[Amended 4-6-1989 by Ord. No. 89-3, 9-4-2003 by Ord. No. 03-05; 6-1-2006 by Ord. No. 06-09]
A.
Assignment. Any person who intends to file an application for development for review by the Planning/Zoning Board shall obtain all necessary forms and checklists from the Secretary of the Planning/Zoning Board. The applicant shall submit 21 copies of all completed application forms, checklists, plans, documents, and other materials, together with all applicable fees and initial escrow deposits per Mannington Code Chapter 46, to the Planning/Zoning Board Secretary, at least 14 days prior to the next regularly scheduled meeting. The Secretary shall immediately forward a complete set of copies of the application materials to the Planning/Zoning Board Engineer and such other persons as designated by the Board.
[Amended 5-1-2008 by Ord. No. 08-03]
B.
Specifications and checklists for items and information
to be submitted for complete applications for development:
(1)
In order for an application for development to be complete for purposes of commencing the applicable time period for action by a municipal agency pursuant to N.J.S.A. 40:55D-10.3, the items set forth in Schedule A, General Requirements (available from the Planning/Zoning Board Secretary) must be submitted, regardless of the type of application for development, as well as those items on Schedules B, C, D, and SWM for the particular type of application being made. Said schedules shall serve as checklists and shall be provided to each applicant for development approval. Said Mannington Township Land Development checklists Schedules A, B, C, D and SWM are attached at the end of this § 70-12 and are a part hereof.[1]
[Amended 5-1-2008 by Ord. No. 08-03]
[1]
Editor's Note: Schedules A, B, C and D are
included at the end of this chapter.
(2)
A development application shall be complete for purposes of commencing the applicable time period for action by the approving authority, when so certified by the approving authority or its authorized committee or designee. In the event that the Board, committee, or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on the checklist of items to be submitted, specified herein and provided in writing to the applicant, and the approving authority or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its authorized committee shall grant or deny the request within 45 days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The approving authority may subsequently require correction of any information found to be in error, and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the approving authority. A certification or statutory deeming of completeness shall automatically confirm that the applicant's submissions to the Planning Board meet the criteria to qualify as an application for development as defined in this Chapter 70, and shall establish the date of submission for the application for development as defined in this Chapter 70.
[Amended 4-7-2011 by Ord. No. 11-02]
(3)
An applicant may appeal the committee or designee's
decision concerning completeness of an application to the Board which
has jurisdiction to hear the application. The Board shall have 45
days after receipt of a written request to schedule a public hearing
at which time the Board will determine if the application is complete.
The Board shall affirm, modify, or reverse the decision of the committee
or designee.
[Amended 4-7-2011 by Ord. No. 11-02]
A.
All applications for development as defined by this Chapter 70 are subject to the review and approval requirements specified herein.
B.
The Planning/Zoning Board shall determine, on the basis of advice from the Planning Board Engineer, Solicitor, Planner and/or Secretary, whether the applicant's submission is complete and properly submitted as an application for development and therefore subject to review, or whether it is incomplete, in which case the applicant shall be advised within 45 days of the submission as to the additional materials required. A certification or deeming of completeness pursuant to N.J.S.A. 40:55D-10.3 shall automatically confirm that the applicant's submissions to the Planning Board meet the criteria to qualify as an application for development as defined in this Chapter 70, and shall establish the date of submission for the application for development as defined in this Chapter 70.
C.
The submission of an amended application for development as defined in this Chapter 70 shall constitute, and shall be processed and reviewed by the Planning Board as in the case of the original application for development, as a new application for development that has replaced the previous one. An amended application for development shall be subject to application fee and escrow deposit requirements for resubmission or revision of a development plan or application per the fee schedule established in Mannington Township Code § 46-5. An amended application for development is not a resubmitted application for development as defined in this Chapter 70.
D.
