[Amended by Ord. No. 94-05]
A.
Any plat or plan submitted less than the required
time prior to a regular meeting shall not be considered until the
next regular meeting of the Board following the filing date.
B.
Upon receipt of a preliminary plat or plan, the Secretary
of the Board shall distribute copies of the preliminary plat or plan
as follows, retaining one copy for the Planning Board or Board of
Adjustment files:
(1)
Board members: one copy each.
(2)
Township Clerk: one copy.
(3)
Board Attorney: one copy.
(4)
Board Engineer: one copy.
(5)
Planning consultant: one copy.
(6)
County Planning Board: three copies and one copy of
the completed application form.
(7)
Board of Health: one copy.
(8)
Environmental Commission: one copy.
(9)
New Jersey Department of Environmental Protection:
two copies and two copies of the completed application form.
C.
The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Part 3 of this chapter.
D.
The Board, at the next regular meeting subsequent to the receipt of all reports requested by the Board from the Citizens' Advisory Committee, and other advisory commissions, or required from the Township's professional consultants, or any other agencies or boards, shall set the date and place for the public hearing thereon and shall inform the applicant of this. Notice of such hearing shall be given, minutes of such hearing kept, and such hearing shall be conducted pursuant to the requirements of Part 3 of this chapter.
E.
A complete application for a subdivision of 10 or
fewer lots, or for a site plan of 10 acres of land or less or 10 dwelling
units or less, shall be acted upon within 45 days of the date of such
submission, or 120 days if a variance is required, or within such
further time as may be consented to by the developer. A subdivision
of more than 10 lots, or a site plan that involves more than 10 acres
of land or more than 10 dwelling units, shall be acted upon within
95 days of the date of such submission, or 120 days if a variance
is required, or within such further time as may be consented to by
the developer. Otherwise, the Planning Board shall be deemed to have
granted preliminary subdivision or site plan approval.
F.
In the review of site plan applications, the Board
shall make general findings with respect to the following:
(1)
Adequacy of building space and arrangement.
(2)
Traffic access, pedestrian and traffic circulation,
parking facilities and off-street loading facilities.
(3)
Disposition of usable open space.
(4)
Landscaping plans, including all required buffer areas
along the site perimeter.
(5)
That all off-site improvements, such as curbing, paving,
widening of existing streets and drainage, which will be effected
by the proposed use are sufficient for such use.
(6)
Conduciveness to the planned, orderly development
of the area, as well as the site in question.
(7)
Preservation of historic buildings and natural features
on the site.
(8)
Conformance to requirements of this ordinance or to
a variance therefrom granted pursuant to Township ordinances.
(9)
The development shall meet the requirements of the
Township Watercourse Ordinance (Ord. No. 4, 1974), if applicable.
(10)
Such other special considerations as are applicable.
G.
If the Board requires any substantial amendment in
the layout of improvements proposed by the developer that have been
the subject of a hearing, an amendment application for development
shall be submitted and proceeded upon, as in the case of the original
application for development. The Board shall, if the proposed development
complies with the requirements of the Township ordinances, grant preliminary
site plan approval, with or without conditions attached.
H.
Approval of the site plan by the Hunterdon County
Planning Board shall be required prior to preliminary approval by
the Township Board. County Planning Board approval shall consist of
either timely receipt of a favorable report or approval by the failure
of the County Planning Board to report within the required time period.
I.
Approval of a soil erosion and sediment control plan,
pursuant to Township ordinances, shall be required prior to preliminary
site plan approval.
J.
If the Planning Board, after consideration and discussion
of the preliminary plat or plan, determines that it is unacceptable,
a notation to that effect shall be made on the plat or plan, and a
resolution adopted setting forth the reasons for such rejection. One
copy of the plat or plan and resolution shall be returned to the applicant
within seven days of the date of such determination. The applicant
may thereafter resubmit a revised preliminary plat or plan for further
consideration of the Planning Board.
K.
Nothing in this section shall preclude a developer
from submitting the preliminary and final site plan as one submission,
provided that all requirements of the final site plan shall be adhered
to.
A.
If the Planning Board or Board of Adjustment determines,
by resolution, that the preliminary plat is acceptable, it shall make
a notation to that effect, and a resolution shall be adopted setting
forth the approval and any conditions of such approval.
B.
