A.
All subdivision and/or resubdivision of land within the Township, as defined in § 60-4, shall be reviewed by the Planning Board in accordance with the provisions of this chapter. Every residential major subdivision within an A Agricultural or RR Rural Residence Zoning District that creates three or more new lots in addition to the remainder or reserved parcel must be a planned residential cluster development as set forth in § 60-97.
[Amended 3-14-2006 by Ord. No. 3-2006]
B.
Except as otherwise provided, no zoning or construction
permit shall be issued for any building or use or any enlargement
or alteration of any building or use unless a site plan for said building
or use is first submitted to and approved by the Land Use Board, and
no zoning permit shall be given or remain valid unless all construction
and site utilization conforms to an approved site plan. This requirement
shall pertain to all uses and structures in all zoning districts,
except that:
(1)
Site plans shall not be required for:
(a)
Any single-family dwelling; for permitted accessory
uses to a single-family dwelling such as a private garage or swimming
pool, but excluding home occupations;
(b)
Agricultural uses;
(c)
A farm or any permitted accessory use thereto
such as barn, silo, storage shed or related structure; or
(d)
Any Township-owned principal and accessory uses.
(2)
Site plan review and approval will not be required
in connection with the alteration and repair of an existing structure
or use, when the Zoning Officer determines that the alteration or
repair:
(3)
The Land Use Board may waive the requirement of this subsection if the proposed development has secured previous site plan approval or when the Land Use Board is convinced that the development will not affect existing circulation, drainage, building arrangement, landscaping, buffering, lighting and other consideration of site plan review on the property of the proposed development, and that the proposed development will not create an additional or new need for said considerations of site plan. Such waiver of site plan review shall require notice as per § 60-28.
Specifications and checklists for items and
information to be submitted determine complete applications for development
review.
A.
In order for an application to be deemed complete
for purposes of commencing the applicable time period for action by
the Land Use Board pursuant to N.J.S.A. 40:55D-10.3, the items set
forth in Schedule A, General Requirements Checklist,[1] must be submitted, regardless of the type of application, as well as those items on the applicable checklists as per § 60-38 for the particular type of application being made. Said schedule shall serve as checklists and shall be provided to each applicant for development approval.
[Amended 4-13-2011 by Ord. No. 4-2011]
[1]
Editor’s Note: The schedule is included at the end of this chapter.
B.
An application shall be complete for purposes of commencing the applicable time period for action by the Land Use Board when so certified by the Land Use Board or its authorized committee or designee. In the event the Board, 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 the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on the checklist of items to be submitted, specified herein and provided, in writing, to the applicant, and the Land Use Board 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. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its authorized committee shall grant or deny the request within 45 days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The Land Use Board 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 is reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so received by the Land Use Board. A certification or statutory deeming of completeness shall automatically confirm that the applicant's submissions to the Planning Board meet the criteria to qualify as an "application for development" as defined in this Chapter 60, and shall establish the "date of submission" as defined in this Chapter 60.
[Amended 4-13-2011 by Ord. No. 4-2011]
C.
An applicant may appeal the committee's or designee's
decision concerning the completeness of an application to the Board.
The Board shall have 45 days after receipt of a written request to
schedule a public hearing, at which time the Board will determine
if the application is complete. The Board shall affirm, modify or
reverse the decision of the committee or designee.
A.
Application procedures.
[Amended 12-8-2009 by Ord. No. 15-2009; 4-13-2011 by Ord. No.
4-2011]
(1)
Persons making application to the Planning Board must obtain all necessary forms and checklists as per § 60-38. Upon request, the Planning Board Secretary shall provide copies of all forms for no charge, but the Planning Board Secretary is not required to give advice as to which forms are necessary for any particular type of application or as to how any form must be completed. Upon request, the Planning Board Secretary shall provide copies of this Chapter 60 and the Planning Board's Rules for such charges as may be applicable.
(2)
The Land Use Board or the Board's designee shall determine,
on the basis of advice from the Board's administrative officer and
its professional staff as detailed hereinabove, that the application
is complete and properly submitted as of that date, or that the application
is incomplete, as provided in N.J.S.A. 40:55D-10.3, in which latter
case the applicant shall be notified in writing of the deficiencies
therein by the Board or the Board's designee for the determination
of completeness within 45 days of the applicant's initial submission
as to the additional information or materials required.
(3)
Administrative determination of preliminary completeness.
The administrative officer, in conjunction with the Board engineer
and/or professional staff, shall make a determination of preliminary
completeness prior to listing any matter on the agenda for a meeting
of the Board. In the event the administrative officer determines the
application is not complete, the administrative officer shall so advise
the applicant in writing, indicating the items which the administrative
officer has found or been advised by the Board engineer and/or professional
staff to be lacking. The failure of the administrative officer to
have mentioned an item to an applicant shall not preclude the Board
from finding an application incomplete. The Land Use Board or the
Board's designee shall have the authority to make final determinations
of completeness and shall make a determination of completeness prior
to hearing any application.
(4)
Any
application for development that the Planning Board determines will
create, impose, aggravate or lead to the possibility of one or more
adverse effects upon the property that is the subject of the application,
or upon adjacent or nearby properties or existing or proposed streets,
may be required to be revised to remove such adverse effects prior
to further review or, if not so revised, shall be denied.
