All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such applications shall be governed by the provisions of Article III of this chapter.
Any other provisions of the ordinances of the Borough of South
River to the contrary notwithstanding, public notice and notice with
respect to all applications for development, with the exception of
applications for final approval pursuant to N.J.S.A. 40:55D-50, shall
be given in accordance with the provisions of N.J.S.A. 40:55D-12.
At the request of the developer, the reviewing board shall grant
an informal review of a concept plan for development for which the
developer intends to prepare and submit an application for development.
The amount of any fees for such an informal review shall be a credited
toward the application fees for review for the application for development.
The developer shall not be bound by any concept plan for which review
is requested, and the reviewing board shall not be bound by any such
review.
A.
In addition to the current required submittals set forth above, all
drawings associated with the preliminary and final application of
major site plans, minor subdivisions, and major subdivisions and their
applicable reports shall be submitted in Adobe Portable Document Format
(PDF) at 400 by 400 dpi. All other documents, such as but not limited
to application, escrow sheet, completion checklist, environmental
impact study, traffic study, stormwater report, sewer and water report,
reforestation or woodland management plan, and permits associated
with the application, shall be submitted in Adobe Portable Document
Format (PDF) at 300 by 300 dpi. All revisions and resubmissions shall
also be submitted in these formats.
B.
All filed maps and required final as-built plans shall be submitted
in one of the following formats: Autocad Drawing File (dwg), ESRI
Shape File (shp), Drawing Exchange Format File (dxf) or Microstation
drawing file (dgn) and contain coordinate values for at least three
identifiable boundary corners (preferably in the 1983 New Jersey State
Plane Coordinate System). Exceptions may be granted by the approving
board for circumstances where production of a CAD file presents an
undue hardship.
A.
Conditions precedent.
(1)
Whenever any application for development is approved subject to specified
conditions intended to be fulfilled before the approval becomes effective,
said conditional approval shall lapse and become null and void unless
all specified conditions, other than those contemplated by N.J.S.A.
40:55D-22b, are fulfilled within 180 days of the date of conditional
approval.
(2)
Proof that applications have been filed with all other agencies having
jurisdiction over any aspect of the application for development shall
be filed with the municipal agency.
(3)
The fulfillment of all conditions precedent shall be reported in
writing to the municipal agency, which may cause such reports to be
verified in an appropriate manner. Only upon fulfillment of all conditions
shall any subdivision map or site plan be signed or any required building
permit, occupancy permit or zoning permit be issued.
(4)
When all conditions have been fulfilled with respect to any minor
or major subdivision, the applicant shall, within 45 days of the fulfillment
of all such conditions, submit his deed or map for signature in accordance
with N.J.S.A. 40:55D-47 or 40:55D-54 or any such approval shall lapse
and be of no force and effect; provided, however, that the applicant
may, for good cause shown, obtain an extension either before or after
the lapse of said forty-five-day period within a reasonable exercise
of the Board's judgment.
B.
Conditions subsequent.
(1)
Whenever any application for development is approved subject to conditions,
which by their terms are incapable of being fulfilled or are not required
to be fulfilled prior to the final approval of the application, the
performance of which are not guaranteed by bonds or securities of
any type, failure to fulfill any such conditions within 180 days from
the date of final approval of the application for development shall
be grounds for the issuance of a stop-work order by the enforcing
official and the withholding of any zoning permit, certificate of
occupancy or any other approval until such condition or conditions
are fulfilled.
(2)
Nothing herein contained shall be construed as preventing the municipal
agency from specifying a longer period of time within which any specific
condition must be fulfilled or from granting upon an ex parte application
an extension of time for good cause shown.
(3)
The fulfillment of all conditions shall be reported in writing to
the municipal agency, which may cause such reports to be verified
in an appropriate manner.
(4)
For purposes of calculating the time period in which conditions must
be fulfilled, such time period shall commence from the date on which
the resolution memorializing an approval was adopted.
C.
Any variance from the terms of this chapter hereafter granted by
the Planning Board or the Board of Adjustment permitting the erection
or alteration on any structure or structures or permitting a specified
use of any premises shall expire by limitation unless such construction
or alteration shall have been actually commenced on each and every
structure permitted by said variance, or unless such permitted use
has actually been commenced, within nine months from the date of entry
of the judgment or determination of the Board of Adjustment; except,
however, that the running of the period of limitation herein provided
shall be tolled from the date of filing an appeal from the decision
of the Board of Adjustment to the governing body, or to a court of
competent jurisdiction until the determination in any manner of such
appeal or proceeding.
All regular and alternate members of the Planning Board and
the Zoning Board of Adjustment shall be required to successfully complete
a course in land use law and planning which has been authorized by
the New Jersey Commissioner of Community Affairs and/or New Jersey
planning officials within 18 months of assuming Board membership.
No new member of the Planning Board/Zoning Board of Adjustment shall
be seated as a first-term member or alternate member of the Board
unless the person agrees to complete the basic course required and
complete that course within 18 months of assuming Board membership.
The Mayor or Class I member, a member of the governing body serving
as a Class III member, and any person licensed as a professional planner
shall be exempt from this requirement.
