[Amended 10-7-1985 by Ord. No. 85-32]
A.
Whenever an application for development to the Planning
Board or Board of Adjustment is permitted or required by this chapter,
it shall be in such form and accompanied by such maps, documents and
materials as are prescribed by this chapter and shall be submitted
to the administrative officer in such numbers as is prescribed by
rule of the Board.
B.
The administrative officer shall prepare and furnish
to applicants standard application forms, which shall require the
following information:
(1)
The applicant's name, address and telephone number.
(2)
The owner's name, address and telephone number.
(3)
The interest of the applicant in the property.
(4)
The ownership of the applicant.
(5)
The name, address and telephone number of the applicant's
attorney, if represented.
(6)
The street address of the property.
(7)
The tax lot and block number of the property.
(8)
The zone district in which the property is situated.
(9)
The description of the property.
(10)
The description of the proposed development.
(11)
The type of application.
(12)
The specific relief requested.
(13)
Sufficient information to facilitate review
of the proposed development in light of the criteria and standards
applicable to the application for development.
C.
Administrative appeal, variance and/or design waiver
application. All plats shall be based on accurate information at a
scale of not less than one inch equal 50 feet with a North arrow and
graphic scale; the size of the map shall be 24 inches by 36 inches,
or 36 inches by 48 inches and shall meet the following requirements
and show or include the following information (except that the Planning
Board or Board of Adjustment or its Planner may waive any requirement
or request additional information where it is clearly appropriate
to the particular application):
[Added 7-7-2005 by Ord. No. 05-41]
(1)
Copies of submissions and fees.
(a)
Twenty-four copies of the application form,
checklists, fee schedule with calculations, property deed, plat plans
prepared by a New Jersey licensed surveyor or architect and all other
documentation requested herein shall be submitted. All documents submitted
must be collated into 24 sets.
(b)
In the alternative, the applicant may choose
to submit three full sets of documents for completeness review only.
When the documents submitted comply with this admission requirement,
the Township will notify the applicant to submit the other 21 sets
in order to be deemed complete. This option is made available to applicants
in an effort to save resources expended on numerous plans that may
need to be revised and submitted.
(c)
All fees (both application and escrow) must
be paid.
(2)
Survey. There shall be submitted a legible original
survey signed and sealed by a New Jersey licensed surveyor, plus 24
copies.
(3)
Lots.
(a)
All variance types sought must be listed; all
designed waivers sought must be listed; a specific articulation of
the appeal from the administrative officer must be stated; the special
question must be specifically articulated.
(b)
Improved lot coverage information, where necessary,
must reflect the ordinance requirement, existing and proposed lot
area, lot width, side yard (one), side yard (total of both), front
yard, rear yard and, with respect to accessory structures, the side
yard and rear yard.
(c)
Lot lines shall be shown with dimensions and
bearings and the lot area shown in total square feet. The lot area
must not include areas within an existing or proposed right-of-way.
(d)
Letters and other supporting documentation must
be submitted demonstrating that the applicant has attempted to purchase
adjacent land to make the lot conforming. Proof must be submitted
that the variance will not be detrimental to the neighborhood and
adjacent residences.
(4)
Applicant identification. The applicant's name, address,
phone number, fax number, lot(s), block(s), current zoning district,
total square feet of all structures and the date of the application.
(5)
Neighboring property identification. The tax block
and lot numbers and names and addresses with respect to all properties
abutting the property as well as all properties across the street.
This shall include the locations of all structures on all adjoining
properties, including the dimensions to property lines.
(6)
Easements and rights-of-way. Copies of all present
deeds relevant to the property, including deeds of easement and rights-of-way,
shall be submitted.
(7)
Streams and drainage ditches. All existing physical
features on the site and within 200 feet thereof, including streams,
watercourses and drainage ditches within 200 feet. If there are none,
this must be noted on the plans.
(8)
Structures and woodlands. The location of all buildings
and structures, trees, hedges and fences with dimensions to the property
lines. All proposed structures or structural alterations with dimensions
from the property line shall be shown.
(9)
Parking areas. The location and arrangement of parking
areas and driveways within 100 feet of the property.
(10)
Key map. A key map of the site with reference
to surrounding areas, zoning district(s) and existing street locations
within 200 feet of the site. The scale shall not exceed one inch equal
800 feet.
(11)
Architectural plans. Architectural plans, including
proposed elevations, dimensions, floor layout, square footage, number
of stories and facade signs.
(12)
Fees. All fees, both application and escrow,
must be paid in full. A fee schedule with calculations shall be submitted,
including a signed W-9.
(13)
Zone chart. A zone chart showing zone requirements
for all setbacks, impervious coverage, FAR, building coverage, building
height and parking. The chart is to show what is provided for. Graphic
representations for setbacks are required.
(14)
Signature block. There shall be a signature
block for the Board Engineer, Board Chairman and Board Secretary to
sign.
(15)
Tax certification. There shall be submitted a certification from the Tax Collector that all taxes have been paid to date on the property pursuant to § 126-226B of the Township Municipal Code.
(16)
Ownership. If the property owner is a corporation
or partnership, there shall be a list of all owners who own 10% or
more of the stock or 10% or more of a partnership interest.
(17)
Referral of application to adjoining municipalities.
If the application involves a request for a subdivision or site plan
approval, a copy of the full application packet must be submitted
to the Borough of Somerville and the Borough of Raritan, along with
proof of submission mailing.
(18)
Documents required. If the application involves
a request for a subdivision or site plan approval, the following documents
must be submitted:
(19)
Checklist form. All the requirements set forth hereinabove are contained in Form #3E entitled "Appeal or Variance Application Only" or Form #4 entitled "Variance and Design Waiver Report," which is set forth, in its entirety, in § 126-34.1 entitled "Application/checklist: appeal, variance and/or design waiver" of Article VI (Application and Appeals to Planning Board and Board of Adjustment), of Part 4 (Administration and Procedure in general) of Chapter 126 (Land Use) of the Municipal Code of the Township of Bridgewater.
(20)
Waiver. The applicant may request that one or
more of the submission requirements be waived; however, the request
must be in writing and state the reason for the waiver request. If
the submission waiver is honored during completeness review, the Board
still has the right to request the same information during the hearing
process, in addition to any other information they deemed necessary
for proper review of the application.
[Added 7-7-2005 by Ord. No. 05-42]
A.
An applicant submitting an appeal or variance application shall complete Form #3E, in accordance with the requirements of § 126-34C entitled "Administrative appeal, variance and design waiver applications." This Form #3E is entitled "Appeal or Variance Application Only" and is set forth, hereinbelow, in its entirety.[1]
[1]
Editor's Note: The Appeal or Variance Application
Only Checklist is available on the Township Web site: www.bridgewaternj.gov.
B.
An applicant submitting an application for a variance and/or design waiver shall complete Form #4, in accordance with the requirements of § 126-34C entitled "Administrative appeal, variance and design waiver applications." This Form #4 is entitled "Variance and Design Waiver Report" and is set forth, hereinbelow, in its entirety.[2]
[2]
Editor's Note: The Variance and Design Waiver
Report Checklist is available on the Township Web site: www.bridgewaternj.gov.
[Amended 9-18-1978 by Ord. No. 78-22; 5-18-1981 by Ord. No.
81-11; 10-4-1982 by Ord. No. 82-38; 6-18-1990 by Ord. No. 90-11; 12-15-2003 by Ord. No. 03-36; 7-8-2004 by Ord. No. 04-24; 9-20-2004 by Ord. No.
04-30; 12-5-2005 by Ord. No. 05-55; 4-3-2006 by Ord. No. 06-16]
A.
Each such application or appeal shall be accompanied
by payment of a fee as follows or shall be paid in a method to be
determined by the Township Council, in its sole discretion, including
but not limited to payment in installments:
(1)
Escrow deposits. In addition to the initial fees or
charges as elsewhere set forth, the municipal agency shall require
escrow deposits in accordance with the provisions of the fee and deposit
schedule set forth in Subsection L of this section. The Chief Financial
Officer of the municipality shall make all of the payments to professionals
for services rendered to the municipality or approving authority for
review of applications for development, review and preparation of
documents, inspection of improvements or other purposes under the
provisions of N.J.S.A. 40:55D-1 et seq. The application review and
inspection charges shall be limited only to professional charges for
review of applications, review and preparation of documents and inspections
of developments under construction and for review by outside consultants,
when an application is of a nature beyond the scope of the expertise
of the professionals normally utilized by the municipality. The only
cost that shall be added to any such charges shall be actual out-of-pocket
expenses of such professionals or consultants, including normal and
typical expenses incurred in processing applications and inspecting
improvements.
(2)
Scope of reimbursed services. The municipality shall
be entitled to be reimbursed for the review of applications, both
as to completeness and as to content, for the review and preparation
of documents such as, but not limited to, drafting resolutions, developer's
agreements, and necessary correspondence with applicant or applicant's
professionals.
(3)
Deposit of escrow funds; refunds. Deposits received
from any applicant in excess of $5,000 shall be held by the Chief
Financial Officer in a special interest-bearing deposit account, and
upon receipt of bills from professionals and approval of said bills
as hereinafter provided for, the Chief Financial Officer may use such
funds to pay the bills submitted by such professionals or experts.
Applications for development fees are nonrefundable. The municipality
shall not be required to refund an amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, the entire amount shall belong to the applicant and
shall be refunded to him by the municipality annually or at the time
the deposit is repaid or applied for the purposes for which it was
deposited, as the case may be, except that the municipality may retain
for administrative expenses a sum equivalent to no more than 33 1/3%
of that entire amount, which shall be in lieu of all other administrative
and custodial expenses. All sums not actually so expended shall be
refunded to the applicant within 90 days of the final decision by
the appropriate municipal agency with respect to such application,
upon certification of the Board Secretary that such application has
been finally decided.
(4)
Payments.
(a)
Each payment charged to the deposit for review
of applications, review and preparation of documents and inspection
of improvements shall be pursuant to a voucher from the professional
which voucher shall identify the personnel performing the service,
and each date the services were performed, the hours spent to one-quarter-hour
increments, the hourly rate and the expenses incurred. For Township
employees, the hourly rate shall be 200% of the employee's hourly
base salary which shall be established annually by ordinance. All
professionals shall submit vouchers to the Chief Financial Officer
of the municipality on a monthly basis in accordance with the schedules
and procedures established by the Chief Financial Officer. The professional
shall send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer of the municipality simultaneously
to the applicant and, the municipal agency for whom said services
were performed.
[Amended 2-4-2008 by Ord. No. 08-01]
(b)
The Chief Financial Officer shall prepare and
send the applicant a statement which shall include an accounting of
funds, listing all deposits, interest-earnings disbursements and the
cumulative balance of the escrow account. This information shall be
provided on a quarterly basis, if monthly charges are $1,000 or less,
or on a monthly basis, if monthly charges exceeded $1,000. If an escrow
account or deposit contains insufficient funds to enable the municipality
or approving authority to perform required application review or improvement
inspections, the Chief Financial Officer shall provide the applicant
with a notice of the insufficient escrow or deposit balance. The Chief
Financial Officer, or its designee, may request that the applicant
replenish the escrow account if the escrow funds fall below 25% of
the original escrow fee. If the escrow funds fall below 25% of the
original escrow fee, the applicant may be requested to replenish the
escrow account up to 50% of the original escrow fee. In order for
work to continue on the development or the application, the applicant
shall within a reasonable time period post a deposit to the account
in an amount to be agreed upon by the municipality or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
[Amended 12-5-2022 by Ord. No. 22-29]
(5)
Payments required prior to issuance of permits. No
zoning permits, building permits, certificates of occupancy or any
other types of permits may be issued with respect to any approved
application for development until all bills for reimbursable services
have been received by the municipality from professional personnel
rendering services in connection with such application and payment
has been made.
(6)
Close-out procedures.
(a)
The following close-out procedures shall apply
to all deposits and escrow accounts established under the provisions
of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving
authority has granted final approval and signed the subdivision plat
or site plan, in the case of application review escrow and deposits,
or after the improvements have been approved in accordance with N.J.S.A.
40:55D-53, in the case of improvement inspection escrows and deposits.
(b)
The applicant shall send written notice by certified
mail to the Chief Financial Officer of the municipality and the approving
authority and to the relevant municipal professional, that the application
or the improvements, as the case may be, are completed. After receipt
of such notice, the relevant professional shall render a final bill
to the Chief Financial Officer of the municipality within 30 days
and shall send a copy simultaneously to the applicant. The Chief Financial
Officer of the municipality shall render a written final accounting
to the applicant on the uses to which the deposit was put within 45
days of receipt of the final bill. Any balances remaining in the deposit
or escrow account including interests, in accordance with N.J.S.A.
40:55D-53.1, shall be refunded to the developer along with the final
accounting.
(7)
Scope of charges. All professional charges for review
of an application for development, review and preparation of documents
or inspection of improvements shall be reasonable and necessary and
in accordance with N.J.S.A. A. 40:55D-53(h), given the status and
progress of the application or construction. Review fees shall be
charged only in connection with an application for development presently
pending before the approving authority or upon review of compliance
with the conditions of approval, or review of requests for modification
or amendment made by the applicant. A professional shall not review
items which are subject to approval by any state governmental agency
and not under municipal jurisdiction except to the extent consultation
with a state agency is necessary due to the effect of state approvals
on the subdivision or site plan.
