[1]
Editor's Note: The title of this article was changed from "Provisions Applicable to Both Planning Board and Zoning Board of Adjustment" to "Provisions Applicable to Planning Board" 10-26-2021 by Ord. No. 2021-12.
[Amended 10-26-2021 by Ord. No. 2021-12]
No member of the Planning Board 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 nor participate in any discussion or decision on relating thereto.
A. 
Meetings of the Planning Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
[Amended 10-26-2021 by Ord. No. 2021-12]
B. 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to the Board's 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. 
Voting. All actions shall be taken by a majority vote of the members present at the meeting, except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application.
[Amended 3-25-1980; 8-26-1986]
E. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, c. 231, P.L. 1975.[1] An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[1]
Editor's Note: See N.J.S.A. 10:4-6 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 3-25-1980; 8-26-1986; 10-26-2021 by Ord. No. 2021-12]
Fees or charges for the submission of applications or for rendering of any service by the Planning Board or any member of their administrative staff for the review of an application for development, for inspections or for taking of appeals shall be set forth in any general fee ordinance of the township or as established in any ordinance regulating the use and development of land. Any fee paid in connection with an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development shall be a credit towards fees for the review of the application for development.
A. 
Rules. The Planning Board may make rules governing the conduct of hearings before such body, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
[Amended 10-26-2021 by Ord. No. 2021-12]
B. 
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.
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 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.
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 Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
[Amended 10-26-2021 by Ord. No. 2021-12]
F. 
When any hearing before the Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or a recording of the meeting from which he was absent and certifies, in writing, to the Board that he has read such transcript or listened to such recording.
[Amended 10-26-2021 by Ord. No. 2021-12]
[Amended 3-25-1980; 8-26-1986; 3-31-1992; 8-31-1993]
Whenever a hearing is required on an application for development or an interpretation of the Zoning Ordinance,[1] the applicant shall give notice thereof as follows:
A. 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
B. 
Notice to adjoining property owners.
(1) 
Notice shall be given to the owners of all real property located in this state as shown on the current tax duplicate or duplicates within 200 feet in all directions of the property which is the subject of such hearing, and whether located within or without the township. Such notice shall be given by:
(a) 
Serving a copy thereof on the owner, as shown on said current tax duplicate's, or his agent in charge of the property; or
(b) 
Mailing a copy thereof by certified mail to the property owner at his address, as shown on said current tax duplicate or duplicates.
(2) 
The above requirements shall be deemed satisfied, where condominiums or horizontal property regimes are within 200 feet of the applicant's property, by making service in the following manner:
(a) 
If the applicant's property abuts a condominium and the owner of any unit is within 200 feet of the applicant's property and said unit has a unit above or below it, by giving notice to the condominium association.
(b) 
If the applicant's property abuts a horizontal property regime and an apartment of the co-owner is within 200 feet of the applicant's property and such apartment has an apartment above or below it, by giving notice to the horizontal property regime.
(c) 
If the applicant is the owner of a condominium unit or co-owner of an apartment, notice shall be given to all other unit owners or apartment co-owners within 200 feet of the unit or apartment owned or co-owned by the applicant.
(3) 
A return receipt is not required. Notice to a partnership owner may be made upon any partner. 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.
C. 
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 § 15-30B 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 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.
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 Planning Commission 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 Township Clerk pursuant to N.J.S.A. 40:55D-10.
G. 
Notice to utilities and cable companies.
(1) 
In connection with an application for a major subdivision or a site plan not defined as a minor site plan under the Municipal Land Use Law, pursuant to the provisions of N.J.S.A. 40:55D-12, notice shall be given by personal service or certified mail to the corporate secretary of all public utilities and the general manager of all cable television companies that own land or any facility or that possess a right-of-way or easement within 200 feet in all directions of the property which is the subject of such hearing.
(2) 
An applicant seeking approval of a development which does not require notice shall be required to provide notice by personal service or certified mail to the corporate secretary of any public utility and the general manager of any cable television company that possesses a right-of-way or easement situated within the property limits of the property which is the subject of the application for development.
H. 
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 Board holding the hearing on the application for development.
I. 
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.
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; the identification of the property proposed for development by street address, if any, or 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 as required by law.
K. 
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 Municipal Clerk.
L. 
