[Amended 12-3-1998 by Ord. No. 255-20-98]
The Planning Board has certain powers to expedite
the review process. Its responsibilities are outlined below:
A.
The Planning Board shall have the power to grant subdivision
or conditional use approval simultaneously with site plan approval.
B.
The Planning Board shall have the power to review
applications for approval of subdivision plans, site plans or conditional
uses. Whenever relief is requested pursuant to this subsection, public
notice shall be given and shall include reference to the request for
a variance or direction for issuance of a permit, as the case may
be.
(1)
Grant variances pursuant to N.J.S.A. 40:55D-70c.
(2)
Direct, pursuant to N.J.S.A. 40:55D-34, issuance of
a permit for a building or structure in the bed of a mapped street
or public drainageway, flood control basin or public area reserved
pursuant to N.J.S.A. 40:55-34.
(3)
Direct, pursuant to N.J.S.A. 40:55D-36, issuance of
a permit for a building or structure not related to a street.
[Added 12-15-2011 by Ord. No. 255.21.2011]
A.
The Township's Planning Board Secretary shall provide an applicant
with written confirmation that an application has been submitted.
No application for development shall be deemed "submitted" until and
unless the Planning Board Secretary determines that the application
meets the following requirements:
(1)
All relevant blanks on the appropriate Township application
forms(s) are addressed and completed.
(2)
All plans required to be submitted have been submitted and are
sealed by the appropriate professionals, as required.
(3)
If waivers are requested from any checklist requirement, a written
explanation must be provided for each checklist item from which a
waiver is sought.
(4)
Checks in the correct amount for the application and escrow
fees are received.
(5)
An escrow agreement is properly executed by the applicant.
B.
An application for development shall be deemed complete within 45 days of being submitted if an Administrative Officer, as defined in the Bethlehem Township Municipal Code § 102-8, recommends that the application be deemed complete and all submission waivers granted and that recommendation is accepted by the Planning Board by way of a motion taken at a lawfully scheduled meeting. In the event the application is not certified to be complete within 45 days of the date of being submitted, the application shall be deemed complete as per N.J.S.A. 40:55D-10.3, unless:
C.
Nothing herein shall be construed as diminishing or alleviating the
applicant's obligation to prove its entitlement to the relief sought
after the application has been deemed complete.
D.
The Planning Board may subsequently require additional information
to correct any information in a complete application that is found
to be in error or require the submission of additional information
not specified in the ordinance, as may be reasonably necessary to
make an informed decision as to whether the requirements necessary
for an approval of the application have been met. The application
shall not be deemed incomplete for lack of any such additional information
or revisions in the accompanying documents so required by the approving
authority.
E.
There shall be submitted to the Planning Board with every application
for development a properly completed checklist, or checklists, appropriate
for each application for development for which approval is sought
or required. No application for development shall be complete unless
and until such properly completed checklist(s) has been submitted.
[Added 12-15-2011 by Ord. No. 255.21.2011]
A.
New application required for substantial change to application. Any
changes made to an application during the hearing process before the
Planning Board which are deemed by the Planning Board to be substantial
shall require a new application to be filed. All time frames will
begin from the date the new application is submitted and deemed complete.
B.
Dismissal of inactive applications. An application which is not brought
to a public hearing within six months of filing shall be administratively
dismissed without prejudice if the Planning Board Secretary finds
that the applicant is not diligently proceeding with the application.
A.
Subdivision review. All subdivisions, as defined under § 102-8, are subject to the review procedures specified herein.
B.
Site plan review. No construction permit shall be
issued for any new structure or for an addition to an existing structure
and no certificate of occupancy shall be issued for any change of
use of an existing structure until the site plan has been reviewed
and approved by the municipality, except that:
(1)
A construction permit for a single-family detached
dwelling unit or a two-family dwelling unit and/or their accessory
building(s) on a lot shall not require site plan approval, except
that the use of any existing or proposed principal or accessory building
for a home occupation, as defined and permitted by this chapter, shall
require minor site plan approval prior to the issuance of a construction
permit or certificate of occupancy.
(2)
Any addition or alteration to an existing conforming,
nonresidential structure which does not account for more than 10%
additional building coverage, which does not exceed 2,000 cubic feet
of enclosed and roofed area, which does not involve any variance request
and which, in the opinion of both the Construction Official and the
Zoning Officer, meets the parking and other applicable requirements
of this chapter and will create no adverse effects, shall not require
site plan approval.
(3)
Any construction permit for the customary buildings
incidental to farms shall not require site plan approval.
(4)
Any change of use from one permitted nonresidential
use to another permitted nonresidential use shall not require site
plan approval if both the Construction Official and the Zoning Officer
stipulate to the Board that the existing site development meets the
requirements of this chapter for the new use, including on-site parking
requirements.
C.
Variance relief. All applications for variance relief to the Planning Board not involving any related site plan, subdivision or conditional use approval shall be filed at least 14 days prior to the next regularly scheduled monthly meeting of the Board. The filing shall include 10 copies of any maps and related material, 10 copies of the completed application form and the fee in accordance with Article IX of this chapter. The Board shall act upon the application as stipulated by law.
[Amended 12-3-1998 by Ord. No. 255-20-98]
D.
Informal review by the Planning Board.
(1)
At the request of a developer, the Planning Board
shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development.
(2)
The developer shall not be required to submit any
fees for such an informal review; however, no professional review(s)
will be undertaken unless the developer agrees to pay for said review(s).
(3)
The developer shall not be bound by any concept plan
for which review is requested, and the Planning Board shall not be
bound by any such review.
(4)
A developer desiring to have a concept plan informally
reviewed by the Planning Board shall so notify the administrative
officer at least 14 days prior to the next regularly scheduled monthly
meeting of the Planning Board. The administrative officer shall thereafter
notify the developer of the time and place which has been scheduled
by the Planning Board for the informal review.
A.
Procedure for submitting minor subdivision plats and
minor site plans.
(1)
(2)
The application shall contain an acknowledgment signed
by the applicant stating that the applicant is familiar with the procedure
set forth herein for submitting and acting upon minor subdivision
plats and minor site plans and agrees to be bound by it.
