As used in this article, the following terms
shall have the meanings indicated:
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
Any subdivision of land not classified as a minor subdivision.
A development plan of one or more lots which does not propose the new construction of or any addition to a structure or building which will result in the building coverage of a property involved to be in excess of 5,000 square feet; or does not require a land area in excess of 10,000 square feet to be disturbed by construction; or does not involve planned development; or any new street or extension of any off-tract improvements which is to be prorated pursuant to § 175-124 of this chapter (N.J.S.A. 40:55D-42); and contains the information reasonably required in order to make an informed determination whether the requirements established by this chapter for the approval of a minor site plan have been met.
A subdivision of land for the creation of an aggregate of not more than four lots (three new lots plus the remaining lot), provided that such subdivision does not involve a planned development, any new streets or the extension of any off-tract improvements, the cost of which is to be prorated pursuant to § 175-124 of this chapter (N.J.S.A. 40:55D-42); and not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by any Board within the five years past and where the combination of the proposed and approved "minor subdivisions" constitute a major subdivision; and not being deficient in those details and specifications required herein of a "minor subdivision." Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices.
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets are created:
divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
divisions of property by testamentary or intestate provisions; divisions
of property upon court order, including but not limited to judgments
of foreclosure; consolidation of existing lots by deed or other recorded
instrument; and the conveyance of one or more adjoining lots, tracts
or parcels of land, owned by the same person or persons and all of
which are found and certified by the administrative officer to conform
to the requirements of this chapter and are shown and designated as
separate lots, tracts or parcels on the Tax Map or Atlas of the Township.
The term "subdivision" shall also include the term "resubdivision."
[Amended 5-21-1990 by Ord. No. O-11-90; 10-13-1998 by Ord. No. O-38-98; 2-8-2000 by Ord. No. O-2-2000; 7-25-2000 by Ord. No. O-26-2000; 9-23-2003 by Ord. No.
O-46-2003; 5-10-2011 by Ord. No. O:13-2011; 5-22-2012 by Ord. No. O:14-2012; 9-26-2016 by Ord. No. O:27-2016; 2-26-2018 by Ord. No. O:02-2018]
A.
Site plan review and approval shall be required before any new business
is commenced at a property, all or any portion of the type of business
or businesses changes at a property, change of use (primary or ancillary)
at a property, adding any use (primary or ancillary) at a property
or change of occupancy at a property, any construction, reconstruction,
reduction, conversion, structural alteration, relocation, rehabilitation
or enlargement of any building or any other structure at any property,
any mining, excavation, removal of soil, clearing of a site or placing
of any fill on property contemplated for development. Except as hereinafter
provided, no building permit or zoning permit shall be issued in connection
with any of the aforementioned matters unless and until site plan
approval is granted or waived by the reviewing board. No certificate
of occupancy shall be given unless all construction and development
fully conform to the plans as approved by the reviewing board.
B.
Exemptions.
(1)
Site plan review and approval shall not be required for:
(a)
Building permits for individual lot applications involving only
a detached one- or two-dwelling-unit building.
(b)
Accessory uses such as a private garage, unless it is part of
an apartment or townhouse project.
(c)
A sign for an existing use or structure which meets all applicable
zoning requirements as determined by the Zoning Officer.
(d)
Other building incidental to residential or agricultural land
use, provided that the proposed use is not a roadside stand.
(e)
In connection with the alteration or repair of an existing building
or use which is not either a detached one- or two-dwelling building
or agricultural use when the Zoning Officer determines that said alterations
or repair:
[1]
Will not result in additional lot coverage.
[2]
Will conform to the maximum and minimum building standards set
forth in the Zoning Ordinance.
[3]
Will not increase the number of required off-street parking
or loading spaces.
[4]
Is not proposed in connection with a use requiring conditional
use approval by the Planning Board.
(f)
All municipal structures defined in § 175-11 shall be exempt from this section. Any and all plans submitted for the alteration, repair or construction of a new facility shall be reviewed by the Planning Board to determine that said structures are in conformance with all of the requirements set forth in Chapter 175.
(g)
The reviewing board may waive site plan approval requirements,
and an application for development to co-locate wireless communications
equipment on a wireless communications support structure or in an
existing equipment compound shall not be subject to site plan review,
whenever it determines that the application meets the following requirements:
[1]
The wireless communications support structure shall have been
previously granted all necessary approvals by the appropriate approving
authority;
[2]
The proposed co-location shall not increase:
[a]
The overall height of the wireless communications
support structure by more than 10% of the original height of the wireless
communications support structure;
[b]
The width of the wireless communications support
structure; or
[c]
The square footage of the existing equipment compound
to an area greater than 2,500 square feet;
[3]
The proposed co-location complies with the final approval of
the wireless communications support structure and all conditions attached
thereto and does not create a condition for which variance relief
would be required pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1
et seq.), or any other applicable law, rule or regulation.
[4]
CO-LOCATE
EQUIPMENT COMPOUND
WIRELESS COMMUNICATIONS EQUIPMENT
WIRELESS COMMUNICATIONS SUPPORT STRUCTURE
Definitions. As used in this article, the following terms shall
have the meanings indicated:
To place or install wireless communications equipment on
a wireless communications support structure.
An area surrounding or adjacent to the base of a wireless
communications support structure within which is located wireless
communications equipment.
The set of equipment and network components used in the provision
of wireless communications services, including, but not limited to,
antennas, transmitters, receivers, base stations, equipment shelters,
cabinets, emergency generators, power supply cabling, and coaxial
and fiber optic cable, but excluding wireless communications support
structures.
A structure that is designed to support, or is capable of
supporting, wireless communications equipment, including a monopole,
self-supporting lattice tower, guyed tower, water tower, utility pole,
or building.
[5]
In the event that an application for development to co-locate wireless communications equipment on a wireless communications support structure or in an existing equipment compound cannot satisfy the exemption requirements of this section, the application shall be subject to site plan review and shall be required to meet the requirements of § 175-151.1.
(2)
This shall not limit the requirements for submission and approval
of subdivision plats as otherwise required by this chapter.
C.
If an applicant's proposal requires site plan review and approval under § 175-54A above, an applicant shall be entitled to apply for a site plan waiver. In connection with any application made for a site plan waiver, the reviewing board shall have the right, in its sole and absolute discretion (but not the obligation), to waive the site plan review and approval requirements and to grant a site plan waiver whenever it determines that an applicant's proposal, which otherwise would require site plan review and approval under § 175-54A above, is a modest change, as determined by the reviewing board in its sole and absolute discretion, and is satisfactory to the reviewing board in its sole and absolute discretion. Any applicant desiring a site plan waiver under this provision shall present sufficient evidence to the reviewing board to reach such conclusions as would permit a site plan waiver. This evidence shall consist of any reasonable requests for information or documentation as the reviewing board may require. In connection with any site plan waiver hearing, the reviewing board may consider, and may condition the approval of any site plan waiver upon, matters which are generally considered during a site plan review, including, but not limited to, issues related to landscaping, parking, circulation, traffic, lighting, vegetation, signage, safety, utility services and buffering. The reviewing board may also elect to condition the approval of any site plan waiver upon the applicant furnishing an additional escrow with the reviewing board of not more than $1,000 in connection with the review and involvement by the Township's zoning officer and/or board's planner with any conditions of approval such as, but not limited to, conditions related to landscaping. The reviewing board may also elect to condition the approval of any site plan waiver upon the applicant entering into a developer's agreement with the Township as set forth in § 175-55 below. To the extent that an applicant's waiver of site plan application is denied by a reviewing board, such applicant shall be entitled to subsequently apply to such reviewing board for site plan review and approval in connection with the same proposal.
D.
Approval of subdivision plats by resolution of the Planning Board
shall be required as a condition for the filing of such plats with
the county recording officer.
E.
The zoning provisions of this chapter provide for conditional uses
which shall be granted by the Planning Board according to definite
specifications and standards as set forth clearly by ordinance. The
Planning Board shall have the power to review and approve or deny
conditional uses or site plans simultaneously with a review for subdivision
approval without the applicant being required to hold further hearings.
The longest time period for action by the Board, whether it be for
subdivision, conditional use or site plan approval, shall apply. Whenever
approval of a conditional use is requested by the applicant in conjunction
with a site plan or subdivision, notice of the hearing on the plat
shall include reference to the request for such conditional use.
F.
The Planning Board when acting upon applications for preliminary or minor subdivision or preliminary site plan approval shall have the power to grant such exceptions from the requirements of Article XIII, Design, Performance and Evaluation Standards, for subdivision approval or site plan as may be reasonable and within the general purpose and intent of the provisions for subdivision or site plan review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
G.
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval pursuant to this section whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to § 175-30A(4) of this chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the provisions of § 175-30A(4) shall not be required.
H.
The Planning Board may authorize a deviation from the final plan
if caused by a change of conditions beyond the control of the developer
since the date of final approval and if the deviation would not substantially
alter the character of the development or substantially impair the
intent and purpose of the Master Plan and Zoning Ordinance.
I.
No zoning permit or building permit shall be issued for minor or major subdivisions prior to the filing of the approved plots or deeds with the county recording officer. No zoning permit or building permit shall be issued for minor or major site plans prior to the signing of the final plans by the Planning Board Chairman and Planning Board Secretary. No building permits shall be issued for any development prior to the completion and acceptance by the Township Engineer of all required off-tract improvements. In no case shall a zoning permit or building permit be issued subsequent to the expiration date of final subdivision or site plan approval as prescribed in §§ 175-83 through 175-87.
[Added 10-23-2001 by Ord. No. O-31-2001; amended 4-28-2009 by Ord. No.
O:14-2009; 2-26-2018 by Ord. No. O:02-2018]
A.
Unless waived by the reviewing board, every applicant shall enter
into an agreement with the Township upon receiving final major subdivision
approval, final major site plan approval, minor subdivision approval,
minor site plan approval and/or waiver of site plan approval from
the Planning Board or Zoning Board (a "developer's agreement"). Such
developer's agreement shall relate to, but not be limited to, such
items as improvements to be installed by the developer, maintenance
and repairs, inspections, conditions of approval, types of guaranties
required from the applicant, phasing of the development and establishing
homeowners' association fees, complete with supporting documentation
to substantiate said fees, where applicable. Notwithstanding anything
to the contrary herein, the reviewing board upon granting an approval
shall have the right, in its sole and absolute discretion, to waive
the requirement that an applicant shall enter into a developer's agreement
with the Township.
