[HISTORY: Adopted by the Township Committee
of the Township of Lacey 12-3-1976 (Ch. 73 of the 1974 Code). Amendments
noted where applicable.]
No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he has, either directly
or indirectly, any personal or financial interest. Whenever any such
member shall disqualify himself from acting on a particular matter,
he shall not continue to sit with the Board on the hearing of such
matter and not participate in any discussion or decision relating
thereto.
A.
Meetings of both the Planning Board and Zoning Board
of Adjustment shall be scheduled not 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.
B.
Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which shall
be held on notice to its members and the public in accordance with
all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum being present.
D.
All actions shall be taken by majority vote of a quorum,
except as otherwise required by any provision of N.J.S.A. 40:55D-1
et seq.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney;
the action taken by the Board; and the findings, if any, made by it
and reasons therefor. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the Municipal Clerk. Any interested party shall have the right to
compel production of the minutes for use as evidence in any legal
proceeding concerning the subject matter of such minutes. Such interested
party may be charged a fee for reproduction of the minutes for his
use as provided for in the rules of the Board.
[Amended 12-10-1998 by Ord. No. 98-38]
Fees for applications of the rendering of any
service, including publication costs, by the Planning Board or Zoning
Board of Adjustment or any member of their administrative staffs,
shall be provided by ordinance. The fees associated with any expert
testimony required by the Board, or any expert or professional review
required by the Board, shall be borne by the applicant and paid out
of escrow funds established in accordance with the Lacey Township
Code.
A.
Public inspection. 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 Planning Coordinator.
B.
Rules. The Planning Board and Zoning Board of Adjustment
may make rules governing the conduct of hearings before such bodies,
which rules shall not be in consistent with the provisions of N.J.S.A.
40:55D-1 et seq. or of this chapter.
C.
Oaths. The officer presiding at the hearing or such
person as he may designate shall have 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.
D.
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 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 to reasonable limitations as to time
and number of witnesses.
E.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
F.
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographer or mechanical
or electronic means, and the Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense.
[Amended 12-2-1977; 1-26-1978; 8-13-1987 by Ord. No. 28-87; 2-14-1991 by Ord. No. 5-91; 3-26-1992 by Ord. No. 92-17]
Whenever a hearing is required on an application
for development, pursuant to N.J.S.A. 40:55D-1 et seq. or any amendments
thereto, which requires notice pursuant to this section, or in the
event that there is an application for development requesting preliminary
or final site plan or for preliminary or tentative approval of a major
subdivision review pursuant to this chapter or there is a request
for relief pursuant to the ancillary powers granted either to the
Planning Board and/or to the Zoning Board of Adjustment in accordance
with N.J.S.A. 40:55D-60 and 40:55D-76 or any supplements or amendments
thereto, the applicant shall give notice as set forth below.
A.
Public notice of a hearing on an application for development
shall be given to the owners of all real property as shown on a current
tax duplicate or duplicates, which list shall be obtained from the
Tax Assessor not more than 30 days prior to the notice provided for
herein, located within 200 feet in all directions for lands lying
east of the Garden State Parkway and within 300 feet for lands west
of the Garden State Parkway of the property which is the subject of
such hearing and whether located within or without the municipality
in which the applicant's land is located; 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 horizontal property regime, in the case of any co-owner whose
apartment has an apartment above or below it. Such notice shall be
given by serving a copy thereof on the owner as shown on said current
tax duplicate or his agent in charge of the property or by mailing
a copy thereto, by certified mail, to the property owner at his address
as shown on said current tax duplicate or his agent in charge of the
property. Notice to a partnership owner may be made by service upon
any member of the partnership. Notice to a corporate owner may be
made by service upon its president, vice president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Failure to secure a certified list shall automatically
invalidate any notice to property owners and shall be cause for rejection
of the application.
B.
Notice of all 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 the notice required to be given pursuant to Subsection A of this section to the owners of land in such adjoining municipality which is located within 200 feet of the subject premises.
C.
Notice shall be given by personal service or certified
mail to the County Planning 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 situate within 200 feet of a municipal
boundary.
D.
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning
in the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Administrative Officer pursuant to N.J.S.A.
40:55D-10b.
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, of a hearing on an application of development of a property within the Pinelands Area in accordance with § 335-122 of this Code.
