[Amended 12-27-2023 by Ord. No. 13-2023]
The purpose of this article is to establish the procedure for Planning Board review and action on applications for subdivisions and/or site plans. The procedure is intended to provide orderly and expeditious processing of such applications.
A. 
The approval provisions of this chapter shall be administered by the Planning Board of the Township of West Amwell pursuant to the provisions of the Municipal Land Use Law, P.L. 1975, c. 291, as amended.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Whenever the Board of Adjustment is reviewing an application for a use variance, it shall have the power to grant site plan or subdivision approval to the same extent and subject to the same restrictions as the Planning Board. Whenever the term "Planning Board" is used in connection with site plan or subdivision approval in this chapter, it is understood to mean Board of Adjustment when subdivision or site plan approval is being requested as part of an application for a use variance.[2]
[2]
Editor's Note: Ordinance No. 13-2023, adopted 12-27-2023, provided for vesting in the Planning Board all of the powers of the Zoning Board of Adjustment.
C. 
The Planning Board shall have the power to review and approve or deny site plans or conditional uses simultaneously with review for subdivision approval without the applicant being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, site plan or conditional use approval, shall apply. Whenever approval of a conditional use is requested by the applicant pursuant to this subsection, notice of the hearing shall include reference to the request for such conditional use.
D. 
Application of requirements. No development shall take place within the Township, nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, or accessways thereto be constructed, installed or enlarged, nor shall any building permit, certificate of occupancy or other required permit be issued with respect to any such structure, land or parking area, except in accordance with an approval of such development granted pursuant to § 109-214 hereof, unless exempted in accordance with § 109-214E.
[Added 4-27-2011 by Ord. No. 7-2011]
E. 
Exemptions from site plan review and approval. Site plan approval shall not be required for any of the following:
[Added 4-27-2011 by Ord. No. 7-2011]
(1) 
Detached single-family dwellings, including accessory uses permitted as of right under applicable zoning districts, but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by Township ordinances.
(2) 
Construction of a parking area for three vehicles or fewer. Construction or expansion of parking areas which will accommodate more than three vehicles will require site plan review.
(3) 
Any structure or use for which a site plan review application was made to the Planning Board prior to the effective date of § 109-214 hereof under municipal ordinances and regulations then in effect and superseded by § 109-214 hereof and that is developed in accordance with an approval of such application heretofore given by the Planning Board pursuant to said prior ordinances and regulations, provided that such approval is less than two years old.
(4) 
A proposed development not involving a change in use and not affecting existing circulation, drainage, building arrangements, landscaping, buffering, lighting and other considerations of site plan review.
F. 
Waiver of site plan review requirements.
[Added 4-27-2011 by Ord. No. 7-2011]
(1) 
The site plan rules, regulations and standards set forth in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to the applicant’s land, the literal enforcement of § 109-214 hereof is impracticable or will exact undue hardship, the Planning Board may permit such exemption(s) and waiver(s) as may be reasonable, within the general purpose and intent of the rules, regulations and standards established by § 109-214 hereof.
(2) 
The Planning Board may also waive the requirements of § 109-214 hereof if the proposed development:
(a) 
Secured previous site plan approval under the terms of § 109-214 hereof.
(b) 
Involves normal maintenance or replacement, such as a new roof, painting, new siding or similar activity.
(c) 
Will not affect existing circulation, parking, drainage, building arrangements, landscaping, buffering, lighting and other considerations of site plan review.
[Amended by Ord. No. 94-05; 12-27-2023 by Ord. No. 13-2023]
For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the developer may request an informal review in accordance with the following requirements:
A. 
At the request of the applicant, the Planning Board shall authorize an informal review. The purpose of this review is to:
(1) 
Acquaint the applicant with the substantive and procedural requirements of the subdivision and site plan ordinance;
(2) 
Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, zoning ordinance and other development requirements;
(3) 
Advise the applicant of any public sources of information that may aid the application;
(4) 
Otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development;
(5) 
Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences;
(6) 
Permit input into the general design of the project.
B. 
The review allows the applicant to meet with appropriate municipal representatives. These individuals, who shall be designated by the Planning Board, may include:
(1) 
Representative(s) from the Planning Board;
(2) 
Township Engineer;
(3) 
Planning consultant;
(4) 
Representatives from the Environmental Commission, and other commissions, as deemed appropriate;
(5) 
Citizen Advisory Committee members;
(6) 
Any other municipal representative(s) invited by the Planning Board Chairperson.
C. 
The applicant shall not be bound by the determination of the preapplication conference, nor shall the Planning Board be bound by any such review.
A. 
Assignment.
(1) 
The applicant shall have the option of seeking the direction of the administrative officer of the Planning Board, or other designated person, as to which approvals are required and the appropriate board for hearing same, or of filing an application and proceeding before the board which the applicant believes to be appropriate. The designated person's determination shall be presumed to be correct. The following applications may be filed:
(a) 
Minor subdivision.
(b) 
Major preliminary subdivision.
(c) 
Major final subdivision.
(d) 
Site plan.
(e) 
General development plan.
(2) 
Note: Certain applications may involve a combination of actions.
B. 
Content. An application for development shall include the items specified in the appropriate checklists which are a part of this chapter and which constitute items required to be submitted for subdivision or site plan review. A copy of the appropriate checklist shall be completed by the applicant, and submitted with the application form.
C. 
Filing procedure.
[Amended by Ord. No. 93-11; Ord. No. 94-05; Ord. No. 98-11]
(1) 
At the time of filing the application, but in no event less than 10 days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the board.
(2) 
In addition, applicants before the Planning Board shall comply with the appropriate checklist as set forth below.
(3) 
In order to determine completeness of an application, there are hereby adopted the following checklists[1] which are made a part of this chapter and are on file in the Township Clerk's office:
[Amended 12-30-2009 by Ord. No. 33-2009]
(a) 
Checklist No. 1, Development Review Checklist, made a part of this chapter as 109 Attachment 9.
(b) 
Checklist No. 2, for the determination of completeness for general development planning approval, made a part of this chapter as 109 Attachments 10, 11 and 12.
(c) 
Checklist No. 3, Escrow Agreement, made a part of this chapter as 109 Attachment 15.
(d) 
Checklist No. 4, Memorandum of Understanding, made a part of this chapter as 109 Attachment 16.
[1]
Editor's Note: Checklist Nos. 1 through 4 are included at the end of this chapter.
(4) 
The applicant shall obtain all necessary forms, including the applicable checklist as set forth in the above section, from the Secretary of the Planning Board. The Secretary of the Planning Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
D. 
Complete application.
[Amended 9-2-2004 by Ord. No. 15-2004; 12-27-2023 by Ord. No. 13-2023]
(1) 
An application for development shall be complete for the purposes of commencing the appropriate time period for action by a board. The administrative officer shall make the determination that an application is deemed complete or incomplete. For the purposes of this section the administrative officer shall be the Planning Board Engineer for any application involving a site plan, subdivision or conditional use permit. A written determination shall be made within 45 days of the date an application is submitted. Failure to provide such a determination within 45 days shall result in the application being automatically deemed complete, pursuant to N.J.S.A. 40:55D-10.3 of the Municipal Land Use Law.
(2) 
When an application is determined by the administrative officer to be incomplete, a written determination shall be forwarded to the applicant. Upon a resubmittal by an applicant, a new forty-five-day review period shall commence. An applicant may also seek a waiver of one or more of the submittal requirements. Only the Planning Board can grant waivers. A request for waiver of submittal requirements must be submitted in writing and must state clearly the reason and justification for each waiver sought.