B.
(Reserved)
C.
The developer's agreement shall be recorded by the applicant, and
a recorded copy of same, stamped by the County Clerk indicating the
date of submission to the Clerk for recording, shall be delivered
to the Township Clerk prior to the approved plans being signed by
the Clerk.
D.
If the applicant fails to fulfill any of the obligations set forth
in the developer's agreement within the time frames described therein,
the Township shall have all remedies available to it under law and
in equity, including, but not limited to, stopping work related to
the development and enforcing its rights under any performance guarantees
established pursuant to this chapter and/or the developer's agreement.
E.
The Township Zoning Officer and/or Township Engineer shall monitor
compliance by the development with the developer's agreement and shall
keep the Township informed of any breaches that occur and are not
cured as provided in the developer's agreement.
F.
The obligations of the applicant provided for in the developer's
agreement shall be binding on the successors and assigns of the applicant
and shall run with the land unless the Township, in writing, shall
release any such successor or assign from such successor liability.
[1]
Editor's Note: Former § 175-55,
Site Plan Review Advisory Board, was repealed 2-8-2000 by Ord. No.
O-3-2000.
A.
An applicant may request and the Planning Board shall
grant an informal review of a concept design plan for which an applicant
intends to prepare and submit an application for development. It is
strongly advised that applicants with either cluster or planned developments
submit under the provisions of this section.
B.
A concept design plan and the supporting documents
for a proposed development shall constitute the material to be officially
submitted to the Planning Board. Said plans and supporting documents
shall show a general informal design of the development and its public
improvements so that the Board can indicate its approval or disapproval
of the concept. Approval of the concept design plan does not constitute
an approval of the concept or plan, nor shall it be considered a valid
basis for the construction of improvements or for other commitments
which depend upon its design characteristics. Neither the applicant
nor the Board shall be bound by the plan or the review.
C.
Should such request be made by the applicant, submission
shall be made to the Planning Board Secretary, and the applicant shall
submit six copies of the concept design plan of the proposed development
and six copies of the preliminary plat application as hereinafter
set forth.
D.
No fee for concept review shall be required from the
applicant. However, the applicant and the Board may agree to an escrow
fee to be paid by the applicant to cover the cost of professional
services incurred by the Board for the review of the concept plan.
Said moneys shall be placed in escrow by the Board and may be used
for said services, including legal and engineering or other incidental
expenses of the Board.
E.
The Board shall review with the applicant the concept
design plan within 45 days of the date of submission. Upon written
consent of the applicant, the time period for review shall be extended
for additional periods of time to allow for additional review. Failure
to review or to extend the review within the applicable periods shall
not constitute an approval by the Board.
F.
Upon the Board completing its review of the concept
design plan, it shall return all but one copy of the proposed concept
design plan and application to the applicant with any written suggestions.
A formal motion at a meeting of the Board to return said documents
to the applicant shall stop any time periods from continuing to run.
In no event shall the concept design plan be considered to be a preliminary
plat for the purposes of deeming an application complete or approving
a preliminary plat.
[Added 10-28-2008 by Ord. No. O:39-2008; amended 4-14-2009 by Ord. No.
O:05-2009]
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 Planning Board prior to the granting of preliminary approval of that development as provided in § 175-59 of this chapter.
B.
For
a development located in the Pinelands Area of Monroe Township, a
certificate of filing must first be obtained. No application for general
development plan approval can be deemed complete without being accompanied
by a certificate of filing from the Pinelands Commission.
C.
The
Planning Board shall grant or deny general development plan approval
within 95 days after submission of a complete application or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
general development plan approval of the planned development.
D.
A general development plan shall contain all the information provided in § 175-66.1 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 Planning 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.
E.
The term of effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection F 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.
F.
In making
its determination regarding the duration of the effect of approval
of the development plan, the Planning Board shall consider the number
of dwelling units or the 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 Planning Board attaches to the approval thereof.
G.
In the
event that the developer seeks to modify the proposed timing schedule,
such modification shall require the approval of the Planning Board.
The Planning 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 Planning 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 Pinelands Commissions,
pursuant to N.J.S.A. 13:18A-1 et seq., or the Department of Environmental
Protection, pursuant to N.J.S.A. 13:19-1 et seq., shall be approved
by the Planning Board if the developer can demonstrate to the satisfaction
of the Planning Board that the variation being proposed is a direct
result of such determination by the Pinelands Commission or the Department
of Environmental Protection, as the case may be.
H.
Except
as provided hereunder, once the general development plan has been
approved by the Planning Board, it may be amended or revised only
upon application by the developer, approved by the Planning 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 the 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.
I.
The
Planning Board shall, in accordance with the provisions of N.J.S.A.
40:55D-45.7, certify completion 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.
J.
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.
This section shall apply only to that area of Monroe
Township designated as being within the Pinelands Area in accordance
with the New Jersey Pinelands Protection Act of 1979, N.J.S.A. 13:18A-1
to 18A-29.
B.
For the purposes of this section, development shall
be defined as the change of or enlargement of any use or disturbance
of any land, the performance of any building or mining operation,
the division of land into two or more parcels and the creation or
termination of rights of access or riparian rights, including but
not limited to:
(1)
A change in type of use of a structure or land.
(2)
A reconstruction, alteration of the size or material
change in the external appearance of a structure or land.
(3)
A material increase in the intensity of use of land,
such as an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land.
(4)
Commencement of resource extraction, drilling or excavation
on a parcel of land.
(5)
Demolition of a structure or removal of trees.
(7)
Deposit of refuse, solid or liquid waste or fill on
a parcel of land.
(8)
In connection with the use of land, the making of
any material change in noise levels, thermal conditions or emissions
of waste material.
(9)
Alteration, either physically or chemically, of a
shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands
or artificial body of water.
C.
No person shall carry out any development within the Pinelands Area without obtaining approval from an approved agency and without obtaining development approval in accordance with the procedures set forth in this chapter. Except as provided in Subsection D below, the following shall not be subject to the procedures set forth in this chapter:
[Amended 10-3-1988 by Ord. No. O-21-88; 1-22-2018 by Ord. No.
O:43-2017]
(1)
The improvement, expansion or reconstruction, within
five years of destruction or demolition, of any single-family dwelling
unit or appurtenance thereof.
(2)
The improvement, expansion, construction or reconstruction
of any structure accessory to a single-family dwelling.
(3)
The improvement, expansion, construction or reconstruction
of any structure used exclusively for agricultural or horticultural
purposes.
(4)
The construction, repair or removal of any sign, except
for the construction or replacement of any off-site commercial advertising
sign.
(5)
The repair of existing utility distribution lines.
[Amended 4-28-1997 by Ord. No. O-27-97]
(6)
The clearing of less than 1,500 square feet of land.
(7)
The construction of any addition or accessory structure
for any nonresidential use or any multifamily residential structure,
provided that:
[Amended 10-3-1988 by Ord. No. O-21-88; 9-10-2018 by Ord. No.
O:23-2018]
(a)
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
(8)
The demolition of any structure that is less than
50 years old.
(9)
The installation of utility distribution lines, except
for sewage lines, to serve areas which are effectively developed or
development which has received all necessary approvals and permits.
[Added 4-28-1997 by Ord. No. O-27-97]
(10)
The repair or replacement of any existing on-site
wastewater disposal system.
[Added 4-28-1997 by Ord. No. O-27-97]
(11)
The repaving of existing paved roads and other
paved surfaces, provided no increase in the paved width or area of
said roads and surfaces will occur.
[Added 4-28-1997 by Ord. No. O-27-97; amended 9-10-2018 by Ord. No. O:23-2018]
(12)
The clearing of land solely for agricultural
or horticultural purposes.
[Added 4-28-1997 by Ord. No. O-27-97; amended 9-10-2018 by Ord. No. O:23-2018]
(13)
Fences, provided that no more than 1,500 square
feet of land is to be cleared.
[Added 4-28-1997 by Ord. No. O-27-97]
(14)
Aboveground telephone equipment cabinets.
[Added 4-28-1997 by Ord. No. O-27-97]
(15)
Tree pruning.
[Added 4-28-1997 by Ord. No. O-27-97]
(16)
The following forestry activities:
[Added 4-28-1997 by Ord. No. O-27-97]
(a)
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size.
(b)
Tree harvesting, provided that no more than
one cord of wood per five acres of land is harvested in any one year
and that no more than five cords of wood are harvested from the entire
parcel in any one year.
(c)
Tree planting, provided that the area to be
planted does not exceed five acres in any one year, no soil disturbance
occurs other than that caused by the planting activity and no trees
other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
(d)
Forest stand improvement designed to selectively
thin trees and brush, provided that no clearing or soil disturbance
occurs and that the total land area on the parcel in which the activity
occurs does not exceed five acres in any one year.
(17)
Prescribed burning and the clearing and maintaining
of firebreaks.
[Added 4-28-1997 by Ord. No. O-27-97]
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 175-70B(3), 175-72C(3) or 175-147D.
[Added 4-28-1997 by Ord. No. O-27-97]
(19)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 9-10-2018 by Ord.
No. O:23-2018]
(20)
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50- 5.4(c)6.
[Added 9-10-2018 by Ord.
No. O:23-2018]
(21)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 9-10-2018 by Ord.
No. O:23-2018]
(22)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 9-10-2018 by Ord.
No. O:23-2018]
D.
The exceptions contained in Subsection C above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
[Added 10-3-1988 by Ord. No. O-21-88]
E.
Nothing herein shall preclude any municipal or state
agency from reviewing, in accordance with the provisions of any applicable
ordinance or regulation, any proposed development which does not require
an application to the Pinelands Commission pursuant to this section.
[Added 10-3-1988 by Ord. No. O-21-88]
F.
Application requirements for minor development. Any
application for approval of minor development shall include at least
the following information:
(1)
The applicant's name and address and his interest
in the subject property.
(2)
The owner's name and address, if different from the
applicant's, and the owner's signed consent to the filing of the application.