G.
Public notice on an application for development, including
an application for preliminary or final site plan approval, and an
action pursuant to N.J.S.A. 40:55D-70a or b shall be given by the
applicant by publication in the official newspaper of the Township,
if there is one, or in a newspaper of general circulation in the municipality.
H.
All notices herein specified in this section shall
be given at least 10 days prior to the date fixed for the hearing.
The applicant shall file, at least three days prior to the date of
the hearing, an affidavit of proof of service and publication with
the appropriate Board holding the hearing on the application for development.
I.
Any notice made by certified mail, as hereinabove
required, shall be deemed complete upon mailing, in accordance with
the provisions of N.J.S.A. 40:55D-14.
J.
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 and identification
of the property proposed for development both by street address, if
any, and by reference to lot and block numbers as shown on the current
tax duplicate in the Municipal Tax Assessor's office and the location
and times at which any maps and documents for which approval is sought
are available for inspection as required by law.
K.
Public notice of a hearing shall be given for an extension
of approvals for five or more years under subsection d. of § 37
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-49) and subsection b. of § 40
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-52), for a modification or elimination
of a significant condition or conditions in a memorializing resolution
in any situation wherein the application for development for which
the memorializing resolution is proposed for adoption required public
notice. Public notice shall also be required for appeals of determinations
of administrative officers pursuant to subsection a. of § 57
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70), and for request for interpretation
pursuant to subsection b. of § 57 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-70).
[Added 12-10-1998 by Ord. No. 98-38]
L.
Notice of hearings on applications for approval for
a major subdivision or a site plan not defined as a minor site plan
under this section shall be given in case of a public utility, cable
television company or local utility which possess a right-of-way or
easement within the municipality and which has registered, to the
municipality in accordance with N.J.S.A 40:55D-12.1 by serving a copy
of the notice upon the person whose name appears on the, registration
form on behalf of the public utility, cable television company or
local utility or by mailing a copy thereof, by certified mail, to
the person whose name appears on the registration form at the address
shown on that form.
[Added 12-10-1998 by Ord. No. 98-38]
[Amended 3-26-1992 by Ord. No. 92-17; 6-8-1995 by Ord. No. 95-24]
Pursuant to the provisions of N.J.S.A. 40:55D-12,
the Secretary of the Board of Assessors shall, within seven days after
receipt of a request therefor and upon receipt of payment of a fee
of $10, make and certify a list from the current tax duplicate of
the names and addresses of owners of properties within 200 feet to
whom the applicant is required to give notice pursuant to this chapter.
In the event that properties within the two-hundred-foot radius are
not located in Lacey Township, the applicant shall be required to
obtain additional certified list(s) from the municipality or municipalities
in which such properties are located.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board which shall include
findings of fact and legal contentions based thereon.
B.
A copy of the decision shall be mailed by the Board
within 10 days of the date of the decision to the applicant or, if
represented, then to his attorney, without separate charge. A copy
of the decision shall also be mailed to all persons who have requested
it and who have paid the fee prescribed by the Board for such service.
A copy of the decision shall also be filed in the office of the Planning
Coordinator, 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 those established for copies of other public documents in
the municipality.
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Planning Coordinator of the Planning Board
or the Secretary of the Zoning Board of Adjustment, as the case may
be. Said notice shall be sent to the official newspaper for publication
within 10 days of the date of any such decision.
[Amended 5-22-1986 by Ord. No. 25-86; 12-10-1998 by Ord. No. 98-38]
Pursuant to provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board or Zoning Board of Adjustment shall be accompanied
by proof that no municipal liens, taxes or assessments for local improvements
are due or delinquent on the property which is the subject of the
application. No application shall be deemed complete until such proof
has been received by the secretary of the Board before which the application
is being made, unless the applicant requests, and is granted, a waiver
of this requirement by the appropriate Board. In the event that such
a waiver is granted, the appropriate Board shall require as a condition
for any approval that all taxes or assessments for local improvements
be paid for the property which is the subject of the application.
A.
Improvements to be constructed at the sole expense
of the applicant. In cases where reasonable and necessary need for
an off-tract improvement or improvements is necessitated or required
by the proposed development application and where no other property
owners receive a special benefit thereby, the Board may require the
applicant, as a condition of approval, at the applicant's expense,
to provide for and construct such improvement(s) as if such were on-tract
improvements in the manner provided hereafter and as otherwise provided
by law.