(8)
Limitation of inspection fees. Inspection fees shall
be charged only for work shown on a subdivision or site plan or required
by an approving resolution. Professionals inspecting improvements
under construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work and such inspections
shall be reasonably based on the approved development plans and documents.
(9)
Substitution of professionals. If the municipality
retains a different professional or consultant in the place of a professional
originally responsible for development application review, or inspection
of improvements, the municipality or approving authority shall be
responsible for all time and expenses of the new professional to become
familiar with the application or the project, and the municipality
or approving authority shall not bill the applicant or charge to the
deposit or the escrow account for any such services.
(10)
Estimate of cost of improvements. The cost of
the installation of improvements for the purposes of N.J.S.A. 40:55D-53
shall be estimated by the Municipal Engineer, based on documented
construction costs for the public improvements prevailing in the general
area of the municipality. The developer may appeal the Municipal Engineer's
estimate to the County Construction Board of Appeals, established
pursuant to N.J.S.A. 52:27D-127.
(11)
Appeals.
(a)
An applicant shall notify, in writing, the Township
Planner with copies to the Chief Financial Officer, the approving
authority and the professional whenever the applicant disputes the
charges made by a professional for a service rendered to the municipality
in reviewing applications for development, review and preparation
of documents, inspection of improvements, or other charges made pursuant
to N.J.S.A. 40:55D-53.2. The Township Planner or his designee shall
within a reasonable time attempt to remediate any disputed charges.
If the matter is not resolved to the satisfaction of the applicant,
the applicant may appeal to the County Construction Board of Appeals,
established pursuant to N.J.S.A. 52:27D-127, any charge to an escrow
account or deposit by any municipal professional or consultant or
the cost of the installation of improvements estimated by the Municipal
Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his authorized
agent shall submit the appeal in writing to the County Construction
Board of Appeals. The applicant or his authorized agent shall simultaneously
send a copy of the appeal to the municipality, approving authority,
and any professional whose charges are the subject of the appeal.
An applicant shall file an appeal within 45 days from receipt of the
informational copy of the professional's voucher required by N.J.S.A.
40:55D-53.2(c), except that if the professional has not supplied the
applicant with an informational copy for the voucher, then the applicant
shall file his appeal within 60 days from the receipt of the municipal
statement of activity against the deposit or escrow account required
by N.J.S.A. 40:55D-53.2(c). An applicant may file an appeal for an
ongoing series of charges by a professional during a period not exceeding
six months to demonstrate that they represent a pattern of excessive
or inaccurate charges. An applicant making use of this provision need
not appeal each charge individually.
(b)
Appeals shall be taken in accordance with the
rules and procedures established by the County Construction Board
of Appeals.
(c)
During the pendency of the appeal, the municipality
or approving authority shall continue to process, hear and decide
the application for development and to inspect the development in
the normal course and shall not withhold, delay or deny reviews, inspections,
signing of subdivision plats or site plans, the reduction or the release
of performance or maintenance guarantees, the issuance of construction
permits or certificates of occupancy or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The Chief Financial Officer of the municipality may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the Chief Financial
Officer of the municipality shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of a municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge. A successful appellant may
receive a refund of the appeal fee.
B.
Schedule of fees and escrow amounts.
(1)
Each such application or appeal shall be accompanied
by payment of a fee as follows or shall be paid in a method to be
determined by the Township Council, in its sole discretion, including
but not limited to payment in installments:
|
Schedule of Fees
| |||||
|---|---|---|---|---|---|
|
Category
|
Application Fee
|
Escrow Fee
| |||
|
Concept sketch
| |||||
|
a.
|
Five lots or more
|
$100
|
$3,000
| ||
|
b.
|
Less than five lots
|
$100
|
$1,500
| ||
|
Minor subdivision
| |||||
|
a.
|
Minor subdivision
|
$125
|
$3,000
| ||
|
b.
|
Lot line adjustment (no variance)
|
$50
|
$1,000
| ||
|
Preliminary major subdivision
|
$110 per lot
|
$5,000 plus $500 per lot
| |||
|
Final major subdivision
|
$55 per lot
|
$5,000 plus $500 per lot
| |||
|
Subdivision variances — each
variance shall be computed as follows:
| |||||
|
a.