(3)
The legal description, including block and lot designation
and street address, if any, of the subject property.
(4)
A description of all existing uses of the subject
property.
(5)
A brief written statement generally describing the
proposed development.
(6)
A United States Geological Survey quadrangle map,
or copy thereof, and a copy of the municipal tax map sheet on which
the boundaries of the subject property and the Pinelands management
area designation and the zoning designation are shown.
(7)
A plat or plan showing the location of all boundaries
of the subject property, the location of all proposed development
and existing or proposed facilities to provide water for the use and
consumption of occupants of all buildings and sanitary facilities
which will serve the proposed development. The following information
shall be included, with respect to existing or proposed sanitary facilities:
(a)
On-site treatment facilities: location, size,
type and capacity of any proposed on-site wastewater treatment facilities.
(b)
Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable locations, with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 175-149.
(8)
A location map, including the area extending at least
300 feet beyond each boundary of the subject property, showing ownership
boundary lines, the boundary of the proposed development, owners of
holdings adjoining and adjacent to the subject property, existing
facilities, buildings and structures on the site, all proposed development,
wetlands, streams (including intermittent streams), rivers, lakes
and other water bodies and existing roads.
(9)
A soils map, including a county soils survey which
conforms to the guidelines of the United States Department of Agriculture
Soil Conservation Service, showing the location of all proposed development.
(10)
A map showing existing vegetation, identifying
predominant vegetation types in the area and showing proposed landscaping
of the subject property, including the location of the tree line before
and after development and all areas to be disturbed as a result of
the proposed development.
(11)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the interim rules and regulations.
G.
Application requirements for other development.
[Added 10-3-1988 by Ord. No. O-21-88]
(1)
All applications for major development, other than
forestry and resource extraction operations, shall be accompanied
by the information required in N.J.A.C. 7:50-4.2(b)5, as well as the
following:
(a)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34, or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the interim rules and regulations.
A.
Minor subdivision plats, plans, applications and required
attachments shall be submitted where the applicant proposes a subdivision
that meets the definitional requirements of a minor subdivision.
B.
The applicant shall submit to the Board Secretary
the following items:
(2)
Three completed copies of both the Township, and county
applications.
(3)
Four copies of any protective covenants or deed restrictions
applying or to be applied to the subject land.
(4)
The application and/or escrow fee and fee agreement in accordance with § § 175-48 and 175-49 of this chapter.
(5)
For a development located in the Pinelands Area of Monroe Township, application requirements in accordance with § 175-57F.
[Amended 10-3-1988 by Ord. No. O-21-88]
(6)
A certification by the Tax Collector's office that
no taxes or assessments for local improvements are due or delinquent
on the subject property.
(7)
If applicable, certification of corporation or partnership involvement as per § 175-44B of this chapter.
(8)
Any additional documents as may be requested on the
applicable application form as are reasonably necessary to make an
informed decision whether the requirements for approval of an application
for development have been met.
C.
The Board Secretary shall, immediately upon receipt,
note the date of receipt, mark the documents "filed" and assign a
file number. Once a file number has been assigned, such number must
be placed by the applicant on all papers, maps, plats and other documents
submitted.
[Amended 11-21-1984 by Ord. No. O-26-84]
D.
The Board Secretary shall immediately forward one
copy of all items submitted by the applicant to the Board Engineer
and one copy of the application form, together with five copies of
the plans, to the County Planning Board.
[Amended 11-21-1984 by Ord. No. O-26-84; 8-12-1997 by Ord. No. O-40-97]
E.
The Board Engineer shall review all aspects of the
application for development, including a review as to completeness
of the application.
[Amended 11-21-1984 by Ord. No. O-26-84]
F.
The Board Engineer shall expeditiously report his
findings, in writing, to the Board.
[Amended 11-21-1984 by Ord. No. O-26-84]
G.
Upon receipt of the Board Engineer's report and within the applicable time period, the Board shall first determine whether a complete application has been submitted in accordance with § 175-37B of this chapter.
[Amended 11-21-1984 by Ord. No. O-26-84]
H.
If the application is found to conform to the definition of a "minor subdivision" and to be complete, the Board shall formally determine that a complete application has been submitted and shall also waive the requirements for public notice and hearing. Upon a determination of completeness of an application for development in the Pinelands Area of Monroe Township, notice shall be given by the Board to the Pinelands Commission in accordance with § 175-39B.
[Amended 11-21-1984 by Ord. No. O-26-84; 10-3-1988 by Ord. No. O-21-88]
I.
The Board shall determine the completeness of an application
and, if said application is determined to be complete, grant or deny
the application within 45 days of the date of submission of the application
to the Board Secretary. However, upon finding the application to be
incomplete, all time periods will be tolled and no further action
may be taken until a resubmission.
[Amended 11-21-1984 by Ord. No. O-26-84]
J.
Notice of any hearing, public meeting or other formal proceeding at which the Board will consider an application for minor subdivision within the Pinelands Area of Monroe Township shall be given by the Board to the Pinelands Commission, in writing, not less than five days prior to such meeting, hearing or proceedings; said notice shall be in accordance with § 175-39B.
[Amended 11-21-1984 by Ord. No. O-26-84; 10-3-1988 by Ord. No. O-21-88]
K.
Where the remaining portion of the original tract
is of sufficient size to be subdivided further, the applicant may
be required to submit a concept plat of the entire remaining portion
of the tract to indicate a feasible plan whereby the applied for subdivision,
together with subsequent subdivision(s), may be submitted that will
not create, impose or aggravate or lead to any such adverse effect.
[Amended 11-21-1984 by Ord. No. O-26-84]
L.
Approval.
(1)
The Board shall act upon the application upon being satisfied that it has sufficiently reviewed the application, that its professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request to the Board and that the interests of other interested persons have been considered. In all cases, however, an application for minor subdivision approval shall be granted or denied, by resolution of the Board, within 45 days of the date of determination that a complete application was submitted to the Board or within such further time as may be consented to by the applicant. The decision and resolution of the Board shall be in accordance with § 175-42 of this chapter (N.J.S.A. 40:55D-10g through i).
[Amended 11-21-1984 by Ord. No. O-26-84]
(2)
Minor subdivision approval shall be deemed to be a final approval by the Board; except that, in the Pinelands Area of Monroe Township such final approval shall not take effect until the requirements of § 175-63 have been satisfied.
[Amended 11-21-1984 by Ord. No. O-26-84]
(4)
Whenever review or approval of the application by
the Gloucester County Planning Board is required by N.J.S.A. 40:27-6.3,
the Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the Gloucester
County Planning Board or approval by the Gloucester County Planning
Board by its failure to report thereon within the required time period.
[Amended 11-21-1984 by Ord. No. O-26-84]
(5)
Failure of the Board to act within the period prescribed
shall constitute approval, and a certificate of the Board Secretary
as to the failure of the Board to act shall be issued on request of
the applicant. Such certificate shall be sufficient in lieu of the
written endorsement or other evidence of approval as herein required
and shall be accepted by the Gloucester County Clerk for purposes
of filing subdivision plats.
(6)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits. Notification of any such approval shall be made to the Pinelands Commission pursuant to § 175-39C and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N..J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting subdivision approval or, if no such approval is required, prior to the issuance of any construction permit.
[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97; 8-14-2001 by Ord. No. O-22-2001]
(7)
Whenever any application for minor subdivision approval
is approved subject to specified conditions intended to be fulfilled
before the approval becomes effective ("conditions precedent"), said
conditional approval shall lapse and become null and void unless all
specified conditions precedent are fulfilled within 90 days of the
date of conditional approval. The fulfillment of all conditions precedent
shall be reported, in writing, by the applicant to the Secretary of
the reviewing Board granting such conditional approval, and the Secretary
may cause such reports to be verified in an appropriate manner. Only
upon fulfillment of all conditions precedent shall any subdivision
plat or deed describing the approved minor subdivision be signed and/or
any required zoning permit be issued. Nothing contained herein shall
be construed as preventing the reviewing Board, upon the submission
of an application, for good cause shown, from granting an extension
of the time from the original 90 days for the fulfillment of all conditions
precedent.
[Added 5-21-1990 by Ord. No. O-11-90; amended 12-17-1990 by Ord. No. O-31-90]
M.
In the Pinelands Area of Monroe Township, notwithstanding the provisions of this section, where any approval results from the failure of the Board to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission in accordance with § 175-39C, and the approval and/or certificate shall not become effective until the requirements of § 175-63 of this article have been satisfied.
[Amended 10-3-1988 by Ord. No. O-21-88]
N.
Except as provided in Subsection Q of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision is filed by the developer with the Gloucester County Clerk, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving Board. In reviewing the application for development for a proposed minor subdivision, the Board may be permitted by ordinance to accept a plat not in conformity with the Map Filing Act, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.
[Amended 7-21-1992 by Ord. No. O-27-92]
O.
Upon the granting of subdivision approval by the Board,
copies of the approved documents shall be sent to the:
P.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted shall not be changed for a period of two years after the
date on which the resolution of minor subdivision approval is adopted,
provided that the approved minor subdivision shall have been duly
recorded as provided in this section.
[Amended 7-21-1992 by Ord. No. O-27-92]
Q.
The Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection N of this section if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Added 7-21-1992 by Ord. No. O-27-92]
R.
The Board shall grant an extension of minor subdivision
approval for a period determined by the Board, but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before what would otherwise be the expiration
date of minor subdivision approval or the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later.
[Added 7-21-1992 by Ord. No. O-27-92]
A.
Preliminary review.
(1)
Preliminary development plats, plans, applications
and required attachments shall be submitted where the applicant proposes
a development that meets the definitional requirements of a major
subdivision, planned development and/or cluster development.
(2)
The applicant shall submit to the Board Secretary
the following items:
[Amended 10-3-1988 by Ord. No. O-21-88; 3-3-1997 by Ord. No. O-9-97]
(b)
Three copies of both the completed Township
and county application forms.
(c)
Three copies of any protective covenants or
deed restrictions applying or to be applied to the subject land.
(d)
The application and/or escrow fee and fee agreement in accordance with § § 175-48 and 175-49 of this chapter.