B.
Other improvements.
(1)
In cases where the need for any off-tract improvement
is necessitated by the proposed development application and where
the Board determines that properties outside the development will
also be benefited by the improvement, the Board shall forthwith forward
to the governing body a list and description of all such improvements,
together with its request that the governing body determine and advise
the Board of the procedure to be followed in the construction or installation
thereof. The Board shall withhold action upon the development application
until receipt of the governing body's determination or until the expiration
of 90 days after the forwarding of such list and description to the
governing body without such determination having been made, whichever
occurs sooner.
(2)
The governing body, within 90 days after receipt of
said list and description shall determine and advise the Board whether:
(a)
The improvement or improvements are to be constructed
or installed by the municipality:
[1]
As a general improvement, the cost of which
is to be borne at general expense, except as hereinafter otherwise
provided as to a contribution thereto by the applicant.
[2]
As a local improvement, all or part of the cost
of which is to be specially assessed against properties benefited
thereby in proportion to benefits conferred by the improvements in
accordance with law, except as hereinafter otherwise provided as to
a contribution thereto by the applicant.
(b)
The improvement or improvements are to be constructed
or installed by the applicant under a formula for partial reimbursement,
as hereinafter set forth.
(3)
If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[1] of this section, the Board shall estimate, with the aid of the Municipal Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby, and the applicant shall be liable to the municipality for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(4)
If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[1] of this section, the Board shall, as provided in Subsection B(3) of this section, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specially benefited by the improvement, and the applicant shall be liable to the municipality therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the applicant with respect thereto, and proceedings under said ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(5)
If the governing body shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection B(2)(b) of this section, the Board shall in like manner estimate the amount of such excess and the applicant shall be liable to the municipality therefor as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the municipality for the amount of any special assessments against the property, other than the development property, for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the municipality. Further, the governing body shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.
(6)
If the governing body shall not adopt such an ordinance
or resolution within said time, the final development proposal shall
be designed accordingly, and the Board shall thereupon grant or deny
final approval.
(7)
Nothing contained within this section shall be construed
to require the governing body to install improvements at any time.
[Added 12-10-1998 by Ord. No. 98-38]
C.
Performance guarantees. The applicant shall be required
to provide, as a condition for final approval of his development application,
a performance guarantee running to the municipality as follows:
(1)
If the improvement is to be constructed by the applicant under Subsection B(2)(b) of this section, a performance bond with surety in an amount equal to the estimated cost of the improvement, or as to any part of said improvement that is to be acquired or installed by the municipality under said Subsection A of this section, a cash deposit equal to the estimated cost of such acquisition or installation by the municipality.
(2)
If the improvement is to be constructed by the municipality as a local improvement under Subsection B(2)(a)[2] hereinabove, a cash deposit equal to the amount referred to in the preceding Subsection C(1) immediately above, plus the estimated amount by which the development property will be specially benefited by the improvement.[1]
[1]
Editor's Note: Former Subsection D, which
immediately followed this subsection and provided for a refund of
the off-site improvement deposit when improvements are not authorized
within five years, was repealed 7-12-1979 by Ord. No. 19-79.
D.
Deposit of funds. All moneys paid by an applicant
pursuant to this chapter shall be paid over to the Municipal Chief
Financial Officer who shall provide a suitable depository therefor.
Such funds shall be used only for the improvements for which they
are deposited or improvements serving the same purpose.
E.
Redetermination of assessment upon completion of improvement.
Upon completion of off-tract improvements required pursuant to this
chapter, the applicant's liability hereunder shall be recalculated
in accordance with the actual, as compared with the estimated, cost
of the improvements. To the extent that such recalculation shall increase
the amount of any cash deposit made by the applicant hereunder, the
applicant shall forthwith pay the amount of such increase to the municipality.
To the extent that it shall decrease the amount thereof, the municipality
shall forthwith refund the amount of such decrease to the applicant.
In cases where improvements are specially assessed against all benefited
properties, recalculation shall be made by the municipal assessing
authority in the course of the special assessment proceedings. In
other cases, it shall be made by the Municipal Engineer.
A.