Exceptions. Notice pursuant to Subsections C, D, E, F and G of this section shall not be required unless public notice pursuant to Subsections A and B of this section is required. Notice under Subsections A and B is not required for applications for minor subdivisions, final major subdivision applications or minor site plan applications pursuant to N.J.S.A. 40:55D-12, Subsection a, N.J.S.A. 40:55D-46.1, N.J.S.A. 40:55D-47 and N.J.S.A. 40:55D-50.
[1]
Editor's Note: See Ch. 108, Zoning.
[Added 11-27-1984]
An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless the application lacks information indicated on a checklist as hereinafter specified, a copy of which shall have been provided to the applicant, and unless the municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The 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 the 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 agency. The checklist requirements for application for development are as follows:
A. 
Checklist for all applications for development: See Schedule A attached to and made a part of this chapter.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
B. 
Additional checklist requirements for minor site plan, minor subdivision, preliminary site plan, preliminary major subdivision, final site plan and final major subdivision: See Schedule B attached to and made a part of this chapter.[2]
[2]
Editor's Note: Schedule B is included at the end of this chapter.
C. 
Additional checklist requirements for appeals pursuant to N.J.S.A. 40:55D-70a, for ordinance or map interpretations or special questions under N.J.S.A. 40:55D-70b, for variances under N.J.S.A. 40:55D-70c and N.J.S.A. 40:55D-70d, for Planning Variances pursuant to N.J.S.A. 40:55D-34 and 40:55D-36 and for conditional uses: See Schedule C attached to and made a part of this chapter.[3]
[3]
Editor's Note: Schedule C is included at the end of this chapter.
D. 
Checklist requirements for conditional use applications.[4]
[Added 7-25-1989]
[4]
Editor's Note: See Schedule D, which is included at the end of this chapter.
[Amended 3-25-1980]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the township shall, within seven days after receipt of a request therefor and upon receipt of payment of a sum not to exceed $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and address of owners to whom the applicant is required to give notice pursuant to § 15-30B of this chapter.
A. 
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution shall include findings of fact and legal conclusions based thereon.
B. 
A copy of the decision shall be mailed by the Board within 10 days of the date of 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 Municipal Clerk, 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.
C. 
The municipal agency 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 municipal agency shall provide the findings and conclusions through:
[Added 3-25-1980; amended 11-27-1984]
(1) 
A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development; or
(2) 
A memorializing resolution adopted at a meeting held no later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by N.J.S.A. 40:55D-10h and 55D-10i. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency 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 municipality.
D. 
Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which the action occurs within the applicable time period for rendering a decision on the application.
[Added 3-25-1980]
[Amended 10-26-2021 by Ord. No. 2021-12]
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[Amended 10-26-2021 by Ord. No. 2021-12]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments 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.
[Added 3-25-1980]
A. 
A corporation or partnership applying to a municipal agency 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 or for garden apartments or townhouses 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.
[Amended 7-31-1984]
B. 
If a corporation or partnership owns 10% or more of a stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A of this section, 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 the case may be, 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 ten-percent-ownership criterion have been listed.
[Added 11-27-1984]
A. 
Conditions precedent.
(1) 
Whenever any application for development is approved subject to specified conditions intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions are fulfilled within six months of the date of conditional approval.
(2) 
The fulfillment of all conditions precedent shall be reported in writing to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be assigned or any required building permit, occupancy permit or zoning permit be issued.
B. 
Conditions subsequent. Whenever any application for development is approved subject to conditions, which by their terms are incapable of being fulfilled, or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such condition within six months from the date of the final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled.
C. 
Nothing herein contained shall be construed as preventing the municipal agency from specifying a longer period of time within which any specific condition must be fulfilled, or from granting, upon an ex parte application, an extension of time for fulfilling a condition for good cause shown.
D. 
The fulfillment of all conditions shall be reported in writing to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit, zoning permit or other required approval be issued.
[Added 11-27-1984; amended 12-12-1989]
A. 
The reviewing municipal board may require the applicant to submit an environmental impact statement in accordance with the requirements of the Hampton Township ordinances if, in the opinion of the reviewing municipal board, the information contained in the environmental impact statement is required in order to make a decision on the application. However, an environmental impact statement will be required in the following instances:
(1) 
Major subdivisions.