(e)
For a development located in the Pinelands Area of Monroe Township, application requirements in accordance with § 175-57G.
(f)
A certification by the Tax Collector's office
that no taxes or assessments for local improvements are due or delinquent
on the subject property.
(g)
If applicable, certification of corporation or partnership involvement as per § 175-44B of this chapter.
(h)
Thirteen copies of the Environmental Assessment prepared in accordance with § 175-99.1 of this chapter.
(i)
Sixteen copies of a fiscal impact report indicating
the impact of the project on Township services, the cash flow of the
protect and an indication of pro rata share of necessary improvements.
[Added 10-23-2001 by Ord. No. O-31-2001[1]]
[1]
Editor's Note: This ordinance also provided
for the redesignation of former Subsection A(2)(i) as Subsection A(2)(j).
(j)
Any additional documents as may be requested
on the applicable application form.
(3)
The Board Secretary shall, immediately upon receipt,
note the date of receipt, mark the documents "filed" and assign a
file number. Once a file number has been assigned, such number must
be placed by the applicant on all papers, maps, plats and other documents
submitted.
(4)
The Board Secretary shall immediately forward one
copy of all items submitted by the applicant to the Board Engineer
and one copy of the application form, together with five copies of
the plans, to the County Planning Board.
[Amended 8-12-1997 by Ord. No. O-40-97]
(5)
The Board Engineer shall first review the items received
to report to the Board as to the completeness of the application.
Said Engineer may also review said items as to all phases of the application
for development.
[Amended 11-21-1984 by Ord. No. O-26-84]
(6)
The Board Engineer shall, as quickly as possible,
report his findings, in writing, to the Board. Said report shall be
available to the Board for its use in determining the completeness
of the application.
(7)
The Board shall formally determine the completeness of the submitted application in accordance with § 175-37B of this chapter.
(8)
Upon a determination of completeness of an application for development in the Pinelands area of Monroe Township, notice shall be given by the Board to the Pinelands Commission in accordance with § 175-39A.
[Amended 11-21-1984 by Ord. No. O-26-84; 10-3-1988 by Ord. No. O-21-88]
(9)
During the period required by the Board to review
the proposal of the applicant, the Board shall hold a hearing upon
public notice. Said hearing may, in the discretion of the Board, be
held prior to or after the Board determines the application to be
complete.
(a)
The Board shall set the date, time and place
of the hearing and shall advise the applicant.
(c)
The applicant shall, prior to the hearing, comply
with all other requirements for a hearing requiring public notice,
including but not limited to:
[2]
Filing of affidavit of proof of service and proof of publication as per § 175-40E(7) of this chapter.
(d)
All persons having an interest in the proposed
development shall be given an opportunity to be heard at the hearing.
(10)
Notice of any hearing, public meeting or other formal proceeding at which the Board will consider an application for development within the Pinelands Area of Monroe Township shall be given by the Board to the Pinelands Commission, in writing, not less than five days prior to such meeting, hearing or proceeding; said notice shall be in accordance with § 175-39B.
(11)
If the Board requires any substantial amendment
in the layout of improvements proposed by the applicant that have
been the subject of a hearing, an amended application shall be submitted
and acted upon as would be done in the case of the original application.
(12)
The Board shall act upon the application upon
being satisfied that it has sufficiently reviewed the application,
that its professionals have adequately reviewed the application, that
the applicant has had sufficient opportunity to present its request
to the Board and that the interests of other interested persons have
been considered.
(a)
The Board shall also be certain that the proposed
development complies with this chapter, the Municipal Land Use Act
(N.J.S.A. 40:55D-1 et seq.), the Pinelands Comprehensive Management
Plan and all other applicable statutes, regulations or ordinances.
(b)
In the case of a major subdivision where the
remaining portion of the original tract is of sufficient size to be
subdivided further, the subdivider may be required to submit a concept
plat of the entire remaining portion of the tract to indicate a feasible
plan whereby the applied-for subdivision, together with subsequent
subdivision(s) that may be submitted, will not create, impose or aggravate
or lead to any such adverse effect.
(c)
The Board should not act upon the application
until it has determined the application complete.
(13)
In the case of a planned development, the Planning
Board shall find the following facts and conclusions prior to approval:
(a)
That departures by the proposed development
from zoning regulations otherwise applicable to the subject property
conform to the Zoning Ordinance standards.
(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 the provision 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 a significant 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 of
the residents, occupants and owners of the proposed development in
the total completion of the development are adequate.
(14)
Grant or denial of preliminary approval.
(a)
The Board shall grant or deny preliminary approval
of:
[1]
A subdivision of 10 or fewer lots within 45
days of the date a complete application was determined to have been
submitted or within such further time as may be consented to by the
applicant; or
[2]
A subdivision of more than 10 lots within 95
days of the date a complete application was determined to have been
submitted or within such further time as may be consented to by the
applicant.
(b)
Upon failure of the Board to act within the
aforementioned time periods, the Board shall be deemed to have granted
preliminary approval to the subdivision.
(c)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving authority may grant preliminary subdivision approval conditioned upon such evidence being presented as a prerequisite to final subdivision approval. For such a final subdivision, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any such approval shall be made to the Pinelands Commission pursuant to § 175-39C and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final subdivision approval or, if no such approval is required, prior to the issuance of any construction permits.
[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97; 8-14-2001 by Ord. No. O-22-2001]
(d)
Whenever any application for preliminary major
subdivision and planned and cluster development approval is approved
subject to specified conditions intended to be fulfilled before the
approval becomes effective ("conditions precedent"), said conditional
approval shall lapse and become null and void unless all specified
conditions precedent are fulfilled within 120 days of the date of
conditional approval. The fulfillment of all conditions precedent
shall be reported, in writing, by the applicant to the Secretary of
the reviewing Board granting such conditional approval, and the Secretary
may cause such reports to be verified in an appropriate manner. Only
upon fulfillment of all conditions precedent shall any subdivision
plan be signed and/or any required zoning permit be issued. Nothing
contained herein shall be construed as preventing the reviewing Board,
upon the submission of an application, for good cause shown, from
granting an extension of the time from the original 120 days for the
fulfillment of all conditions precedent.
[Added 5-21-1990 by Ord. No. O-11-90; amended 12-17-1990 by Ord. No. O-31-90]
(15)
In the Pinelands Area of Monroe Township, such preliminary approval shall not take effect until the requirements of § 175-63 of this article have been satisfied.
(16)
In the Pinelands Area of Monroe Township, notwithstanding the provisions of this Section, where any approval results from the failure of the Board to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission, and the permit shall not become effective until the requirements of § 175-63 of this article have been satisfied.
(17)
Whenever review or approval of the application
by the Gloucester County Planning Board is required by Section 5 of
P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the Gloucester County Planning Board or approval
by the Gloucester County Planning Board by its failure to report thereon
within the required time period.
(19)
The final decision and resolution of the Board shall be in accordance with § 175-42 of this chapter (N.J.S.A. 40:55D-10g through i).
(20)
Upon the granting of approval by the Board,
copies of the approved documents shall be sent to the:
B.
Final review.
(1)
Submission generally.
(a)
Final plats, plans, applications and required
attachments shall be submitted for major subdivisions, plans and/or
cluster developments:
(2)
The applicant shall submit to the Board Secretary
the following items:
(b)
Three copies of the completed Township and county
application forms.
(c)
Three copies of the protective covenants or
deed restrictions applying to the subject land as included in preliminary
approval.
(d)
The application and/or escrow fee and fee agreement in accordance with § § 175-48 and 175-49 of this chapter.
(e)
Two linens and two Mylars.
[Amended 8-12-1997 by Ord. No. O-40-97]
(f)
For a development located in the Pinelands Area
of Monroe Township, a copy of either notification from the Pinelands
Commission that review of the Board's preliminary approval is not
required; or notification from the Pinelands Commission that it has
completed its review of the Board's preliminary approval pursuant
to N.J.A.C. 7:50-4.37 to 7:50-4.42 of the Comprehensive Management
Plan; and the final order regarding the preliminary approval and review
by the Pinelands Commission.
[Amended 11-21-1984 by Ord. No. O-26-84; 10-3-1988 by Ord. No. O-21-88]
(g)
A certification by the Tax Collector's office
that no taxes or assessments for local improvements are due or delinquent
on the subject property.
(h)
If applicable, certification of corporation or partnership involvement as per § 175-44B of this chapter.
(i)
All changes or modifications required by the
Planning Board in the approval of the preliminary plat.
(j)
Letters directed to the Chairman of the Board
and signed by a responsible official of the lighting agency, Municipal
Utilities Authority and of any other utility company or governmental
authority or district which provides accessory utility service and
has jurisdiction in the area, approving each proposed utility installation
design. The letter will state who will construct the facility and
that the service will be available prior to occupancy.
(k)
A map showing all improvements required by the
preliminary approval and showing what improvements, if any, have been
installed. The plan shall show all improvements in their exact location
and elevation.
(l)
Certifications.
[1]
Certification must be provided by a licensed
engineer that all improvements required by this chapter have been
installed; and/or
[2]
Certification by the applicant that he has posted guaranties for the purposes of assuring the installation and maintenance of on-tract improvements as required by Article XI of this chapter and N.J.S.A. 40:55D-53; this certification shall be accompanied by copies of the required guaranty papers.
[Amended 11-21-1984 by Ord. No. O-26-84]
(m)
Where improvements have been installed prior to the application, there shall be a statement from the Board Engineer that all improvements installed prior to application have been inspected as provided in Article XI of this chapter and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final plat approval that do not meet or exceed Township standards shall be factored into the required performance guaranty.
[Amended 11-21-1984 by Ord. No. O-26-84]
(n)
Any additional documents as may be requested
on the applicable application form.
[Amended 11-21-1984 by Ord. No. O-26-84]
(3)
The Board Secretary shall, immediately upon receipt,
note the date of receipt, mark the documents "filed" and assign a
file number. Once a file number has been assigned, such number must
be placed by the applicant on all papers, maps, plats and other documents
submitted.
[Amended 11-21-1984 by Ord. No. O-26-84]
(4)
The Board Secretary shall immediately forward one
copy of all items submitted by the applicant to the Board Engineer
and to the County Planning Board.
