The attachment of reasonable conditions to development
applications are exercises of valid police powers delegated by the
state to the Borough. The applicant shall comply with reasonable conditions
required by the approving authority for use of the land. Where County
Planning Board or Pinelands Commission approval is required for a
subdivision or site plan, the approving authority shall condition
any approval it grants upon either the timely receipt of a favorable
report from those agencies or their approval due to their failure
to act within the required time period. If either report is negative
or attaches conditions, the original action by the Borough approving
authority shall be null and void and a new resolution shall be adopted
which considers the county or Pinelands report. Where the application
is barred or prevented by legal action as set forth in N.J.S.A. 40:55D-22
or if the application requires approval by a government agency other
than the Borough agency, the approving authority shall condition its
approval on removal of such legal barrier and/or upon the subsequent
approval of such government agency. In the event that the subsequent
approval by another governmental agency results in a change in the
conditionally approved plans by the Borough's approving authority,
the applicant shall resubmit the application to the Borough for its
review and approval.
The approving authority, when acting upon subdivision
and site plan applications, shall have the power to grant such exceptions
from the design and performance standards of this chapter as may be
reasonable and within the general purpose and intent of these requirements
if the literal enforcement of one or more provisions is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
The approving authority may waive required notices
and hearing from minor and exempt subdivisions and site plans, except
where a variance or conditional use is part of the application. Divisions
of land not considered a subdivision as defined in this chapter shall
be exempt from compliance with the requirements of this chapter only
after affirmative action by the approving authority. Such action shall
be taken following submission of documentation to the approving authority
showing the division of land for agricultural purposes (no residence)
where all resulting parcels are five acres or larger in size; divisions
by testamentary or intestate provisions; divisions of property by
court order; and conveyances so as to combine existing lots by deed
or other instrument, as the case may be. Until exempted from the subdivision
regulations by the approving authority, no person can transfer, sell
or agree to transfer or sell, as owner or agent, any land which forms
a part of a subdivision for which approval is required.
[Amended 9-15-1997 by Ord. No. 97-16]
A site plan review and approval is required
for all developments, including the conversion of any use of any other
use even though no new construction is planned when the conversion
occurs. Subdivision approval is required whenever a person intends
to divide, modify or consolidate property resulting in the addition,
removal or relocation of a lot line. The purpose of reviewing and
approving subdivision and site plans shall be to determine that the
new uses and other developments will conform to all appropriate municipal
regulations, the revised statutes of the State of New Jersey, the
resolutions of the County of Camden and all other applicable regulations
and to exercise the powers granted to the Borough under the Municipal
Land Use Law. Plan reviews shall be administered to ensure that existing
facilities shall be adequate for the proposed use and to ensure the
orderly growth and development, conservation, protection and proper
use of land and adequate provision for circulation, utilities and
services.
[Added 7-25-2001 by Ord. No. 2001:9]
A. All proposed applications for the construction of
a dwelling or other structure greater than 500 square feet in size
shall be required to submit two copies of a grading plan for review
and approval by the Township Engineer prior to the issuance of a construction
permit. A written communication of the results of such review and
a statement of approval or denial shall be provided by the Township
Engineer to the Construction Official. The appropriate escrow fees
for such reviews shall accompany the application for the construction
permit.
B. Prior to the issuance of a certificate of occupancy,
the applicant shall submit two copies of a final plan of survey for
review and approval by the Township Engineer. The Township Engineer,
upon review and acceptance of the plan, shall perform a final inspection
of the site prior to recommending a certificate of occupancy. A written
communication of the results of the inspection and a statement of
approval or denial shall be provided by the Township Engineer to the
Construction Official. The appropriate escrow fees for such review
and inspections shall accompany the application for the certificate
of occupancy.