(3)
The administrative officer shall process the application
and shall issue an application number. Once an application has been
assigned a number, such number shall appear on all papers, maps, plats
or plans and other documents for processing in conjunction with the
application.
B.
Details required for minor subdivision plats and minor
site plans.
(1)
Except for minor site plans pertaining to permitted
home occupations, each minor plat or minor plan shall be drawn by
a professional engineer and/or land surveyor licensed to practice
in the State of New Jersey and shall bear the signature, seal, license
number and telephone number of said professional engineer and/or land
surveyor; provided, however, that all engineering data shall be signed
and sealed by a professional engineer and all surveying data shall
be signed and sealed by a professional land surveyor.
(2)
Each submission shall be drawn at an appropriate scale
not less than one inch equals 100 feet and shall be submitted on one
of the four following standard sheet sizes: 8 1/2 inches by 13
inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches
by 42 inches. If one sheet is not sufficient to contain the entire
territory, the map may be divided into two sections to be shown on
separate sheets of equal sizes, with reference on each sheet to the
adjoining sheets.
(3)
Each minor plat or plan shall show the following information,
as such information is applicable to the minor subdivision or minor
site plan submission:
(a)
A key map showing the entire tract and its relation
to the surrounding area, at a scale of one inch equals not more than
2,000 feet.
(b)
A title block in accordance with the rules governing
title blocks for professional engineers (N.J.S.A. 45:8-36), including;
[1]
The name of the subdivision or development,
Bethlehem Township and Hunterdon County.
[2]
The name, title, address and telephone number
of the subdivider or developer.
[3]
The name, title, address and license number
of the professional or professionals who prepared the plat or plan.
[4]
The name, title and address of the owner or
owners of record.
[5]
A scale.
[6]
The date of original preparation and of each
subsequent revision thereof, and a list of the specific revisions
entered on each sheet.
(c)
Acreage figures (both with and without areas
within public rights-of-way), and North arrow.
(e)
Existing block and lot numbers(s) of the lot(s)
to be subdivided or developed as they appear on the Township Tax Map.
(f)
The subdivision or development boundary line
(heavy solid line).
(g)
The location of existing and proposed property
lines (with bearings and distances), streets, buildings (with their
numerical dimensions and an indication as to whether existing buildings
will be retained or removed), parking spaces, loading areas, driveways,
watercourses, railroads, bridges, culverts, drain pipes and any natural
features such as wetlands and treed areas, both within the tract and
within 200 feet of its boundary.
(h)
The location and width of all existing and proposed
utility easements.
(i)
Zoning districts affecting the trace, including
district names and requirements.
(j)
Proposed buffer and landscaped areas, in accordance with the provisions of § 102-23.
[Amended 12-6-2001 by Ord. No. 255-32-2001]
(k)
Delineation of floodplains, including both floodway
and flood-fringe areas.
(l)
Contours as follows:
[Amended 12-3-1987 by Ord. No. 202-15-87]
[1]
For subdivision lots smaller than five acres
in the MR Zone or six acres in the AR Zone, and for the area to be
disturbed on major and minor site plans, existing and proposed contours
with intervals of one foot where slopes are less than 2%, with intervals
of two feet where slopes are from 2% to 15% and with intervals of
five feet where slopes exceed 15%.
[2]
For subdivision lots of at least five acres
in the MR Zone or six acres in the AR Zone, and for the undisturbed
area of major and minor site plans, contours as shown on the United
States Geological Survey topographic sheets.
[3]
All contour information shall refer to a known
datum and be based upon a current and accepted field survey. Existing
contours shall be shown as a dashed line; finished grade shall be
shown as a solid line. Slopes of 15% or more shall be shaded.
[4]
This section shall be construed as to require
the inclusion of all undisturbed areas of a site plan.
(m)
Marshes, ponds and lands subject to flooding
within the tract and within 100 feet thereof.
(n)
The name of all adjacent property owners, as
they appear on the most recent tax list prepared by the Township Tax
Assessor, from the Township Clerk.
(o)
Concerning minor subdivisions only, existing
and proposed iron or copper pins.
(p)
Concerning minor subdivision applications only
and if the proposed lot(s) is (are) not served by a sanitary sewer,
certification by a licensed professional engineer that the proposed
lot(s) can adequately accommodate a septic system and a copy of any
written review and report by the County Board of Health. The location
[3] of the test hole(s), test results and compliance with the Individual
Sewage Disposal Code of New Jersey shall be shown on the plat and
certified by a licensed professional engineer. All test results, both
passing and failing, shall be shown.[2]
[Amended 2-2-1989 by Ord. No. 202-19-89]
(4)
No minor subdivision or minor site plan involving
any street(s) requiring additional right-of-way width as specified
in the Master Plan or Official Map and the street requirements of
this chapter shall be approved unless such additional right-of-way
either along one or both sides of said streets, as applicable, shall
be granted to the township or other appropriate governmental agency.
(5)
No minor subdivision or minor site plan involving
any corner lot shall be approved unless a sight triangle easement
shall be granted as specified in this chapter.
(6)
Deed descriptions, including metes and bounds, easements,
covenants, restrictions and roadway and sight triangle dedications,
shall be submitted for review and approval.
(8)
Tax Map scale drawing for minor subdivisions. Tax
Map scale drawing to include date, name of subdivision, scale: written
and graphic, reference meridian, all lot lines with bearings and distances,
right-of-way lines of streets, street names, easements and other rights-of-way,
area of each lot in acres and block and lot numbers. The plan shall
be drawn at the same scale as shown on the appropriate Tax Map sheet
for that particular block and lot. (Refer to the Tax Map record drawings
at the Municipal Building or the Township Engineer's office.)
[Added 8-4-1994 by Ord. No. 255-4-94]
C.
Action by the township.
(1)
The Planning Board or Zoning Board of Adjustment,
as the case may be, and its professional advisors, shall review the
aforesaid application for the purpose of determining, within 45 days
of its submission, whether said application is complete. Thereafter:
(a)
If said application is found to contain all of the information required by Subsection B above, said Board shall certify that said application is complete.