Appeal to the governing body of decision of Board of Adjustment pursuant to N.J.S.A. 40:55D-70(d). Any interested party may appeal to the Township Committee any final decision of the Board of Adjustment approving an application, pursuant to N.J.S.A. 40:55-70(d). The appeal shall be made, pursuant to N.J.S.A. 40:55D-17, within 10 days of the publication of the final decision of the Board of Adjustment. The appellant shall arrange for a transcript to be prepared at the appellant's expense and shall pay to the Municipal Clerk the sum of $50 as the fee for an appeal to the Township Committee pursuant to N.J.S.A. 40:55D-8(b)(2). When an appeal of an application for development within the Pinelands Area is made to the governing body, the procedures set forth in Chapter 335, Zoning, of this Code shall be followed.
[Amended 2-14-1991 by Ord. No. 5-91]
B.
All other decisions of the Planning Board and Board
of Adjustment. All other decisions of the Planning Board and Board
of Adjustment shall be deemed final and shall not be appealable to
the Township Committee.
[Added 5-10-1990 by Ord. No. 19-90]
A.
The primary purpose of an environmental impact statement
(EIS) is to compile information that will assist the Planning Board
or the Board of Adjustment, in conjunction with the Environmental
Commission, in determining whether or not a proposed development may
cause an adverse environmental impact. This information will also
be useful to the applicant in planning and designing the project so
as to minimize adverse effects on the environment.
B.
No application for a major subdivision or site plan
shall be approved unless it has been affirmatively determined that
the proposed project will not result in a significant adverse impact
on the environment. Applications shall not be deemed complete for
filing until the completed EIS has been submitted to the Environmental
Commission in seven copies by registered mail, return receipt requested.
For purposes of this section, the term "Environmental Commission"
shall mean either the Lacey Township Environmental Commission or the
Lacey Township Environmental Advisory Committee. Said environmental
impact statement shall include the following minimum information and
be reviewed and either approved or denied as follows:
(1)
A description of the project, which shall specify
what is to be done and how it is to be done, during construction and
operation, as well as a recital of alternative plans deemed practicable
to achieve the objective.
(2)
An inventory of existing environmental conditions
at the project site and in the immediate surrounding region, which
shall describe air quality; water quality; water supply; hydrology;
geology; physical soil borings and properties thereof, including their
capability and limitations; sewerage systems; topography; slope; vegetation;
wildlife habitat; aquatic organisms; noise characteristics and levels;
demography; land use; aesthetics; and history. Air and water quality
shall be described with reference to standards promulgated by the
Department of Environmental Protection of the State of New Jersey,
and soils shall be described with reference to criteria contained
in the Soil Conservation District Standards and Specifications.
(3)
An evaluation of any adverse environmental impacts
which cannot be avoided. Particular emphasis shall be placed on air
or water pollution; increase in noise, storm drainage, sedimentation
and siltation; effect upon vehicular and pedestrian traffic; increase
in Township services and consequences to the Township tax structure;
and damage to flora and fauna.
(4)
A description of steps to be taken to avoid or minimize
adverse environmental impacts during construction and operation, including
maps, schedules and other explanatory data which clarify and explain
these steps.
(5)
The aforesaid inventory shall be based upon actual
visitation and inspection of the site proposed for development. The
inventory shall be prepared by a person who is qualified and able
to recognize the evidence of the presence of a species of flora or
fauna by sight, sound, sign and habitat. Prior to the actual performance
of the inventory, an applicant may present the qualifications of a
proposed expert to the Environmental Commission for acceptance.
(6)
The inventory required by this section shall be accompanied
by a log indicating the dates, times, weather conditions and specific
site locations of the on-site inspections required by this section.
If evidence is detected of the presence of any endangered or threatened
species as shown on any federal or New Jersey endangered or threatened
species list, the inventory shall set forth specific strategies and
procedures to protect and preserve any such endangered or threatened
species.
C.
Notwithstanding the foregoing, the Planning Board
or Board of Adjustment may, at the request of an applicant, waive
the requirement for an environmental impact report if sufficient evidence
is submitted to support a conclusion that the proposed development
will have a negligible environmental impact. Portions of such requirement
may likewise be waived upon a finding that the complete report need
not be prepared in order to evaluate adequately the environmental
impact of a particular project. An application for exemption of any
activity or project from an environmental impact statement shall be
based upon consideration by the Planning Board or the Board of Adjustment
of that data supplied in Charts 1, 2 and 3, which accompany this section,[1] after being properly completed by the applicant. The Planning
Board or Board of Adjustment shall refer the waiver request to the
Environmental Commission for review and comment.