[Amended 11-21-1984 by Ord. No. O-26-84]
(5)
The Board Engineer shall first review the items received
in order to report to the Board as to the completeness of the application.
Said Engineer may also review said items as to other phases of the
application for development.
[Amended 11-21-1984 by Ord. No. O-26-84]
(6)
The Board Engineer shall expeditiously report his
findings, in writing, to the Board.
[Amended 11-21-1984 by Ord. No. O-26-84]
(7)
Upon receipt of the Board Engineer's report, the Board shall first determine whether a complete application has been submitted in accordance with § 175-37B of this chapter.
[Amended 11-21-1984 by Ord. No. O-26-84]
(8)
If the application is found to be complete, the Board shall formally determine that a complete application has been submitted, upon a determination of completeness of an application for development in the Pinelands Area of Monroe Township, notice shall be given by the Board to the Pinelands Commission in accordance with § 175-39A.
[Amended 11-21-1984 by Ord. No. O-26-84; 10-3-1988 by Ord. No. O-21-88]
(9)
From the date of determination of submission of a
complete application, the Board shall grant or deny final approval
of the application within 45 days or within such further time as may
be consented to by the applicant.
[Amended 11-21-1984 by Ord. No. O-26-84]
(10)
Grant of final approval.
[Amended 11-21-1984 by Ord. No. O-26-84]
(a)
Final approval shall be granted if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards established by ordinance for final
approval, the conditions of preliminary approval and the standards
prescribed by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), provided
that in the case of a planned unit development, planned unit residential
development or residential cluster, the Board may permit minimal deviations
from the conditions of preliminary approval necessitated by change
of conditions beyond the control of the developer since the date of
preliminary approval without the developer being required to submit
another application for development for preliminary approval.
(b)
The decision and resolution of the Board shall be in accordance with § 175-42 of this chapter (N.J.S.A. 40:55-10g through i).
(c)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving authority may grant preliminary subdivision approval conditioned upon such evidence being presented as a prerequisite to final subdivision approval. For such a final subdivision, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any such approval shall be made to the Pinelands Commission pursuant to § 175-39C and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final subdivision approval or, if no such approval is required, prior to the issuance of any construction permits.
[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97; 8-14-2001 by Ord. No. O-22-2001]
(d)
Whenever any application for final major subdivision
and planned and cluster development approval is approved subject to
specified conditions intended to be fulfilled before the approval
becomes effective ("conditions precedent"), said conditional approval
shall lapse and become null and void unless all specified conditions
precedent are fulfilled within 120 days of the date of conditional
approval. The fulfillment of all conditions precedent shall be reported,
in writing, by the applicant to the Secretary of the reviewing Board
granting such conditional approval, and the Secretary may cause such
reports to be verified in an appropriate manner. Only upon fulfillment
of all conditions precedent shall any subdivision plan be signed and/or
any required zoning permit be issued. Nothing contained herein shall
be construed as preventing the reviewing Board, upon the submission
of an application, for good cause shown, from granting an extension
of time from the original 120 days for the fulfillment of all conditions
precedent.
[Added 5-21-1990 by Ord. No. O-11-90; amended 12-17-1990 by Ord. No. O-31-90]
(11)
Notice of any hearing, public meeting or other formal proceeding at which the Board will consider an application for development within the Pinelands Area of Monroe Township shall be given by the Board to the Pinelands Commission, in writing, not less than five days prior to such meeting, hearing or proceeding; said notice shall be in accordance with § 175-39B.
[Amended 10-3-1988 by Ord. No. O-21-88]
(13)
Whenever review or approval of the application
by the Gloucester County Planning Board is required by N.J.S.A. 40:27-6.3,
the Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the Gloucester
County Planning Board or approval by the Gloucester County Planning
Board by its failure to report thereon within the required time period.
(14)
Failure of the Board to act within the period
prescribed shall constitute approval, and a certificate of the Board
Secretary as to the failure of the Board to act shall be issued on
request of the applicant. Such certificate shall be sufficient in
lieu of the written endorsement or other evidence of approval as herein
required and shall be accepted by the Gloucester County Clerk for
purposes of filing subdivision plats.
(15)
In the Pinelands Area of Monroe Township, notwithstanding the provisions of this section, where any approval results from the failure of the Board to act within the prescribed period, the application shall provide notice to the Pinelands Commission in accordance with § 175-39C, and the permits shall not become effective until the requirements of § 175-63 of this article have been satisfied.
[Amended 10-3-1988 by Ord. No. O-21-88]
(16)
Upon the granting of subdivision approval by
the Board, copies of the approved documents shall be sent to the:
(a)
Applicant.
(b)
Planning Board file.
(c)
Board Engineer.
(d)
Construction Code Official.
(e)
Zoning Officer.
[Amended 8-12-1997 by Ord. No. O-40-97]
(f)
Tax Assessor.
(g)
County Board of Health.
(h)
Pinelands Commission, if property is in the
Pinelands Area of Monroe Township.
(i)
Director of Public Works.
(j)
Police Department.
[Added 8-12-1997 by Ord. No. O-40-97]
(k)
Ambulance Squad.
[Added 8-12-1997 by Ord. No. O-40-97]
(l)
Board of Education.
[Added 8-12-1997 by Ord. No. O-40-97]
(m)
Post office.
[Added 8-12-1997 by Ord. No. O-40-97]
(17)
Period of final approval; prerequisites for
filing; notification of filing.
(a)
Final approval of a major subdivision shall
expire 95 days from the date of signing of the plat unless within
such period the plat shall have been duly filed by the developer with
the county recording officer. The Planning Board may for good cause
shown extend the period for recording for an additional period not
to exceed 190 days from the date of signing of the plat. The Planning
Board may extend the ninety-five-day or one-hundred-ninety-day period
if the developer proves to the reasonable satisfaction of the Planning
Board that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities and that the
developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Planning Board. The developer may apply for an extension either
before or after the original expiration date.
[Amended 7-21-1992 by Ord. No. O-27-92]
(b)
No subdivision plat shall be accepted for filing
by the county recording officer until it has been approved by the
Board as indicated on the instrument by the signature of the Chairman
and Secretary of the Board or a certificate has been issued pursuant
to N.J.S.A. 40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67
and 40:55D-76. The signatures of the Chairman and Secretary of the
Board shall not be affixed until the developer has posted the guaranties
required pursuant to N.J.S.A. 40:55D-53. If the county recording officer
records any plat without such approval, such recording shall be deemed
null and void, and, upon request of the Township, the plat shall be
expunged from the official records.
(c)
It shall be the duty of the county recording
officer to notify the Board, in writing, within seven days of the
filing of any plat, identifying such instrument by its title, date
of filing and official number.
(18)
Upon the filing of a plat showing the subdivision
or resubdivision of land, the county recording officer shall, at the
same time that notification is given to the Board pursuant to N.J.S.A.
40:55D-54, send a copy of such notification to the Tax Assessor of
the Township.
A.
Minor site plans, applications and required attachment,
shall be submitted where the applicant proposes a site plan that meets
the definitional requirements of a minor site plan.
B.
The applicant shall submit to the Board Secretary
the following items:
(1)
Number of copies of proposed minor site plan.
[Amended 10-3-1988 by Ord. No. O-21-88; 8-12-1997 by Ord. No. O-40-97]
(2)
Three copies of the completed Township and county
application forms.
(3)
Four copies of any protective covenants or deed restrictions
applying or to be applied to the subject land.
(4)
The application and/or escrow fee and fee agreement
in accordance with § § 175-50 and 175-51 of this
chapter.
(5)
For a development located in the Pinelands Area of Monroe Township, the application requirements in accordance with § 175-57F.
[Amended 10-3-1988 by Ord. No. O-21-88]
(6)
A certification by the Tax Collector's office that
no taxes or assessments for local improvements are due or delinquent
on the subject property.
(7)
If applicable, certification of corporation or partnership involvement as per § 175-44B of this chapter.
(8)
Any additional documents as may be reasonably necessary
to make an informed decision whether the requirements necessary for
preliminary site plan approval have been met.
C.
The Board Secretary shall, immediately upon receipt,
note the date of receipt, mark the documents "filed" and assign a
file number. Once a file number has been assigned, such number must
be placed by the applicant on all papers, maps, plats and other documents
submitted.
D.
The Board Secretary shall immediately forward one
copy of all items submitted by the applicant to the Board Engineer
and one copy of each to the Site Plan Review Advisory Board and the
County Planning Board.
E.
The Board Engineer shall review all aspects of the
application for development, including a review as to completeness
of the application.
[Amended 11-21-1984 by Ord. No. O-26-84]
F.
The Board Engineer shall expeditiously report his
findings, in writing, to the Board with a copy to the Site Plan Review
Advisory Board.
[Amended 11-21-1984 by Ord. No. O-26-84]
G.
Upon receipt of the Board Engineer's report and with the applicable time period, the Site Plan Review Advisory Board shall first determine that a complete application has been submitted in accordance with § 175-37B of this chapter.
[Amended 11-21-1984 by Ord. No. O-26-84]
I.
Upon a determination of completeness of an application for development in the Pinelands area of Monroe Township, notice shall be given by the Board to the Pinelands Commission in accordance with § 175-39A.
[Amended 11-21-1984 by Ord. No. O-26-84; 10-3-1988 by Ord. No. O-21-88]
J.
The Site Plan Review Advisory Board shall further
conduct a review and recommend to the Board whether the application
for development should be granted or denied. It may also recommend
conditions to be applied to such determination. A review as to completeness
and/or approval may be done simultaneously or the latter review may
be deferred pending submission of a complete application.
[Amended 11-21-1984 by Ord. No. O-26-84]
K.
Upon receipt of the report and recommendations of
the Site Plan Review Advisory Board, the Planning Board or Zoning
Board, as the case may be, shall act upon the application. If the
Site Plan Review Advisory Board fails to furnish its report so that
the deciding Board may act within the statutory and ordinance time
periods, the Board may proceed without such report and recommendations.
[Amended 11-21-1984 by Ord. No. O-26-84]
L.
If the application is found to conform to the definition
of "minor site plan" and to be complete, the Board shall proceed to
waive notice and public hearing.