(5)
An "amended application for development" as defined in this Chapter 60 shall constitute, and shall be processed and reviewed by the Planning Board as in the case of the original application for development, as a new application for development that has replaced the previous one. An amended application for development shall be subject to application fee and escrow deposit requirements for resubmission or revision of any application per the fee schedule established in Pittsgrove Township Code § A120-1. An amended application for development is not a "resubmitted application for development" as defined in this Chapter 60.
(6)
A "resubmitted application for development" as defined in this Chapter 60 shall be processed and reviewed by the Planning Board as a new application for development, and shall be subject to the application fee and escrow deposit requirements for resubmission or revision of any application per the fee schedule established in Pittsgrove Township Code § A120-1. If the Planning Board determines that the date of submission is on or before the 30th day following the date of the Planning Board Secretary's receipt of the applicant's notice of withdrawal, or on or before the 30th day following the Planning Board's adoption of its resolution denying the prior application without prejudice, the Planning Board shall, at the applicant's request, waive the application fee for the resubmitted application for development on the condition that the applicant's review escrow must be replenished within a Board-specified deadline in an amount sufficient to reimburse the Township for all professional fees relating to the prior application and to restore the review escrow to its initially required amount. A resubmitted application for development is not an "amended application for development" as defined in this Chapter 60. An application that has been denied with prejudice may not be resubmitted.
(7)
When an applicant elects to "bifurcate" a development proposal pursuant to N.J.S.A. 40:55D-76b (and as that term is defined in this Chapter 60), each application that is submitted as part of an applicant's bifurcated development proposal, the initial "separate application" and any "subsequent application" (as those terms are referenced in N.J.S.A. 40:55D-76b), shall constitute and be reviewed by the Planning Board as a separate new application for development, with each application being subject to the payment of all fees and escrows required for new applications, and each application having a separate certification or deeming of completeness, and a separately established "date of submission" as defined in this Chapter 60.
(8)
Except in extraordinary or exceptional circumstances as provided below, the Planning Board shall neither request nor grant any extension of the applicable statutory deadline for decision for any application that has a date of submission that predates one or more amendments to this Chapter 60 with which the application does not comply. The Planning Board shall promptly schedule hearings for each such application and in each instance shall provide the applicant with no less than 20 days' written notice of the scheduled hearing date. If an applicant to whom such notice is sent does not appear at the scheduled hearing, or appears but is unprepared to proceed with the hearing, the hearing may be postponed by the Planning Board, but only to a meeting date within the applicable statutory deadline for decision on the application. If insufficient time for decision remains within the applicable statutory deadline to reschedule the hearing, or if such a postponement is otherwise impracticable, the application shall be denied. Under extraordinary or exceptional circumstances the Planning Board may, subject to the applicant's waiver of the applicable statutory deadline for decision, reschedule the application for a hearing to occur within the sixty-day period immediately following the date of the applicable statutory deadline, provided that if the applicant does not appear at the rescheduled hearing, or appears but is unprepared to proceed with the hearing, the hearing shall not be further rescheduled and the application shall be denied.
(9)
In the event the Planning Board has granted a definite or indefinite extended hearing schedule for a complete application and the Planning Board's grant of such extension occurs prior to one or more later amendments to this Chapter 60 with which the application does not comply, and if in such event more than 60 days remain in the extended hearing schedule, the Planning Board shall notify the applicant of the amendments, schedule the application for a hearing to occur within 60 days following the date the notice is issued, or within 60 days following the application's original applicable statutory deadline for decision, whichever is later, and otherwise rescind or waive the previously granted extended hearing schedule, provided that the aforesaid notice must be issued no less than 20 days prior to the hearing date specified in the notice. If an applicant to whom such notice is sent does not appear at the scheduled hearing, or appears but is unprepared to proceed with the hearing, the application shall be denied. Under extraordinary or exceptional circumstances the Planning Board may, subject to the applicant's further waiver of the applicable statutory deadline for decision, reschedule the application for a hearing to occur within the sixty-day period following the hearing date specified in the aforesaid notice, provided that if the applicant does not appear at the rescheduled hearing, or appears but is unprepared to proceed with the hearing, the hearing shall not be further rescheduled and the application shall be denied.
(10)
Notices pursuant to above Subsection A(8) and (9) shall be sent by certified mail, return-receipt requested. The above scheduling, notice and application denial procedures are not limited to situations in which this Chapter 60 is amended in a manner with which a pending application does not comply; rather, these procedures may be used for such other applications and in such other circumstances as the Planning Board may deem appropriate.
B.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285, (N.J.S.A. 40:27-6.6) in the case of a subdivision or Section
8 of P.L. 1968 (N.J.S.A. 40:27-6.6), in the case of a site plan, the
Planning Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board or approval of the County Planning Board by its failure to report
thereon within the required period.
C.
At the request of the developer, the Land Use Board
shall grant an informal review of a concept plan for a development,
excluding an application for a variance, for which the developer intends
to prepare and submit an application for development. The developer
shall not be bound by any concept plan for which review is requested,
and the Land Use Board shall not be bound by any such review.
D.