(b)
If said application is found to lack some of the information required by Subsection B above, said Board shall either:
[1]
Cause the applicant to be notified, in writing,
that said application is incomplete, specifying the deficiencies in
the application; or
[2]
If the Board reasonably concludes that the missing
items of information are not necessary for it to make an informed
decision on the application, said Board may waive the requirement
that said items be supplied as a prerequisite for completeness and
certify that the application is complete notwithstanding the missing
items.
(c)
An applicant who has been notified that his application is incomplete may request a waiver of one or more of the submission requirements set forth in Subsection B, and said request shall be granted or denied by the Board within 45 days.
(d)
In the event that the Board fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the foresaid application is certified
complete or on the 46th day following the submission of the application,
in the event that the Board fails to make a determination of completeness,
as the case may be, the applicable time period within which the Board
must act upon the application shall commence. In any case, the applicant
is obliged to prove that he or she is entitled to approval of the
application. The Board may subsequently require correction of any
information found to be in error, may require submission of additional
information not specified in this chapter and/or may require revisions
in the application documents as are reasonably necessary to make an
informed decision as to whether the requirements for approval of the
application have been met, provided that the application shall not
be deemed incomplete for lack of any such additional information or
revisions.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the developer to the
following, and certification of the distribution shall be given to
the Clerk of the Planning Board or the Secretary of the Zoning Board
of Adjustment, as the case may be:
(a)
The Planning Board or the Zoning Board of Adjustment,
as the case may be [six copies of the minor plat or plan and six copies
of the application].
(b)
The Hunterdon County Planning Board [one copy
each of the minor plat or plan and the application].
(c)
The Environmental Commission [one copy each
of the minor plat or plan and the application].
(d)
The Township Engineer [one copy each of the
minor plat or plan and the application].
(e)
The Soil Conservation Service [one copy each
of the minor plat or plan].
(f)
The Secretary of the County Board of Health
[one copy of the minor plat or plan].
(g)
At the direction of the Planning Board or the
Zoning Board of Adjustment, as the case may be, additional copies
of the minor plat or plan shall be sent to other township, county
or state agencies and officials.
(4)
The Board shall take action on minor subdivision and
minor site plan applications within 45 days after the application
has been certified complete by the Board or within such further time
as may be consented to by the applicant. Failure of the Board to act
within the prescribed time period shall constitute approval of the
application.
(5)
Any proposed subdivision or development determined
by the Board to be creating, imposing, aggravating or leading to the
possibility of an adverse effect upon either the property in question
or upon any adjacent properties may be required to be revised to remove
any adverse effect(s) prior to further review, classification or approval
by the Board, or where the remaining portion of the original tract
is sufficient to be subdivided or developed further, the applicant
may be required to submit a sketch of the entire remaining portion
of the tract to indicate a feasible plan whereby the applied for subdivision
or development, together with subsequent subdivision(s) or development(s),
may be submitted that will not create, impose, aggravate or lead to
any adverse effect.
(6)
When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the county recording officer shall be signed by the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required, and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approval resolution, adopted in accordance with § 102-45F of this chapter, within 10 days of its adoption by the Board.
(7)
When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § 102-45F of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.
(8)
Within 190 days from the date of approval by the Board
of a minor subdivision, a plat map drawn in compliance with the Map
Filing Act, P. L. 190, c. 141 (N.J.S.A. 46:29-9.9 et seq.), or deed
description, properly drafted and signed by the Chairman and Secretary
of the Board (or the Acting Chairman or Secretary where either or
both may be absent), shall be filed by the subdivider with the county
recording officer. Unless filed within 190 days, the approval shall
expire and will require Board approval as in the first instance. The
zoning requirements and general terms and conditions, whether conditional
or otherwise, upon which minor subdivision approval was granted, shall
not be changed for a period of two years after the date of minor subdivision
approval by the Board, provided that the approved minor subdivision
shall have been duly recorded.
(9)
Before the Secretary of the Board returns any approved
minor subdivision or minor site plan to the applicant, the applicant
shall provide additional copies of the plat or plan as may be necessary
in order to furnish copies to each of the following:
(a)
The administrative officer.
(b)
The Township Engineer.
(c)
The Zoning Officer.
(d)
The Township Tax Assessor.
(e)
The file of the Planning Board or the Zoning
Board of Adjustment, as the case may be, [three copies].
(f)
Such other township, county or state agencies
and officials as directed by the Board.
A.
Procedure for submitting preliminary major subdivision
plats and preliminary major site plans.
(1)
There shall be submitted to the administrative officer
at least 10 days but no more than 14 days prior to the first regularly
scheduled monthly meeting of the Planning Board or the Zoning Board
of Adjustment, as the case may be:
(2)
The application shall contain an acknowledgment signed
by the applicant stating that the applicant is familiar with the procedure
set forth herein for submitting and acting upon preliminary major
subdivision plats and preliminary major site plans and agrees to be
bound by it.
(3)
The administrative officer shall process the application
and shall issue an application number. Once an application has been
assigned a number, such number shall appear on all papers, maps, plats
or plans and other documents submitted for processing in conjunction
with the application.
B.
Details required for preliminary major subdivision
plats and preliminary major site plans.
(1)
Each preliminary plat or preliminary plan shall be
drawn by a professional engineer and/or land surveyor licensed to
practice in the State of New Jersey and shall bear the signature,
seal, license number and telephone number of said professional engineer
and/or land surveyor; provided, however, that all engineering data
shall be signed and sealed by a professional engineer and all surveying
data shall be signed and sealed by a professional land surveyor.
(2)
Each submission shall be drawn at an appropriate scale
not less than one inch equals 100 feet and shall be submitted on one
of the four following standard sheet sizes: 8 1/2 inches by 13
inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches
by 42 inches. If one sheet is not sufficient to contain the entire
territory, the map may be divided into sections to be shown on separate
sheets of equal sizes, with reference on each sheet to the adjoining
sheets.