[Amended 11-21-1984 by Ord. No. O-26-84]
M.
From the date of determination by the Site Plan Review
Advisory Board of submission of a complete application, the Planning
or Zoning Board of Adjustment shall have 45 days to grant or deny
minor site plan approval or within such further time as may be consented
to by the applicant.
[Amended 11-21-1984 by Ord. No. O-26-84]
N.
Notice of any hearing, public meeting or other formal proceeding at which the Board will consider an application for development within the Pinelands Area of Monroe Township shall be given by the Board to the Pinelands Commission, in writing, not less than five days prior to such meeting, hearing or proceeding; said notice shall be in accordance with § 175-39B.
[Amended 11-21-1984 by Ord. No. O-26-84; 10-3-1988 by Ord. No. O-21-88]
O.
Where the remaining portion of the original tract
is of sufficient size to be developed further, the applicant may be
required to submit a concept plat of the entire remaining portion
of the tract to ensure that applied for development, together with
any subsequent development that may be submitted, will not create,
impose or aggravate or lead to any such adverse effect.
[Amended 11-21-1984 by Ord. No. O-26-84]
P.
Approval.
(1)
The Board shall act upon the application upon being satisfied that it has sufficiently reviewed the application, that its professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request to the Board and that the interests of other interested persons have been considered. In all cases, however, an application for minor subdivision approval shall be granted or denied, by resolution of the Board, within 45 days of the date of determination that a complete application was submitted to the Board or within such further time as may be consented to by the applicant. The decision and resolution of the Board shall be in accordance with § 175-42 of this chapter (N.J.S.A. 40:55D-10g through i).
[Amended 11-21-1984 by Ord. No. O-26-84]
(2)
Minor site plan approval shall be deemed to be a final approval by the Board; except that, in the Pinelands Area of Monroe Township, such final approval shall not take effect until the requirements of § 175-63 of this article have been satisfied.
[Amended 11-21-1984 by Ord. No. O-26-84]
(4)
Whenever review or approval of the application by
the Gloucester County Planning Board is required by N.J.S.A. 40:27-6.3
the Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the Gloucester
County Planning Board or approval by the Gloucester County Planning
Board by its failure to report thereon within the required time period.
(5)
Failure of the Board to act within the period prescribed
shall constitute approval, and a certificate of the Board Secretary
as to the failure of the Board to act shall be issued on request of
the applicant.
(6)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits. Notification of any such approval shall be made to the Pinelands Commission pursuant to § 175-39C and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final site plan approval or, if no such approval is required, prior to the issuance of any construction permits.
[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97; 8-14-2001 by Ord. No. O-22-2001]
(7)
Whenever any application for minor site plan approval
is approved subject to specified conditions intended to be fulfilled
before the approval becomes effective ("conditions precedent"), said
conditional approval shall lapse and become null and void unless all
specified conditions precedent are fulfilled within 90 days of the
date of conditional approval. The fulfillment of all conditions precedent
shall be reported, in writing, by the applicant to the Secretary of
the reviewing Board granting such conditional approval, and the Secretary
may cause such reports to be verified in an appropriate manner. Only
upon fulfillment of all conditions precedent shall any site plan be
signed and/or any required zoning permit be issued. Nothing contained
herein shall be construed as preventing the reviewing Board, upon
the submission of an application, for good cause shown, from granting
an extension of time from the original 90 days for the fulfillment
of all conditions precedent.
[Added 5-21-1990 by Ord. No. O-11-90; amended 12-17-1990 by Ord. No. O-31-90]
Q.
In the Pinelands Area of Monroe Township, notwithstanding the provisions of this section, where any approval results from the failure of the Board to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission in accordance with § 175-39C and the approval and/or certificate shall not become effective until the requirements of § 175-63 of this article have been satisfied.
[Amended 10-3-1988 by Ord. No. O-21-88]
R.
Upon the granting of site plan approval by the Board,
copies of the approved documents shall be sent to the:
S.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted shall not be changed for a period of two years after the
date of minor site plan approval. The Board shall grant an extension
of this period for a period determined by the Board, but not exceeding
one year from what would otherwise be the expiration date, if the
developer proves to the reasonable satisfaction of the Board that
the developer was barred or prevented, directly or indirectly, from
proceeding with the development because of delays in obtaining legally
required approvals from other governmental entities and that the developer
applied promptly and diligently pursued the approvals. A developer
shall apply for this extension before what would otherwise be the
expiration date or the 91st day after the date on which the developer
receives the last of the legally required approvals from the other
governmental entities, whichever occurs later.
[Amended 7-21-1992 by Ord. No. O-27-92]
A.
Preliminary review.
(1)
Preliminary major site plans, applications and required
attachments shall be submitted where the applicant proposes a site
plan that meets the definitional requirements of a major site plan.
(2)
The applicant shall submit to the Board Secretary
the following items:
[Amended 10-3-1988 by Ord. No. O-21-88; 3-3-1997 by Ord. No. O-8-97]
(b)
Three copies of the completed Township and county
application forms.
(c)
Three copies of any protective covenants or
deed restrictions applying or to be applied to the subject land.
(d)
The application and/or escrow fee and fee agreement
in accordance with § § 175-50 and 175-51 of this
chapter.
(e)
For a development located in the Pinelands Area of Monroe Township, application requirements in accordance with § 175-57G.
(f)
A certification by the Tax Collector's office
that no taxes or assessments for local improvements are due or delinquent
on the subject property.
(g)
If applicable, certification of corporation or partnership involvement as per § 175-44B of this chapter.
(h)
Three copies of preliminary architectural plans
and elevations.
(i)
Thirteen copies of the environmental assessment prepared in accordance with § 175-99.1 of this chapter.
(j)
Any additional documents as may be requested
on the applicable application form as are reasonably necessary for
the Board to make an informed decision whether the requirements necessary
for approval have been met.
(3)
The Board Secretary shall, immediately upon receipt,
note the date of receipt, mark the documents "filed" and assign a
file number. Once a file number has been assigned, such number must
be placed by the applicant on all papers, maps, plats and other documents
submitted.
[Amended 11-21-1984 by Ord. No. O-26-84]
(4)
The Board Secretary shall immediately forward one
copy of all items submitted by the applicant to the Board Engineer
and one copy of each to the Site Plan Review Advisory Board and to
the County Planning Board.
[Amended 11-21-1984 by Ord. No. O-26-84]
(5)
The Board Engineer shall first review the items received
to report to the Board as to the completeness of the application.
Said Engineer shall also review said items as to all phases of the
application for development.
[Amended 11-21-1984 by Ord. No. O-26-84]
(6)
The Board Engineer shall expeditiously report his
findings, in writing, to the Board with a copy to the Site Plan Review
Advisory Board. Said report shall be available to the Board for its
use in determining the completeness of the application.
[Amended 11-21-1984 by Ord. No. O-26-84]
(7)
Upon receipt of the Board Engineer's report, the Site Plan Review Advisory Board shall first determine whether to recommend that a complete application has been submitted in accordance with § 175-37B of this chapter.
[Amended 11-21-1984 by Ord. No. O-26-84]
(9)
The Site Plan Review Advisory Board shall further
conduct a review and recommend to the Board whether the application
for development should be granted or denied. It may also recommend
conditions to be applied to such determination. A review as to completeness
and/or approval may be done simultaneously or the latter review may
be deferred pending submission of a complete application.
[Amended 11-21-1984 by Ord. No. O-26-84]
(10)
Upon receipt of the report and recommendations
of the Site Plan Review Advisory Board, the Planning Board or Zoning
Board, as the case may be, shall act upon the application. If the
Site Plan Review Advisory Board fails to furnish its report so that
the deciding Board may act within the statutory and ordinance time
periods, the Board may proceed without such report and recommendations.
[Amended 11-21-1984 by Ord. No. O-26-84]
(11)
The Board shall formally determine the completeness of the submitted application in accordance with § 175-37B of this chapter.
[Amended 11-21-1984 by Ord. No. O-26-84]
(12)
Upon a determination of completeness of an application for development in the Pinelands area of Monroe Township, notice shall be given by the Board to the Pinelands Commission in accordance with § 175-39A.
[Amended 11-21-1988 by Ord. No.
O-26-84; 10-3-1988 by Ord. No. O-21-88]
(13)
During the period required by the Board to
review the proposal of the applicant, the Board shall hold a hearing
upon public notice. Said hearing may, in the discretion of the Board,
be held prior to or after the Board determines the application to
be complete.
[Amended 11-21-1984 by Ord. No. O-26-84]
(a)
The Board shall set the date, time and place
of the hearing and shall advise the applicant.
(c)
The applicant shall, prior to the hearing, comply
with all other requirements for a hearing requiring public notice,
including but not limited to:
[2]
Filing of affidavit of proof of service and proof of publication as per § 175-40E(7) of this chapter.
(d)
All persons having an interest in the proposed
development shall be given an opportunity to be heard at the hearing.
(14)
Notice of any hearing, public meeting or other formal proceeding at which the Board will consider an application for development within the Pinelands Area of Monroe Township shall be given by the Board to the Pinelands Commission, in writing, not less than five days prior to such meeting, hearing or proceeding; said notice shall be in accordance with § 175-39B.
[Amended 10-3-1988 by Ord. No. O-21-88]
(15)
If the Board requires any substantial amendment
in the layout of improvements proposed by the applicant that have
been the subject of a hearing, an amended application shall be submitted
and acted upon as would be done in the case of the original application.
(16)
The Board shall act upon the application upon
being satisfied that it has sufficiently reviewed the application,
that its professionals have adequately reviewed the application, that
the applicant has had sufficient opportunity to present its request
to the Board and that the interests of other interested persons have
been considered.
(a)
The Board shall also be certain that the proposed
site plan complies with this chapter, the Municipal Land Use Act (N.J.S.A.
40:55D-1 et seq.), the Pinelands Comprehensive Management Plan and
all other applicable statutes, regulations and ordinances.
(b)
Where the remaining portion of the original
tract is of sufficient size to be developed further, the applicant
may be required to submit a concept plat of the entire remaining portion
of the tract to indicate a feasible plan whereby the applied-for site
plan, together with subsequent site plans that may be submitted, will
not create, impose or aggravate or lead to any such adverse effect.