An applicant
or developer may not transfer any of the rights relating to a project
or an approval to any other person or entity unless such transfer
is accomplished by a three-way agreement among the current applicant/developer,
the new applicant/developer, and either the Planning Board (if the
transfer is to occur before signature of the approved final plan or
plat) or the Township Committee (if the transfer is to occur after
signature of the approved final plan or plat). The agreement must
confirm, to either the Planning Board Solicitor's satisfaction (if
the transfer is to occur before final approval or before the final
plan or plat has been signed) or the Township Solicitor's satisfaction
(if the transfer is to occur after final approval or after the final
plan or plat has been signed), all matters as to the identity of the
new applicant/developer; all matters pertaining to how the applicant's/developer's
responsibilities will be carried out under the approval; and how any
issues such as the disposition of past and future guarantees, escrows
and fees, or other relevant matters, are to be resolved.
[Added 12-8-2009 by Ord. No. 15-2009]
A.
Minor subdivision or site plan.
(1)
Application for minor subdivisions, as defined in § 60-4, shall not be subject to a public hearing provided that a conditional use or zoning variance request is not involved in connection with said application(s). All site plans shall require a public hearing with notice as set forth in §§ 60-28 and 60-29.
(2)
Final approval of a minor subdivision, and preliminary
approval in the case of a minor site plan, shall be granted or denied
within 45 days from the date the application for said minor subdivision
or minor site plan is determined to be completed or within such time
as may be consented to by the applicant.
(3)
In granting final approval to a minor subdivision or minor site plan, the Land Use Board may condition such approval on terms ensuring the provisions of improvements pursuant to the provisions of Articles V and VI as deemed applicable by the Board. In approving an application, the Land Use Board may impose any modifications or conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety and general welfare.
(4)
Approval of a minor subdivision shall expire 190 days
from the date of the Planning Board approval unless within such period
a plat in conformity with such approval and the provisions of the
Map Filing Law,[1] or a deed clearly describing the approved minor subdivision,
is filed by the applicant with the County Clerk, the Municipal Engineer
and the Municipal Tax Assessor. Copies filed with the Municipal Engineer
and Tax Assessor must show proof of filing with the County Clerk.
Any such plat or deed must be signed by the Chairman and Secretary
of the Township Land Use Board before it will be accepted for filing
by the County Clerk. The Land Use Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed pursuant to this
section if the developer proves to the reasonable satisfaction of
the Land Use Board that the developer was barred or prevented, directly
or indirectly, from filing because of delays in obtaining legally
required approvals from other governmental or quasi-governmental entities,
and the developer applied promptly for and diligently pursued the
required approvals. The length of extension shall be equal to the
period of delay caused by the wait for the required approvals, as
determined by the Land Use Board. The developer may apply for the
extension either before or after what would otherwise be the expiration
date.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(5)
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or minor site plan approval was granted, shall not be changed for a period of two years after the date of minor subdivision or minor site plan approval, provided, however, that in the case of a minor subdivision, the approved minor subdivision shall have been duly recorded as required in Subsection A(4) above. Extensions of said period may be granted by the Land Use Board in accordance with the provisions of N.J.S.A. 40:55D-46.lc for minor site plans and 40:55D-47g for minor subdivisions.
B.
Major subdivision and site plans; planned developments.
(1)
Preliminary applications for a major site plan for conventional developments which involve less than 10 acres or less than 10 dwelling units shall be subject to public hearing after notice properly given by the applicant as provided in § 60-29, and preliminary approval shall be granted or denied within 45 days from the date the application is determined to be complete or within such further time as may be consented to by the developer. Preliminary major subdivisions, site plans for conventional developments which involve more than 10 acres or more than 10 dwelling units, or any planned development shall be subject to public hearing after notice properly given by the applicant as provided in § 60-29, and preliminary approval shall be granted or denied within 95 days from the date an application is determined to be complete or within such further time as may be consented to by the developer. Otherwise, the Land Use Board shall be deemed to have granted preliminary approval of the subdivision plat or site plan, except in the case of those applications subject to the provisions of § 60-20C, Final approval, and a certificate of the administrative officer as to the failure of the Land Use Board to act shall be issued on request of the applicant.
(2)
In the case of any planned development as permitted
by this chapter, the Land Use Board shall find prior to the approval
of such planned development the following facts and conclusions:
(a)
That departures by the proposed development
from zoning regulations otherwise applicable to the subject property
conform to the standards of this chapter;
(b)
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate;
(c)
That provisions 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 the
residents, occupants and owners of the proposed development in the
total completion of the development are adequate;
(3)
In the event that preliminary approval of such subdivision
or site plan is denied because of failure to comply with municipal
or regional development regulations, a notation to that effect, together
with the signature of the administrative officer of the Land Use Board,
shall be placed on the plat or plan, and reasons for the denial shall
be stated in the denial resolution.
(4)
Preliminary approval of a major subdivision, site plan or planned development shall be granted by resolution, which shall set forth any conditions that must be met, including design standards and improvements required by Article V, required performance guaranties as set forth in Article VI, and plat or plan changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat or plan, said notation to clearly state that preliminary approval does not authorize recording in the case of a subdivision, nor the issuance of a zoning or construction permit in the case of a site plan, together with the signature of the Chairman and Secretary of the Township Land Use Board. The preliminary approval does not authorize the recording of a subdivision or the issuance of a zoning or building permit for a site plan.
