Aberdeen Township City Zoning Code
§ 25-8.4
Submission of Preliminary Major Subdivision Plats and Preliminary Major Site Plans.
[Ord. No. 10-1987; Ord. No. 20-1990; Ord. No. 11-2002 §§ 6-11]
a.
Procedure for Submitting Preliminary Major Subdivision Plats and Preliminary Major Site Plans. The applicant shall submit to the Administrative Officer at least fourteen (14) days prior to the second Wednesday of the month: twenty (20) copies of the preliminary plat or preliminary plan; twenty (20) completed copies of the appropriate applications which includes the checklist(s)[1] pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; twenty (20) copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; and a fee in accordance with Section 25-9 of this chapter. The application shall contain an acknowledgment signed by the applicant, stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
[1]
Editor's Note: The checklist referred to herein is included as an attachment to this chapter.
b.
Details Required for Preliminary Major Subdivision Plats and Preliminary Major Site Plans. Each preliminary plat or preliminary plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less than 1" equals 100' and shall be submitted on one of four of the following standard sheet sizes (8 1/2" x 13"; 15" x 21"; 24" x 36"; 30" x 42"). If one sheet is not sufficient to contain the entire tract, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
Each preliminary plat or plan shall show the following information, as appropriate to a subdivision plat or site plan, unless the municipal agency determines and so notifies the applicant that such information either is unnecessary or inapplicable to the particular subdivision or development plan:
1.
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one (1) inch equals not more than two thousand (2,000) feet;
2.
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Aberdeen Township, Monmouth County;
(b)
Name, title, address and telephone number of subdivider or developer;
(c)
Name, title, address and license number of the professional or professionals who prepared the plat or plan;
(d)
Name, title and address of the owner or owners of record;
(e)
Scale (written and graphic); and
(f)
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
3.
North arrow;
4.
Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement;
6.
Acreage to the nearest tenth of an acre and a computation of the area of the tract to be disturbed;
7.
The names and lot and block numbers of all property owners within two hundred (200) feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor;
8.
Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot numbers as provided by the Township Tax Assessor upon written request;
9.
Tract boundary line (heavy solid line);
10.
Zoning districts, including district names and requirements, and a comparison to the application;
11.
The locations and dimensions of existing and proposed bridges and the location of natural features such as wooded areas, and any extensive rock formations, both within the tract and within two hundred (200) feet of its boundaries;
12.
The location and species associations of all existing individual trees or groups of trees having a caliper of eight (8) inches or more measured three (3) feet above the ground level shall be shown within the portion(s) of the tract to be disturbed as a result of the proposed development. The proposed location of all proposed plantings also shall be indicated and a legend provided listing the botanical and common names, the sizes at time of planting, the total quantity of each plant, and the location of each plant keyed to the plan or plat.
13.
Delineation of flood plains, including both floodway and flood fringe areas, wetlands and hydric soil lands; within the tract and within one hundred (100) feet thereof.
14.
All existing and proposed water courses (including lakes and ponds) shall be shown and accompanied by the following information:
(a)
When a stream is proposed for alteration, improvement or relocation or where a drainage structure or fill is proposed over, under, in or along a running stream, a report on the status of review by the State Department of Environmental Protection, Division of Water Resources, shall accompany the submission;
(b)
Cross-sections of water courses and/or drainage swales at an approximate scale showing the extent of the flood plain, top of bank, normal water levels and bottom elevations at the following locations, where appropriate:
(1)
At any point where a water course crosses a boundary of the tract.
(2)
At one hundred (100) foot intervals up to five hundred (500) feet upstream and downstream of any point of juncture of two (2) or more water courses within the tract.
(3)
At one hundred (100) foot intervals for a distance of five hundred (500) feet upstream and downstream of any proposed and/or existing culvert or bridge within the tract.
(4)
At a maximum of one hundred (100) foot intervals, but not less than two (2) locations, along each water course which runs through or within a distance prescribed by the Township Engineer.
(5)
When ditches, swales, streams or water courses are to be altered, and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown.
(6)
The delineation of the floodways and flood fringe areas of all water courses within or adjacent to the tract.