[1]
Editor's Note: Charts 1, 2 and 3 are located
at the end of this chapter.
D.
Additional costs. If the Planning Board, the Board
of Adjustment or the Environmental Commission finds that, on the basis
of the environmental impact statement or other evidence, the proposed
development may cause an adverse environmental impact, the Boards
aforesaid may require the developer to pay, in addition to regular
fees, additional amounts to cover the reasonable costs of reports
by experts selected by the Board regarding the environmental impact
of the proposed development. The application shall not be approved
by the Planning Board or the Board of Adjustment until a complete
and accurate statement is submitted to and reviewed by the Environmental
Commission, unless a waiver is granted by the Planning Board or the
Board of Adjustment under this section.
A.
Definitions of terms.
(1)
Whenever a term is used in this chapter which is defined
in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning
set forth in the definition of such term found in said statute, unless
a contrary intention is clearly expressed from the context of this
chapter.
(2)
Wherever the term "owner," "applicant" or "subdivider"
is used herein, it shall be deemed to include all those persons who
are defined as a "developer" in N.J.S.A. 40:55D-4.
B.
Repeals. All sections of Chapter 297, Subdivision of Land, Chapter 335, Zoning, Chapter 285, Site Plan Review, or any other ordinance of the Township of Lacey which contains provisions contrary to the provisions of this ordinance shall be and are hereby repealed but only to the extent of such inconsistency.
C.
Ordinances continued. Pursuant to the provisions of Chapter 291, Laws of New Jersey 1975,[1] the substantive provisions of the Chapter 297, Subdivision of Land, and Chapter 285, Site Plan Review, of the Code of the Township of Lacey and the development regulations set forth therein not inconsistent with this ordinance shall continue in full force and effect until further amended in accordance with said Act.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 5-10-1990 by Ord. No. 21-90; amended 12-10-1998 by Ord. No. 98-38; 9-14-2006 by Ord. No. 2006-40]
In addition to any other requirement established by law, an applicant must complete a general development plan administrative checklist, as well as a checklist for any of the following categories of the developmental approvals containing the requirements as set forth in the schedule attached to this chapter and made a part hereof. All checklists shall be placed on file in the office of the Director of Community Development.[1]
A.
Conceptual plans (informal review).
B.
Sketch plats for major subdivision (informal review).
C.
Minor site plans.
D.
Major site plans (and conditional uses).
E.
Minor subdivision plats.
F.
Preliminary plats, major subdivision.
G.
Final plats, major subdivision.
[1]
Editor's Note: The checklists are included
at the end of this chapter.
[Added 10-24-1991 by Ord. No. 61-91; amended 3-27-1997 by Ord. No. 97-11; 12-10-1998 by Ord. No. 98-38]
A.
Applicants shall submit along with a major subdivision application or a site plan application to the Planning Board or Zoning Board of Adjustment a complete landscaping plan designed, prepared and duly signed by an experienced landscape architect or designer. The Planning or Zoning Board may, in its discretion, determine that the landscaping plan be submitted for review to the Shade Tree Advisory Committee. The plan shall be submitted in quadruplicate and shall specify the location of planting material, their minimum sizes, quantity and variety and species by botanical and common name. The landscaping plan shall show the location of all existing shade trees of eight inches caliper or greater, measured three feet above ground level, and of all existing ornamental trees of four inches caliper or greater, measured one foot above ground level, and shall show all trees which necessarily shall be removed. For applications in the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 335-25, Vegetation and landscaping, of Chapter 335 of this Code.
B.
If the landscaping plan is submitted by the Planning or Zoning Board to the Shade Tree Advisory Committee, the Shade Tree Advisory Committee shall review the plans submitted by the applicant will make recommendation to the Planning Board or Zoning Board of Adjustment, consistent with § 297-48 of the Code of the Township of Lacey entitled "Shade trees," as to the proposed removal and planting of shade and ornamental trees.
C.
