[Amended 2-13-2001 by Ord. No. O-1-2001]
A. The applicant shall submit 15 copies of the complete
application for subdivision, site plan or conditional use approval
to the Secretary of the reviewing agency. The time for the agency's
review shall not begin to run until the submission of a complete application
with the required fee. Unless the applicant is informed in writing
by the Secretary of the reviewing agency within 45 days of the actual
submission of the application that it is incomplete, said application
shall be deemed complete as of the date it was submitted.
B. The Secretary of the reviewing board shall distribute
the site plan, subdivision and/or conditional use application for
review and report as follows:
(1) The review engineer appointed by the reviewing agency.
(2) The Municipal Fire Subcode Official (site plan application
only).
(3) The Administrative Officer.
(5) The Solicitor of the reviewing agency.
(6) Environmental Commission.
(7) Any other local board or agency that may review the
application.
C. All applications for subdivision, site plan or conditional
use review and approval shall include or be accompanied by:
(1) Fifteen copies of the appropriate application form(s),
completely filled in. If any item is not applicable to the applicant,
it should be so indicated on the application form(s).
(2) Certification that no taxes or assessments for local
improvements are due or delinquent on the subject property.
(3) Receipt indicating that all fees are paid.
(4) Affidavit of ownership. If the applicant is not the
owner, the applicants interest in the land (e.g., tenant, contract
purchaser, lienholder, etc.) and the signed consent of the owner shall
be provided.
(5) If a corporation or a partnership, a list of the names
and addresses of all stockholders or individual partners owning at
least 10% of its stock of any class as required by N.J.S.A. 40:55D-48.
1 et seq.
(6) Fifteen copies of any required plot plan, site plan
or subdivision plan.
(7) Pinelands Commission; wetlands.
(a)
Either:
[1]
A certificate of filing from the NJ Pinelands Commission as may be required pursuant to Article
VII of this chapter; or,
[2]
A letter of interpretation from NJDEP identifying
the absence of freshwater wetlands or verifying the delineation of
the boundaries of a freshwater wetlands area; or,
[3]
A letter from NJDEP certifying that the proposed
activity is exempt from the regulation under the Freshwater Wetlands
Protection Act; or,
[4]
A copy of any application made to NJDEP for
any permit concerning a proposed regulated activity in or around freshwater
wetlands.
(b)
The reviewing board may waive the above requirements of Subsections
C(7)(a)[2],
[3] and
[4] where it can be established by the applicant and verified by the board and its professionals that no wetlands exist on site or on any contiguous property.
(8) Statements as to the exact nature of any waiver or
variance required by this application and the reasons why the waiver(s)
or variance(s) should be granted.
D. Minor subdivision plat details. Proposed subdivisions
which are found by the reviewing board or its authorized committee
or designee to comply with the definition of a minor subdivision,
contained in this chapter, shall be considered and reviewed according
to specific procedures contained in this chapter. In the case of minor
subdivisions, the reviewing board may determine either by general
rule or, on a case-by-case basis, that a public hearing may be waived.
The first approval given a minor subdivision shall be deemed to be
final approval of the subdivision, provided that an administrative
officer or the Board may condition such approval on terms insuring
the provision of improvements as required by this chapter if applicable.
The application form for minor subdivision review shall be completed
and shall be accompanied by a plat signed and sealed by a licensed
land surveyor, which plat shall be a certified survey of the tract,
at a suitable scale to enable the entire tract to be shown on one
sheet and which shall show or include information indicated on the
checklist adopted by the Township by ordinance, or in the absence of a checklist, the following information:
(1) A key map showing the entire subdivision in relation
to the surrounding area and roadway system. The key map shall be taken
from the Franklin Township Zoning Map, with the property plotted thereon;
(2) All existing structures and wooded areas within the
parcel to be subdivided and within 200 feet of said parcel;
(3) The name and address of the owner and the name of
all property owners within 200 feet, as disclosed by the most recent
municipal tax records;
(4) The tax map sheet, block and lot numbers;
(5) All existing and proposed streets and easements (including
public utility easements) within or adjoining the proposed subdivision,
with right-of-way widths clearly indicated;
(6) The point of beginning and metes and bounds of the
property in question. All measurements shall be in feet and decimals
of a foot;
(7) Property corner markers, both found and set, or the
relation of existing markers to the property corner;
(8) The dimensions of all proposed lot lines of all new
lots being created and parcels being retained, the minimum front,
side and rear building setback lines for each lot; and any existing
lot lines to be eliminated by the proposed subdivision shall be clearly
indicated;
(9) Location, size and direction of flow of all streams,
brooks, lakes, watercourses, drainage structures and drainage ditches
in the area to be subdivided and 300 feet of the proposed subdivision;
(10)
North arrow and scale at which the plat is drawn
and the date of preparation;
(11)
Acreage of the entire tract and of new parcels
being proposed;
(12)
Number of new lots being created;
(13)
Name and address of the owner, subdivider and
person preparing the plat;
(14)
The classification of the zoning district or
districts in which the proposed subdivision is located, and a schedule
showing compliance of the proposed lots with the area and bulk standards
of the district or districts;
(15)
The location of any proposed open space or recreation
area;
(16)
Soil types shall be plotted on the plat as determined
from S. C. S. Soil Survey Maps or a field survey by a qualified soil
scientist;
(17)
A plat or plan showing the location of all boundaries
of the subject property, the location of all proposed development,
and existing or proposed facilities to provide water for the use and
consumption of occupants of all buildings and sanitary facilities
which will serve the proposed development;
(18)
For any application in, or adjacent to, the
R-A, PA-P and PR-R Districts, the identification of all abutting land
that has been assessed currently or within any of the three calendar
years preceding the application as qualified farmland under the NJ
Farmland Assessment Act, and the location within each subdivision lot of an agricultural buffer required under §
253-101. The location of an agricultural buffer strip shall not be required for any subdivision lot that is intended to be farmed and is five acres or more in area, or if farmland assessment on the adjacent lot has been terminated and rollback taxes have been imposed due to change of use of said adjacent land to a use other than agricultural or horticultural.
(19)
The subdivision plan shall include all applicable
certifications required by the Map Filing Law (N.J.S.A. 46:23-9.9
et seq.).
E. Major subdivision sketch plat, preliminary plat and
final plat details.
(1) Major subdivision sketch plats for discussion purposes shall be drawn to a scale of not less than one inch equals 200 feet and shall, as a minimum, include Subsections
(1) to (18) of Section D, "Minor Subdivisions" plat details.
(2) Applications for major subdivisions shall be made
for preliminary review and approval by the reviewing board and appropriate
application forms to be provided by said reviewing board.
(3) Preliminary submission requirements. An application
for preliminary plat review and approval shall include a completed
application form, together with a preliminary plat which shall be:
clearly and accurately drawn or reproduced at a suitable scale and
not less than one inch equals 100 feet; designed and drawn by a professional
engineer and licensed land surveyor with certification that the outbounds
of the tract have been accurately located; designed in compliance
with the provisions of this chapter; and show or be accompanied by
the information indicated on the checklist adopted by the Township
by ordinance, or in the absence of a checklist, the following information:
(a)
A key map, based on the Franklin Township Zoning
Map, showing the entire subdivision, the proposed street pattern
in the area to be subdivided, the distance to the nearest existing
developed area, and the relationship of the subject tract to the surrounding
area and road system.
(b)
The name of the proposed subdivision; applicable
municipal tax map sheets; block and lot numbers; the date; reference
meridian; graphic scale; and the following names and addresses:
[1]
Name and address of the record owner or owners
and the name of all adjoining property owners, as disclosed by the
most recent municipal tax records;
[2]
Name and address of the subdivider;
[3]
Name and address of the person who prepared
the plat.
(c)
The point of beginning and metes and bounds
of the property in question. All measurements shall be in feet and
decimals of a foot; the acreage of the tract to be subdivided to the
nearest 10th of an acre and the number of lots to be formed. The dimensions
of all proposed lot lines of all new lots being created and parcels
being retained to the nearest foot and any existing lot lines to be
eliminated by the proposed subdivision shall be clearly indicated.
(d)
The location of:
[1]
Existing and proposed property lines;
[2]
Property corner markers, both found and set,
or the relation of existing markers to the property corners;
[3]
Existing or proposed railroads or bridges;
[4]
Existing buildings and structures with an indication
of whether they will be retained or removed;
[5]
Proposed building setback lines from streets;
and
[6]
The outline of any wooded areas, together with
the limit of and proposed clearing. Vegetation information may be
required in any major subdivision application at the request of the
reviewing board.
(e)
Profiles and cross sections of proposed streets
within the subdivision and existing streets and highways abutting
the subdivision. Typical cross sections of streets shall clearly indicate
the type and width of paving, location of curb, location of sidewalks
and street tree locations. Buffer or screen planting locations, any
existing or proposed sight triangles at intersections and the radius
of the curb lines shall be indicated.
(f)
Existing topography with a contour interval
of one foot, where slopes are 3% or less; two feet, where slopes are
more than 3% but less than 15%. and five feet, where slopes are greater
than 15%, referenced to the National Geodetic Vertical Datum, 1929,
and indicated by a dashed line. Where any regrading is proposed, finished
grade contours should be shown in solid lines.
(g)
All existing watercourses shall be shown and
the application shall include or be accompanied by the following data:
[1]
In cases where a brook or stream is proposed
for alteration, improvement or relocation or when any structures are
proposed within the ordinary high water mark of a stream with a drainage
area of 1/2 square miles or greater, a stream encroachment permit
issued by the N. J. Department of Environmental Protection shall accompany
the application.
[2]
Cross sections of all watercourses at an appropriate
scale, showing extent of floodplain, top of bank, normal water level
and abutting lot elevations at the following locations:
[a] Any point where the watercourse
crosses the boundary of the subdivision;
[b] At 50 feet upstream and downstream
of any point of juncture of two or more watercourses; and
[c] At a maximum of three-hundred-feet
intervals along all watercourses which run through or adjacent to
the subdivision.
[3]
When ditches, streams, brooks or watercourses
are involved, improved or relocated, the method of stabilizing slopes
and measures to control erosion and siltation, as well as typical
ditch section profiles, shall be shown on the plat or accompanying
it.
[4]
The boundaries of the floodplain and special
flood hazard areas of all watercourses within or adjacent to the subdivision
as are shown on the Franklin Township Flood Insurance Rate Maps.
[5]
Profile of stream bed 300 feet upstream and
downstream from subject property limits.
(h)
The total acreage of the drainage basin, upstream
of the proposed subdivision of any watercourse, running through or
adjacent to said subdivision.
(i)
The total acreage of the drainage basin (of
which the subdivision is part) to the nearest downstream drainage
structure.
(j)
The location and extent of drainage or conservation
easements and stream encroachment lines.
(k)
The location, extent and water level of all
existing or proposed lakes or ponds located within or adjacent to
the subdivision.
(l)
The plat shall show or be accompanied by plans
and computations for a storm drainage system, including the following:
[1]
All existing or proposed storm sewer lines within
or adjacent to the subdivision, showing size and profile of the lines,
direction of flow and location of manholes and inlets and all calculation
sheets used for the design of the proposed storm sewer system.
[2]
The location and extent of any proposed dry
wells, groundwater recharge basins, retention basins or other water
conservation devices. Plans of proposed utility layouts (sewer, storm
drains, water, gas, electricity) shall be included and shall indicate
feasible connections to existing or proposed utility systems.
[3]
All retention or detention facilities shall
be designed to provide a minimum of two feet of separation between
the bottom of facility to the seasonal high-water level, as determined
by mottling or other approved methods.
(m)
A zoning schedule identifying compliance of
the proposed subdivision with the use, density, area and bulk and
parking regulations of this chapter.
(n)
A landscape plan showing the location of all
plant materials to be installed on site and all areas of existing
vegetation to be preserved.
(o)
Any lands to be dedicated or reserved for public
use shall be clearly indicated.
(p)
The location of all underground or surface utilities
and easements to accommodate them shall be clearly indicated.
(q)
A copy of any protective covenants or deed restrictions
proposed for application to the land being subdivided shall accompany
the preliminary plat.
(r)
The location of standards, distance from intersections
and illumination factors for all streetlighting shall be included.
(s)
An area acceptable to the reviewing board as to location and shape, suitable for recreation purposes, shall be shown. Such area shall be consistent with the provisions of §
253-50A(31),
(32) and
(33).
(t)
A soil erosion and sediment control plan.
(u)
A site clearing plan showing the limits of clearance,
all areas of disturbance and detailing proposed vegetation protection
measures.
(v)
For any application in or adjacent to the R-A,
PA-P and PR-R Districts, the identification of all abutting land that
has been assessed currently or within any of the three calendar years
preceding the application as qualified farmland under the NJ Farmland
Assessment Act, and the location within each subdivision lot of an agricultural buffer required under §
253-101. The location of an agricultura1 buffer shall not be required for any subdivision lot that is intended to be farmed and is five acres or more in area, or if farmland assessment on the adjacent lot has been terminated and rollback taxes have been imposed due to change of use of said adjacent land to a use other than agricultural or horticultural.
(w)
A list of other agencies requiring their approval
and the status of the application of these agencies.
(x)
Any other information deemed necessary to the
review of the subdivision by the reviewing board, Township Engineer
or Township Planner.
(y)
A Phase 1 environmental report shall be provided
for any proposed development.
[Added 4-24-2007 by Ord. No. O-11-2007]
(4) Final submission requirements. Final submission plats
shall be accompanied by an appropriate completed application form,
shall be drawn in ink on translucent tracing cloth or its equivalent
at a suitable scale; and shall comply with all provisions of the Map
Filing Law (N.J.S.A. 46:23-9.9 et seq.). The final plat shall show,
or be accompanied by, only that information and those details specified
in the aforementioned New Jersey Map Filing Law or in the information
indicated on the checklist adopted by the Township by ordinance, or in the absence of a checklist, the following list:
(a)
Date, location and name of the subdivision,
name of the owners, graphic scale and reference meridian.
(b)
Tract boundary lines, right-of-way lines of
streets, street names, easements and other rights-of-way, land to
be reserved or dedicated to public use, lot lines and other site lines,
all with accurate dimensions, bearings or deflection angles and radius,
arcs and central angles of all curves.
(c)
The purpose of any easement or land reserved
or dedicated to public use shall be designated and the proposed use
of sites other than residential shall be noted.
(d)
All natural and artificial watercourses, streams,
shorelines, water boundaries and encroachment lines shall be shown.
(e)
Each block and lot shall be numbered, with the
lots within each block numbered consecutively beginning with Number
1, and shall be subject to the approval of the Tax Assessor.
(f)
Minimum building setback lines on all lots and
other sides.
(g)
Location and description of all monuments.
(h)
Names of owners of adjoining land parcels.
(i)
Certification by a licensed land surveyor as
to the accuracy of details of the plat.
(j)
Certification that the applicant is owner, or
equitable owner, of the land or a representative thereof, or that
the owner has given consent under an option agreement.
(k)
An updated certification from the tax collector
that there are no delinquent taxes charged to the property involved
in the subdivision.
(l)
The preliminary plat, engineering details, cross
sections and profiles of streets and plan and profiles of storm drainage
systems approved by the Municipal Engineer shall be required to accompany
the final plat with all conditions of preliminary approval met and
reviewed by the engineer prior to the final plat submission.
(m)
If applicable, plans and profiles of sanitary
sewers and water mains approved by the municipal utilities authority
will be required to accompany the final plat.
(n)
When approval of a plat is required by an officer
or body of the municipality, county or state, approval shall be certified
on the plat prior to its filing in the office of the County Clerk.
(o)
All approvals, notices and permits from other
agencies.
(p)
Performance guarantees, approved by the Municipal
Solicitor as to form and the Municipal Engineer as to amount, sufficient
to insure the satisfactory completion of improvements and facilities
as required by the resolution of the reviewing board granting preliminary
approval. The developer's engineer shall submit a detailed engineer's
estimate for review and approval by the Municipal Engineer.
(q)
The subdivision plan shall include all applicable
certifications required by the Map Filing Law (N.J.S.A. 46:23-9.9
et seq.).
F. Site plan details and submission requirements. In
cases requiring site plan review and approval, applications for development
shall be accompanied by information and documentation specified in
this section.
(1) Preliminary submission requirements.
(a)
Site plans submitted for conventional developments
shall include materials that clearly show conditions on the site at
the time of the application, the features of the site which are to
be incorporated into the proposed development, and the appearance
and function of the proposed development. The various elements of
the site plan shall be prepared by the professionals, as required
by New Jersey Statute 13:40-7.1, licensed to practice in the State
of New Jersey, according to the following instructions and including
the information indicated on the checklist adopted by the City by
ordinance, or in the absence of a checklist, the following information
and data:
[1]
Site plans shall be drawn to a scale of not
less than one inch to 50 feet, or in the case of an area of 50 acres,
the plot plan may be drawn to a scale of one inch to 100 feet. All
distances shall be in decimals of a foot and all bearings shall be
given to the nearest tenth-second and the error of closure of the
tract shall be one in 10,000 and certified by a licensed land surveyor.
[2]
A key map showing the entire parcel to be developed
and its relation to the surrounding area, based on the Franklin Township
Zoning Map.
[3]
Title of development, north point, scale, name,
address of record owner and persons preparing the site development
plan with their seal and signature affixed to said plan.
[4]
The name of the owners of record of all adjacent
properties and the block and lot numbers of such adjacent properties.
[5]
All existing school, zoning and special district
boundaries located on or adjacent to the property involved. Such boundaries
shall be shown on the key map accompanying the detailed site plan.
[6]
The boundaries of the property involved, building
or setback lines of existing streets, lots, reservations, easements
and other areas dedicated to public use.
[7]
The location of existing buildings and all other
structures such as, but not limited to, signs, culverts, bridges (with
spot elevations of such structures), walls, fences, roadways and sidewalks.
[8]
The location of all proposed use areas, buildings,
structures (including fences, roadways and sidewalks) and special
sites for individual uses, all including proposed grades.
[9]
A zoning schedule identifying compliance of
the proposed development with the use, density, area and bulk and
parking regulations of this chapter.
[10]
The location and design of any off-street parking
or loading areas, showing size and location of bays, aisle ways, barriers.
pedestrian access, vehicular access and number of parking or loading
spaces.
[11]
All means of vehicle access and egress proposed
for the site, showing size and location of driveways and driveway
or curb openings to existing public streets.
[12]
Location of all storm drainage pipes, structures
and watercourses, whether publicly or privately owned, with pipe sizes,
grades and direction of flow, whether existing or proposed, and, also,
whether above or below the ground surface.
[13]
Existing topography with a contour interval
of one foot, where slopes are 3% or less; two feet, where slopes are
more than 3% but less than 15%, and five feet, where slopes are greater
than 15%, referenced to the National Geodetic Vertical Datum, 1929,
and indicated by a dashed line. Where any regrading is proposed, finished
grade contours should he shown in solid lines.
[14]
Location of existing high points, depressions,
ponds, marshes, wooded areas and other significant existing natural
features. Vegetation information may be required at the request of
the reviewing board. Watercourses and public roads, located within
1,000 feet of the site, shall be shown on the key map.
[15]
A certified survey, prepared by a land surveyor
licensed in the State of New Jersey, shall accompany site plans and
show the boundaries of the parcel and the limits of all proposed streets,
recreation areas and other property to be dedicated to public use
or to common open space.
[16]
In the case of new or expanded nonresidential
buildings or multifamily residential development, the site plan shall
be accompanied by preliminary architectural floor plans and elevations,
with the name, address, professional number and seal of the architect
involved.
[17]
All proposed street profiles and cross sections
shall be shown, indicating width of sidewalks and location and size
of utility lines, according to the standards and specifications of
Franklin Township. Such features are to be shown on a separate map,
when necessary.
[18]
Location of all proposed sewer and water lines,
valves, hydrants and other appurtenances or alternative means of water
supply and sewage disposal and treatment in conformance with the applicable
standards of the appropriate municipal, county and state agencies.
[19]
The proposed positioning, direction, illumination,
wattage and periods of operation of all proposed outdoor lighting
to be used anywhere on the site or in connection with any proposed
building or structure (including signs) thereon.
[20]
Location of all proposed signs, their size,
nature of construction, height and orientation, including all identification
signs, traffic and directional signs and freestanding and facade signs,
together with the nature and time control of sign lighting.
[21]
A landscape plan showing the location of all
plant materials to be installed on site and all areas of existing
vegetation to be preserved.
[22]
A copy of any covenants or deed restrictions
that are intended to cover all or any part of the tract.
[23]
An internal surface drainage plan, designed
to produce no greater volume of surface runoff from the site subsequent
to development, than that existing prior to development.
[24]
A soil erosion and sediment control plan.
[25]
A site clearing plan showing the limits of clearance,
all areas of disturbance and detailing proposed vegetation protection
measures.
[26]
For any application in, or adjacent to, the
R-A, PA-P and PR-R Districts, the identification of all abutting land
that has been assessed currently or within any of the three calendar
years preceding the application as qualified farmland under the NJ
Farmland Assessment Act, and the location within each subdivision lot of an agricultural buffer required under §
253-101. The location of an agricultural buffer shall not be required for any subdivision lot that is intended to be farmed and is five acres or more in area, or if farmland assessment on the adjacent lot has been terminated and rollback taxes have been imposed due to change of use of said adjacent land to a use other than agricultural or horticultural.
[27]
Such other information or data as may be required
by the reviewing board, reviewing engineer or administrative officer,
in order to determine that the proposed development is in accord with
the Master Plan and all applicable ordinances of Franklin Township.
[28] A listing of other required permits
from agencies having jurisdiction and the status of each permit required.
[Added 4-24-2007 by Ord. No. O-11-2007]
[29]
A Phase 1 environmental report shall be provided
for any proposed development.
(b)
In any case of any planned development, the
application for site plan review shall be accompanied by 15 copies
of all site plans and other documenting material. Prior to the determination
of completeness of the application for preliminary approval of any
planned development under the terms of this chapter, the reviewing
board administrative officer shall, insofar as possible, secure the
advice of the reviewing engineer and all other experts hired by the
reviewing board to review planned development applications concerning
the adequacy of plans submitted and the completeness of the submission.
In addition to the materials and data required in connection with
conventional site plan applications, as set forth above, an application
for planned development shall show or be accompanied by:
[1]
An open space management report setting forth
the form of organization proposed to own or maintain the common open
space. Information shall be provided establishing that the association
or other entity proposed to administer such common open space will
have adequate funding and a sufficient organization to properly maintain,
repair and replace such open space and its structures and facilities.
[2]
The use, approximate height and bulk of proposed
buildings and other structures.
[3]
Modification of existing municipal ordinance
requirements governing streets or ways or the use, density and location
of buildings or structures being requested.
[4]
The projected schedule for development and the
approximate times when final approvals will be requested.
[5]
A statement as to why the public interest would
be served by the proposed development.
(2) Final submission requirements. Site plans shall be
submitted for final approval in accordance with the provisions of
this chapter and shall contain or be accompanied by the information
indicated on the checklist adopted by the Township by ordinance, or in the absence of a checklist, the following:
(a)
Information and data contained in the submission
for preliminary approval. Final site plans shall be drawn to a scale
of not less than 50 feet to the inch.
(b)
Any site plan revisions, additional data or
revised documentation required by the reviewing board in its resolution
granting preliminary approvals.
(c)
Offer of dedication of streets or other public
ways and deeds for any public open space resulting from the preliminary
development approval.
(d)
Performance guarantees approved by the Municipal
Solicitor, as to form, and the Municipal Engineer, as to amount, sufficient
to ensure the satisfactory completion of improvements and facilities,
as required by the resolution of the reviewing board granting preliminary
approval. The developer's engineer shall submit a detailed engineer's
estimate for review and approval by the Municipal Engineer.
(e)
A statement from the Municipal Engineer that
adequate construction plans for all streets, drainage and other facilities
covered by the municipal standards are adequate and comply with municipal
standards.
(f)
All approvals from other agencies haying jurisdiction.
(g)
The following certifications shall appear on
the site plan:
Final Site Plan Approval granted on (insert
date) by the Franklin Township Planning Board (or Zoning Board of
Adjustment).
|
_____________________________________________________________
|
Chairman
|
Date
|
_____________________________________________________________
|
Secretary
|
Date
|
I hereby certify that the engineering conditions
imposed on this application for final site plan approval have been
met:
|
_____________________________________________________________
|
Board Engineer
|
Date
|
(3) Common open space documents. These documents shall
ensure the adequate organization and financial soundness of the association
or other entity proposed to own or maintain the common open space.
Such documents shall include:
(a)
Articles of incorporation for any homeowner's
association, condominium association or other organization to be established
to maintain the common open space.
(b)
A master deed or declaration of covenants and
restrictions detailing the rights and privileges of individual owners
and residents, restricting the use of the common open space and establishing
a system of fees assessed against individual owners. A proposed schedule
of membership fees for at least the first five years of operation
shall be provided.
(c)
Bylaws and membership rules and regulations
of any such organization defining the details of its organization
and operation.
(d)
The Board Solicitor must review and approve
the declaration of covenants and restrictions.
G. Requirement waivers.
(1) In the case of a particular application, the reviewing
board may waive any of the requirements or details specified to be
shown on the subdivision or site plan if the applicant can demonstrate
to the reviewing board's satisfaction that certain required site plan
data are not necessary to be shown in order for the reviewing board
to be able to determine clearly that all comprehensive plan proposals
and policies and all Franklin Township ordinance provisions will be
complied with by the proposed developer and that the proposed development
will have no deleterious effect on neighboring properties.
(2) Before waiving any application requirements, the reviewing
board shall, on the advice of its professional advisors, make a finding
that the development plan in question will provide sufficient materials
and information to assure the adequate protection of the health, safety
and public welfare of the people of Franklin Township.
[Added 2-13-2001 by Ord. No. O-1-2001]
A. Findings for planned developments. Prior to approval
of such planned developments, the Planning Board shall find the following
facts and conclusions.
(1)
That departures by the proposed development
from zoning regulations otherwise applicable to the subject property
conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65c;
(2)
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;
(3)
That provisions throughout 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;
(4)
That the proposed planned development will not
have an unreasonably adverse impact upon the area in which it is proposed
to be established;
(5)
In the case of a proposed development, which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and of
the residents, occupants and owners of the proposed development in
the total completion of the development are adequate.
B. Duration.
(1)
The general development plan 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 Planning
Board, notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.), or an ordinance or regulation adopted pursuant
thereto after the effective date of approval.
(2)
The term of the effect of the general development plan approval shall be determined by the Planning Board, using the guidelines set forth in Subsection
B(3) of this section, 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. The developer must obtain final approval of the first section of the planned development within five years of the date the developer received approval of the planned development or, upon the failure to obtain final approval of the first section within five years, the approval for the entire planned development shall expire. In the event of expiration of the approval, the conditional use shall be deemed terminated with respect to any portion of the planned development not yet constructed, and existing zoning requirements shall thereafter govern such portion not yet constructed. In the event of expiration of approval, the applicant's obligation to complete improvements secured by performance guarantees shall not be affected by such expiration.
(3)
In making its determination regarding the duration
of the effect of approval of the development plan, the Planning 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 Planning Board attaches to the approval
thereof.
C. Contents. A general development plan may include,
but not be limited to, the following:
(1)
A general land use plan, at a scale specified
by ordinance, indicating the tract area and general locations of the
land uses to be included in the planned development. The total number
of dwelling units and amount of nonresidential floor area to be provided
and proposed land area to be devoted to residential and nonresidential
use shall be set forth. In addition, the proposed types of nonresidential
uses to be included in the planned development shall be set forth
and the land area to be occupied by each proposed use shall be estimated.
The density and intensity of use of the entire planned development
shall be set forth and a residential density and a nonresidential
floor area ratio shall be provided.
(2)
A circulation plan showing the general location
and types of transportation facilities, including facilities for pedestrian
access within the planned development and any proposed improvements
to the existing transportation system outside the planned development.
(3)
An open space plan showing the proposed land
area and general location of parks and any other land areas to be
set aside for conservation and recreational purposes and a general
description of improvements proposed to be made thereon, including
a plan for the operation and maintenance of parks and recreational
lands.
(4)
A utility plan indicating the need for and showing
the proposed location of sewage and water lines; any drainage facilities
necessitated by the physical characteristics of the site; proposed
methods for handling solid waste disposal; and a plan for the operation
and maintenance of proposed utilities.
(5)
A stormwater management plan, setting forth
the proposed method of controlling and managing stormwater on the
site.
(6)
An environmental inventory, including a general
description of the vegetation, soils, topography, geology, surface
hydrology, climate and cultural resources of the site; existing man-made
structures or features; and the probable impact of the development
on the environmental attributes of the site.
(7)
A community facility plan, indicating the scope
and type of supporting community facilities, which may include but
not be limited to, educational or cultural facilities; historic sites;
libraries; hospitals, firehouses; and police stations.
(8)
A housing plan outlining the number of housing
units to be provided and the extent to which any housing obligation
assigned to the municipality pursuant to P.L. 1985, c. 222 (N.J.S.A.
52:27d-301 et seq.) will be fulfilled by the development.
(9)
A local service plan indicating those public
services which the applicant proposes to provide and which may include,
but not be limited to, water, sewer, cable and solid waste disposal.
(10)
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection
C(11) of this section and following the completion of the planned development in its entirety.
(11)
A proposed timing schedule, in the case of a
planned development whose construction is contemplated over a period
of years, including any terms or conditions which are intended to
protect the interests of the public and of the residents who occupy
any section of the planned development prior to the completion of
the development in its entirety.
(12)
A municipal development agreement, which shall
mean a written agreement between a municipality and a developer relating
to the planned development.
D. Approval procedure.
(1)
Any developer of a parcel of land greater than
100 acres in size, for which the developer is seeking approval of
a planned development, shall submit a general development plan to
the reviewing board prior to the granting of preliminary approval
of that development by the reviewing board.
(2)
The Planning 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.
E. Timing schedule; modification. In the event that the
developer seeks to modify the proposed timing schedule, such modification
shall require the approval of the Planning Board. The Planning 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; nonresidential
space within the municipality and the region; and the availability
and capacity of public facilities to accommodate the proposed development.
F. Variation in certain physical features; approval required.
(1)
Except as provided hereunder, the developer
shall be required to gain the prior approval of the Planning 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.
(2)
Any variation in the location of land uses or
increase in density or floor area ratio proposed in reaction to a
negative decision of, or condition of development approval imposed
by the Department of Environmental Protection pursuant to P.L. 1973,
c. 185 (N.J.S.A. 13:19-1 et seq.), shall be approved by the Planning
Board if the developer can demonstrate to the satisfaction of the
Planning Board that the variation being proposed is a direct result
of such determination by the Department of Environmental Protection,
as the case may be.
G. Amendments; approval required.
(1)
Except as provided hereunder, once a general
development plan has been approved by the Planning Board, it may be
amended or revised only upon application by the developer and approved
by the Planning Board.
(2)
A developer, without violating the terms of
the approval pursuant to this act, 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 P.L. 1985, c. 222
(N.J.S.A. 42:27D-301 et seq.) without prior municipal approval.
H. Completion of development sections.
(1)
Upon the completion of each section of the development,
as set forth in the approved general development plan, the developer
shall notify the administrative officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purpose of this section, completion of any section of
the development shall mean that the developer has acquired a certificate
of occupancy for every residential unit or every nonresidential structure,
as set forth in the approved general development plan and pursuant
to section 15 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-133). If the municipality
does not receive such notification at the completion of any section
of the development, the municipality shall notify the developer, by
certified mail, in order to determine whether or not the terms of
the approved plan are being complied with. If a developer does not
complete any section of the development within eight months of the
date provided for in the approved plan, or if, at any time, the municipality
has cause to believe that the developer is not fulfilling his obligations
pursuant to the approved plan, the municipality shall notify the developer,
by certified mail, and the developer shall have 10 days within which
to give evidence that he is fulfilling his obligations pursuant to
the approved plan. The municipality thereafter shall conduct a hearing
to determine whether or not the developer is in violation of the approved
plan. If, after such a hearing, the municipality finds good cause
to terminate the approval, it shall provide written notice of same
to the developer and the approval shall be terminated 30 days thereafter.
(2)
In the event that a developer, who has general
development plan approval, does not apply for preliminary approval
for the planned development which is the subject of that general development
plan approval within five years of the date upon which the general
development plan has been approved by the Planning Board, the municipality
shall have cause to terminate the approval.
I. Termination of general development approval. 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.
[Amended 2-13-2001 by Ord. No. O-1-2001]
A. Determination of a complete application.
(1) Within 45 days of the submission of an application for development pursuant to Subsections
B,
C and
D (below) the reviewing board or its authorized committee or designee shall certify in writing if the application is complete for the purposes of commencing the applicable time period for review specified in Subsections
B,
C and
D. In the event that the reviewing board, committee or designee does not act to issue a certification within the forty-five-day time period, the application shall automatically be deemed complete for review. 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.
(2) An application shall not be certified as complete
if it lacks information indicated on the checklist adopted by the
Township by ordinance and provided to the applicant along with the development
application forms.
(3) The applicant may include with their application a
request to waive one or more of the required checklist items that
shall be granted or denied with 45 days.
(4) The reviewing 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 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 required by the reviewing board.
B. Site plans.
(1) Upon the submission to the Secretary of the reviewing board of a complete application for a site plan for 10 acres of land or less, the reviewing board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to §
253-26 of this chapter, the reviewing board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the reviewing board or within such further time as may be consented to by the applicant.
(2) Upon the submission of a complete application for
a site plan of more than 10 acres or for a conditional use approval,
the reviewing board shall grant or deny preliminary approval of the
site plan and/or approval of the conditional use within 95 days of
the date of such submission or within such further time as may be
consented to by the applicant.
C. Subdivisions.
(1) Upon the submission to the Secretary of the reviewing board of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in §
253-3 of this chapter, the reviewing board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for subdivision approval also involves an application for relief pursuant to §
253-26 of this chapter, the reviewing board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Secretary of the reviewing board or within such further time as may be consented to by the applicant.
(2) Upon the submission of a complete application for
a subdivision of more than 10 lots, the reviewing board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
D. Failure of the reviewing board to reach a decision
within the specified time periods or extensions thereof shall result
in the approval of the subdivision and/or site plan and/or conditional
use as submitted.
E. The reviewing board may waive site plan approval requirements
if the construction or alteration or change of occupancy or use does
not affect existing circulation, drainage, relationships of buildings
to each other, landscaping, buffering, lighting and other considerations
of site plan review.
F. If the reviewing board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of a hearing, an amended application for development
shall be submitted and proceeded upon, as in the case of the original
application for development. The reviewing board shall, if the proposed
development complies with this chapter, grant preliminary subdivision
or site plan approval.
G. Nothing herein shall be construed to limit the right
of a developer to submit a sketch plat to the reviewing board for
informal review, and neither the reviewing board nor the developer
shall be bound by any discussions or statements made during such review,
provided that the right of the developer at any time to submit a complete
application for subdivision or site plan approval shall not be limited
by his submission of a sketch plat, and the time for the reviewing
board's decision shall not begin to run until the submission of a
complete application.
A public hearing shall be held on all applications
for site plan approval involving uses which, on the submitted complete
application for preliminary approval, show five or more off-street
parking areas. A public hearing is not required for all other site
plan applications.
[Amended 2-13-2001 by Ord. No. O-1-2001]
A. Before recording of final subdivision plats, or as
a condition of final site plan approval or as a condition to the issuance
of a zoning permit pursuant to N.J.S.A. 40:55D-65, the approving authority
may require and shall accept in accordance with standards adopted
by this chapter for the purpose of assuring the installation and maintenance
of on-tract improvements:
(1) The furnishing of a performance guaranty in favor
of the township in an amount not to exceed 120% of the cost of installation
which cost shall be determined by the Municipal Engineer according
to the method of calculation set forth in N.J.S.A. 40:54D-53.4 for
improvements it may deem necessary or appropriate, including streets,
grading, pavement, gutters, curbs, sidewalks, streetlighting, shade
trees, surveyor's monuments, as shown on the final map and required
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.),
water mains, culverts, storm sewers, sanitary sewers or other means
of sewage disposal, drainage structures, erosion control and sedimentation
control devices, public improvements or open space and, in the case
of site plans only, other on-site improvements and landscaping. The
performance guarantee shall run for a period of two years from the
date of receipt by the Township or one year from the date of issuance
of the first construction permit in the development or phase thereof,
whichever occurs first. The Township Engineer shall prepare an itemized
cost estimate of the improvements covered by the performance guarantee,
which itemized cost estimate shall be appended to each performance
guarantee posted by the obligor.
(2) Provisions for a maintenance guaranty to be posted
with the Township Committee for a period not to exceed two years after
final acceptance of the improvement, in an amount not to exceed 15%
of the cost of the improvement, which cost shall be determined by
the Municipal Engineer according to the method of calculation set
forth in N.J.S.A. 40:54D-53.4. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by a performance or
maintenance guaranty to another governmental agency, no performance
of maintenance guaranty, as the case may be, shall be required for
such utilities or improvements.
B. The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as a part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of installation, which cost shall be determined by
the Municipal Engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4 as of the time of passage of the resolution.
C. If the required improvements are not completed or
corrected in accordance with the performance guarantee, the obligor
and surety, if any, shall be liable thereon to the municipality for
the reasonable cost of the improvements not completed or corrected,
and the municipality may either prior to or after the receipt of the
proceeds thereof complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts Law.
D. List of improvements.
(1) Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Township Committee in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection
A of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgement of the obligor. Thereupon the Municipal Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Committee, and shall simultaneously send a copy thereof to the obligor not later than 45 days after the receipt of the obligor's request.
(2) The list prepared by the Municipal Engineer shall state in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, or remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection
A of this section.
E. Approval or rejection of improvements.
(1) The Township Committee, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection (A) of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements. For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection
A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved improvements would exceed 70% of the total amount of the performance guarantee, the Township may retain 30% of the amount of the total performance guarantee to ensure completion and acceptability of all improvements, as provided above.
(2) If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection
D of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney fees, may be awarded to the prevailing party. If the Township Committee fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection
A of this section, and the cost of applying to the court, including reasonable attorney fees, as may be awarded to the prevailing party.
(3) In the event that the obligor has made a cash deposit
with the Township as part of the performance guarantee, then any partial
reduction granted in the performance guarantee pursuant to this subsection
shall be applied to the cash deposit in the same proportion as the
original cash deposit bears to the full amount of the performance
guarantee.
F. If any portion of the required improvements is rejected,
the approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section, shall be followed.
G. Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the Township Committee or the Township Engineer.
H. The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the Township Engineer for the foregoing
inspection of improvements; provided that the Township may require
of the developer a deposit for the inspection fees in an amount not
to exceed, except for extraordinary circumstances, the greater of
$500 or 5% of the cost of improvements, which cost shall be determined
pursuant to N.J.S.A. 40:55D-53.4. For those developments for which
the reasonably anticipated fees are less than $10,000 fees may, at
the option of the developer, be paid in two installments. The initial
amount deposited by a developer shall be 50% of the reasonably anticipated
fees. When the balance on deposit drops to 10% of the reasonably anticipated
fees because the amount deposited by the developer has been reduced
by the amount paid to the Municipal Engineer for inspection, the developer
shall deposit the remaining 50% of the anticipated inspection fees.
For those developments for which the reasonably anticipated fees are
$10,000 or greater, fees may, at the option of the developer, be paid
in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the initial
amount deposited by a developer drops to 10% of the reasonable anticipated
fees because the amount deposited by the developer has been reduced
by the amount paid to the Municipal Engineer for inspection, the developer
shall make additional deposits of 25% of reasonably anticipated fees.
The Municipal Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit.
I. In the event that final approval is by stages or sections
of development pursuant to Subsection a of N.J.S.A. 40:55D-38, the
provisions of this section shall be applied by stage or section.
J. To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection
A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Municipal Engineer.
[Amended 7-10-1990 by Ord. No. O-13-90; 2-13-2001 by Ord. No. O-1-2001]
A. The reviewing board shall waive notice and public hearing for an application for development if the Subdivision Committee of the reviewing board, appointed by the Chairman, finds that the application for development conforms to the definition of "minor subdivision" in §
253-3 of this chapter, and provided further that said application does not contain more than three lots in total. Minor subdivision approval shall be deemed to be final approval of the subdivision by the board.
B. Minor subdivision approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the Secretary of the reviewing board or within such further time
as may be consented to by the applicant. Failure of the reviewing
board to act within the period prescribed shall constitute minor subdivision
approval, and a certificate of the Secretary of the reviewing board
as to the failure of the reviewing 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 county recording officer for purposes
of filing subdivision plats.
C. Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, the Township
reviewing 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 by the County Planning Board by its failure to report
thereon within the required time period.
D. Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law, P.L. 1960, c. 141,or a deed clearly describing the approved minor subdivision
is filed by the developer with the county recording officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed accepted
for such filing shall have been signed by the Chairman and Secretary
of the reviewing board. In reviewing the application for development
for a proposed minor subdivision, the reviewing board may accept a
plat not in conformity with the Map Filing Law, provided that if the
developer chooses to file the minor subdivision as provided herein
by plat rather than deed, such plat shall conform to the provisions
of said act.
E. The zoning district 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 herein.
F. The reviewing board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection
C of this section if the developer proves to the reasonable satisfaction of the Planning 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 or quasigovernmental entities; and that the developer applied promptly for and diligently pursued these 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 Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
G. The reviewing board shall grant an extension of minor
subdivision approval for a period determined by the board not to exceed
one year from what would otherwise be the expiration date if the developer
proves to the reasonable satisfaction of the reviewing 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 or quasigovernmental
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 minor subdivision
approval or the 91st day after the developer receives the last legally
required approval from other governmental entities, whichever occurs
later.
[Added 8-10-1982 by Ord. No. O-17-82]
In the Pinelands Area, the procedures and application requirements of Article
VII of this chapter shall also apply.