(c)
The Board should not act upon the application
until it has determined the application complete.
(17)
Grant and denial of preliminary approval.
(a)
The Board shall grant or deny preliminary approval
of:
[1]
A site plan of 10 acres or less and 10 dwelling
units or less within 45 days of the date of a complete application
was determined to have been submitted or within such further time
as may be consented to by the applicant; or
[2]
A site plan which involves more than 10 acres
or more than 10 dwelling units within 95 days of the date a complete
application was determined to have been submitted or within such further
time as may be consented to by the applicant.
[Amended 11-21-1984 by Ord. No. O-26-84]
(b)
Upon failure of the Board to act within the
aforementioned time periods, the Board shall be deemed to have granted
preliminary approval to the subdivision.
[Amended 11-21-1984 by Ord. No. O-26-84]
(c)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving authority may grant preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final site plan approval. For such a final site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credits used in the preliminary approval. Notification of any such approval shall be made to the Pinelands Commission pursuant to § 175-39C and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final site plan approval or, if no such approval is required, prior to the issuance of any construction permits.
[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97; 8-14-2001 by Ord. No. O-22-2001]
(d)
Whenever any application for preliminary major
site plan approval is approved subject to specified conditions intended
to be fulfilled before the approval becomes effective ("conditions
precedent"), said conditional approval shall lapse and become null
and void unless all specified conditions precedent are fulfilled within
120 days of the date of conditional approval. The fulfillment of all
conditions precedent shall be reported, in writing, by the applicant
to the Secretary of the reviewing Board granting such conditional
approval, and the Secretary may cause such reports to be verified
in an appropriate manner only upon fulfillment of all conditions precedent
shall any site plan be signed and/or any required zoning permit be
issued. Nothing contained herein shall be construed as preventing
the reviewing Board, upon the submission of an application, for good
cause shown, from granting an extension of time from the original
120 days for the fulfillment of all conditions precedent.
[Added 10-3-1988 by Ord. No. O-21-88; amended 5-21-1990 by Ord. No. O-11-90]
(18)
In the Pinelands Area of Monroe Township, such preliminary approval shall not take effect until the requirements of § 175-63 of this article have been satisfied.
[Amended 11-21-1984 by Ord. No. O-26-84]
(19)
In the Pinelands area of Monroe Township, notwithstanding the provisions of this section, where any approval results from the failure of the Board to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission, in accordance with § 175-39C, and the permit shall not become effective until the requisite time period for Commission review and action has lapsed in accordance with § 175-63 of this article have been satisfied.
[Amended 11-21-1984 by Ord. No. O-26-84; 10-3-1988 by Ord. No. O-21-88]
(20)
Whenever review or approval of the application
by the Gloucester County Planning Board is required by N.J.S.A. 40:27-6.3,
the Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the Gloucester
County Planning Board or approval by the Gloucester County Planning
Board by its failure to report thereon within the required time period.
[Amended 11-21-1984 by Ord. No. O-26-84]
(21)
The effect of preliminary approval shall be as set forth in Article XII of this chapter.
[Amended 11-21-1984 by Ord. No. O-26-84]
(22)
The final decision and resolution of the Board shall be in accordance with § 175-42 of this chapter (N.J.S.A. 40:55D-10g through i).
[Amended 11-21-1984 by Ord. No. O-26-84]
(23)
Upon the granting of approval by the Board,
copies of the approved documents shall be sent to the:
[Amended 11-21-1984 by Ord. No. O-26-84]
B.
Final review.
(2)
The applicant shall submit to the Board Secretary
the following items:
(a)
Number of copies of final plat for major site
plan.
[Amended 11-21-1984 by Ord. No. O-26-84; 8-12-1997 by Ord. No. O-40-97]
(b)
Three copies of the completed Township and county
application forms.
[Amended 11-21-1984 by Ord. No. O-26-84]
(c)
Three copies of the protective covenants or
deed restrictions applying to the subject land as included in preliminary
approval.
[Amended 11-21-1984 by Ord. No. O-26-84]
(d)
The application and/or escrow fee and fee agreement in accordance with § § 175-48, 175-49 and 175-51 of this chapter.
[Amended 11-21-1984 by Ord. No. O-26-84]
(e)
Two translucent tracing cloth copies and one
original reproducible copy of the proposed major subdivision.
(f)
For a development located in the Pinelands Area
of Monroe Township, a copy of either notification from the Pinelands
Commission that review of the Board's preliminary approval is not
required, or notification from the Pinelands Commission that it has
completed its review of the Board's preliminary approval pursuant
to N.J.A.C. 7:50-4.37 to 4.42.
[Amended 10-3-1988 by Ord. No. O-21-88]
(g)
A certification by the Tax Collector's office
that no taxes or assessments for local improvements are due or delinquent
on any portion of the property involved in the development.
(h)
If applicable, certification of corporation or partnership involvement as per § 175-44B of this chapter.
(i)
All changes or modifications required by the
Planning Board in the approval of the preliminary plat.
(j)
Letters directed to the Chairman of the Board
and signed by a responsible official of the lighting agency, Municipal
Utilities Authority and of any other utility company or governmental
authority or district which provides accessory utility service and
has jurisdiction in the area, approving each proposed utility installation
design. The letter will state who will construct the facility and
that the service will be available prior to occupancy.
(k)
A map showing all improvements required by the
preliminary approval and showing what improvements, if any, have been
installed. The plan shall show all improvements in their exact location
and elevation.
(l)
Certifications.
[1]
Certification must be provided by a licensed
engineer that all improvements required by this chapter have been
installed; and/or
(m)
Where improvements have been installed prior to the application, there shall be a statement from the Board Engineer that all improvements installed prior to application have been inspected as provided in Article XI of this chapter and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final plat approval that do not meet or exceed Township standards shall be factored into the required performance guaranty.
(n)
Any additional documents as may be requested
on the applicable application form.
(3)
The Board Secretary shall, immediately upon receipt,
note the date of receipt, mark the documents "filed" and assign a
file number. Once a file number has been assigned, such number must
be placed by the applicant on all papers, maps, plats and other documents
submitted.
(4)
The Board Secretary shall immediately forward one
copy of all items submitted by the applicant to the Board Engineer
and to the County Planning Board.
(5)
The Board Engineer shall first review the items received
in order to report to the Board as to the completeness of the application.
Said Engineer may also review said items as to other phases of the
application for development.
(6)
The Board Engineer shall, as quickly as possible,
report his findings, in writing, to the Board.
(7)
Upon receipt of the Board Engineer's report, the Board shall first determine whether a complete application has been submitted in accordance with § 175-37B of this chapter.
(8)
If the application is found to be complete, the Board shall formally determine that a complete application has been submitted. Upon a determination of completeness of an application for development in the Pinelands area of Monroe Township, notice shall be given by the Board to the Pinelands Commission in accordance with § 175-39A.
[Amended 10-3-1988 by Ord. No. O-21-88]
(9)
From the date of determination of submission of a
complete application, the Board shall grant or deny final approval
of the application within 45 days or within such further time as may
be consented to by the applicant.
(10)
Grant of final approval.
[Amended 11-21-1984 by Ord. No. O-26-84]
(a)
Final approval shall be granted if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards established by ordinance for final
approval, the conditions of preliminary approval and the standards
prescribed by the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., provided
that in the case of a planned unit development, planned unit residential
development or residential cluster, the Board may permit minimal deviations
from the conditions of preliminary approval necessitated by change
of conditions beyond the control of the developer since the date of
preliminary approval without the developer being required to submit
another application for development for preliminary approval.
(b)
The decision and resolution of the Board shall be in accordance with § 175-42 of this chapter (N.J.S.A. 40:55-10g through i).
(c)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision approval. For such a final site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any such approval shall be made to the Pinelands Commission pursuant to § 175-39C and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42.6 prior to the memorialization of the resolution granting final site plan approval or, if no such approval is required, prior to the issuance of any construction permits.
[Added 10-3-1988 by Ord. No. O-21-88; amended 4-28-1997 by Ord. No. O-27-97; 8-14-2001 by Ord. No. O-22-2001]
(d)
Whenever any application for final major site
plan approval is approved subject to specified conditions intended
to be fulfilled before the approval becomes effective ("conditions
precedent"), said conditional approval shall lapse and become null
and void unless all specified conditions precedent are fulfilled within
120 days of the date of conditional approval. The fulfillment of all
conditions precedent shall be reported, in writing, by the applicant
to the Secretary of the reviewing Board granting such conditional
approval, and the Secretary may cause such reports to be verified
in an appropriate manner. Only upon fulfillment of all conditions
precedent shall any site plan be signed and/or any required zoning
permit be issued. Nothing contained herein shall be construed as preventing
the reviewing Board, upon the submission of an application, for good
cause shown, from granting an extension of time from the original
120 days for the fulfillment of all conditions precedent.
[Added 5-21-1990 by Ord. No. O-11-90; amended 12-17-1990 by Ord. No. O-31-90]
(11)
Notice of any hearing, public meeting or other formal proceeding at which the Board will consider an application for development within the Pinelands Area of Monroe Township shall be given by the Board to the Pinelands Commission, in writing, not less than five days prior to such meeting, hearing or proceeding; said notice shall be in accordance with § 175-39B.
[Amended 10-3-1988 by Ord. No. O-21-88]
(13)
Whenever review or approval of the application
by the Gloucester County Planning Board is required by Section 5 of
P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the Gloucester County Planning Board or approval
by the Gloucester County Planning Board by its failure to report thereon
within the required time period.
(14)
Failure of the Board to act within the period
prescribed shall constitute approval, and a certificate of the Board
Secretary as to the failure of the Board to act shall be issued on
request of the applicant. Such certificate shall be sufficient in
lieu of the written endorsement or other evidence of approval as herein
required and shall be accepted by the Gloucester County Clerk for
purposes of filing subdivision plats.
(15)
In the Pinelands Area of Monroe Township, notwithstanding the provisions of this section, where any approval results from the failure of the Board to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission in accordance with § 175-39C, and the permit shall not become effective until the requirements of § 175-63 of this chapter have been satisfied.