(5)
Preliminary approval of a subdivision plat or site
plan shall confer upon the applicant the following rights:
(a)
That the zoning requirements and general terms
and conditions on which approval were granted shall not be changed
for a three-year period from the date of preliminary approval, unless
modified by ordinance with respect to public health or public safety
objectives pursuant to N.J.S.A. 40:55D-49a.
(b)
Preliminary approval of a major subdivision,
site plan or planned development will expire three years following
the date of the resolution memorializing the preliminary approval
unless the applicant files an application for final approval for such
major subdivision, site plan or planned development with the Planning
Board on or before such expiration date and such filed final application
is also thereafter certified by the Board or otherwise deemed to be
complete on or before such expiration date. The applicant may submit
for final approval on or before the expiration date of preliminary
approval the whole or a section or sections of a preliminary subdivision,
site plan or planned development, provided that any such sections
must have been designated and approved on the preliminary plans, and
also provided that any section or sections for which final application
is not made on or before the expiration date of the preliminary approval
will expire upon the expiration date.
[Amended 12-8-2009 by Ord. No. 15-2009]
(c)
That the applicant may apply for and the Land
Use 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 as provided in N.J.S.A.
40:55D-49c.
C.
Final approval.
(1)
A developer seeking final approval of a major subdivision,
site plan or planned development shall, with the knowledge of the
zoning administrative officer, submit the required number of folded
paper prints of the final plan, together with original and processed
tracings as required by the Map Filing Law[2] in the case of subdivisions, along with a completed application
form, to the Land Use Board administrative officer at least 10 days
prior to a regularly scheduled Land Use Board meeting.
[Amended 12-8-2009 by Ord. No. 15-2009]
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
The Land Use Board, at its next regularly scheduled
meeting, shall determine, on the basis of advice from the Board's
administrative officer and its professional staff, that the application
is complete and properly submitted as of that date, or that the application
is incomplete, as provided in N.J.S.A. 40:55D-10.3, in which latter
case the applicant shall be notified in writing of the deficiencies
therein by the Board or the Board's designee for the determination
of completeness within 45 days of the applicant's initial submission
as to the additional information or materials required. The applicant
may request that one or more of the submission requirements be waived,
in which event the Board or its designee shall grant or deny the request
within 45 days. The Board 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 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 Board.
(3)
Final approval of a major subdivision, site plan or planned development shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with including the conditions of § 60-20B(2), as applicable, with respect to a planned development, and all required easements or deeds have been submitted and approved as to content by the Township Engineer and approved as to form by the Township Solicitor. Annotation indicating approval shall be placed on each plat or plan, together with the signatures of the Chairman and the Secretary of the Land Use Board.
(4)
An application for final approval shall be granted
or denied within 45 days from the date it is determined to be complete
or within such further time as may be consented to by the applicant.
Otherwise, the Land Use Board shall be deemed to have granted final
approval, and a certificate of the Land Use Board administrative officer
as to the failure of the Land Use Board to act shall be issued on
request of the applicant.
(5)
Final approval of a major subdivision shall expire
95 days from the date of signing the plat unless within such period
the plat shall have been duly filed by the developer with the County
Clerk. The Land Use Board, for good cause shown, may extend the period
of recording for an additional period, not to exceed 190 days from
the date of the signing of the plat. The Land Use Board may extend
the 95 or 190 days as provided by N.J.S.A. 40:55D-54.
(6)
The Land Use Board is authorized pursuant to N.J.S.A.
40:55D-51 to grant exceptions from the requirements for subdivision
or site plan approval and to simultaneously review and approval or
deny conditional uses or site plans with review of subdivision approval.
(7)
Final approval of a major subdivision, site plan or
planned development shall confer upon the developer the following
rights:
(a)
Zoning requirements applicable to the preliminary approval first granted and all rights conferred upon the developer as set forth in § 60-20B(4), whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded in accordance with the expiration provisions set forth in § 60-20C(6). If the developer has followed the standards prescribed for final approval, and in the case of a major subdivision has duly recorded the plat as required herein, the Land Use Board may extend for such period of protection for extensions of one year, but not to exceed three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to § 60-12B(4) for any portions granted final approval.
(b)
In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or a conventional subdivision or site plan of 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Land Use Board may extend the period of protection granted under § 60-20C(7) as provided in N.J.S.A. 40:55D-52.
(c)
Final approval of a major subdivision, site
plan or planned development will expire two years following the date
of the resolution memorializing the final approval unless on or before
the expiration date the Planning Board Secretary and Chairman sign
the final subdivision plat or final site plan to confirm that all
pre-signature conditions of the final approval have been satisfied,
including the posting of all required performance and maintenance
guaranties and inspection escrows. The Planning Board may grant extensions
of final approval pursuant to N.J.S.A. 40:55D-52d.