|
Appeals (N.J.S.A. 40:55D-70a)
|
$100
|
$1,500
| ||
|
b.
|
Interpretation (N.J.S.A. 40:55D-70b)
|
$100
|
$1,500
| ||
|
c.
|
Hardship/bulk (N.J.S.A. 40:55D-70c)
|
$250
|
$3,000
| ||
|
d.
|
Use (N.J.S.A. 40:55D-70d)
|
$250
|
$3,000
| ||
|
e.
|
Permit (N.J.S.A. 40:55D-34 & 35)
|
$100
|
$4,000
| ||
|
Simple variance (If the application involves
nothing more than the erection of a fence or shed on the property
of a single- or two-family residence, construction of a swimming pool
accessory to a single- or two-family residence, or construction of
an addition to or an alteration of a single- or two-family residence
not to exceed a total of 500 square feet.)
|
$75
|
$350
| |||
|
Amended subdivision or extension of approval
|
50% of initial fee
|
50% of initial escrow
| |||
|
Site plan concept
| |||||
|
a.
|
Major plan
|
$100
|
$1,000
| ||
|
b.
|
Minor plan
|
$100
|
$1,000
| ||
|
c.
|
Multifamily site
|
$100 per acre plus $10 per unit (minimum deposit
$500)
|
$250 per acre plus $50 per unit (minimum deposit
($1,500)
| ||
|
d.
|
Site plan waiver
|
$25
|
$500
| ||
|
Minor site plan
|
$250
|
$2,500
| |||
|
Preliminary site plan nonresidential (a plus
b plus c)
| |||||
|
a.
|
Basic fee, plus b plus c
|
$250
|
$5,000
| ||
|
b.
|
For all structures: plus c
| ||||
|
The first 5,000 square feet
|
$500 plus
|
$2,000 plus
| |||
|
Remaining over 5,000 square feet
|
$0.06 per square foot plus
|
$0.20 square foot plus
| |||
|
c.
|
Acreage of lot (or part thereof)
|
$100 per acre
|
$50 per acre
| ||
|
Preliminary site plan residential (a plus b)
| |||||
|
a.
|
Basic fee, plus b
|
$125
|
$5,000 plus
| ||
|
b.
|
Building site plan
|
$50
|
$500 per unit
| ||
|
Final site plan (a plus b plus c) nonresidential
| |||||
|
a.
|
Basic fee, plus b plus c
|
$250
|
$5,000
| ||
|
b.
|
For all structures: plus c
| ||||
|
The first 5,000 square feet
|
$500 plus
|
$2,000 plus
| |||
|
Remaining over 5,000 square feet
|
$0.06 square foot plus
|
$0.20 square foot plus
| |||
|
c.
|
Acreage of lot (or part thereof)
|
$100 per acre
|
$50 per acre
| ||
|
Final site plan residential (a plus b)
| |||||
|
a.
|
Basic fee, plus b
|
$250 plus
|
$5,000 plus
| ||
|
b.
|
Building site plan
|
$50 per unit
|
$500 per unit
| ||
|
Site plan variances — each variance
shall be computed as follows:
| |||||
|
a.
|
Appeals (N.J.S.A. 40:55D-70a)
|
$100
|
$1,500
| ||
|
b.
|
Interpretation (N.J.S.A. 40:55D-70b)
|
$100
|
$1,500
| ||
|
c.
|
Hardship/bulk (N.J.S.A. 40:55D-70c)
|
$250
|
$3,000
| ||
|
d.
|
Use (N.J.S.A. 40:55D-70d)
|
$250
|
$3,000
| ||
|
e.
|
Permit (N.J.S.A. 40:55D-34 & 35)
|
$100
|
$4,000
| ||
|
Simple variance
(If the application involves nothing more than
the erection of a fence or shed on the property of a single- or two-family
residence, construction of a swimming pool accessory to a single-
or two-family residence, or construction of an addition to or an alteration
of a single- or two-family residence not to exceed a total of 500
square feet.)
|
$75
|
$350
| |||
|
Amended site plan or extension of approval
|
50% of initial fee
|
50% of initial escrow
| |||
|
Appeals, conditional use, inspection
| |||||
|
a.
|
Appeal to Township Council
|
$250
|
None required
| ||
|
Certified list of property owners
|
$0.25 per name or $10, whichever is greater
|
None required
| |||
|
Copy of transcript
|
As provided in resolution or ordinance adopted
pursuant to N.J.S.A. 47:1A-1
|
None required
| |||
|
Copy of minutes or decisions
|
See N.J.S.A. 47:1A
|
None required
| |||
|
Tape recordings of minutes
|
$25 per tape
|
None required
| |||
|
Conditional use
|
$350
|
$1,500
| |||
|
(Determination whether to authorize a conditional
use shall be made by the Planning Board
| |||||
|
Inspection fees (attach Engineer's estimate)
|
6% of construction costs
|
$
| |||
(2)
Payment is made in two checks. One check is to be
identified as the "application fee" and the second check is to be
identified as the "escrow account."
(3)
If the fee schedule for application fees or escrow
deposits is modified during the course of an application, the new
application and escrow fee due and payable will be that fee which
is in effect at the time the application is deemed complete.
C.
If the fee schedule for application fees or escrow
deposits is modified during the course of an application, the new
application and escrow fee due and payable will be that fee which
is in effect at the time of decision by the Board.
[Added 9-19-1985 by Ord. No. 85-28]
If the Environmental Commission has prepared
and submitted to the Planning Board an index of the natural resources
of the municipality or region, the Planning Board shall make available
to the Environmental Commission an informational copy of every application
for development submitted to the Planning Board. Failure to do so
shall not invalidate any hearing or proceeding.
Each application for a conditional use shall
include a request for any required site plan approval that is related
thereto.
[Amended 6-25-1981 by Ord. No. 81-19]
At the request of the 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. The developer shall not be required to submit any
fees for such an informal review. 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.
[Amended 6-25-1981 by Ord. No. 81-19]
The Board of Adjustment shall have the power to grant subdivision or site plan approval or conditional use approval whenever the proposed development requires approval of a variance pursuant to § 126-19A(4) of this chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good (including, but not limited to, the purposes set forth in N.J.S.A. 40:55D-2) and without substantial impairment of the intent and purpose of the Zone Plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid § 126-19A(4) shall not be required.
[Amended 10-7-1985 by Ord. No. 85-32]
A.
An application for development shall be complete for the purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for the purposes of commencing the applicable time period unless the application lacks information indicated on a checklist provided to the applicant, pursuant to § 126-40.1, and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
B.
The applicant may request that one or more of the
submission requirements be waived, in which event the agency or its
authorized committee shall grant or deny the request within 45 days.
Nothing herein shall be construed as diminishing the applicant's obligation
to prove in the application process that he is entitled to approval
of the application. The municipal agency may subsequently require
correction of any information found to be in error and submission
of additional information not specified in this chapter or any revisions
in the accompanying documents as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revision in the accompanying documents so required by the municipal
agency.
[Added 10-7-1985 by Ord. No. 85-32; amended 9-20-2004 by Ord. No. 04-30]
A.
The checklists referred to in § 126-40 shall list the following information to be shown or indicated on applicable plans:
[Amended 5-16-2005 by Ord. No. 05-27]
(5)
For an application for development which requests an administrative appeal, a hardship variance, a use variance, a special permit, a design waiver or a decision on a special question, in connection with or separate from the submission of a site plan or subdivision plan, the information required by § 126-34C and 126-34D and Form 3E and Form 4, which is set forth in § 126-34.1. The checklists shall also indicate that the information to be included in the required application form and the required application fee and escrow fee are necessary for complete application.
(6)
For a simple variance, as defined in § 126-35, the applicant may submit an accurate current survey of the property, with a certification of affidavit of no change in boundary or structure, which will show clearly what is proposed and its relationship to existing structures. If the simple variance option is chosen, the applicant need not fill out sections of the variance-only application form relating to environmental impact statements, stormwater control plans and hillside development calculations. However, even with respect to this simple variance option, all notice requirements must be adhered to.
B.
The administrative officer shall prepare such checklists
and shall furnish the same to applicants, together with the appropriate
application form referenced hereinabove.
[Amended 5-16-2005 by Ord. No. 05-27]
C.
Residential uses which propose minor improvements
with variances.
[Added 4-4-2005 by Ord. No. 05-12]
(1)
This residential variance option only applies
if the application involves a single- or two-family residence with
nothing more than a "c" variance and:
(2)
In such circumstances, the applicant may submit
a simple sketch of the property or a survey of the property showing
clearly what is proposed and its relationship to existing structures.
This shall include the requirements for minor subdivisions without
need for steep wetlands delineations, hillside development computations
or stormwater management plans. All of these requirements, as well
as all notice requirements, must be adhered to if the applicant's
matter is to be heard.