[Amended 10-3-1988 by Ord. No. O-21-88]
(16)
Upon the granting of site plan approval by the
Board, copies of the approved documents shall be sent to the:
It is well recognized that certain uses, while
necessary for the convenience of the citizens of the Township of Monroe,
if located without proper consideration to existing conditions and
surrounding development, may have an adverse effect on the public
health, safety and general welfare of the community. These uses are
designated as conditional uses and are subject to the conditions hereby
established.
A.
Before any permit shall be issued for a conditional
use, applications shall be made to the Planning Board. The Planning
Board shall grant or deny the application after public hearing, but
within 95 days of submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. Where a conditional use application involves a site plan
or subdivision, notice of the hearing shall include reference to all
matters being heard, and the Planning Board shall review and approve
or deny the subdivision or site plan simultaneously with the conditional
use application. Failure of the Planning Board to act within the required
time period shall constitute approval of the application. In reviewing
the conditional use application, the Planning Board shall consider
and be guided by the following. All technical representations shall
be made by the appropriate licensed professional.
(1)
That for which an application is being made is specifically
listed as a conditional use within the zone where the property is
located.
(2)
The design, arrangement and nature of the particular
use is such that the public health, safety and welfare will be protected
and reasonable consideration is afforded to: the compatibility of
the proposed use(s) and/or structure(s) within the existing neighborhood;
the number of employees or users of the property; the potential effect
that the proposed use(s) and/or structure(s) will have upon property
values; the adequacy of the proposed parking and traffic circulation
for the use(s) and/or structure(s) and the potential for traffic congestion
and/or the creation of undue traffic hazards; the structural location(s)
and orientation(s); the need for such facility or use(s) to serve
the area in which it is to be located; the adequacy of proposed drainage
facilities which will serve the use(s) and/or structure(s); the adequacy
of plans for screening any adverse aspects of the use(s) and/or structure(s)
from adjoining properties; and the adequacy of proposed outdoor lighting.
(4)
Compliance with the standards, principles and objectives
of the Master Plan of the Township of Monroe.
B.
All conditional uses shall also be required to obtain
site plan approval, unless otherwise specified in this chapter.
C.
Conditional uses shall adhere to the additional standards specified for the particular use under Article XIV except where no additional standards are specified herein.
D.
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall additionally require at a minimum site plan review and approval by the Planning Board. The applicant shall submit and the Board shall review an application for conditional use approval in accordance with the procedures of § 175-61 of this chapter. In the granting of conditional uses, a time limit of one year from the date of the approval shall be set within which time the owner shall secure a building permit; otherwise, the conditional use permit shall be null and void.
A.
Applicability of procedures.
[Amended 10-3-1988 by Ord. No. O-21-88]
(1)
Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 175-39C, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
(2)
Until January 14, 1991, approvals issued by the Pinelands
Development Review Board or the Pinelands Commission under the interim
rules and regulations shall serve as the basis for Pinelands Commission
review of the local approval under this section.
(3)
Although the Pinelands Commission shall be notified
of all denials, no such denial actions are subject to further review
and action by the Pinelands Commission.
B.
Commission review following Planning Board's preliminary
approval.
(1)
Notice of a preliminary approval by a local board with respect to any application for development within the Pinelands Area of Monroe Township shall be given to the Pinelands Commission within five days following such preliminary approval by the respective board involved and shall contain that information as specified in § 175-39C.
[Amended 10-3-1988 by Ord. No. O-21-88]
(2)
No person shall carry out any development within the Pinelands Area of Monroe Township pursuant to a preliminary approval granted by the Planning Board or, when applicable, the Zoning Board of Adjustment under the provisions of § § 175-59 and 175-61 of this chapter, until he/she has received the notice from the Pinelands Commission that review of the Township's approval is not required or until review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42 and a final order regarding the approval is received by the Township from the Pinelands Commission.
[Amended 7-18-1984 by Ord. No. O-11-84; 10-3-1988 by Ord. No. O-21-88]
(3)
Action upon decision.
(a)
If the Executive Director or Pinelands Commission
disapproves any preliminary approval of an application for development,
the Planning Board or Zoning Board of Adjustment shall within 30 days
revoke such preliminary approval and, thereafter, deny approval of
such application.
[Amended 10-3-1988 by Ord. No. O-21-88]
(b)
If the Executive Director or Commission approves
a preliminary approval subject to conditions, the local board shall,
within 30 days, modify its preliminary approval to include all conditions
imposed by the Executive Director or Commission and shall grant final
approval only if the application for final approval demonstrates that
such conditions have been or will be met by the applicant.
C.
Notice of changes made subsequent to local preliminary
approval.
(1)
The approving board shall give notice to the Commission of any design, engineering or other changes made to any application for development by an applicant subsequent to any local preliminary approval reported to the Commission pursuant to § 175-63B(l) above, including changes made in response to conditions imposed by the Executive Director or Commission as a result of any review of a local preliminary approval. Said notice to the Pinelands Commission shall be in accordance with § 175-39A.
[Amended 10-3-1988 by Ord. No. O-21-88]
(2)
Any such change shall be subject to subsequent review
by the Commission pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42
in the same manner as the original preliminary approval.
[Amended 10-3-1988 by Ord. No. O-21-88]
D.
Commission review following final local approval.
(1)
Notice of a final determination by a local board with respect to any application for development within the Pinelands Area of Monroe Township shall be given to the Pinelands Commission within five days following such final action by the respective board involved and shall contain that information specified in § 175-39C.
[Amended 10-3-1988 by Ord. No. O-21-88]
(2)
Notice from Commission required.
(a)
No person shall carry out any development within
the Pinelands Area of Monroe Township, pursuant to a final approval
of an application for development which has been granted by a local
board, until he or she has received notice from the Pinelands Commission
that said approval raises no substantial issues with respect to the
conformance of the proposed development with the minimum standards
of the Pinelands Comprehensive Management Plan.
(b)
If substantial issues are raised by the Pinelands
Commission, the effect of said Pinelands Commission notice will be
to suspend the final approval of the respective local board on the
application for development until the Commission review of said approval
has been completed.
(3)
Action upon decision.
(a)
If the Commission disapproves the final local
approval of any such application, the local board shall, within 30
days revoke such approval and, thereafter, deny final approval of
such application.
[Amended 10-3-1988 by Ord. No. O-21-88]
(b)
If the Commission approves the local permitting
board's approval of any such application, subject to conditions, the
local permitting board shall, within 30 days, modify its approval
to include all conditions imposed.
E.
Other applications for development.
[Amended 10-3-1988 by Ord. No. O-21-88]
F.
Public development. All development proposed by the Township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in Article XIII of this chapter.
[Amended 10-3-1988 by Ord. No. O-21-88]
G.
Participation of Pinelands Commission in public hearings.
The Pinelands Commission may participate in a hearing held in the
Township involving the development of land in the Pinelands Area pursuant
to N.J.A.C. 7:50-4.36.
[Added 10-3-1988 by Ord. No. O-21-88]
H.
Review by Environmental Commission. All applications
for major development, forestry and resource extraction shall be referred
to the Environmental Commission for review and comment.
[Added 10-3-1988 by Ord. No. O-21-88]
A.
In the event that an applicant submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the reviewing board shall continue
to process such application for development in accordance with this
chapter and N.J.S.A. 40:55D-1 et seq. If such application for development
complies with this chapter, the board shall approve such application
conditioned on removal of such legal barrier to development.
B.
In the event that the development proposed requires
an approval by a governmental agency other than the reviewing board,
said board shall, in appropriate instances, condition its approval
upon the subsequent approval of such other governmental agency, provided
that the reviewing board shall make a decision on any application
for development within the time period provided in this chapter or
within an extension of such period as has been agreed to by the applicant
unless the board is prevented or relieved from so acting by the operation
of law.
In reviewing any plan, the Board shall consider:
A.
Pedestrian and vehicular traffic movement within and
adjacent to the site, with particular emphasis on the provision and
layout of parking areas, off-street loading and unloading, movement
of people, goods and vehicles from access roads, within the site,
between buildings and between buildings and vehicles. The Planning
Board shall ensure that all parking spaces are usable and are safely
and conveniently arranged. Access to the site from adjacent roads
shall be designed so as to interfere as little as possible with traffic
flow on these roads and to permit vehicles a rapid and safe ingress
to and egress from the site. All of the above shall be consistent
with municipal, county and state requirements.
B.
The design and layout of buildings and parking areas
shall be reviewed so as to provide an aesthetically pleasing design
and efficient arrangement. Particular attention shall be given to
safety and fire protection, impact on surrounding development and
contiguous and adjacent buildings and lands.
C.
Adequate lighting shall be provided to ensure safe
movement of persons and vehicles and for security purposes. Lighting
standards shall be a type approved by the Planning Board. Directional
lights shall be arranged so as to minimize glare and reflection on
adjacent properties.
D.
Buffering shall be located around the perimeter of
the site to minimize headlights of vehicles, noise, light from structures,
the movement of people and vehicles, and to shield activities from
adjacent properties when necessary. Buffering may consist of fencing,
evergreens, shrubs, bushes, deciduous trees or combinations thereof
to achieve the stated objectives.
E.
Landscaping shall be provided as part of the overall
site plan design and integrated into building arrangements, topography,
parking and buffering requirements. Landscaping shall include trees,
bushes, shrubs, ground cover, perennials, annuals, plants, sculpture,
art and/or the use of building and paving materials in an imaginative
manner.
F.
Signs shall be designed so as to be aesthetically
pleasing, harmonious with other signs on the site and located so as
to achieve their purpose without constituting hazards to vehicles
and pedestrians.
G.
Storm drainage, sanitary waste disposal, water supply
and garbage disposal shall be reviewed and considered. Particular
emphasis shall be given to the adequacy of existing systems and the
need for improvements, both on site and off site, to adequately carry
runoff and sewage and to maintain an adequate supply of water at sufficient
pressure.
H.
Environmental elements relating to soil erosion, preservation
of trees, protection of watercourses and resources, noise, topography,
soil and animal life shall be reviewed, and design of the plan shall
minimize any adverse impact on these elements.
I.
In the Pinelands Area of the Township, the extent
to which the standards of the Pinelands Comprehensive Management Plan
have been observed in the design of the development.
