At the time application is made to the Planning Board for a site plan or subdivision approval or to the Building Inspector for a building or occupancy permit, prior to the commencement of work in the other areas regulated under § 500-4 of this chapter, a developer shall submit an application on forms approved by the Administrator, together with filing fees, to the Building Inspector for approval under this chapter. Accompanying the application shall be three sets of plans sufficient to show the information required under Article V of this chapter. In the event the Building Inspector shall find that the plan submitted is insufficient to show the needed information, he shall require, prior to processing the application, the filing of a separate soil erosion and sediment control plan meeting the requirements of this chapter. Once the Building Inspector is in receipt of the application and plans meeting the requirements of this chapter, the application shall be deemed properly filed and the time periods hereinafter set shall begin to run.
The Building Inspector shall within five days forward one copy of the application and plans to the Environmental Commission and one copy to the Engineer. The Environmental Commission shall within 45 days of submission by the Building Inspector publicly meet and review the application plans submitted. The Engineer shall at this meeting provide a written report to the Commission on the proposal set forth within the application and plans and their conformity or lack of conformity to the standards set forth within this chapter. This report shall also state any recommendations which the Engineer feels are appropriate to carry out the purposes of this chapter. All professionals employed by the Environmental Commission under Article III of this chapter shall be paid for under an escrow arrangement established in accordance with the provisions of Article VII of this chapter.
The Commission, after review of the application
plans and reports, may by resolution:
A.
Approval. Approve the application whether with or
without conditions.
B.
Reject. Reject the application setting forth the basis
for the denial of approval.
C.
Continue. With the consent of the applicant, continue
the application for further study; continuance shall also continue
any other application which is pending before other agencies of the
Township who will rely upon the determination of the Commission in
reviewing the applicant's submission.
A.
Approval. Within seven days of approval of applicant's
application, the applicant shall receive one set of his application
and plans back from the Building Inspector together with a copy of
the approving resolution and the Engineer's report. The applicant
shall cause the submission to be modified to reflect all conditions
placed on the approval by the Commission. Upon completion but in no
event later than 30 days after submission to the applicant, the modified
plans shall be resubmitted to the Engineer for his determination that
they conform to the approvals granted by the Commission. At the same
time, the performance bond hereinafter required shall be submitted
to the Solicitor for his approval. After review and approval by the
Engineer and Solicitor of the submission made, which approval shall
be in writing and made within 10 days of submission, the Chairman
of the Environmental Commission or his designate shall note on the
plans that the approval by the Commission has occurred. It is contemplated
that the review process involved in this matter before the Planning
Board will occur simultaneously with the review process undertaken
by the Environmental Commission; it is specifically noted that, pursuant
to the Land Use Law,[1] all reviews by agencies other than the Planning Board
on an application for development shall be completed within the time
periods during which the Planning Board may conclude its review. In
the event that the Environmental Commission has had insufficient time
to review the application, it shall reject the application within
the time period permitted by law for consideration of the application
and certify this rejection to the Township Planning Board, who shall
consider in its review process the action taken by the Environmental
Commission.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Rejection. In the event that an application is rejected
by the Commission, the applicant shall have the right to appeal the
determination made to the Burlington Township Planning Board for an
application which requires further Planning Board action or to the
Burlington Township Zoning Board of Adjustment for applications which
do not require further Planning Board approval. In either event, the
appeal must be filed with the Building Inspector within 10 days of
rejection or said appeal shall be deemed waived by the applicant.
Said appeal shall be heard by the appealed-to agency within 45 days
of filing the appeal. At this hearing, the appellant shall have the
right to be represented by counsel, to testify and to call witnesses
on his behalf. After this hearing, the appealed to agency shall have
the right, by resolution, to affirm, modify or reverse the action
of the Commission. The applicant shall upon this determination have
the rights granted an appellant before either of the appealed to agencies
for such further review as is desired. In the event that an applicant
under an application for development shall file an appeal pursuant
to this provision, it shall be deemed to constitute a continuance
of the time period wherein the Planning Board, Zoning Board or governing
body may take action under the Municipal Land Use Act.