[Amended 12-8-2009 by Ord. No. 15-2009]
(8)
An applicant's approved final subdivision plat or
site plan will not be signed by the Planning Board Secretary and Chairperson
until all required performance and maintenance guaranties and inspection
escrows have been posted with the Township, an electronic copy of
the approved plans in a version of AutoCAD satisfactory to the Township
Engineer has been transmitted to the Township Engineer and Planning
Board Secretary, and all other presignature conditions of final approval
have been satisfied. Signed copies of the signed final subdivision
plat or site plan shall be distributed by the Planning Board Secretary
to the Planning Board files (plus two signed Mylars), the Township
and Planning Board Engineers, Zoning Officer, Tax Assessor, County
Planning Board, and the applicant (plus any additional signed Mylars).
[Amended 12-8-2009 by Ord. No. 15-2009]
(9)
No site work or other development activity may commence pursuant to an applicant's approved major subdivision, site plan (major or minor), or planned development approval until the applicant has satisfied all presignature conditions of final approval as required by Subsection C(8), above; the applicant's approved final subdivision plat or site plan has been signed by the Planning Board Secretary and Chairperson and, in the case of a final subdivision plat, filed in the office of the Salem County Clerk; and all applicable zoning, construction and other permits have been issued.
[Added 12-8-2009 by Ord. No. 15-2009]
(10)
No
building permit will be issued for any lot within a major subdivision
or planned development until all lots that must be transferred to
a homeowners' association or other entity have been confirmed to the
Township Solicitor's satisfaction as having been properly transferred
subject only to the easements, covenants and restrictions that are
required pursuant to the major subdivision or planned development
approval; all drainage improvements are complete; all proposed new
roadways are complete except for the top pavement course; and all
other prebuilding permit conditions of approval have been satisfied.
[Added 12-8-2009 by Ord. No. 15-2009]
(11)
No
building permit will be issued for any site plan project or planned
development until all easements, covenants and restrictions that must
be granted by or to a maintenance association or other entity pursuant
to the major site plan or planned development approval have been confirmed
as having been properly granted and not subject to any other easements,
covenants and restrictions; all drainage improvements are complete;
all proposed new roadways are complete except for the top pavement
course; and all other prebuilding permit conditions of approval have
been satisfied.
[Added 12-8-2009 by Ord. No. 15-2009]
(12)
No
certificate of occupancy will be issued for any new structure within
a major subdivision, site plan, or planned development until the Township
Engineer confirms that all grading and drainage facilities, and other
improvements required at the lot pursuant to the approval, have been
accomplished and installed in conformance with the approval and any
approved plot/grading plan.
[Added 12-8-2009 by Ord. No. 15-2009]
A.
Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development pursuant to the provisions of this chapter may submit a general development plan to the Land Use Board prior to the granting of preliminary approval of that development by the Land Use Board as provided in § 60-20B of this chapter.
B.
The Land Use Board shall grant or deny general development
plan approval within 95 days after submission of a complete application
to the administrative officer, or within such further time as may
be consented to by the applicant. Failure of the Land Use Board to
act within the period prescribed shall constitute general development
plan approval of the planned development.
C.
A general development plan shall contain all information
provided in the Checklist G[1] for a general development plan, and shall set forth the
permitted number of dwelling units, the amount of nonresidential floor
space, the residential density and the nonresidential floor area ratio
for the planned development, in its entirety, according to a schedule
which sets forth the timing of the various sections of the development.
The planned development shall be developed in accordance with the
general development plan approved by the Land Use Board notwithstanding
any provisions of N.J.S.A. 40:55D-1 et seq. or any ordinance or regulation
adopted pursuant thereto after the effective date of the approval.
[1]
Editor's Note: Checklist G is included at the end of this chapter.
D.
The term of effect of the general development plan approval shall be determined by the Land Use Board using the guidelines set forth in Subsection E below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to N.J.S.A. 40:55D-1 et seq.
E.
In making its determination regarding the duration
of the effect of approval of the development plan, the Land Use Board
shall consider the number of dwelling units or amount of nonresidential
floor area to be constructed, prevailing economic conditions, the
timing schedule to be followed in completing the development and the
likelihood of its fulfillment, the developer's capability of completing
the proposed development, and the contents of the general development
plan and any conditions which the Land Use Board attaches to the approval
thereof.
F.
In the event that the developer seeks to modify the
proposed timing schedule, such modification shall require the approval
of the Land Use Board. The Land Use Board shall, in deciding whether
or not to grant approval of the modification, take into consideration
prevailing economic and market conditions, anticipated and actual
needs for residential units and nonresidential space within the Township
and the region, and the availability and capacity of public facilities
to accommodate the proposed development.
G.
Except as provided hereunder, the developer shall
be required to gain the prior approval of the Land Use Board if after
approval of the general development plan, the developer wishes to
make any variation in the location of land uses within the planned
development or to increase the density of residential development
or the floor area ratio of nonresidential development in any section
of the planned development. Any variation in the location of land
uses or increase in density or floor area ratio approval in reaction
to a negative decision of, or condition of development approval imposed
by, the Department of Environmental Protection pursuant to N.J.S.A.
13:19-1 et seq., shall be approved by the Land Use Board if the developer
can demonstrate to the satisfaction of the Land Use Board that the
variation being proposed is a direct result of such determination
by the Department of Environmental Protection.
H.
Except as provided hereunder, once the general development
plan has been approved by the Land Use Board, it may be amended or
revised only upon application by the developer approved by the Land
Use Board. A developer, without violating the terms of approval pursuant
to this chapter, may, in undertaking any section of the planned development,
reduce the number of residential units or amount of nonresidential
floor space by no more than 15% or reduce the residential density
or nonresidential floor area ratio by no more than 15%; provided,
however, that a developer may not reduce the number of residential
units to be provided pursuant to N.J.S.A. 52:27D-301 et seq. without
prior Township approval.
I.
The Land Use Board, in accordance with the provisions
of N.J.S.A. 40:55D-45.7, shall certify completion of each section
of a general development plan, determine any general development failure
to complete or comply, or determine the termination of a general development
plan approval.
J.
In the event that a development which is the subject
of an approved general development plan is completed before the end
of the term of the approval, the approval shall terminate with the
completion of the development. For the purposes of this section, a
development shall be considered complete on the date upon which a
certificate of occupancy has been issued for the final residential
or nonresidential structure in the last section of the development
in accordance with the timing schedule set forth in the approved general
development plan and the developer has fulfilled all of his obligations
pursuant to the approval.
In all requests for conditional uses, the burden
of proof shall be on the applicant. The considerations and standards
upon which the conditional use shall be heard and decided shall be
as follows:
A.
The use for which application is being made is specifically
authorized as a conditional use in the Schedule of District Regulations
for the district in which it is proposed.[1]
[1]
Editor's Note: Said schedule is included at the end of this chapter.
B.
All regulations and standards specified in this chapter
which are applicable to the proposed use shall apply. The area, bulk,
minimum setback and coverage dimensions and height regulations for
the specific district shall apply as minimum requirements except in
the following instances:
(2)
For commercial and industrial uses, the area and dimensional
standards of the most restrictive commercial or industrial district
shall apply, except if the prevailing zone district standards for
the given use are more restrictive.
C.
The following criteria shall be considered in the
deliberations on any conditional use application:
(1)
The design, arrangement and the nature of the particular
use is such that the public health, safety and welfare will be protected
and reasonable consideration is afforded the neighborhood and the
zoning district with regard to conservation of property values, avoidance
of congestion of vehicular traffic or the creation of any unnecessary
hazard.
(2)
Nonresidential buildings shall be oriented so as not
to face building frontage or public entranceways in the direction
of a residential neighborhood. Special consideration shall be given
to the buffering and screening of all such uses from any residential
use.
(3)
Building and structural design and materials shall
be compatible with surrounding land uses.
(4)
Whenever possible, commercial and industrial conditional uses shall gain access from roads of minor collector status or above. Traffic intensive uses, defined as generating more than 50 trips per day, shall be located on a major collector or arterial road. Applications for commercial or industrial uses which do not meet these criteria shall include a detailed traffic impact analysis as per § 60-36 (Checklist - Schedule C[2]) prepared by a qualified traffic engineer, planner or
other appropriately qualified professional.
[2]
Editor's Note: Schedule C is included at the end of this chapter.
(5)
The Land Use Board may impose any modification or
conditions it may deem necessary to carry out the intent of this chapter
or to protect the health, safety and general welfare of the public.
D.
The required number of copies of an application for a conditional use permit along with site plan of the proposed conditional use as required by § 60-22D(2), and shall be submitted in accordance with the provisions of § 60-20.
[Amended 12-8-2009 by Ord. No. 15-2009]
(1)
Within 95 days from the date said application is determined
complete or within such further time as may be consented to by the
applicant, the Land Use Board shall, by resolution, either approve
or disapprove the application. Failure of the Land Use Board to act
within the period prescribed shall constitute approval of the applicant,
and a certificate of the administrative officer as to the failure
of the Land Use Board to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval herein required and shall be so accepted by the
Zoning Officer as justification for issuance of a zoning permit for
said conditional use and by the County Clerk for purposes of filing
subdivision plats. A conditional use shall require a public hearing
and proper noticing of adjoining property owners in the manner prescribed
by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), as currently
amended, prior to the Land Use Board determining whether or not to
grant the conditional use.
(2)
In reviewing an application for a conditional use permit, said review shall include site plan review as provided in accordance with §§ 60-17 and 60-20. The Land Use Board shall review applications, including the site plans and any related studies, in accordance with all standards and regulations of this chapter and as to conformity with the goals, objectives and policies of the adopted Township Master Plan.
(3)
The Land Use Board shall notify the Zoning Officer,
in writing, as to its decisions and any special conditions imposed
in connection with the approval actions.
(4)
The Zoning Officer shall approve or deny applications
for conditional use permits in accordance with the Land Use Board
action. All conditional use permits shall be issued only in accordance
with applicable conditions contained in this chapter or imposed by
the Land Use Board. The Land Use Board administrative officer shall
transmit one copy of all approved and denied applications to the Township
Tax Assessor, Zoning Officer, Construction Code Official and Township
and Planning Board Engineers.
A.
Appeals to the Land Use Board may be taken by any
person aggrieved or by any officer, department, board or bureau of
the municipality affected by any decision of the Zoning Officer. Each
appeal shall be taken within the twenty-day period prescribed by filing
a notice of appeal with the officer from whom the appeal is taken
together with the required number of copies of said notice with the
administrative officer of the Land Use Board. Said notice of appeal
shall specify the grounds for said appeal. The officer from whom the
appeal is taken shall forthwith transmit to the Land Use Board all
papers constituting the record upon which the action appealed from
was taken.
[Amended 12-8-2009 by Ord. No. 15-2009]
B.
Filing.
(1)
Applications addressed to the original jurisdiction
of the Land Use Board without prior application to an administrative
officer pursuant to N.J.S.A. 40:55D-72b shall be filed with the administrative
officer of the Land Use Board. Sixteen copies of the application shall
be filed. At the time of filing the appeal or application, but in
no event less than 15 days prior to the date set for the hearing,
the applicant shall also file all plot plans, maps or other papers
required by virtue of any provision of this chapter or any rule of
the Land Use Board. The applicant shall obtain all necessary forms
from the Secretary of the Land Use Board. The Secretary of the Board
shall inform the applicant of the steps to be taken to initiate proceedings
and of the regular meeting dates of the Board.
(2)
If the applicant is a corporation or partnership,
said applicant shall list the names and addresses of all stockholders
or individual partners owning at least 10% of its stock of any class
or at least 10% of the interest of a partnership, as may be the case,
as required by N.J.S.A. 40:55D-48.1.
(3)
If a corporation or partnership owns 10% or more of
the stock of a corporation or 10% or greater interest in a partnership,
subject to a disclosure as set forth above, that corporation or partnership
shall list the names and addresses of its stockholders holding 10%
or more of its stock or of 10% or greater interest in the partnership,
as may be the case, and this requirement shall be followed by every
corporate stockholder or partner in a partnership, until the names
and addresses of the noncorporate stockholders and individual partners,
exceeding the ownership criterion of 10% as set forth in N.J.S.A.
40:55D-1 et seq., have been listed.
C.
An appeal stays all proceedings in furtherance of
the action in respect to which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Land Use Board, after the notice of the appeal shall be filed with
him/her, that by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril to life or property. In
such case, proceedings shall not be stayed otherwise than by an order
of the Superior Court of New Jersey upon notice to the officer from
whom the appeal is taken and on due cause shown.
A.
Sign permits.
(1)
Applications for a sign permit shall be submitted to the Zoning Officer when the sign to be erected or installed is for an existing use or structure and is not part of a development requiring site plan review. The Zoning Officer shall review said application and plans submitted as required by § 60-36 and shall, within two weeks of receipt of the application:
(2)
In the case of a sign or signs to be erected or installed
as part of an application for subdivision or site plan approval, the
proposed signs shall be shown on the subdivision plat or site plan
and be reviewed and approved as part of the overall subdivision plat
or site plan by the Land Use Board. The Zoning Officer shall be authorized
by the approval of the subdivision plat or site plan submitted thereto
to issue the appropriate permit(s) for the sign(s) shown on said approved
plat or plan.
A.
At the request of the developer, the Land Use Board
shall grant an informal review of a concept plan for a proposed 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 informal review. The developer shall not be bound by
any concept plan for which review is requested, and the Land Use Board
shall not be bound by any such review and/or comments made during
same.
B.
Any sketch plats containing proposals and/or designs
for drainage, streets, subdivision layout or site design shall be
only for discussion and informal review and comment. The data included
on an informal submission shall include sufficient basic data to enable
the Land Use Board and the developer to comment upon design concepts,
such as building locations, ingress and egress, parking and major
natural features that will have to be recognized or may influence
certain design criteria, and the prospective developer's basic intent
for provision of water, sewage and stormwater facilities. Informal
sketches to scale of possible plans for development of the area. They
are not binding on the Township or upon the developer and do not necessitate
accurate engineered drawings. The Township or developer bear no liability
resulting from the informal discussion of such concept plans for development
since by their nature they are not actual applications with supporting
documentation and properly drawn and certified plats or plans.
C.
Although the minutes of a meeting of the Land Use
Board wherein an informal discussion was part of the agenda may so
note said discussion, no written findings, conclusions or reports
shall be issued by the Board as a result of an informal discussion.
Any interested party may appeal to the Township Committee any final decision of the Land Use Board approving a use variance pursuant to § 60-10G(4), provided that such appeal shall be made within 10 days of the date of publication of the Board's final decision.
A.
Rules. The Land Use Board shall make rules governing
the conduct of hearings before it, which rules shall not be inconsistent
with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such
person as said officer may designate shall have power to administer
oaths and issue subpoenas to compel the attendance of witnesses and
the production of relevant evidence, including witnesses and documents
presented by the parties, and the provisions of the County and Municipal
Investigations Law, P.L. 1953, c. 38, (N.J.S.A. 2A:67A-1 et seq.)
shall apply.
C.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer and the right of cross examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Each Board shall provide for the verbatim recording
of the proceedings by either stenographer, mechanical or electronic
means. The Board shall furnish a transcript or duplicate recording
in lieu thereof on request to any interested party at his/her expense.
An applicant for waiver by the Land Use Board of site plan review approval shall publish and serve public notices of the date, time and place of the meeting of the Land Use Board to consider such application. Such notice shall be published and served in the same manner and it shall contain the same information as required for a notice of hearing on an application for development as required pursuant to § 60-29 of the Code of the Township of Pittsgrove.
A.
Whenever a hearing is required on an application for
development pursuant to N.J.S.A. 40:55D-1 et seq., or when preliminary
site plan approval is sought for a minor or major site plan involving
multifamily housing, commercial, industrial or institutional uses
or activities; for appeals of determinations of the administrative
officer pursuant to N.J.S.A. 40:55D-70a; for request for interpretation
pursuant to N.J.S.A. 40:55D-70b, the applicant shall give notice of
the application or hearing as follows:
[Amended 12-8-2009 by Ord. No. 15-2009]
(1)
Public notice shall be given by publication in the
official newspaper of the Township at least 10 days prior to the date
of the hearing or meeting at which the application will be considered.
(2)
Notice shall be given to the owners of all real property
as shown on the current tax duplicate or duplicates located within
200 feet in all directions of the property which is the subject of
such hearing or application before the Board, and whether located
within or without the municipality in which the applicant's land is
located, provided that this requirement shall be deemed satisfied
by notice to the condominium association, in the case of any unit
owner's whose unit has a unit above or below it, or horizontal property
regime, in the case of any co-owner whose apartment has an apartment
above or below it. Such notice shall be given by serving a copy thereof
on the owner shown on said current tax duplicates or his agent in
charge of the property or by mailing a copy thereof by certified mail
to the property owner at his address as shown on the current tax duplicate.
A return receipt is not required. Notice to partnership owners may
be made by service upon any partner. Notice to a corporate owner may
be made by service upon its president, vice president, secretary or
other person authorized by appointment or by law to accept service
on behalf of the corporation. Notice a condominium association, horizontal
apartment regime, community trust or homeowners' association, because
of its ownership of common elements or areas located within 200 feet
of the property which is the subject of hearing or application to
be considered, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners or homeowners on
account of such common elements and areas.
(3)
Notice of all hearings on applications for developments involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4)
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
(5)
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified
mail to the State Planning Commission of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. The notice shall include a copy of any maps or documents required
to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10.
(7)
Notice of hearings on applications for approval of
a major subdivision or a site plan not defined as a minor site plan
under the provisions of N.J.S.A. 40:55D-1 et seq., requiring a public
hearing, shall be given, in the case of a public utility, cable television
company or local utility which possesses a right-of-way or easement
within the municipality and which has registered with the municipality
in accordance with N.J.S.A. 40:55D-12.1, by serving a copy of the
notice on the person whose name appears on the registration form on
behalf of the public utility, cable television company or local utility
or mailing a copy thereof by certified mail to the person whose name
appears on the registration form at the address shown on that form.
B.
All notices as specified above in this section shall
be given at least 10 days prior to the date fixed for the hearing
or meeting at which the application will be considered, and the applicant
shall file an affidavit of proof of service with the Board or governing
body holding the hearing or meeting for consideration of the development
application. Any notice made by certified mail as required above shall
be deemed to be complete upon mailing in accordance with N.J.S.A.
40:55D-14.
C.
Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place
of the hearing or meeting, the nature of the matters to be considered
and identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the Township Tax Assessor's office
and the location and times at which any maps and documents for which
approval is sought are available as required by law.
A.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Assessor shall, within seven days after receipt of a request thereof and upon receipt of payment of a fee as indicated in Chapter A120, Fees, make and certify a list from the current tax duplicate of names and addresses of all:
(2)
Owners of all lots and blocks of land that are assessed
as qualified farmland under the New Jersey Farmland Assessment Act,[1] which abut the parcel which is the identified by aforementioned
request as being the subject property proposed for development.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
B.
Failure to give notice to any owner not on the list
shall not invalidate any hearing or proceeding.
A.
Each decision on any application for development shall
be set forth, in writing, as a resolution of the Board, which shall
include findings of fact and legal conclusions based thereon. The
municipal agency may provide such written decision and findings and
conclusions either on the date of the meeting at which the municipal
agency grants or denies approval or, if the meeting at which such
action occurs within the final 45 days of the applicable time period
for rendering a decision, within 45 days of such meeting by the adoption
of a resolution of memorialization. Whenever a resolution of memorialization
is adopted, the date of such action shall constitute the date of decision
for purposes of mailing, filings and publications required by this
section.
B.
A copy of decision shall be mailed by the Board within
10 days of the date of decision to the applicant or, if represented,
then to his/her attorney, without separate charge. A copy of the decision
shall also be mailed to all persons who have requested it and who
have paid the fee prescribed by the Board for such service. A copy
of the decision shall also be filed in the office of the Township
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.[1]
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary of the Land Use Board without separate
charge to the applicant. Said notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decision.
A corporation or partnership applying to the Land Use Board for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. Said disclosure shall be in compliance with the provisions of § 60-23B(2) through (4).
Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Land Use Board shall be accompanied by proof that no taxes
or assessment for local improvements are due or delinquent on the
property which is the subject of such application; or, if it is shown
that taxes or assessments are delinquent on said property, and approvals
or other relief granted by the Board shall be conditioned upon either
prompt payment of such taxes or assessments or the making of adequate
provisions for the payment thereof in such manner that the municipality
will be adequately protected.