In the event that the Planning Board or Zoning Board
of Adjustment refers a landscaping plan required under this section
to the Shade Tree Advisory Committee, an owner, developer or his agent
shall not be permitted to excavate land or remove trees, shrubs and
other plantings from a proposed building site or tract of land to
be subdivided or other undeveloped land on which an application is
pending before the Planning Board or Zoning Board until a landscaping
plan has been reviewed by the Shade Tree Advisory Committee, except
that 10% of the trees and plantings of any tract may be removed to
facilitate preliminary engineering associated with an application
by the developer to the Planning Board or Zoning Board of Adjustment.
[Added 3-26-1992 by Ord. No. 92-17]
All applications shall be reviewed by the Administrative
Officer to determine jurisdiction, completeness of the application
and the nature of the application sought.
[Added 3-26-1992 by Ord. No. 92-17]
A.
Upon submission to the Administrative Officer of an
application for development, said Administrative Officer shall review
the application, together with all documents to be submitted with
said application, and if the application for development is found
to be incomplete, the developer shall be notified, in writing, within
45 days of the original submission of such application of any deficiencies.
In the event that no notification is received within 45 days, said
application shall be deemed to be properly submitted.
B.
The applicant must first receive notification from
the Administrative Officer that the submission of the application
for which approval is sought is complete before the applicant may
give notification to property owners pursuant to the provisions of
this chapter.
C.
The applicant may request that one or more of the
submission requirements be waived, in which event the agency or its
authorized committee shall grant or deny the request within 45 days.
D.
Nothing herein shall be construed as diminishing the
applicant's obligation to prove in the application process that he
is entitled to approval of the application. The municipal agency may
subsequently require correction of any information found to be in
error and submission of additional information not specified in the
ordinance or any revisions in the accompanying documents as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the municipal agency.
E.
In the event that the Board of Jurisdiction or any
other reviewing board or agency having review authority requires any
substantial amendment to the layout of improvements proposed by the
applicant which have been the subject of a hearing, an amended application
for development shall be submitted and acted upon, as in the case
of an original application for development.
[Added 3-26-1992 by Ord. No. 92-17]
A.
Upon submission to the Administrative Officer of a
complete application for development, the appropriate Board shall
grant or deny approval within the following time periods of such complete
application or within such further time as may be consented to by
the developer.
(1)
Forty-five days for a site plan application which
involves 10 acres of land or less and 10 dwelling units or fewer.
(2)
Forty-five days for a minor site plan application.
(3)
Forty-five days for a subdivision application which
involves 10 or fewer lots.
(4)
Forty-five days for a minor subdivision application.
(5)
Ninety-five days for a site plan application which
involves more than 10 acres or more than 10 dwelling units.
(6)
Ninety-five days for a subdivision application which
involves more than 10 lots.
(7)
Ninety-five days for a conditional use application.
(8)
One hundred twenty days for an application pursuant
to N.J.S.A. 40:55D-34, 40:55D-35 and 40:55D-36.
(9)
One hundred twenty days for a variance application
pursuant to N.J.S.A. 40:55D-70c or d.
(10)
One hundred twenty days for an appeal to the
Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70a.
B.
If an application for development includes a simultaneous
request for a variance pursuant to N.J.S.A. 40:55D-70c or d, the Board
must grant or deny approval within 120 days of submission of a complete
application.
C.
If the Board of Adjustment has granted a variance
pursuant to N.J.S.A. 40:55D-70d and is considering a separate subsequent
application for a site plan or subdivision approval, the applicable
time period for the subsequent application shall apply.
D.
In the event that there is no action taken by the
Board within the time period provided for herein, said Board shall
be deemed to have granted approval of the application.
[Added 3-26-1992 by Ord. No. 92-17]
A.
At the request of the applicant, the Planning Board
shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. The amount of any fees for such an informal review
shall be a credit toward fees for review of the application for development.
The developer shall not be bound by a concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review.
B.
The applicant for informal or conceptual review shall
submit to the Board of Jurisdiction a plan containing the information
set forth on the checklist within this chapter. In order for the application
to be deemed complete and listed for hearing, the applicant shall
supply the information required herein, together with the general
administrative checklist requirements, unless waivers of the submission
requirements are granted or unless the Board authorizes the application
to be listed for hearing.