The submission of a resubmitted application for development as defined in this Chapter 70 shall be processed and reviewed by the Planning Board as a new application for development. A resubmitted application for development shall be subject to application fee and escrow deposit requirements for resubmission or revision of a development plan or application per the fee schedule established in Mannington Township Code § 46-5, provided that if the Planning Board determines that the date of submission of a resubmitted application for development is on or before the 30th day following the date of the Planning Board Secretary's
receipt of the applicant's notice of withdrawal of the prior application,
or on or before the 30th day following the Planning Board's adoption of its resolution denying the prior application without prejudice, then the Planning Board shall, at the applicant's request, waive the application fee for the resubmitted application for development on the condition that the applicant's review escrow must be replenished within a Board-specified deadline in an amount sufficient to reimburse the Township for all professional fees relating to the prior application and to restore the review escrow to its initially required amount. A resubmitted application for development is not an amended application for development as defined in this Chapter 70. An application that has been denied with prejudice may not be resubmitted.
E.
When an applicant elects to bifurcate a development proposal pursuant to N.J.S.A. 40:55D-76.b. (and as that term is defined in this Chapter 70), each application that is submitted as part of an applicant's bifurcated development proposal presentation (the initial separate application and any subsequent application as those terms are referenced in N.J.S.A. 40:55D-76.b.) shall constitute and be processed and reviewed by the Planning Board as a separate new application for development, with each application being subject to the payment of all fees and escrows that are required for new applications, and each application having a separate certification or deeming of completeness, and a separately established "date of submission" as defined in this Chapter 70.
F.
Except in extraordinary or exceptional circumstances as provided below, the Planning Board shall neither request nor grant any extension of the applicable statutory deadline for decision for any application for development that has a date of submission that predates one or more amendments to this Chapter 70 with which the application for development does not comply. The Planning Board shall promptly schedule hearings for each such application for development and in each instance shall provide the applicant with no less than 30 days' written notice of the scheduled hearing date. If an applicant to whom such notice is sent does not appear at the scheduled hearing, or appears but is unprepared to proceed with the hearing, the hearing may be postponed by the Planning Board, but only to a meeting date within the applicable statutory deadline for decision on the application. If insufficient time for decision remains within the applicable statutory deadline to reschedule the hearing in this manner, or if such a postponement is otherwise impracticable for the applicant or the Planning Board, the application for development shall be denied. Under extraordinary or exceptional circumstances the Planning Board may, subject to the applicant's waiver of the applicable statutory deadline for decision, reschedule the application for a hearing to occur within the sixty-day period immediately following the date of the applicable statutory deadline, provided that if the applicant does not appear at the rescheduled hearing, or appears but is unprepared to proceed with the hearing, the hearing shall not be further rescheduled and the application for development shall be denied.
G.
In the event the Planning Board has granted a definite or indefinite extended hearing schedule for a complete application for development and the Planning Board's grant of such extension occurs prior to one or more later amendments to this Chapter 70 with which the application for development does not comply, and if in such event more than 60 days remain in the extended hearing schedule, the Planning Board shall notify the applicant of the amendments, schedule the application for a hearing to occur within 60 days following the date the notice is issued, or within 60 days following the application's original applicable statutory deadline for decision, whichever is later, and otherwise rescind or waive the previously granted extended hearing schedule, provided that the aforesaid notice must be issued no less than 30 days prior to the hearing date specified in the notice. If an applicant to whom such notice is sent does not appear at the scheduled hearing, or appears but is unprepared to proceed with the hearing, the application for development shall be denied. Under extraordinary or exceptional circumstances the Planning Board may, subject to the applicant's further waiver of the applicable statutory deadline for decision, reschedule the application for a hearing to occur within the sixty-day period following the hearing date specified in the aforesaid notice, provided that if the applicant does not appear at the rescheduled hearing, or appears but is unprepared to proceed with the hearing, the hearing shall not be further rescheduled and the application for development shall be denied.
H.
Notices pursuant to above Subsections F and G shall be sent by certified mail, return receipt requested. The above scheduling, notice and application denial procedures are not limited to situations in which this Chapter 70 is amended in a manner with which a pending application does not comply; rather, these procedures may be used for such other applications and in such other circumstances as the Planning Board may deem appropriate.