(3)
Each preliminary plat or plan shall show the following
information, as appropriate to a subdivision plat or site plan, unless
the municipal agency determines and so notifies the applicant that
such information either is unnecessary or inapplicable to the particular
subdivision or development plan:
(a)
A key map showing the entire tract and its relation
to the surrounding areas, at a scale of one inch equals not more than
2,000 feet.
(b)
A title block in accordance with the rules governing
title blocks for professional engineers (N.J.S.A. 45:8-36), including:
[1]
The name of the subdivision or development,
Bethlehem Township, Hunterdon County.
[2]
The name, title, address and telephone number
of the subdivider or developer.
[3]
The name, title, address and license number
of the professional or professionals who prepared the plat or plan.
[4]
The name, title and address of the owner or
owners of record.
[5]
A scale.
[6]
The date of original preparation and of each
subsequent revision thereof and a list of the specific revisions entered
on each sheet.
(c)
A North arrow.
(d)
Certification that the applicant is the owner
of the land or his properly authorized agent, or that the owner has
given his consent under an option agreement.
(f)
The acreage to the nearest tenth of an acre,
and a computation of the area of the tract to be disturbed.
(g)
The names and lot and block numbers of all property
owners within 200 feet of the extreme limits of the tract as shown
on the most recent tax list prepared by the Township Tax Assessor.
(h)
Existing block and lot number(s) of the lot(s)
to be subdivided or developed as they appear on the Township Tax Map,
and proposed block and lot numbers as provided by the Township Tax
Assessor upon written request.
(i)
The tract boundary line (heavy solid line).
(j)
The zoning districts, including district names
and requirements.
(k)
The locations and dimensions of existing and
proposed bridges and the location of natural features, such as wooded
areas and any extensive rock formations, both within the tract and
within 200 feet of its boundaries.
(l)
The location and species associations of all
individual trees or groups of trees having a caliper of 18 inches
or more measured three feet above the ground level shall be shown
within the portion(s) of the tract to be disturbed as a result of
the proposed development. The proposed location of all proposed plantings
also shall be indicated and a legend provided listing the botanical
and common names, the sizes at time of planting, the total quantity
of each plant and the location of each plant keyed to the plan or
plat.
(m)
All existing and proposed watercourses, including
lakes and ponds, shall be shown and accompanied by the following information:
[1]
When a stream is proposed for alteration, improvement
or relocation or where a drainage structure or fill is proposed over,
under, in or along a running stream, a report on the status of review
by the New Jersey Department of Water Policy and Supply shall accompany
the submission.
[2]
Cross sections of watercourses and/or drainage
swales at an approximate scale showing the extent of the floodplain,
top of bank, normal water levels and bottom elevations at the following
locations, where appropriate:
[a]
At any point where a watercourse
crosses a boundary of the tract.
[b]
At one-hundred-foot intervals up
to 500 feet upstream and downstream of any point of juncture of two
or more watercourses within the tract.
[c]
At one-hundred-foot intervals for
a distance of 500 feet upstream and downstream of any proposed and/or
existing culvert or bridge within the tract.
[d]
At a maximum of one-hundred-foot
intervals, but not less than two locations, along each watercourse
which runs through or within 500 feet of tract.
[e]
When ditches, swales, streams or
watercourses are to be altered, measures to control erosion and siltation,
as well as typical ditch sections and profiles, shall be shown.
[f]
The delineation of the floodways
and flood-fringe areas of all watercourses within or adjacent to the
tract.
[3]
The total acreage of the drainage basin of any
watercourse running through or adjacent to the tract.
[4]
The location of all drainage structures within
500 feet downstream of the tract, including hydrologic and hydraulic
computations for each of the said structures.
[5]
The location and extent of drainage and conservation
easements and stream encroachment lines.
[6]
The location, extent and water level evaluation
of all existing or proposed lakes or ponds within the tract and within
200 feet of the tract.
(n)
Contours as follows:
[Amended 4-10-1986 by Ord. No. 202-9-86; 12-3-1987 by Ord. No. 202-15-87]
[1]
For subdivision lots smaller than five acres
in the MR Zone or six acres in the AR Zone, and for the area to be
disturbed on major site plans, existing and proposed contours with
intervals of one foot where slopes are less than 2%, with intervals
of two feet where slopes are from 2% to 15% and with intervals of
five feet where slopes exceed 15%.
[2]
All contour information shall refer to a known
datum and be based upon a current and accepted field survey. Existing
contours shall be shown as a dashed line; finished grade shall be
shown as a solid line. Slopes of 15% or more shall be shaded.
[3]
This section shall be construed as to require
the inclusion of all undisturbed areas of a site plan.
(o)
Proposals for soil erosion and sediment control
as required by N.J.S.A. 4:24-39 et seq.
(p)
Locations of all existing structures on the
tract and within 200 feet of the tract's boundary. For all structures
location on the tract, existing and proposed front, rear and side
yard setback distances and an indication of whether the existing structures
and uses will be retained or removed shall be shown.
(q)
The size, height and location of all proposed
buildings, structures, signs and lighting facilities.
(r)
All dimensions necessary to confirm conformity
to this chapter, such as the size of the tract and any proposed lot(s),
structure setbacks, structure heights, yards and floor area ratios.
All tract and lot sizes shall be expressed in acres and square feet
and shall include bearings and distances.
(s)
The proposed location, direction of illumination,
power and type of proposed outdoor lighting, including details of
lighting poles and luminaries.
(t)
The proposed screening, buffering and landscaping, including a landscaping plan in accordance with the provisions of § 102-23.
[Amended 12-6-2001 by Ord. No. 255-32-2001]
(u)
The location and design of any off-street parking
area, showing the size and location of bays, aisles and barriers.
(v)
All means of vehicular access and egress to
and from the site onto public streets, showing the site and the location
of driveways and curb cuts, including the possible utilization of
traffic signals, channelization, acceleration and deceleration lanes,
sight triangle easements, additional width and other proposed devices
necessary to prevent a difficult traffic situation.
(w)
The application shall include plans and computations
for any storm drainage systems, including the following:
[1]
All existing or proposed storm sewer lines within
or adjacent to the tract, showing the size and slope of the lines,
the direction of flow and the location of each catch basin, inlet,
manhole, culvert and headwall.