[Added 3-26-1992 by Ord. No. 92-17; amended 12-9-1993 by Ord. No. 93-101; 6-8-1995 by Ord. No. 95-24; 7-27-2006 by Ord. No. 2006-39; 2-9-2012 by Ord. No. 2012-04]
A.
The applicant for a variance pursuant to N.J.S.A. 40:55D-70c or d
shall submit a plan containing the minimum information set forth in
this section. In order for the application to be deemed complete and
listed for hearing, the applicant shall submit the information required
herein, together with the general administrative checklist requirements
and fees, unless waivers of the submission requirements are granted
or unless the Board authorizes the application to be listed for hearing.
The applicant shall submit the following information:
(1)
Application.
(2)
Certificate of paid taxes from the Tax Collector's office.
(3)
Except for an application on an accessory structure for a single-family
home, a two-hundred-foot-radius map showing the relationship to all
affected lands, structures and the property in question. The plan
shall be notarized, if prepared by the applicant, as to the truthfulness
and accuracy thereof or be certified by an engineer or land surveyor
licensed to do business in the State of New Jersey. No combined plot
plan and two-hundred-foot-radius maps will be accepted.
(4)
Plans or rendering for the intended use or variance, showing any
building or structure to be erected, with an elevation of each side
of the building being shown. If a new principal structure is proposed,
including a structure on an undersized lot, a set of plans that demonstrates
compliance and adequately describes its appearance so as to allow
the Board to determine its compatibility with the character of the
surrounding district.
(5)
A certified list of property owners within 200 feet of the subject
property obtained from the Tax Assessor's office.
(6)
Form of notice to be mailed certified to all property owners within
200 feet at least 10 days prior to the public hearing.
(7)
Affidavit of service with the attached postmarked certified mailing
receipts.
(8)
Proof of notice to the general public, which notice must be given
by publication in the official newspaper of the Board at least 10
days prior to the public hearing.
(9)
Photographs of the property in question and structures within 200
feet and displayed in the format provided by the Board.
B.
A plot plan of the lot in question, prepared by a licensed land surveyor
or engineer, clearly depicted on a sheet size no smaller than 8 1/2
inches by 11 inches, drawn to an appropriate scale, not greater than
one inch equals 50 feet, which shall include the following:
(1)
Eleven copies of a plot plan of the property in question based on
a survey prepared by a licensed land surveyor or engineer containing
sufficient information regarding the application, drawn to scale,
showing applicable setbacks, elevation, lot size, lot coverage and
other bulk requirements:
(2)
For all applications, except additions or improvements to existing
single-family dwellings, the following additional information is required:
(a)
A current survey of the property with the lot, metes and bounds,
and the direction and distance to the nearest intersecting street.
(b)
All existing or proposed easements and/or lands dedicated to
public use.
(c)
All existing or proposed buildings and structures, with all
dimensions and with front, side and rear yard setback dimensions indicated,
and with required setback lines shown.
(d)
All buildings and structures located on all adjacent properties
with dimensions and setbacks noted.
(e)
Any existing or proposed sidewalks and driveways.
(f)
The name of the street(s) and the composition of the surfaces
of the street(s) which the lot abuts.
(g)
Sufficient street elevations (center-line, gutter and top-of-curb,
if applicable) and existing and proposed lot elevations specifying
those for the finished first-floor and garage-floor elevations of
the proposed structure related to the abutting street elevations.
The lowest floor of any structure, including garage, first floors
and any floor area intended as usable space other than area conforming
to the definitions set forth in the IBC (International Building Code),
Uniform Construction Code, and according to NAVD (North American Vertical
Datum of 1988), and the source of datum so noted.
(h)
Drainage flow arrows shall be provided to clearly depict the
directions of stormwater runoff.
(i)
If applicable, grading or the creation of sump conditions on
adjacent lots shall be shown together with permission specifically
granted by the owner of said adjacent lots.
(j)
The limits of clearing and soil disturbance, any trees to be
saved and, in general, the requirements as specified in the Lacey
Township Tree Ordinance (Chapter 98).
(k)
The location of any freshwater wetlands or statement on the
plan that none exist.
C.
