Article XII Applications for Development

Content. An application for development shall include all of the items and information required in the applicable application and checklists adopted herein and listed in 140 Attachment 4:1 et seq.[1] A copy of the required checklist(s) shall be completed by the applicant and submitted with the application. Failure of an applicant to submit a completed checklist as part of an application package shall result in the application being deemed incomplete, and no review shall be undertaken by any employee of the Township until such time as a completed checklist is submitted by the applicant.

[Amended 2-9-2011 by Ord. No. 1-2011]

[1]

Editor’s Note: Said checklists are included at the end of this chapter.

Checklist attachments[2] provided herein shall be used to determine the completeness of development applications and shall be provided to all prospective applicants upon request. The approving authority may grant waivers from the submission of any submittal requirements upon the request of the applicant and the provision of proofs to the authority pursuant to the ordinance with the exception of the submittal of an environmental impact statement when required.

[Amended 2-9-2011 by Ord. No. 1-2011[3]]

[2]

Editor’s Note: Said checklists are included at the end of this chapter.

[3]

Editor’s Note: This ordinance also provided for the redesignation of former Subsection A(2) as Subsection A(3).

A subdivision and site plan application shall be complete for purposes of commencing the applicable time period for action when so certified by the Land Use Officer or designee. In the event that the Land Use Officer 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 specified in this chapter, the checklist has been provided in writing to the applicant, and the Planning 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 Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary to 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 revisions in the accompanying documents required by the Planning Board.

An applicant may appeal the Land Use Officer's decision concerning completeness of an application to the board which has jurisdiction to hear the application. 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 may affirm, modify, or reverse the decision of the Land Use Officer.

Assignment of applications.

§ 140-75 Preapplication informal review of concept plan.

The applicant shall have the option of filing an application for development with the Land Use Officer or his designee to determine which approvals are required, or of filing an application and proceeding before the board which the applicant believes to be appropriate. The Land Use Officer or his designee's determination shall be presumed to be correct. The following applications may be filed, and certain applications may involve a combination of actions:

Minor subdivision.

Major subdivision.

Appeal.

Major site plan.

Conditional use.

Variance.

Interpretation

The board shall deny without prejudice a misfiled application, and the applicant may apply to the correct approving authority.

Purpose of concept plan.

At the request of the applicant, the Planning Board or the Subdivision or Site Plan Committees shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development.

The purpose of the concept plan is to provide Planning Board or Subdivision and Site Plan Committees input in the formative stages of subdivision and site plan design.

§ 140-76 Post-application technical review.

Application for informal review shall be made on a form provided by the Land Use Officer and shall provide all information required therein.

Applicants seeking concept plan informal review shall submit the items stipulated in this chapter 24 days before the concept plan meeting. These items provide the developer and Planning Board or Subdivision and Site Plan Committees with an opportunity to discuss the development proposal in its formative stages.

The applicant will be charged the fee established for concept plan review. The amount of any fees for such informal review shall be a credit towards fees for review of the application for development.

The applicant shall not be bound by any concept plan for which review is requested, nor shall the Planning Board or Subdivision and Site Plan Committees be bound by any such review.

At the written request of the applicant or his representative and after an application has been deemed complete, the Land Use Officer shall schedule a technical review meeting regarding such application. The meeting shall involve the applicant, any representatives he wishes to attend, the Land Use Officer, The Township Engineer and the Township Planner and shall be held to discuss any technical concerns of the Township's representatives prior to the presentation of the application to the approving authority.

§ 140-77 Development requiring variances.

In cases where a proposed development requires Board of Adjustment action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70c or d or for the direction of issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 or where a party requests Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70a or on an interpretation pursuant to N.J.S.A. 40:55D-70b, the applicant shall submit to the Land Use Officer 15 copies of the items required by this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.

Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit.

The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission.

The Board of Adjustment shall render a decision not later than 120 days after the date an appeal is taken from the decision of an administrative office or the submission of a complete application for development to the Board of Adjustment. Failure of the board to render a decision within a one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

Any variance permitting use or structure in a district in which such use or structure is not permitted shall expire by limitations three years after the date of the decision granting the variance, unless the construction of the structure or the use has been commenced within that period of time. The running of the aforesaid period of limitation shall be suspended from the date of filing of an appeal from the decision to a court of competent jurisdiction until the termination of such appeal. Whether there answers part of a subdivision or site plan approval, the period of limitations shall coincide with the period of effectiveness of the approval period.

§ 140-78 Minor subdivision procedure.

Any applicant requesting approval of a proposed minor subdivision as defined in this chapter shall submit to the Land Use Officer 15 copies of the items required in by this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.

The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission.

If the subdivision is unanimously approved with at least three members of the Subdivision Committee present and voting, no further action shall be required of the Planning Board as a whole. If the vote is not unanimous, or if such Committee has not been established, the minor subdivision shall be referred to the Planning Board. If a variance within the jurisdiction of the Planning Board is requested, the subdivision shall not be referred to the Committee but instead to the Planning Board as a whole.

The action of the Subdivision Committee or the Planning Board under this article must be taken within 45 days, or 120 days if a variance is required of N.J.S.A. 40:55D-70c or d or within such further time as is agreed to by the applicant and the board. Failure of the Planning Board or Committee to act within the period prescribed shall constitute minor subdivision approval and a certificate of the Land Use Officer as to the failure of the Planning Board or Committee to act shall be issued on request of the applicant.

Except as provided in Subsection G below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Township Engineer and the Township Tax Assessor as specified by N.J.S.A. 40:55D-1 et seq. Any such plat or deed accepted for such filing shall have been signed by the Chairperson and Secretary of the Planning Board, and the Planning Board Engineer.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided in this section.

The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection E above if the developer proves to the reasonable satisfaction of the approving 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 that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the board. The developer may apply for an extension either before or after what would otherwise be the expiration date.

The board shall grant an extension of minor subdivision approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

§ 140-79 Minor site plan procedure.

[Amended 8-8-2012 by Ord. No. 10-2012]

An applicant requesting a jurisdictional determination for a proposed minor site plan as defined in this chapter shall submit an application to the Land Use Officer pursuant to § 140-75, Preapplication informal review of concept plan, pursuant to this chapter. For an application to be reviewed, the plans and documents submitted shall provide sufficient information for an adequate review by the Planning Board of the extent, size, character and scope of the proposed development. Upon submission of adequate documentation, the application shall be scheduled for a jurisdictional review at the next available Planning Board informal hearing.

Upon conclusion of the hearing, the Planning Board may request additional information for further consideration, recommend jurisdictional application review by the Land Use Officer, or recommend formal site plan review by the full Planning Board.

If jurisdiction is granted to the Land Use Officer, a complete development application and all applicable fees shall be submitted to the Land Use Officer pursuant to this chapter. The application shall be declared complete or incomplete within a forty-five-day period from the date of submission pursuant to this chapter. If determined to be complete, a review pursuant to this chapter shall commence and may result in a minor site plan approval and the issuance of a development permit. If approval and a permit cannot be issued, a list of the reasons shall be provided to the applicant for his consideration.

Specific consideration by the Land Use Officer shall include but not be limited to the following:

Compliance with the land use and zoning regulations of the Township.

The provision of adequate parking spaces in compliance with this chapter as well as all state and federal requirements for handicapped accessibility.

Appropriate landscaping and buffering as required by this chapter.

§ 140-80 Major subdivision and major site plan procedure.

Proof of compliance with all applicable Township, state and federal regulations and requirements.

(5)

All alternations or modifications of and to the existing drainage systems involving the construction of new facilities, buildings, or structures, including, but not limited to, grading modifications, soil removal or fill, and the direction or quantity of surface water flow shall be approved by the Township Engineer.

(6)

The work involved shall not negate any condition of a previously approved site plan except as set forth above.

(7)

The proposed addition or alteration does not violate any zoning ordinance or land use ordinance requirements.

(8)

All other approvals and permits required by law or regulation shall be obtained and copies submitted to the Land Use Officer.

Preliminary approval.

The applicant seeking preliminary major subdivision or preliminary major site plan approval shall submit to the Land Use Officer 18 copies of the materials stipulated in this chapter.

The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of this chapter.

The Subdivision and Site Plan Committees, if established, shall review the application and shall comment and make recommendations to the Board.

A complete application for a subdivision of 10 or fewer lots, or for a site plan of 10 acres of land or less or 10 dwelling units or less, shall be acted upon within 45 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. A subdivision of more than 10 lots, or a site plan that involves more than 10 acres of land or more than 10 dwelling units, shall be acted upon within 95 days of the date of such submissions, or 120 days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the board shall be deemed to have granted preliminary subdivision or site plan approval.

(5)

Effect of preliminary approval of major subdivisions and major site plans.

Preliminary approval of a major subdivision and site plan shall, except as provided in Subsection A(5)(b) of this section, confer upon the applicant the following rights for a three year period from the date on which the resolution of preliminary approval is adopted:

[1]

That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

[2]

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and

[3]

That the applicant may apply for and the Planning 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 and improvement standards have been revised by ordinance, such revised standards may govern.

In the case of a subdivision of or site plan for an area of 50 acres or more, the board may rant the rights referred to in Subsection A(5)(a)[1], [2] and [3] above for such period of time, longer than three years, as shall be determined by the board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development. The applicant may apply for thereafter and the board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions, and the comprehensiveness of the development, provided that if the design and improvement standards have been revised, such revised standards may govern.

(c)

Whenever the board grants an extension of preliminary approval pursuant to Subsection A(5)(a)[3] or A(5)(b) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(d)

The board shall grant an extension of preliminary approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the board from granting an extension pursuant to Subsection A(5)(a)[3] or A(5)(b) of this section.

(e)

Where a developer plans to install the site improvements prior to final approval, the developer shall submit the engineering plans and specifications for the improvements and the required fees and insurance certificate to the Township Engineer, who shall act upon them within 35 days. In the event of a denial, the specific reasons must be enumerated in letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirements as previously imposed for a denial. After the plans are approved, the developer may install the site improvements prior to final approval. Prior to such installation, the developer shall either post a performance guarantee pursuant to this chapter or shall be required to furnish a restoration guarantee for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, which ever occurs first. The guarantee shall either be a surety bond, a letter of credit, or cash.

Final approval.

An applicant requesting final approval of a proposed major subdivision or site plan shall submit to the Land Use Officer of the Planning Board, or other designee, 18 copies of the materials specified in this chapter. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board. The final plat or map shall also be accompanied by a statement from the Township Engineer that the Township is in receipt of as-built plans showing all streets and utilities in exact location and elevation and identifying those portions already installed and those to be installed, and that the developer has complied with one or both of the following:

Installed all improvements in accordance with the requirements of this chapter; or

A performance guarantee has been posted with the Township pursuant to Article XV.

The application for final subdivision or site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of this chapter.

Final approval shall be granted or denied within 45 days after submission of a complete application to the Land Use Officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the Chairman and Secretary of the Planning Board unless within such period the plat shall have been duly filed by the developer with the county recording officer. The board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning 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 that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the board. The developer may apply for an extension either before or after the original expiration date.

(5)

No subdivision plat or deed shall be filed unless it has been duly approved by the board as indicated by the signature of the Chairman and Secretary of the board. The signatures of the Chairman and Secretary of the board shall not be affixed until the developer has posted the guarantees required pursuant to this chapter.

(6)

Developers agreement. Prior to the signing and recording of final major subdivision plats and as a condition of final site plan approval in the case of a site plan, the developer shall enter into an agreement with the governing body. This agreement shall be of a form that is acceptable to the Township Attorney and one in which the developer agrees to abide by the terms and conditions of the board approval, construct the required improvements in accordance with the approved plans, agree to maintain the constructed improvements including but not limited to, payment of streetlighting charges, snow removal, maintenance of storm drainage, sewer and water facilities. The developer also shall agree that in the event the improvements are not maintained, the Township can utilize the cash portions of the performance guarantees to immediately attend to such items.

(7)

Submission of part of subdivision for final approval.

In the case of large subdivisions, where economic conditions, special circumstances or other applicable reasons exist, whereby it is unfeasible, impractical, or would create undue hardship upon a subdivider to comply with the requirements of the preceding § 140-39, the Planning Board shall accept and approve applications for final approval which otherwise meet the requirements of § 140-80B(1) to (6) for part or parts of a subdivision, provided that all of the following conditions are also met:

[1]

The number of lots on the approved preliminary plat shall be more than 30.

[2]

The number of lots on any final plat submitted under this subsection shall not be less than 10 on the first section submitted for final approval and not less than 20 on all subsequent sections submitted for final approval.

[3]

Not more than 50% of the lots on the preliminary plat front on an existing street.

[4]

All of the improvements and utilities required whether they be on-site, off-site or off-tract, to provide permanent access and necessary services to the lots shown on the final map have been completed.

[5]

In the event the preliminary plat has been approved pursuant to zone modification provisions of the applicable ordinance and improvements to or dedication of lands for public use have been approved, a portion of the required improvements and the transfer of ownership to the Township of the lands shall have been made in the same proportion as the number of lots on the final map is to the number of lots on the approved preliminary plat.

[6]

The applicant provides temporary or permanent easements, rights-of-way or other appropriate instruments to the Township for all access, utility lines, storm drainage facilities, watercourses or other facilities crossing, or in any way affecting lands remaining in the applicant's ownership or other privately owned lands that are required for the independent functioning of the portion of the subdivision for which final approval is being sought.

[7]

The filing fee to be paid by the applicant for each final map submitted shall be $500 dollars plus $10 per lot shown on the final map.

Temporary culs-de-sac shall be completed and maintained by the subdivider where a cul-de-sac would otherwise be required on any proposed street that will be temporarily terminated until such street has been extended, improved and accepted to either another temporary or permanent cul-de-sac, its intersection or connection to another improved street connecting to an existing public street, or a public street. The excess right-of-way in the temporary cul-de-sac shall revert to the adjoining lots and until such street shall have been extended, improved and accepted no building shall be erected on any lot affected by such excess right-of-way for a temporary cul-de-sac. The construction of temporary culs-de-sac pursuant to this subsection shall be in accordance with the specifications set forth in this chapter.

(8)

Effect of final approval of major subdivisions and major site plans. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this article whether conditionally or otherwise shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 140-80B(4).

If the developer has followed the standards prescribed for final approval and, in the case of a subdivision has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this article, the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 and § 140-80A(5) above, for the section granted final approval.

In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection B(8)(a) above for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions, and the comprehensiveness of the development. The developer may apply for thereafter, the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions, and the comprehensiveness of the development.

(c)

Whenever the board grants an extension of final approval pursuant to Subsection A(8)(A) and (b) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(d)

The Planning Board shall grant an extension of final approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of the final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection B(8)(a) and (b) section.

§ 140-81 Technical subdivisions.

[Added 9-9-1998 by Ord. No. 20-1998]

While subdivisions are not usually required for nonresidential development, it is recognized that a commercial project to be developed pursuant to this chapter may be of such a size or type so as to make sectionalization by subdivision and the use of different forms of ownership a practical necessity. The Township recognizes that a technical subdivision for such a project may be required for marketing or financing purposes.

An application for technical subdivision approval may be submitted with an application for approval of a nonresidential site plan, or subsequent to the issuance of such an approval.

An application for technical subdivision approval may be submitted with an application for approval of a site plan for a residential development providing for low- and/or moderate-income housing units as part of the Township's affordable housing plan, or subsequent to the issuance of such an approval.

Such an application shall be considered as a technical subdivision and treated as a minor subdivision application without the necessity to obtain bulk variances that would technically be required, subject to the following conditions:

The purpose of the application is to create a new lot for the purpose of financing or transfer of ownership within a development which is, or has been, the subject of site plan approval.

A technical subdivision may not substantially modify or otherwise adversely impact on the integrity of a previously approved development plan.

A technical subdivision must not reduce, limit or modify parking or access to parking.