[2]
The location and extent of any proposed groundwater
recharge basins, detention basins or other water or soil conservation
or drainage devices.
(x)
The location of existing structures, such as
water and sewer mains, utility structures, gas transmission lines
and high-tension power lines, on the tract and within 200 feet of
its boundaries.
(y)
Plans of proposed improvements and utility layouts,
including sewers, storm drains and waterlines and feasible connections
to gas, telephone and electrical utility systems. If private utilities
are proposed, they shall comply fully with all township, county, state
and federal regulations. If service will be provided by an existing
utility company, in lieu of detailed plans, a letter from that company
stating that service will be available before occupancy will be sufficient.
When individual on-lot water or sewage disposal is proposed, the plan
for such systems shall be approved for each lot by the appropriate
township and state agencies and the result of percolation tests and
soil log data, completed in accordance with the requirements and conditions
prescribed by the County Board of Health, shall be indicated on the
plat or plan and shall include all results, both passing and failing.
[Amended 2-2-1989 by Ord. No. 202-19-89]
(z)
Plans, typical cross sections and details, center-line
profiles and tentative grades of all proposed streets and of existing
streets abutting the tract based on United States Geological Survey
vertical datum or a more specified datum supplied by the Township
Engineer, including curbing, sidewalks, storm drains and drainage
structures. Sight triangles, the radius of curblines and street sign
locations shall be clearly indicated at the intersections.
(4)
Any protective covenants or deed restrictions applying
to the land being developed shall be submitted with the application
and/or indicated on the submitted plat or plan.
(5)
The proposed permanent monuments shall be shown, in
accordance with the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:29-9.9
et seq.).
(6)
The Board reserves the right to require additional
information before granting preliminary approval when unique circumstances
affect the tract and/or when the application for development poses
special problems for the tract and the surrounding area. Such information
shall include but not be limited to drainage calculations and traffic
analyses; provided, however, that no application shall be declared
incomplete for the lack of such additional information.
C.
Environmental impact statement.
(1)
General provisions. The impact on the environment
generated by land development projects necessitates a comprehensive
analysis of the variety of problems that may result and the actions
that can be taken to minimize the problems. It is further recognized
that the level of detail required for various types of applications
will vary depending on the size of the proposal, the nature of the
site, the location of the project and the information already in the
possession of the township. Therefore, having determined that some
flexibility is needed in preparing the environmental impact statement,
the requirements for such a document pertaining to different types
of development applications are listed below:
(a)
All agricultural operations conducted in accordance
with a plan approved by the Soil Conservation District and all silviculture
operations conducted in accordance with a plan prepared by a professional
forester may be exempted from the environmental impact statement requirements.
(b)
Any variance applications to the Zoning Board
of Adjustment not involving a site plan or subdivision application
shall not require an environmental impact statement unless specifically
requested by the Board. The Zoning Board of Adjustment shall inform
the applicant regarding any information that may be required.
(c)
Any application for subdivision approval where
10 lots or fewer are involved and all applications for minor site
plan approval, either to the Planning Board or to the Zoning Board
of Adjustment, as the case may be, may require an environmental impact
statement, depending upon the nature of the particular development
proposal and the subject land area. The Planning Board or the Zoning
Board of Adjustment, as the case may be, shall inform the applicant
regarding any information that may be required.
(d)
All preliminary major subdivision applications
consisting of more than 10 lots and all preliminary major site plan
applications shall be accompanied by an environmental impact statement
unless specifically waived by the Planning Board or the Zoning Board
of Adjustment, as the case may be.
(2)
Submission procedures.
(a)
Thirteen copies of any environmental impact
statement shall be submitted to the administrative officer. In the
case of a major subdivision application consisting of more than 10
lots and major site plan applications, the environmental impact statement
shall be submitted at the time of preliminary application to the township.
In the case of a variance, subdivision applications involving 10 lots
or fewer and minor site plan applications, the environmental impact
statement shall be submitted within 30 days after the Board has informed
the applicant of the information required.
(b)
The administrative officer shall retain one
copy of the environmental impact statement and shall distribute the
remaining 12 copies in the following manner:
[1]
Environmental Commission [eight copies].
[2]
Hunterdon County Planning Board [one copy].
[3]
Township Engineer [one copy].
[4]
Secretary of the County Board of Health [one
copy].
[5]
At the direction of the Planning Board or the
Zoning Board of Adjustment, as the case may be, additional copies
of the submitted environmental impact statement shall be sent to other
township, county or state agencies and officials.
(3)
Submission format. When an environmental impact statement
is required, the applicant shall retain one or more competent professionals
to perform the necessary work. The qualifications and background of
the professionals shall be provided, and the method of investigation
shall be described. All applicable material on file in the township
pertinent to evaluation of regional impacts shall also be considered.
Furthermore, as much original research as necessary shall be conducted
to develop the environmental impact statement. All environmental impact
statements shall consist of written and graphic materials which clearly
present the required information utilizing the following format:
(a)
Project description: indicate the purpose and
scope of the proposed project, and enumerate the benefits to the public
which will result from the proposed project and describe the suitability
of the site for the intended use. A description of the proposed project
shall be presented to indicate the extent to which the site must be
altered, the kinds of facilities to be constructed and the uses intended.
The resident population, working population and visitor population
shall be estimated. The compatibility or incompatibility of the proposed
project shall be described in relation to the following:
(b)
Site description and inventory: provide a description
of environmental conditions on the site which shall include the following
items:
[1]
Types of soils: list and describe each soil
type on the site. If applicable, provide percolation data. Where the
proposed area of land disturbance will involve soils with moderate
or severe limitations relative to the type of project proposed, a
complete mapping of all soil types where the moderate and severe limitations
exist.
[2]
Topography: describe the topographic conditions
on the site.
[3]
Geology: describe the geologic formations and
features associated with the site as well as depth to bedrock conditions.
Delineate those areas where bedrock is within two feet of the surface
as well as major rock outcroppings.
[4]
Vegetation: describe the existing vegetation
on the site. A map shall be prepared showing the location of major
vegetative groupings, such as woodlands, open fields and wetlands.