Preliminary approval of a major subdivision and site plan shall, except as provided in Subsection C of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including, but not limited
to, use requirements; layout and design standards for streets, curbs
and sidewalks; lot sizes; yard dimensions and off-tract improvements;
and, in the case of a site plan, any requirements peculiar to site
plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing
herein shall be construed to prevent the municipality from modifying
by ordinance such general terms and conditions of preliminary approval
as related to public health and safety.
(2)
That the applicant 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, as the case may be.
(3)
That the applicant may apply for and the appropriate
board may grant extension on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design and improvement standards have
been revised by ordinance, such revised standards may govern.
C.
In the case of a subdivision of or site plan for an area of 50 acres or more, the appropriate board may grant the rights referred to in Subsection B(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the appropriate board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the appropriate board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development; provided that if the design and improvement standards have been revised, such revised standards may govern.
D.
Where a developer plans to install the site improvements
prior to final approval, the developer may submit the engineering
plans and specifications for the improvements to the Municipal Engineer,
who shall approve them within 35 days. In the event of a denial, the
specific reasons must be enumerated in a letter to the applicant.
If revised plans are submitted in response to the denial letter, they
shall be approved or denied within 20 days with the same requirement
as previously imposed for a denial. After the plans are approved,
the developer may install the site improvements prior to final approval.
The developer shall be required to furnish a restoration bond for
120% of the maximum cost of restoring the site in the event that the
improvements are not complete within two years from the commencement
of the work on any section in the development or prior to the expiration
of preliminary approval, whichever occurs first. The bond shall either
be a security bond, a letter of credit, or an escrow account in accordance
with this chapter. The type, form, and amount of the bond are subject
to the approval of the Municipal Engineer and the Municipal Attorney.
E.
The applicant shall provide the Secretary of the appropriate
board with nine copies of the approved preliminary plat, which shall
be distributed as follows:
[Amended by Ord. No. 94-05]
A.
The application for final subdivision or site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Part 3 of this chapter.
B.
Any plat which requires County Planning Board approval
pursuant to N.J.S.A. 40:27-12 shall be forwarded to the County Planning
Board for its report and recommendation. Approval by the County Planning
Board of any such final subdivision plat shall be required prior to
final approval by the Board.
C.
Final approval shall be granted or denied within 45
days after submission of a complete application to the administrative
officer of the Board, or within such further time as may be consented
to by the applicant. Failure of the Board to act within the period
prescribed shall constitute final approval and a certificate of the
administrative officer as to the failure of the Planning Board to
act shall be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and, in the case of subdivision plats, shall be so
accepted by the county recording officer for purposes of filing.
D.
If the Board favorably approves of a final plat or
plan, the Chairman and Secretary of the Board shall affix their signatures
thereto, indicating such favorable action, and shall adopt a resolution
memorializing such approval and any conditions therein.
E.
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat by the Chairman and Secretary
of the Board unless within such period the plat shall have been duly
filed by the developer with the county recording officer. The 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.
F.
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. The signatures of the Chairman and Secretary of the Board shall not be affixed until the developer has installed the required improvements or has posted the guarantees required pursuant to Part 2 of this chapter.
G.
If any person is aggrieved by the action of the Planning
Board, appeal in writing to the governing body may be taken within
10 days after the date of the action of the Planning Board. A hearing
thereon shall be had on notice to all parties in interest, who shall
be afforded an opportunity to be heard. After such a hearing, the
governing body may affirm or reverse the action of the Planning Board
by a recorded vote of a majority of the total members thereon. The
findings and reasons for the disposition of the appeal shall be stated
on the records of the governing body and the applying party shall
be given a copy.
A.
The zoning requirements applicable to the preliminary
approval granted and all other rights conferred upon the developer
pursuant to preliminary approval whether conditionally or otherwise
shall not be changed for a period of two years after the date of final
approval; provided that in the case of major subdivision the rights
conferred by this section shall expire if the plat has not been duly
recorded within the time period provided in N.J.S.A. 40:55D-54. If
the developer has followed the standards prescribed for final approval
and in the case of a subdivision has duly recorded the plat, the Planning
Board may extend such period of protection for extensions of one year,
but not to exceed three extensions. The granting of final approvals
terminates the time period of preliminary approval for the section
granted final approval.
B.
In the case of conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval; economic conditions; and the comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor are permissible under final approval; the number of dwelling units and nonresidential floor area remaining to be developed; economic conditions; and the comprehensiveness of the development.
[Amended by Ord. No. 98-11]
The developer shall undertake construction in conformance with the approved final site plan. If there are changes of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan or Part 4, Zoning, of this chapter, the Board may approve new deviations from the final site plan.
