays all proceedings in furtherance of
the action in respect to which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Land Use Board, after the notice of the appeal shall be filed with
him/her, 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 otherwise than by an order
of the Superior Court of New Jersey upon notice to the officer from
whom the appeal is taken and on due cause shown.
A.
Sign permits.
(1)
Applications for a sign permit shall be submitted to the Zoning Officer when the sign to be erected or installed is for an existing use or structure and is not part of a development requiring site plan review. The Zoning Officer shall review said application and plans submitted as required by § 145-50, Signs, and shall, within two weeks of receipt of the application:
(2)
In the case of a sign or signs to be erected or installed
as part of an application for subdivision or site plan approval, the
proposed signs shall be shown on the subdivision plat or site plan
and be reviewed and approved as part of the overall subdivision plat
or site plan by the Land Use Board. The Zoning Officer shall be authorized
by the approval of the subdivision plat or site plan submitted thereto
to issue the appropriate permit(s) for the sign(s) shown on said approved
plat or plan.
A.
At the request of the developer, the Land Use Board
shall grant an informal review of a concept plan for a proposed development
for which the developer intends to prepare and submit an application
for development. The developer shall not be required to submit any
fees for such informal review. The developer shall not be bound by
any concept plan for which review is requested, and the Land Use Board
shall not be bound by any such review and/or comments made during
same.
B.
Any sketch plats containing proposals and/or designs
for drainage, streets, subdivision layout or site design shall be
only for discussion and informal review and comment. The data included
on an informal submission shall include sufficient basic data to enable
the Land Use Board and the developer to comment upon design concepts,
such as building locations, ingress and egress, parking and major
natural features that will have to be recognized or may influence
certain design criteria, and the prospective developer's basic intent
for provision of water, sewage and stormwater facilities. Informal
sketches to scale of possible plans for development of the area. They
are not binding on the Township or upon the developer and do not necessitate
accurate engineered drawings. The Township or developer bear no liability
resulting from the informal discussion of such concept plans for development
since by their nature they are not actual applications with supporting
documentation and properly drawn and certified plats or plans.
C.
Although the minutes of a meeting of the Land Use
Board wherein an informal discussion was part of the agenda may so
note said discussion, no written findings, conclusions or reports
shall be issued by the Board as a result of an informal discussion.
D.
If a developer requests review of plans or sketches by the Board's professional staff, a development review escrow account will be required to be established with the Township in accordance with the provisions of § 145-98, Escrow accounts. Said account will be used to pay the costs of the staff review. No charges will be assessed to the escrow account established if extemporaneous comments or opinions are made by a Board professional present at a meeting and have not been asked to specifically review plans or sketches in advance thereof the Board meeting when the informal review will occur.
A.
Form of submission. No development application as
defined in this chapter shall be accepted unless submitted in proper
form, and no plat or plan shall be accepted for consideration unless
it conforms to the specific checklist requirements, as set forth herein,
as to form, content and accompanying information, and complies with
the provisions of the New Jersey Map Filing Law, as amended. All plats
and plans shall bear the signature, seal, license number and address
of the professional authorized to draw same.
B.
Specifications and checklist and information to be submitted for complete application for development. A development application shall be deemed complete for purposes of commencing the applicable period of time for action by the approval authority when so certified by its or its authorized committee or designee as set forth in § 145-80. All applications and accompanying plans or plats shall contain all of the information required and as stipulated in the various checklists set forth in § 145-89.
C.
Waivers from plat or plan details. The Land Use Board
upon written request of the applicant may waive any plat or plan details
required in connection with the provisions of this chapter where it
finds that said waived detail(s) is/are not required in order to adequately
review the plat or plan, and that the waiving of said detail(s) shall
not be detrimental to the adopted Township Master Plan or the provisions
of this chapter.
A.
The following checklists shall be used in determining
the completeness of any development application submitted to the approval
authority are hereby adopted by reference and made a part of this
chapter:
(1)
Checklist "A" General Information Required.
(2)
Checklist "B" Minor Site Plan.
(3)
Checklist "C" Preliminary Major Site Plan.
(4)
Checklist "D" Land Subdivision.
(5)
Checklist "E" Environmental Impact Statement.
(6)
Checklist "F" Sign — Plan Details.
(7)
Checklist "G" Variance Application.
(8)
Checklist "H" Supplemental Details for Specific Uses.
B.
The administrative officer of the Land Use Board or
other approving authority shall provide all applicants for development
approval with a copy of all applicable checklists as noted above for
the proposed development involved. Said checklist(s) shall be completed
and submitted along with all documentation and plans or plats as indicated
on said checklist(s) to the administrative officer at the time of
his/her making application for development review. The checklist or
checklists shall be used in determining completeness of the application
for review submitted as required by N.J.S.A. 40:55D-10.3.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Land Use Board shall be accompanied by proof that no taxes
or assessment for local improvements are due or delinquent on the
property which is the subject of such application; or, if it is shown
that taxes or assessments are delinquent on said property, any approvals
or other relief granted by the Board shall be conditioned upon either
the prompt payment of such taxes or assessments or the making of adequate
provision for the payment thereof in such manner that the municipality
will be adequately protected.
The Land Use Board shall hold a hearing on each
application for development consistent with the provisions of N.J.S.A.
40:55D-1 et seq. and this chapter and such hearings shall be conducted
according to the provisions of this section.
A.
Rules. The Land Use Board shall make rules governing
the conduct of hearings before such bodies which rules shall not be
inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of
this chapter.
B.
Oaths. 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 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer, and the right to 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 to reasonable limitations as to time
and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. The Land Use Board shall provide for the
verbatim recording of the proceedings by stenographic, mechanical
or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request of any interested party at his/her
expense. The Land Use Board in furnishing a transcript of the proceedings
to an interested party at his/her expense shall not charge such interested
party more than the maximum permitted in N.J.S.A. 2B:7-4. Said transcript
shall be certified in writing by the transcriber to be accurate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Whenever a hearing on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq. is required, the applicant shall
give notice thereof as follows:
A.
Public notice shall be given by publication in the
official newspaper of the Township at least 10 days prior to the date
of the hearing.
B.
Notice shall be given to the owners of all real property
as shown on the current tax duplicate or duplicates located in the
state and within 200 feet in all directions of the property which
is the subject of such hearing, provided that this requirement shall
be deemed satisfied by notice to the 1) condominium association in
the case of any unit owner whose unit has a unit above or below it,
or 2) horizontal property regime, in the case of any co-owner whose
apartment has an apartment above or below it.
(1)
Such notice shall be given by serving a copy on the
owner as shown on the said current tax duplicate or his agent in charge
of the property or by mailing a copy thereof by certified mail to
the property owner at his address as shown on the said current tax
duplicate. A return receipt is not required.
(2)
Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or areas located within 200 feet of the property which is
the subject of the hearing, may be made in the same manner as to a
corporation, without further notice to unit owners, co-owners or homeowners
on account of such common elements or areas.
C.
Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to notice required to be given pursuant to § 145-92B of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified
mail to the County Land Use Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of the subject
premises.
E.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified
mail to the State Planning Commission of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. The notice shall include a copy of any maps or documents required
to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10.
G.
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing,
and the applicant shall file an affidavit of proof of service with
the Land Use Board.
H.
Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing in accordance with the
provisions of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place
of the hearing; the nature of the matters to be considered; identification
of the property proposed for development by street address, if any,
or by reference to lot and block number as shown on the current tax
duplicate in the Township Tax Assessor's Office; and the location
and time at which any maps and documents for which approval is sought
are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12, Subdivision c, the Township Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 145-92 of this chapter.
The Land Use Board shall include findings of
fact and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The Land
Use Board shall provide the findings and conclusions through:
A.
A resolution adopted at a meeting held within the
time period provided by N.J.S.A. 40:55D-1 et seq., for action by the
Land Use Board on the application for development; or
B.
A memorializing resolution adopted at a meeting held
not later than 45 days after the date of the meeting at which the
Land Use Board voted to grant or deny approval. Only the members of
the Land Use 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 failure of a motion to approve an
application) shall be memorialized by resolution as provided above,
with those members voting against the motion for approval being the
members eligible to vote on the memorializing resolution. The vote
of any such resolution shall be deemed to be a memorialization of
the action of the Land Use Board and not to be an action of the Land
Use Board; however, the date of the adoption of the resolution shall
constitute the date of the decision for purposes of mailings, filings
and publications required by Subsections h and i of N.J.S.A. 40:55D-10.
If the Land Use Board fails to adopt a resolution or a memorializing
resolution as hereinabove specified, any interested party may apply
to the Superior Court in a summary manner for an order compelling
the Land Use Board to reduce its findings and conclusions to writing
within a stated time and the cost of the application, including attorneys'
fees, shall be assessed against the Township.
C.
A copy of the decision shall be mailed by the Land
Use Board within 10 days of the date of the decision to the applicant,
or if represented, then to his attorney, without separate charge,
and to all who request a copy of the decision for a reasonable fee.
A copy of the decision shall also be filed by the Land Use Board in
the office of the administrative officer. The administrative officer
shall make a copy of such filed decision available to any interested
party for a reasonable fee and make available for public inspection
at his/her office during reasonable hours.
A brief notice of every final decision shall
be published in the official newspaper of the Township. At a minimum,
the notice shall clearly identify the nature of the Board action requested;
the public meeting or meetings at which the matter was heard and decided;
and whether or not the application was granted. Such publication shall
be arranged by the administrative officer of the Land Use Board without
charge to the applicant. Said notice shall be sent to the official
newspaper for publication within 10 days of the date of such decision.
A corporation or partnership applying to Land Use Board for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. Said disclosure shall be in compliance with the provisions of § 145-85B(2) through (4) of this article.