For currently undeveloped properties which require variances by virtue
of being undersized, including undersized properties that have had
dwellings demolished and are thereby considered undeveloped, the following
information is required in addition to that preceding:
(1)
Information in the form of title binders or similarly constructed
documents which clearly trace the chain of ownership of the property
from the adoption of the Zoning Ordinance which made the property
nonconforming. All documents shall be duly signed and sealed by the
owner, purchaser and/or applicant and shall be duly witnessed by a
Notary Public of the State of New Jersey.
(2)
Contract of sale for the property should it be under contract for
purchase.
(3)
A grading and stormwater management plan prepared in accordance with
the following standards and requirements:
(a)
Methods or provisions to abate or prevent any adverse surface
drainage or stormwater runoff impacts or conditions to adjacent and/or
downstream lots.
(b)
Drainage calculations using the United States Department of
Agriculture Soil Conservation Service TR-55 analyses for the twenty-five-year-frequency
rainfall of 6.2 inches in 24 hours. Calculations indicating capacities
requiring volumes and rates of recharge shall be prepared and certified
by a New Jersey licensed professional engineer.
(4)
Certification. Prior to the issuance of any certificate of occupancy
to any dwelling, the developer or holder of the building permit shall
cause to have the lot grading and stormwater management plan certified
by a New Jersey licensed professional engineer that the final as-built
grading and construction on the lot is in compliance with the approved
plan.
D.
For properties which require variances by virtue of not abutting an improved street, the following information is required in addition to that contained in Subsections A and B:
(1)
Submission requirements. The following items are required upon submission
of a variance application seeking relief pursuant to N.J.S.A. 40:55D-36
for properties not fronting on an improved street. These items are
in addition to any other plot plan or submission requirements for
variance or general construction permit application. All plans and
calculations must be signed and sealed by a professional engineer
licensed to practice in the State of New Jersey.
(a)
Plan and profile of the proposed access road extending at minimum
to the center line of the nearest intersection beyond the property
proposed to be developed. (The plan and profile shall be based on
a survey and topography of the road extending at minimum across its
entire right-of-way width.)
(b)
Constriction details.
(c)
Road restoration details for any existing roads that will be
disturbed during improvement of the proposed access road in question.
(d)
All utilities within 100 feet of the proposed access road shall
be shown.
(e)
All existing stormwater management facilities that would be
affected by the access road and all proposed stormwater management
facilities that are necessitated by the improvement of the Township
of Lacey.
(f)
Stormwater calculations in conformance with the stormwater management
requirements of the Township of Lacey.
(g)
Referral of the application, plans and calculations to the Department
of Public Works for reviews by the Director and the Township Engineer
as to the suitability of the proposed access to the subject property
or properties meeting the following standards:
[1]
Access for fire-fighting equipment, ambulances and other emergency
vehicles.
[2]
Access for public works purposes, including but not limited
to collection of trash and recyclables, snow plowing and general maintenance.
[3]
Protection of health and safety.
[4]
Protection of any future street layout shown on the Official
Map or the Circulation Element of the Township Master Plan. Letters
from the individual emergency service organizations or contractors
providing public works services will not be accepted. Any specific
comment on behalf of an applicant must be by a sworn witness providing
testimony at a public hearing.
(2)
Construction requirements. Upon approval of any variance for properties
not fronting on an improved street and after any necessary compliance
reviews by the Board of Adjustment Engineer, the following items are
required to be submitted to the Department of Public Works for a road
building permit for any road improvement requirements imposed by the
Board's approval:
(a)
Board of Adjustment resolution of approval.
(b)
Final compliance review letter and construction cost estimate,
as prepared by the Board Engineer.
(c)
Road improvement application form.
(d)
Road improvement application fee.
(e)
Performance guaranty.
(f)
Inspection fees.
(g)
Certificate of liability insurance.
(h)
Plan showing any required detours.
(i)
Schedule of operations indicating anticipated dates of street
openings.
(j)
A written statement indicating the disposition of any excess
materials generated by the project and proof that said disposition
is in accordance with all applicable statutes.
E.
Additional requirements.
(1)
Any applications for subdivision or site plan approval must comply
with the checklist for completion approved by the Planning Board for
the respective application. A copy of the approved checklist is on
file with the Planning Board Secretary.
(2)
No road building permit will be issued to any applicant unless written
approval or letters of exemption have been obtained from the Lacey
Municipal Utilities Authority and the Ocean County Soil Conservation
District.