(c)
The total acreage of the drainage basin of any water course running through the tract;
(d)
The location and extent of drainage and conservation easements and stream encroachment lines;
(e)
The location, extent and water level evaluation of all existing or proposed lakes or ponds within the tract and within two hundred (200) feet of the tract.
15.
Existing and proposed contours with intervals of one (1) foot where slopes are less than two (2%) percent with intervals of two (2) feet where slopes are between two (2%) percent and fifteen (15%) percent; and with intervals of five (5) feet where slopes exceed fifteen (15%) percent. All contour information shall refer to a known datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line. Lands with a topographic slope fifteen (15%) percent or greater shall be shaded.
16.
Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.
17.
Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, an indication of whether the existing structures and uses will be retained or removed, and a specific identification of any family burial grounds and buildings more than fifty (50) years old, both within the tract and within two hundred (200) feet of its boundary.
18.
Size, height and location of all proposed buildings, structures, signs and lighting facilities.
19.
All dimensions necessary to confirm conformity to the chapter such as the size of the tract and any proposed lot(s), structure setbacks, structure heights, yards and floor area ratios. All tract and lot sizes shall be expressed in acres and square feet and shall include bearings and distances.
20.
The proposed location, direction of illumination, power and type of proposed outdoor lighting including details of lighting poles and luminaries.
21.
The proposed screening, buffering and landscaping, including a landscaping plan:
(a)
Buffer zones are required along lot and street lines of all nonresidential lots where said property lines or the centerline of adjacent streets abut residential uses or residential zoning district lines. Each permitted use shall provide landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular district shall be as prescribed in Section 25-4. Buffer areas shall be measured horizontally and at right angles to either a straight lot line or street line or the tangent lines of curved lots or street lines.
Buffer areas may be existing vegetation or newly planted material and shall be maintained and kept clear of all debris and rubbish. No above surface structure or activity or the storage of materials or parking of vehicles shall be permitted in the buffer area. Newly proposed buffer areas shall be planted and maintained with grass or ground cover together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:
(1)
Plant materials used in screen plantings shall be at least six (6) feet in height when planted and shall be of such density as determined appropriate for the activities involved. The plant materials shall be of a species common to the area, be of nursery stock and shall be free of insect and disease.
(2)
Buffer areas shall be permanently maintained and plant material which does not live shall be replaced by the owner within two (2) years or two (2) growing seasons.
(3)
The screen planting shall be so placed that at maturity the plant material will be no closer than three (3) feet from any street or property line.
(4)
The buffer area shall not be broken unless specifically approved by the Board.
(b)
Landscaping in parking areas shall be specified in accordance with the provisions of subsection 25-5.12g of this chapter.
(c)
The Board, at its discretion, may consult with a landscape architect regarding the appropriateness of the landscaping plan as it relates to the physical characteristics of the site.
22.
The location and design of any off-street parking area, showing size and location of bays, aisles and barriers.
23.
All means of vehicular access and egress to and from the site onto public streets, showing the site and the location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation.
24.
The application shall include plans and computations for any storm drainage system including the following:
(a)
All existing or proposed storm sewer lines within or adjacent to the tract showing size and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
(b)
The location and extent of any proposed ground water recharge basins, detention basins or other water or soil conservation or drainage devices, with cross sections every fifty (50) feet at right angles to the long access of the basin, each extending seventy-five (75) feet beyond the top of the rim of the basin on each side.
(c)
A map drawn to scale (minimum scale 1" = 100') showing the contributing area to each inlet or cross drain.
(d)
A weighted run-off coefficient for each drainage area shall be determined for use in the computations.
25.
The location of existing structures such as water and sewer mains, utility structures, gas transmission lines and high tension power lines on the tract and within two hundred (200) feet of its boundaries.
26.
Plans of proposed improvements and utility layouts including sewers, storm drains and water lines and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all Township, County, State and Federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-lot water or sewage disposal is proposed, the plan for such systems shall be approved for each lot by the appropriate Township and State agencies and the result of percolation tests and soil log data, completed in accordance with the requirements and conditions prescribed by the Township Department of Health, shall be indicated on the plat or plan or submitted in an accompanying report.
27.