Where woodlands are delineated, the forest types shall be indicated.
[5]
Wildlife: identify and describe any unique habitats
of endangered or protected species.
[6]
Subsurface water: describe the subsurface water
conditions on the site both in terms of depth to groundwater and water
supply capabilities. The location, depth and capacity of all existing
water wells on the site and within 200 feet of the site shall be indicated.
[7]
Distinctive scenic and/or historic features:
describe and map those portions of the site that can be considered
to have distinctive scenic and/or historic qualities.
[8]
Existing development features: describe any
existing features on the site that are not considered to be part of
the natural environment. This may include, but not necessarily be
limited to, roads, driveway accesses, housing units, accessory structures,
utility lines, etc.
[9]
Miscellaneous. When warranted, an analysis should
be conducted of existing air quality and noise levels as prescribed
by the New Jersey State Department of Environmental Protection.
(c)
Impact: discuss both the negative and positive
impacts during and after construction; indicate those negative impacts
that are unavoidable. The specific concerns that shall be considered
include the following and shall be accompanied by specific quantitative
measurements where possible and necessary:
[1]
Soil erosion and sedimentation resulting from
surface runoff.
[2]
Flooding and floodplain disruption.
[3]
Degradation of surface water quality.
[4]
Groundwater pollution.
[5]
Reduction of groundwater capabilities.
[6]
Sewage disposal.
[7]
Solid waste disposal.
[8]
Vegetation destruction.
[9]
Disruption of wildlife habitats of endangered
and protected species.
[10]
Destruction or degradation of scenic and historic
features.
(d)
Environmental performance controls: describe
what measures will be employed during the planning, construction and
operation phases which will minimize or eliminate negative impacts
that could result from the proposed project. Of specific interest
are:
[1]
Drainage plans which shall include soil erosion
and sedimentation controls.
[2]
Sewage disposal techniques.
[3]
Water supply and water conservation proposals.
[4]
Energy conservation measures.
[5]
Noise reduction techniques.
[6]
Solid and liquid waste disposal plans.
[7]
Vegetation and wildlife preservation.
(e)
Licenses, permits and other approvals required
by law. The applicant shall list all known licenses, permits and other
forms of approval required by law for the development and operation
of the proposed project. The list shall include approvals required
by the township as well as agencies of the county, state and federal
governments. Where approvals have been granted, copies of said approvals
shall be attached. Where approvals are pending, a note shall be made
to that effect.
(f)
Documentation. All publications, file reports,
manuscripts or other written sources of information which were first
consulted and employed in compilation of the environmental impact
statement shall be listed. A list of all agencies and individuals
from whom all pertinent information was obtained orally or by letter
shall be listed separately. Dates and locations of all meetings shall
be specified.
(4)
Disposition by the Board. The Board shall review the
information furnished in the environmental impact statement in the
context of the overall design of the proposed development and the
relationship of the proposed development to the environment. The information
is to be used solely to help ensure that the proposed development
will cause no reasonably avoidable damage to any environmental resource.
D.
Action by the township.
(1)
The Planning Board or Zoning Board of Adjustment,
as the case may be, and its professional advisors, shall review the
aforesaid application for the purpose of determining, within 45 days
of its submission, whether said application is complete. Thereafter:
(a)
If said application is found to contain all of the information required by Subsection B of this section, said Board shall certify that said application is complete.
(b)
If said application is found to lack some of the information required by Subsection B of this section, said Board shall either:
[1]
Cause the applicant to be notified, in writing,
that said application is incomplete, specifying the deficiencies in
the application; or
[2]
If the Board reasonably concludes that the missing
items of information are not necessary for it to make an informed
decision on the application, said Board may waive the requirement
that said items be supplied as a prerequisite for completeness and
certify that the application is complete notwithstanding the missing
items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection B of this section and said request shall be granted or denied by the Board within 45 days.
(d)
In the event that the Board fails to act pursuant to Subsection D(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the foresaid application is certified
complete or on the 46th day following the submission of the application,
in the event the Board fails to make a determination of completeness,
as the case may be, the applicable time period within which the Board
must act upon the application shall commence. In any case, the applicant
is obliged to prove that he or she is entitled to approval of the
application. The Board may subsequently require correction of any
information found to be in error, may require submission of additional
information not specified in this chapter and/or may require revisions
in the application documents as are reasonably necessary to make an
informed decision as to whether the requirements for approval of the
application have been met, provided that the application shall not
be deemed incomplete for lack of any such additional information or
revisions.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the developer to the
following, and certification of the distribution shall be given to
the Clerk of the Planning Board or the Secretary of the Zoning Board
of Adjustment, as the case may be:
(a)
The Planning Board or the Zoning Board of Adjustment,
as the case may be [six copies of the preliminary plat or plan and
six copies of the application].
(b)
The Hunterdon County Planning Board [one copy
each of the preliminary plat or plan and the application].
(c)
The Environmental Commission [one copy each
of the preliminary plat or plan and the application].
(d)
The Township Engineer [one copy each of the
preliminary plat or plan and the application].
(e)
The Soil Conservation Service [one copy each
of the preliminary plat or plan].
(f)
The Secretary of the County Board of Health
[one copy of the preliminary plat or plan].
(g)
At the direction of the Planning Board or the
Zoning Board of Adjustment, as the case may be, additional copies
of the preliminary plat or plan shall be sent to other township, county
or state agencies and officials.
(4)
The Planning Board shall take action on a preliminary
major site plan application involving 10 acres of land or fewer and
10 dwelling units or fewer and/or a preliminary major subdivision
application involving 10 lots or fewer within 45 days after the application
has been certified complete or within such further time as may be
consented to by the applicant. Failure of the Board to act within
the prescribed time period shall constitute approval of the application,
provided that any preliminary major site plan or preliminary major
subdivision application which includes any requested variance relief
pursuant to N.J.S.A. 40:55D-60 and § 102-48A(2) of this
chapter shall be acted upon within 120 days or within such further
time as may be consented to by the applicant.