(2) 
When the property is classified as a planned development.
(3) 
Commercial and industrial developments.
(4) 
When the proposed use may have an adverse effect upon any of the categories listed below or these features of the development may produce an adverse impact upon the property or surrounding properties.
(a) 
Description of development and surrounding area.
(b) 
Sewage disposal effect.
(c) 
Water supply.
(d) 
Drainage.
(e) 
Refuse disposal.
(f) 
Air impact.
(g) 
Critical impact areas: streams, wetlands, extreme slopes and vegetation.
(h) 
Noise impact.
(i) 
Construction impact.
(j) 
Alternate measures.
(k) 
Marketability.
(l) 
Traffic impact.
B. 
Environmental impact statement. The environmental impact statement, when required, shall contain the following:
(1) 
Description of development.
(a) 
A plan and description of the building/development, including but not limited to the following:
[1] 
Existing contours based on accepted datum.
[2] 
Contours as constructed.
[3] 
Existing buildings on site and within 100 feet.
[4] 
New buildings.
[5] 
Existing roads.
[6] 
New roads.
[7] 
Paved areas and their fraction of total site.
[8] 
Natural streams or natural drainage within or adjacent to the property or within 100 feet of the property.
[9] 
The project's relation to surrounding property and utilities.
[10] 
The method and schedule of constructions, including grading and clearing (in accordance with Sussex County Soil Conservation District regulations).
[11] 
Proposed water use.
[12] 
Solid waste generation and disposal, including mitigation and recycling in compliance with New Jersey State Law.
[13] 
Proposed wastewater treatment.
[14] 
Noise generation or impact and use of buffers.
[15] 
Smoke or other air pollution generated by heating or business activities.
[16] 
Lighting characteristics, including placement of outside illumination, its coverage and provisions for illumination control in time and space.
[17] 
Solar encumbrance: shading and reflections from the structure in relation to adjacent properties.
(b) 
Inventory of existing environmental conditions which shall include:
[1] 
Surface and/or ground water quality, including but not limited to:
[a] 
pH.
[b] 
Chlorides.
[c] 
Hydrocarbons.
[d] 
Suspended solids.
[e] 
Other materials affecting water quality.
[f] 
Hydrology in the area of the site.
[g] 
Air quality.
[h] 
Noise characteristics and levels (with respect of N.J.D.E.P. standards and N.J.A.C. regulations 7:9, 7:27, 7:29 and subsequent amendments).
[i] 
Soils and properties thereof, including capabilities and limitations.
[j] 
Topography.
[k] 
Slopes.
[l] 
Slope stabilities.
[m] 
Terrain.
[n] 
On- and off-site sewer systems.
[o] 
Vegetation (type, density and location, particularly, of all trees).
[p] 
Architectural design and relation to adjacent structures.
[q] 
Historical and archaeological sites on property.
[r] 
Land use aesthetics.
(c) 
If the Township has prepared an environmental and historical or archaeological inventory in connection with its Master Plan or for other purposes, the applicant may rely upon that inventory under this section to the extent that the inventory is applicable to the property in question.
(2) 
Sewage facilities. It shall be shown that sewage can be disposed of through facilities adequate to preclude water pollution.
(a) 
The facility shall comply with state and municipal Board of Health regulations.
(b) 
The type or types and volume, of sewage effluent shall be specified.
(c) 
The type and method of treatment for the proposed treatment facility shall be described.
(d) 
If disposal is not to be in a stream, detailed data shall be supplied on underlying geology, plus a current and complete soil analysis, percolation tests for every five acres, elevation of the water table for each five acres if within 12 feet of proposed final contour or certification that it is not within 12 feet of proposed final contour and areas overlying, except that in aquifers, the requirement shall be 15 feet. This determination shall be made by an approved method by a professional engineer. The following information shall also be supplied:
[1] 
Topography.
[2] 
Location of aquifers.
[3] 
Depth and capacity of all wells within 500 feet of the site.
[4] 
Any other pertinent data.
(e) 
If disposal is off-site, the following information shall be supplied:
[1] 
Plant design capacity.
[2] 
Monthly average flows for the past 12 months.
[3] 
Enforcement action against plant.
[4] 
Capacity of the plant to treat industrial or commercial wastes, if applicable.
[5] 
Receiving water quality standards.
[6] 
Stream quality data from state, federal or private sources.
[7] 
Stream flow, minimum average seven-consecutive-day flow with a frequency of occurrence of 10 years.
[8] 
Plans for sewage treatment facility local plans.
[9] 
State regional planning policy, including interim basin plan.
[10] 
Flows expected from other approved subdivisions which are dependent upon sewage treatment facilities in question.
(f) 
The environmental impact statement shall contain a conclusion, by a qualified professional, as to the impact of the above-mentioned environmental elements.
(3) 
Water supply.
(a) 
It shall be shown that an adequate potable water supply is available and that drawing that supply shall not threaten the use of other land nearby.
[1] 
The plan shall be in compliance with federal, state and local regulations, and those regulations shall be set forth.
[2] 
If the supply is from public or private facilities off-site, the following data shall be supplied:
[a] 
The amount of diversion granted by the Division of Water Resources; maximum gallons of water pumped during any month.
[b] 
Present diversion; maximum gallons of water pumped during the past 24 months.
[c] 
Diversions expected from other approved subdivisions which are dependent upon the present diversion granted by the Division of Water Resources.
[3] 
If supply is from on-site sources, the following information shall be supplied:
[a] 
The location and depth of all private and public water supplies within 500 feet of the realty improvement.
[b] 
The location, depth and adequacy of proposed private or public water supplies to serve the proposed realty improvements and proposed water use.
[c] 
A geologic description of subsurface conditions, including expected groundwater yields, using published geologic reports or a report by a geologist.
[d] 
Hydrology in the area of the site, including existing water supply via sample wells and/or pump tests.
(b) 
No preliminary approval shall be granted until the Division of Water Resources has determined that the proposed water supply and sewage disposal facilities are adequate when such determination is requested by an appropriate Township body.
(4) 
Drainage. A demonstration that stormwater runoff from the site does not adversely affect downstream properties and the surrounding environment. At a minimum, this demonstration shall include the following information:
[Amended 4-11-2006 by Ord. No. 2006-7]
(a) 
Summary of impacts that the proposed development will have on the surrounding lands and resources. Specifically, the effects of the development on existing/proposed stormwater quantity, stormwater quality and groundwater recharge in conformance with the standards set forth in Chapter 109, Stormwater Control, shall be identified.
(b) 
Data on landscaping, vegetation, trees and ground cover existing on the site and compared with that proposed.
(c) 
Stream encroachments; permit as required by the New Jersey Department of Environmental Protection.
(d) 
Description of potential flood damages, including a summary of flood stages from state and federal sources.
(e) 
Submission of a sediment and erosion control plan, drawn in accordance with the guidelines and standards set forth by the State of New Jersey.
(5) 
Refuse disposal. There shall be a plan for refuse disposal in compliance with the state and Township requirements and codes.
(6) 
Air impact. It shall be shown that there are no deleterious effects to air quality caused by smoke, gases, discernible odors, deleterious chemical changes, particle matter or changes produced by heat, incineration or processing of materials. A chart showing before and after ambient air quality shall be submitted. Existing governmental standards shall be set forth along with a statement as to compliance or noncompliance.
(7) 
Critical impact areas. Plans and narratives shall describe any area, condition or feature which is environmentally sensitive or which would be adversely affected if disturbed during construction. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 20%, highly acid or highly erodible soils, areas of high water table, mature stands of native vegetation and aquifer recharge and discharge areas. The following information shall be supplied:
(a) 
A statement of impact upon critical areas and of adverse impact which cannot be avoided.
(b) 
A list of protective measures, procedures and schedules to minimize damage to critical impact areas.
(c) 
A listing of all adverse environmental impact that cannot be avoided.
(8) 
Noise impact. It shall be shown that the use shall not create a deleterious or objectionable noise, either on- or off-site. A chart shall be submitted indicating the ambient noise level measured in decibels, on-site and at property boundary lines. The noise generators shall be identified by type and decibel level.
(9) 
Construction impact. There shall be supplied a plan of construction, outlining timing and phasing, traffic generated, number of workers and any impact relating to noise, air, water or other relevant temporary changes in the natural environment.
(10) 
Alternative measures. As part of the environmental impact statement, consideration shall be given to reasonable alternatives obviating environmental impact problems. List the irretrievable and irreversible effects of the development upon the environment and discuss alternatives for amelioration of these effects.
(11) 
Marketability of proposed use. There shall be a description of how the proposed use of the site relates to the general market of similar uses in the township and the region within which the township is located.
(12) 
Traffic impact. There shall be a description of how the proposed use will affect the area's traffic volume and pattern. An estimate of the number of vehicle trips per day emanating from and entering onto the site shall be supplied along with the details of the method of computation.
(13) 
Fire protection. There shall be a description of the uses proposed at the site, a detailed description of any flammable or hazardous materials to be stored on or included in the construction of the site. Any materials emitting toxic or irritating fumes when burned shall be described in detail. All materials when burned requiring special measures or substances to extinguish the fire shall be described in detail, along with the appropriate method of extinguishing said materials when burned. The height of the proposed structure shall be considered, and the capabilities of the existing Township Fire Department shall be addressed along with the need for any additional fire fighting equipment.
(14) 
Police protection. The application shall address the need for any additional police protection, traffic direction or other township police services which will be required as a result of the development and the cost thereof.
(15) 
Emergency health services. The application shall describe in detail the need for emergency health services such as ambulances and first aid squads to serve the development. The need for any increase over the existing available services shall be outlined in detail, and the reasons for any such increase shall be set forth. If emergency health services will be utilized on a regular basis, a detailed computation of the frequency of the services required and the nature of the services required shall be included, along with the method of computation of same.
(16) 
Community impact. If the proposed development will have any impact on the community or on municipal services, a detailed description of the impact and its source, along with methods of dealing with the same, shall be included. The demographics and socioeconomics of the development shall be shown.
(17) 
Protection of freshwater wetlands and streams. In the event that there are freshwater wetlands or streams on the site, the applicant shall comply with the provisions of the township ordinance which is declared applicable to site plans and is incorporated herein by reference.
(18) 
Public costs. The statement shall include an evaluation of the public costs of the project, including but not limited to the cost of additional schools, roads, police protection, fire protection, costs of improvements to public utilities and all other public costs.
(19) 
Assessment of environment and community impact of the project. The impact of the project on the existing environment and on the community and community services and fiscal structure shall be shown, including but not limited to the following:
(a) 
The items set forth in Subsection B(2) through (18) of this section.
(b) 
Data submitted to other agencies and authorities, including but not limited to the N.J.D.E.P., Sussex County Health Department and the Sussex County Soil Conservation District, and a listing of all permits and licenses and approvals required and the status of each.
(c) 
Evaluation of environmental impacts during and after construction, including but not limited to:
[1] 
A list of all impact on or damages to the environment or natural resources on or off tract and a statement as to the duration of the same.
[2] 
Increase in noise.
[3] 
Damage to plants, trees and wildlife systems.
[4] 
Displacement or disruption of people, businesses, transportation and existing farms.
[5] 
Loss of open space.
[6] 
Increase in municipal services.
[7] 
Consequences to municipal tax structure.
[8] 
A list and description of measures taken to eliminate or mitigate adverse effects.
[Added 8-26-1986]
An applicant shall comply with the provisions of this section whenever the applicant wishes to claim approval of his application for development by reason of the failure of a municipal agency to grant or deny approval within the time periods specified in the Municipal Land Use Law and this chapter.
A. 
The applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice, by personal service or certified mail, of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to Subdivision a of N.J.S.A. 40:55D-12.
B. 
The applicant shall arrange publication of the notice of the default in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.
C. 
The applicant shall file an affidavit or proof of service and publication with the Secretary of the Planning Board.
[Amended 10-26-2021 by Ord. No. 2021-12]
[Added 10-26-2021 by Ord. No. 2021-12]
A. 
Any variance from the terms of this chapter hereafter granted by the Planning Board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance or unless such permitted use has actually been commenced within one year after the adoption of the resolution memorializing the Board's decision; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Planning Board to the governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
B. 
Notwithstanding the one-year limitation set forth in Subsection A of this section, any variance granted in conjunction with approval of an application for subdivision or site plan shall only expire concurrently with the expiration of the period of protection from the change of zoning for said approvals per the Municipal Land Use Law.