Plans, typical cross sections and construction details, horizontal and vertical alignments of the centerline of all proposed streets and of all existing streets abutting the tract. The vertical alignments shall be based on U.S.G.S. vertical datum or a more specified datum supplied by the Township Engineer, including curbing, sidewalks, storm drains, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.
28.
Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.
29.
The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited, and the manner in which the easements will be controlled.
30.
The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9.
31.
Certificate from the Township Tax Collector that all taxes and assessments are paid to date.
32.
In the case of any subdivision or site plan submission of a planned development, the applicant shall be required to submit all of the required information for all of the properties comprising the planned development, regardless of whether the applicant is seeking approval of the whole or a section of the planned development; specifically, the applicant shall be required to show the interrelationship of each portion of the project with the whole of the project considering land use, traffic, open space, buffering, drainage and surface water management, sewerage, potable water supply and any other specific planning considerations as may be of particular relevance to a particular planned development.
33.
The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and the surrounding area. Such information shall include, but not be limited to, drainage calculations and traffic analyses, provided however, that no application shall be declared incomplete for the lack of such additional information.
34.
Provisions for the separation and storage of recyclable materials.
c.
Environmental Impact Statement.
1.
General Provisions. The impact on the environment generated by land development projects necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site, the location of the project and the information already in the possession of the Township. Therefore, having determined that some flexibility is needed in preparing the Environmental Impact Statement, the requirements for such a document pertaining to different types of development applications are listed below:
(a)
All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silviculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the Environmental Impact Statement requirements.
(b)
Any variance applications to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an Environmental Impact Statement unless specifically requested by the Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required.
(c)
Any application for subdivision approval where ten (10) lots or less are involved and all applications for minor site plan approval, either to the Planning Board or to the Zoning Board of Adjustment, as the case may be, shall not require an Environmental Impact Statement unless specifically requested by the Board.
(d)
All preliminary major subdivision applications where more than ten (10) lots are involved and/or all preliminary major site plan applications shall be accompanied by an Environmental Impact Statement.
(e)
Any application requiring an Environmental Impact Statement shall also require the submission of a Phase I Environmental Assessment (ASTM 1527)/Preliminary Assessment (N.J.A.C. 7:26E).
2.
Submission Format. When an Environmental Impact Statement is required, the applicant shall retain one (1) or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts shall also be considered including the Township Master Plan. Furthermore, as much original research as necessary shall be conducted to develop the Environmental Impact Statement. All Environmental Impact Statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:
(a)
Project description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:
(b)
Site description and inventory. Provide a description of environmental conditions on the site which shall include the following items:
(1)
Types of soils. List and describe each soil type on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations relative to the type of project proposed, a complete mapping of all soil types where the moderate and severe limitations exist. Delineate on preliminary/final construction plans where acid producing deposits, as defined within the document entitled "Technical Manual for Land Use Regulation Program, Bureaus of Inland and Coastal Regulations, Stream Encroachment Permits, Section 2.5, will be exposed during construction.
(2)
Topography. Describe the topographic conditions on the site.
(3)
Geology. Describe the geologic formation and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is within two (2) feet of the surface as well as major rock outcroppings.
(4)
Vegetation. Describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated. In addition to the requirements in subsection 25-5.10 of the chapter, identify the location of specimen trees within the site. Specimen trees are defined as those trees that have a diameter or circumference of eighty (80%) percent of the State record for the individual species.
(5)
Wildlife. Identify and describe any unique habitats of endangered or protected species. Conduct a New Jersey Department of Environmental Protection Natural Heritage Program Data Base search as to the possible presence of threatened or endangered species on site.
(6)
Subsurface water. Describe the subsurface water conditions on the site both in terms of depth to ground water and water supply capabilities. The location, depth, capacity and water quality of all existing water wells on the site and within five hundred (500) feet of the site shall be indicated. Applicants shall evaluate soil profile pits under the witness of a representative of the Township Engineer's Office to determine soil condition and depth to the seasonal high water table. At a minimum, the number of profile pit evaluations shall be determined by the following:
(i)
One (1) soil profile pit per three (3) acres of area proposed for development for site plans or subdivisions that propose up to twenty (20) acres of land disturbance, and add one (1) profile pit per five (5) acres of developed area for site plans or subdivisions proposing in excess of twenty (20) acres of land disturbance.
(ii)
In addition to the frequency of soil profile pit evaluations required above, two (2) soil profile pits shall be evaluated in each stormwater detention or retention basin.
The depth to the seasonal high water table shall be based upon mottling. The profile pits shall be excavated to a depth of three (3) feet beyond the lowest floor elevation of any proposed building, dwelling, and to six (6) feet below the bottom of a stormwater management facility. A minimum separation of twenty-four (24) inches shall be maintained between the lowest floor elevation of any building, dwelling and from detention/retention basin bottoms.
(7)
Distinctive scenic and/or historic features. Describe and map those portions of the site that can be considered to have distinctive scenic and/or historic qualities. Conduct a data base search from the State Historic Preservation Office as to the presence/absence of historic or archeologic sites on or adjacent to the site.
(8)
Existing development features. Describe any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, driveway accesses, housing units, accessory structures, utility lines, etc.
(9)
Miscellaneous. When warranted, an analysis should be conducted of existing air quality and noise levels as prescribed by the New Jersey State Department of Environmental Protection.
(c)
Impact. Discuss both the adverse and positive impacts during and after construction. Indicate those adverse impacts that are unavoidable. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where possible and necessary:
(1)
Soil erosion and sedimentation resulting from surface run-off.
(2)
Flooding and flood plain disruption.
(3)
Degradation of surface water quality.
(4)
Ground water pollution.
(5)
Reduction of ground water capabilities.
(6)
Sewage disposal.
(7)
Solid waste disposal.
(8)
Vegetation destruction.
(9)
Disruption of wildlife habitats of endangered and protected species.
(10)
Destruction or degradation of scenic and historic features.
(11)
Air quality degradation.
(12)
Noise levels.
(13)
Energy utilization.
(d)
Environmental performance controls. Describe what measures will be employed during the planning, construction and operation phases which will minimize or eliminate adverse impacts that could result from the proposed project. Of specific interest are:
(e)
Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Township, as well as agencies of the County, State and Federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
(f)
Documentation. All publications, file reports, manuscripts or other written sources of information which were first consulted and employed in compilation of the Environmental Impact Statement shall be listed. A list of all agencies and individuals from whom all pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
3.
Disposition by the Board. The Board shall review the information furnished in the Environmental Impact Statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help insure that the proposed development will cause no reasonably avoidable damage to any environmental resource.
d.
Traffic Impact Statement.
1.
General Provisions. The impact on the existing road systems generated by land development necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. Therefore, all preliminary major subdivision applications involving more than ten (10) lots and/or all preliminary major site plan applications shall be accompanied by a Traffic Impact Statement unless specifically waived by the Board. Any application for subdivision approval where less than ten (10) lots are involved and all applications for minor site plan approval, either before the Planning Board or Board of Adjustment, as the case may be, shall not require a Traffic Impact Statement unless specifically requested by the Board.
The Board may waive the requirement for a Traffic Impact Statement totally or partially only if sufficient evidence is submitted to the Board indicating that the proposed project will have a negligible traffic impact, or, alternatively, that a complete report need not be prepared and submitted in order to evaluate adequately the specific traffic impact to be generated by the proposed development. The burden of demonstrating the exceptions hereinabove shall at all times rest with the applicant, who must affirmatively demonstrate to the Board the basis for the waiver request.
2.
Contents of Report. The Traffic Impact Statement shall contain the following information:
(a)
Projections of traffic to be generated by the proposed development for average daily, morning peak hour(s), afternoon peak hour(s), and any other peak traffic condition deemed applicable as a result of the type and/or location of the proposed generator. Traffic generation rates should be based upon local indices, where available, or rates promulgated by the Institute of Transportation Engineers, where local indices are not available. All rates should be documented in the report. Also, the method and data base upon which traffic approach route distributions are based shall be fully documented. Any assumptions regarding the diversion of existing traffic to alternative routes should be clearly specified in the report.
(b)
The report shall contain documentation of existing conditions on adjacent streets serving immediate site access/egress, including roadway pavement width, rights-of-way, curb parking conditions, sight visibility, grade and curvatures of roadway and traffic control devices. Existing traffic volumes or average daily and peak hour conditions shall be presented with the source of data denoted.
(c)
Assessment of the traffic impact of the proposed development shall be provided, including estimates of levels of services. In preparing these estimates, assumptions regarding the annual growth rate of existing traffic should be fully documented. Capacity determination should be based upon normally accepted standards, with the basis of these estimates clearly indicated. All substantial applications for development, both within Aberdeen Township and neighboring municipalities, which recently have been built, are under construction, have been approved for construction, or are being considered for approval shall be factored in the analysis. In the event the project is staged over a period of time, independent estimates for each stage shall be provided.
(d)
In the event that roadway deficiencies are identified for existing and/or future conditions, specific recommendations for the resolution of these problems shall be addressed in the report. The report shall contain a listing of any and all actions to be undertaken by the applicant to resolve or minimize traffic problems and, as such, shall be considered a firm offer by the applicant to undertake such actions, subject to approval by the Board.
(e)
Any alteration or amendment to the development application which would substantially alter specific land uses, site acreage, building floor area, highway access design or other feature which could cause a significant change in traffic generation rates shall require the submission of a revised Traffic Impact Statement.
(f)
In situations where State or County highways are adjacent to and/or potentially impacted by the proposed project, a copy of the report shall be provided to the Commissioner of Transportation, New Jersey Department of Transportation for State highways, and/or to the Monmouth County Department of Transportation for County highways for their review and comment.
3.
Disposition by the Board. The Board shall review the information furnished in the Traffic Impact Statement in the context of the overall design of the proposed development and the traffic impact of the proposed development on the affected road system. The information is to be used solely to determine whether or not the proposed development will create any negative impact(s) upon the roadway system, adjacent properties, or the zone plan of the municipality. The Traffic Impact Statement may be forwarded to a Township Traffic Consultant for review and comment.
e.
Action by the Township.
1.
The Application Review Committee shall review the major subdivision or major site plan application for the purpose of determining, within forty-five (45) days of its submission, whether said application is complete. Thereafter:
(a)
If said application is found to contain all of the information required by subsections 25-8.4b, 25-8.4c and 25-8.4d of this chapter, the Application Review Committee shall recommend to the Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, that said application is complete. The Subdivision Committee, Site Plan Committee or Zoning Board of Adjustment, as the case may be, shall review said application at its next regularly scheduled meeting and shall certify the application complete within forty-five (45) days of its submission, upon concurrence with the Application Review Committee's recommendation for completeness. If the application is found not to be complete, then the Subdivision Committee, Site Plan Committee or Zoning Board of Adjustment, as the case may be, shall notify the applicant according to the procedure in subsection 25-8.4e1(b).
(b)
If said application is found to lack some of the information required by subsections 25-8.4b, 25-8.4c or 25-8.4d of this chapter, said Application Review Committee shall either:
(1)
Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or
(2)
If the Application Review Committee reasonably concludes that the missing items of information are necessary to make an informed decision on the application, but are not of such significance to cause the application to be deemed incomplete, said Application Review Committee may recommend to the Subdivision Committee, Site Plan Committee or Zoning Board of Adjustment, as the case may be, the application complete, conditioned upon the submission of the missing items of information to the Administrative Officer within ten (10) days; or
(3)
If the Application Review Committee reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Application Review Committee may recommend to the Subdivision Committee, Site Plan Committee or Zoning Board of Adjustment, as the case may be, waiving the requirement that said items be supplied as a prerequisite for completeness and certifying that the application is complete notwithstanding the missing items.
(d)
In the event the Application Review Committee, Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, fails to act pursuant to subsections 25-8.4e1(b)(1), 25-8.4e1(b)(2) or 25-8.4e1(b)(3), hereinabove within forty-five (45) days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth (46th) day following its submission.
2.
On the date the aforesaid application is certified complete, or on the forty-sixth (46th) day following the submission of the application, in the event the Application Review Committee, Subdivision Committee, Site Plan Committee or Zoning Board of Adjustment, as the case may be, fails to make a determination of completeness, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Subdivision Committee, Site Plan Committee or either Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this Ordinance, and/or may require revisions in the application documents; as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions. Such revisions or information shall be submitted to the Administrative Officer ten (10) days prior to the next meeting for which the application is scheduled.
3.
Promptly after recommendation of completeness by the Application Review Committee, the application documents shall be distributed by the Administrative Officer to the following:
(a)
The Planning Board or the Zoning Board of Adjustment, as the case may be, (nine (9) copies of the preliminary plat or plan and nine (9) copies of the application and any protective covenants or deed restrictions);
(b)
Subdivision Committee or Site Plan Committee, as the case may be, (one (1) copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);
(c)
Township Fire Subcode Official (one (1) copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);
(d)
Township Manager (one (1) copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);
(e)
Township Engineer (one (1) copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);
(f)
Township Planner (one (1) copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);
(g)
Township Safety Officer (one (1) copy of the preliminary plat or plan);
(h)
Zoning Officer (one (1) copy of the preliminary plat or plan);
(i)
Township Department of Health (one (1) copy of the preliminary plat or plan);
(j)
Township Environmental Commission (one (1) copy of the preliminary plat or plan);
(k)
Township Tax Assessor (one (1) copy of the preliminary plat or plan);
(l)
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the preliminary plat or plan shall be sent to other Township, County or State agencies as may be designated by the Board.
4.
The Subdivision Committee or Site Plan Committee, as the case may be, shall read any written report submitted concerning the application and shall itself review the submission to ascertain its conformity with the requirements of this Ordinance. The Subdivision Committee or Site Plan Committee, as the case may be, shall offer its recommendations to the Board.
5.
The Planning Board shall take action on a preliminary major site plan application involving ten (10) acres of land or less and ten (10) dwelling units or less and/or a preliminary major subdivision application involving ten (10) lots or less within forty-five (45) days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and subsection 25-8.1a2 of this section shall be acted upon within one hundred twenty (120) days or within such further time as may be consented to by the applicant.
6.
The Planning Board shall take action on a preliminary major site plan application involving more than ten (10) acres of land or more than ten (10) dwellings and/or a preliminary major subdivision application involving more than ten (10) lots within ninety-five (95) days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and subsection 25-8.1a2 of this section shall be acted upon within one hundred twenty (120) days or within such further time as may be consented to by the applicant.
7.
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction as prescribed in subsections 25-8.4e4 and 25-8.4e5 hereinabove in cases where the applicant has requested a "use" variance in accordance with N.J.S.A. 40:55D-70d and subsection 25-7.2d of this section. All aspects of the application shall be acted upon within one hundred twenty (120) days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
8.
Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to mitigate any adverse effect(s) prior to further review or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect and will comply with the chapter.
9.
In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Section 25-6 of this section pursuant to N.J.S.A. 40:55D-65c.
(b)
That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are adequate;
(c)
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
(d)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
10.
All hearings held on applications for preliminary major subdivision approval and preliminary major site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least fourteen (14) days prior to said hearing date. Notice of the hearing shall be given by the applicant at least ten (10) days prior to the date of the hearing. (See subsection 25-7.6d.)
11.
The recommendation of those agencies and officials to whom the preliminary plat or plan was forwarded shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least ten (10) copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.
12.
Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within thirty (30) days from the date of said approval. Should substantial revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.
13.
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with subsection 25-7.6f of this Ordinance setting forth the reasons for such rejection. One (1) copy of the plat or plan and said resolution shall be returned to the applicant within ten (10) days of the adoption of said resolution.
f.
Effect of Preliminary Approval.
1.
Preliminary approval shall confer upon the applicant the following rights for a three (3) year period from the date of preliminary approval:
(a)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to: use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval; except that nothing therein shall be construed to prevent the municipality from modifying by Ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
(b)
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 plat or plan; and
(c)
That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one (1) year, but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by Ordinance, such revised standards may govern.
2.
In the case of a subdivision or of a site plan for an area fifty (50) acres or more, the Planning Board may grant the rights referred to in subsection 25-8.4f1 hereinabove for such period of time, longer than three (3) years, as shall be determined by the Board to be reasonable taking into consideration:
3.
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:
(a)
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
(b)
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
(c)
Economic conditions; and
(d)
The comprehensiveness of the development;
(e)
Provided that if the design standards have been revised by Ordinance, such revised standards may govern.