(5)
The Planning Board shall take action on a preliminary
major site plan application involving more than 10 acres of land or
more than 10 dwellings and/or a preliminary major subdivision application
involving more than 10 lots within 95 days after the application has
been certified complete or within such further time as may be consented
to by the applicant. Failure of the Board to act within the prescribed
time period shall constitute approval of the application, provided
that any preliminary major site plan or preliminary major subdivision
application which includes any requested variance relief pursuant
to N.J.S.A. 40:55D-60 and § 102-48A(2) of this chapter shall
be acted upon within 120 days or within such further time as may be
consented to by the applicant.
(6)
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application as prescribed in Subsection D(4) and (5) hereinabove unless said preliminary site plan and/or preliminary subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a use variance in accordance with N.J.S.A. 40:55D-70d and § 102-41D of this chapter, in which case the Zoning Board of Adjustment shall act on all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(7)
Any proposed subdivision or development determined
by the Board to be creating, imposing, aggravating or leading to the
possibility of an adverse effect upon either the property in question
or upon any adjacent properties may be required to be revised to mitigate
any adverse effect(s) prior to further review, classification or approval
by the Board, or where the remaining portion of the original tract
is sufficient to be subdivided or further developed, the applicant
may be required to submit a sketch of the entire portion of the tract
to indicate a feasible plan whereby the applied for subdivision or
development, together with subsequent subdivision(s) or development(s),
may be submitted that will not create, impose, aggravate or lead to
any such adverse effect.
(8)
In the case of planned developments only, the Board
shall find the following facts and conclusions prior to granting approval:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Article VI of this chapter pursuant to N.J.S.A. 40:55D-65c.
(b)
That the proposals for maintenance and conservation
of the common space are reliable, and that the amount, location and
purpose of the common open space are adequate.
(c)
That provision through the physical design of
the proposed development for public services, control over vehicular
and pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment are adequate.
(d)
That the proposed planned development will not
have an unreasonably adverse impact upon the area in which it is proposed
to be established.
(e)
In the case of a proposed development which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and of
the residents, occupants and owners of the proposed development in
the total completion of the development are adequate.
(9)
All hearings held on applications for preliminary major subdivision approval, and in certain cases preliminary major site plan approval, shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing. (See § 102-45D.)
(10)
The recommendation of those agencies and officials
to whom the preliminary plat or plan was forwarded shall be given
careful consideration in the final decision on the development application.
If the County Planning Board or the Township Engineer approves the
preliminary submission, such approval shall be noted on the plat or
plan. If the Board acts favorably on the preliminary plat or plan;
the Township Engineer and the Chairman and Secretary of the Board
(or the Acting Chairman or Secretary, where either or both may be
absent) shall affix their signatures to at least 10 copies of the
plat or plan with the notification that it has been approved. The
applicant shall furnish such copies to the Board.
(11)
Should minor revisions or additions to the plat
or plan be deemed necessary, the Board may grant preliminary approval
subject to specified conditions and receipt of revised plans within
30 days from the date of said approval. Should major revisions be
deemed necessary, the Board shall require that an amended plat or
plan be submitted and acted upon as in the case of the original application.
(12)
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 102-45F of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.
E.
Effect of preliminary approval.
(1)
Preliminary approval shall confer upon the applicant
the following rights for a three-year period from the date of preliminary
approval:
(a)
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 size; yard dimensions; and off-tract improvements.
(b)
That the applicant may submit for final approval,
on or before the expiration date of preliminary approval, the whole
or a section of sections of the preliminary plat or plan.
(c)
That the applicant may apply for and the Board
may grant extensions 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 standards have been revised by ordinance,
such revised standards may govern.
(2)
In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in Subsection E(1) hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:
(3)
The applicant may thereafter apply for and the Board
may thereafter grant an extension to preliminary approval for such
additional period of time as shall be determined by the Board to be
reasonable taking the following into consideration; provided that
if the design standards have been revised by ordinance, such revised
standards may govern:
A.
Procedure for submitting final plats and final plans.
(1)
A final plat or final plan shall be submitted to the
administrative officer within three years after the date of preliminary
approval or any authorized extension thereof. The applicant shall
submit to the administrative officer at least 10 days but no more
than 14 days prior to the first regularly scheduled meeting of the
Planning Board or the Zoning Board of Adjustment, as the case may
be:
(2)
The application shall contain an acknowledgment signed
by the applicant stating that the applicant is familiar with the procedure
set forth herein for submitting and acting upon final major subdivision
plats and final major site plans and agrees to be bound by it.
B.
The following details are required for final major
subdivision plats and final major site plans:
(2)
All additional details required at the time of preliminary
approval.
(3)
A section or staging plan, if proposed, indicating
the portion of the tract to be considered for final approval as part
of the current application and the relationship of the portion of
the tract to the remaining land area, including all applicable comparisons
such as parking spaces, building coverage, lot coverage, open space
areas and number of lots.
(4)
Detailed architectural and engineering data, including:
(a)
An architect's isometric design of each building
and sign or a typical building and sign showing front, side and rear
elevations.
(b)
Cross sections, plans, profiles and established
grades of all streets, aisles, lanes and driveways.
(c)
Plans and profiles of all storm and sanitary
sewers and water mains.
(d)
All dimensions of the exterior boundaries of
any subdivision and the dimensions of all lots, balanced and closed
to a precision of 1:10,000. All dimensions, angles and bearings must
be tied to permanent monuments in accordance with the United States
Geodetic Survey System, which monuments shall be provided and set
at the following ratio:
|
Land Area
(acres)
|
Number of Monuments
|
|---|---|
|
0 to 10
|
1
|
|
10 to 30
|
2
|
|
30 or more
|
3
|
(e)
Tax Map scale drawing for minor subdivisions.
Tax Map scale drawing to include date, name of subdivision, scale:
written and graphic, reference meridian, all lot lines with bearings
and distances, right-of-way lines of streets, street names, easements
and other rights-of-way, area of each lot in acres and block and lot
numbers. The plan shall be drawn at the same scale as shown on the
appropriate Tax Map sheet for that particular block and lot. (Refer
to the Tax Map record drawings at the Municipal Building or the Township
Engineer's office.)