I.
Any application
for development that the Planning Board determines will create, impose,
aggravate or lead to the possibility of one or more adverse effects
upon the property that is the subject of the application, or upon
adjacent or nearby properties or existing or proposed streets, may
be required to be revised to remove such adverse effects prior to
further review or, if not so revised, shall be denied.
J.
An applicant for subdivision or site plan approval
may make a sketch plat or plan submission for purposes of classification
and informal discussion. A conceptual sketch of the proposed site
plan or subdivision, is strongly recommended for major development,
prior to any sketch plat information requirements and affords the
applicant the opportunity to discuss the proposal in its formative
stages and receive the advice of the Planning/Zoning Board. If a sketch
submission results in classification as a major subdivision, the application
shall not be deemed to be complete until all preliminary application
requirements have been met. Notwithstanding these procedures for sketch
submissions, nothing shall prohibit an applicant from initially submitting
to the Planning/Zoning Board for preliminary major subdivision approval.
K.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3) in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6) in the case of a site
plan, the Planning/Zoning Board shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required period.
Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application or within such further time as may be consented to by the applicant. Said approval shall not be subject to notice requirements or a public hearing and shall be the final action of the Board which may be conditioned upon improvement provisions specified in Part 5 of this chapter, pursuant to N.J.S.A. 40:55D-38. Failure of the Planning/Zoning Board to act within the prescribed period shall constitute minor subdivision approval. Approval of a minor subdivision shall expire 190 days from the date of Planning/Zoning Board approval unless within such period, a plat in conformity with such approval and 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 County Clerk, Township Engineer, and Township Tax Assessor. Any such plat or deed must be signed by the Chair and Secretary of the Planning/Zoning Board before it will be accepted for filing by the County Clerk. The zoning requirements and approval terms and conditions shall not be changed for a period of two years after the date of minor subdivision approval provided the subdivision has been duly recorded.
A.
Preliminary approval:
(1)
Upon submission of a complete preliminary application
for a subdivision of 10 or fewer lots, or a site plan of 10 acres
or less, the Planning/Zoning Board shall grant or deny preliminary
approval within 45 days of submission or within such time as may be
consented to by the developer. Upon submission of a complete preliminary
application for a subdivision of more than 10 lots, a site plan of
more than 10 acres, or planned development application, the Planning/Zoning
Board shall grant or deny preliminary approval within 95 days or within
such further time as may be consented to by the developer. All such
applications shall be subject to a public hearing after proper notice.
Failure to act within the period prescribed shall constitute preliminary
approval of the subdivision or site plan.
(2)
In the event preliminary approval of a subdivision
or site plan is denied because of failure to comply with municipal
or regional development regulations, a notation to that effect together
with the signature of the Planning/Zoning Board Secretary shall be
placed on the plan, and reasons for this decision shall be stated
in the denial resolution.
(3)
Preliminary approval of a major subdivision, site
plan, or planned development shall be granted by resolution which
shall set forth any conditions that must be met, including required
performance guaranties, and plat changes that must be made precedent
to final action. A notation indicating preliminary approval shall
be placed on each plat and plan together with the signature of the
Chair and Secretary of the Planning/Zoning Board. This preliminary
approval does not authorize the recording of a subdivision or the
issuance of a building permit for a site plan.
(4)
Preliminary approval of a subdivision plat or site
plan shall confer upon the developer the following rights:
(a)
That the zoning requirements and the general
terms and conditions on which preliminary approval was granted shall
not be changed for a three-year period from the date of preliminary
approval unless modified by ordinance provisions relating to public
health or safety;
(b)
That the developer may submit for final approval,
on or before the expiration date of preliminary approval, the whole,
or a section or sections of the preliminary subdivision plat or site
plan; and
(c)
That the applicant may apply for and the Planning/Zoning
Board may grant extensions of one year or longer as provided in N.J.S.A.
40:55D-49.
(5)
Preliminary subdivision approval or preliminary site
plan approval shall expire and be of no further effect unless a complete
application for final approval for such subdivision or site plan has
been submitted to the Mannington Township Planning Board within a
three-year period from the date on which the resolution of preliminary
approval was adopted, or prior to the expiration of any extensions
granted by the Planning Board on such preliminary approval for additional
periods of time as permitted by law.
[Added 4-1-2004 by Ord. No. 04-02]
B.
Final approval:
(1)
Application for final major subdivision or site plan
approval shall be granted or denied within 45 days of submission of
a complete final application, or within such further time as may be
consented to by the developer. Failure of the Planning/Zoning Board
to act within the prescribed period shall constitute final approval.
(2)
Final approval of a major subdivision, site plan,
or planned development shall be granted only after all requirements
and conditions imposed at the time of preliminary approval have been
complied with and all required easements have been submitted and approved,
as to content by the Township Engineer and approved as to form by
the Township Solicitor.
(3)
Final approval of a major subdivision shall expire
95 days from the date of the signing of the plat unless, within such
period, a plat meeting the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.)
and bearing the signature of the Chair and Secretary of the Planning/Zoning
Board, shall have been duly filed with the County Clerk. The Planning/Zoning
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.
(4)
Final approval of a major subdivision or site plan
shall confer upon the developer the following rights:
(a)
Zoning requirements applicable to the preliminary approval first granted, and all other rights conferred upon the developer in Subsection A of this section shall not be changed for a period of two years after the date of final approval, provided that in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly and properly recorded. The Planning/Zoning Board may extend such protection periods by extensions of one year, but not exceeding three such extensions. The granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Subsection A of this section for any portion granted final approval.
(b)
In the case of a subdivision or site plan of
planned development or residential cluster of 50 acres or more, or
a conventional subdivision or site plan for 150 acres or more, the
Planning/Zoning Board may extend the period of protection as provided
in N.J.S.A. 40:55D-52.
(5)
Upon final approval, copies of the approved plat or
plans shall be distributed by the Planning/Zoning Board Secretary
to the Planning/Zoning Board files, Township Engineer, Zoning Officer,
Tax Assessor, County Planning Board, and to the applicant.
In exercising its power to grant conditional uses pursuant to N.J.S.A. 40:55D-67 and § 70-11A(7) of this chapter, the Planning/Zoning Board shall grant or deny a conditional use application within 95 days of submission of a complete application, or within such further time as may be consented to by the applicant. Said application shall be subject to a public hearing after proper notice. The review of the conditional use application shall include any required site plan review within this prescribed period. Failure of the Planning/Zoning Board to act within the prescribed period shall constitute approval of the application.
Whenever the Planning/Zoning Board is called upon to exercise its ancillary powers before granting approval for a variance, or for the issuance of building permits as set forth in § 70-11A(7) of this chapter, the Planning/Zoning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application, or within such further time as may be consented to by the applicant. Failure of the Planning/Zoning Board to act within the period prescribed shall constitute approval.
The Planning/Zoning Board shall have the power
to review and approve or deny conditional use or site plans, simultaneously,
with review for subdivision approval, without the developer being
required to make further application to the Planning/Zoning Board,
or the Planning/Zoning Board being required to hold further hearings.
The longest time period for action by the Planning/Zoning Board, whether
it be for subdivision, conditional use or site plan approval shall
apply. Whenever approval of a conditional use is requested by the
developer pursuant to this section, notice of the hearing on the plat
shall include reference to the request for such conditional use.
The Planning/Zoning Board, when acting upon
application for a preliminary or minor subdivision approval or preliminary
site plan approval, shall have the power to grant such exceptions
from the general purpose and intent of the provisions for review and
approval of this chapter, if the literal enforcement of one or more
provisions of this chapter is impractical or will exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided such exceptions and the reasons therefor shall be recorded
in the minutes.