[Added 8-4-1994 by Ord. No. 255-4-94]
(5)
The final submission shall be accompanied by the following
documents:
(a)
Certificate from the Township Tax Collector
that all taxes and assessments are paid to date.
(b)
Letters directed to the Chairman of the Board
and signed by a responsible official of the lighting agency, water
company, sewer utility and of any other company or governmental authority
or district which provides accessory utility service and has jurisdiction
in the area, approving each proposed utility installation design and
stating who will construct the facility so that service will be available
prior to occupancy. The designing engineer(s) shall certify to the
Board that the existing cross section(s) and profile(s) have been
run in the field and the field notes shall be forwarded to the Township
Engineer.
(d)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 102-54 of this chapter and that such improvements installed prior to application for final approval that do not meet or exceed township standards shall be factored into the required performance guaranty.
C.
Action by the township.
(1)
The Planning Board or Zoning Board of Adjustment,
as the case may be, and its professional advisors shall review the
aforesaid application for the purpose of determining, within 45 days
of its submission, whether said application is complete. Thereafter:
(a)
If said application is found to contain all of the information required by Subsection B of this section, said Board shall certify that said application is complete.
(b)
If said application is found to lack some of the information required by Subsection B of this section, said Board shall either:
[1]
Cause the applicant to be notified, in writing,
that said application is incomplete, specifying the deficiencies in
the application; or
[2]
If the Board reasonably concludes that the missing
items of information are not necessary for it to make an informed
decision on the application, said Board may waive the requirement
that said items be supplied as a prerequisite for completeness and
certify that the application is complete notwithstanding the missing
items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one of more of the submission requirements set forth in Subsection B above, and said request shall be granted or denied by the Board within 45 days.
(d)
In the event that the Board fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the foresaid application is certified
complete or on the 46th day following the submission of the application,
in the event that the Board fails to make a determination of completeness,
as the case may be, the applicable time period within which the Board
must act upon the application shall commence. In any case, the applicant
is obliged to prove that he or she is entitled to approval of the
application. The Board may subsequently require correction of any
information found to be in error, may require submission of additional
information not specified in this chapter and/or may require revisions
in the application documents as are reasonably necessary to make an
informed decision as to whether the requirements for approval of the
application have been met, provided that the application shall not
be deemed incomplete for lack of any such additional information or
revisions.
(3)
Promptly after certification of completeness, the
application documents shall be distributed by the developer to the
following, and certification of the distribution shall be given to
the Clerk of the Planning Board or the Secretary of the Zoning Board
of Adjustment, as the case may be:
(a)
The Planning Board or the Zoning Board of Adjustment,
as the case may be, [six copies of the final plat or plan and six
copies of the application].
(b)
The Hunterdon County Planning Board [one copy
each of the final plat or plan and the application].
(c)
The Environmental Commission [one copy each
of the final plat or plan and the application].
(d)
The Township Engineer [one copy each of the
final plat or plan and the application].
(e)
The Soil Conservation Service [one copy each
of the final plat or plan].
(f)
The Secretary of the County Board of Health
[one copy of the final plat or plan].
(g)
At the direction of the Planning Board or the
Zoning Board of Adjustment, as the case may be, additional copies
of the final plat or plan shall be sent to other township, county
or state agencies and officials.
(4)
The Board shall take action on final site plan and
final subdivision applications within 45 days after the application
has been certified complete or within such further time as may be
consented to by the applicant. Failure of the Board to act within
the prescribed time period shall constitute approval of the application.
(5)
The recommendations of those agencies and officials
to whom the final plat or plan was submitted shall be given careful
consideration in the final decision on the development application.
If the County Planning Board or the Township Engineer approves the
final submission, such approval shall be noted on the plat or plan.
If the Board acts favorably on the final plat or plan, the Township
Engineer and the Chairman and Secretary of the Board (or the Acting
Chairman or Secretary, where either or both may be absent) shall affix
their signatures to at least 10 paper copies of the plat or plan with
the notification that it has been approved. The applicant shall furnish
such copies to the Board for signing. Moreover, in the case of final
subdivisions only, the applicant shall include for signing one cloth
copy and at least two Mylar copies of the approved plat in addition
to the 10 paper copies.
(6)
After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 102-45F of this chapter:
(a)
The administrative officer [one paper copy and,
if applicable, one Mylar and one cloth copy].
(b)
The Township Engineer [one paper copy].
(c)
The Construction Official [one paper copy].
(d)
The Zoning Officer [one paper copy].
(e)
The Township Tax Assessor [one paper copy].
(f)
The applicant [one paper copy and, if applicable,
one Mylar copy].
(g)
Such other township, county or state agencies
and officials as directed by the Board.
(7)
Within 95 days of the date of approval by the Board
of a final subdivision plat, the subdivider shall file a copy of the
same with the Hunterdon County Clerk. In the event of failure to file
within said 95 days, the approval of the major subdivision shall expire,
and any further proceedings shall require the filing of a new application
as in the first instance. The Board, for good cause shown, may extend
the time for filing for an additional 95 days.
(8)
If the Board, after consideration and discussion of
the final plat or plan, disapproves the submission, a notation to
that effect shall be made by the Chairman of the Board on the plat
or plan. The Secretary of the Board, within 10 days of such adoption,
shall notify the applicant of such disapproval and forward the applicant
a copy of the adopted resolution setting forth the reasons for the
disapproval.
D.
Effect of final approval.
(1)
Final approval of a subdivision or site plan shall
confer upon the applicant the following rights for a period of two
years from the date of final approval:
(a)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer,
whether conditionally or otherwise, shall not be changed.
(b)
If the developer has followed the standards
prescribed for final approval, the Board may extend the period of
protection for extensions of one year each, not exceeding three such
extensions.
(2)
In the case of a subdivision or site plan for a planned unit development, planned residential development or residential cluster of 50 acres or more or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in Subsection D(1) hereinabove for such period of time longer than two years as shall be determined by the Board to be reasonable taking into consideration:
(3)
The developer may apply thereafter and the Board may
thereafter grant an extension to preliminary approval for such additional
period of time as shall be determined by the Board to be reasonable
taking into consideration:
