Bloomfield City Zoning Code
ARTICLE III
Application Requirements and Development Procedures
§ 315-12 Completeness requirements in general.
A.
Content. Each application for approval of a minor subdivision, minor site plan, preliminary major subdivision, preliminary site plan, final major subdivision or final site plan, as the case may be, and each application for variance relief, shall include all information and data listed in the appropriate corresponding checklist as set forth at the end of this chapter.
B.
Complete application. The municipal agency or its authorized committee or designee (herein called the "municipal agency") shall review all applications and accompanying documents required by this chapter to determine that the application is complete. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency. In the event that the municipal agency does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless: the application lacks information indicated on the checklist for such application and the municipal agency has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more submission requirements be waived, in which event the agency shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that they are entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the checklist or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
§ 315-13 Informal review.
A.
Right to request informal review. Prior to the submittal of an application for development, the applicant may request an informal review before the Planning Board in order to:
(1)
Acquaint the applicant with the substantive and procedural requirements of the subdivision and site plan ordinance.
(2)
Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, this chapter and other development requirements.
(3)
Advise the applicant of any public sources of information that may aid the application.
(4)
Identify policies and regulations that create opportunities or pose significant constraints for the proposed development.
(5)
Consider opportunities to increase development benefits and mitigate undesirable project consequences.
(6)
Permit input into the general design of the project.
B.
Documents and fees to be submitted. Applicants seeking review of a concept plan shall provide 15 copies of the plan and one copy of the completed application and the required application and escrow fees to the Board Secretary at least 14 days before a regularly scheduled meeting of the Board.
C.
Nature of concept plan. The concept plan is a general plan that need not be fully engineered. The plan or plat should be sufficiently detailed to allow the Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers, building arrangements and to determine how the proposal meets the Township's development goals and objectives.
D.
Effect of informal review. Neither the applicant nor the Board is bound by any concept plan or informal review. The amount of any fees for such informal review shall be a credit toward fees for review of the application for development.
§ 315-14 When site plan or subdivision approval required.
A.
Uses and activities requiring site plan approval. The development of any land in the Township shall require Board review and approval as either a minor or major site plan, except: subdivision and individual lot applications for detached one- or two-dwelling-unit buildings; nonstructural alterations to a facade of a building; or construction work found by the Zoning Officer to constitute ordinary repairs.
B.
Waiver of site plan approval.
(1)
By Planning Board. The Board may waive the requirement for site plan approval where the Board determines that the proposed development is a permitted use in the zone and does not involve substantial site development considerations.
(2)
By Zoning Officer. The Zoning Officer, in consultation with the Township or Board Engineer, shall waive minor site plan review and approval when:
(a)
The proposed development involves only interior modifications to a building, including commercial space upon a change of use, but only when the modifications or change of use do not increase the required number of parking spaces and do not involve any other substantial site development issues; or
(b)
The proposed development would increase the square footage of buildings by less than 10% of the existing gross floor area or 1,000 square feet, whichever is less, complies with all zoning regulations and requires no additional parking spaces. Prior to the issuance of a building permit under this section, the Construction Official shall obtain a statement, in writing, from the Township or Board Engineer that the proposed improvements will have no adverse effect on drainage and from the Administrative Officer that the proposed improvements comply with all zoning regulations.
C.
Uses and activities requiring subdivision approval.
(1)
Subdivision approval shall be required prior to the recording of any plat or deed affecting the subdivision of any land in the Township of Bloomfield except in the following cases, when no new streets are created:
(2)
In all cases involving such exempted divisions, the Planning Board Chair and the Township Clerk shall certify the exemption on the plat or deed or instrument to be filed with the county.
§ 315-15 Dedication of right-of-way.
No subdivision or site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map or the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be deeded to the Township or other appropriate governmental agency.
§ 315-16 Traffic impact statement.
A.
When required. The Board may require a traffic impact statement as part of preliminary approval of a major subdivision or site plan if, in the opinion of the Board, the development could have an adverse impact on the road network, ingress/egress or on-site circulation.
C.
Submission format. All traffic impact statements shall provide a description of the impact and effect of the proposed land development upon all roads which are adjacent to or immediately affected by traffic generated by the proposed development and shall specifically address the following items:
(1)
Existing conditions in the vicinity of the proposed project, including:
(3)
Traffic impacts caused by the proposed development as per change in existing conditions.
(4)
Explanation of traffic reduction/traffic management plans necessary pursuant to any current federal, state or county requirements, and, where applicable, proposed interaction with appropriate county transportation management areas (TMA).
(5)
Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic pattern.
(6)
Any other information requested by the appropriate Board reasonably required to make an informed assessment of potential traffic impacts.
§ 315-17 Environmental impact assessment.
A.
When required. The Board may require an environmental impact assessment as part of preliminary approval of a major subdivision or site plan if, in the opinion of the Board, the development could have an adverse affect on the environment. The Board may, at the request of an applicant, waive portions of the environmental impact assessment requirements upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project. The Board shall review the application with specific reference to the following areas of concern:
(1)
A significant percentage (25% or more) of the property has a grade of 15% or more.
(2)
A significant percentage (25% or more) of the property is within or borders a floodplain.
(3)
The property is located in an area where potable water supplies may be adversely affected.
(4)
Industrial activities involving the use, processing or manufacture of hazardous, toxic or corrosive substances as defined and named in regulations promulgated by the United States EPA.
(5)
The visual impact of the project would be significant.
B.
Submission format. All environmental impact assessments shall consist of written and graphic materials that clearly present the following information:
(1)
Project description. 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.
(3)
Site description and inventory. The suitability of the site for the intended use shall be discussed. This shall include a description of environmental conditions on the site which shall include, but not be limited to, the following items:
(a)
Topography. A description and map of the topographic conditions of the site shall be provided.
(b)
Contamination. Information regarding the presence or absence of environmental contamination, including: the presence of known or suspected contaminants on site; prior uses of the property; the status of any past or present administrative or judicial proceeding involving contamination or remediation of contamination on the site. In appropriate cases, the Board may require similar information with regard to surrounding sites.
(c)
Critical areas. A description and map of the wetland areas, wetland buffers and floodplains on the site shall be provided.
(d)
Surface water. A description and map of existing watercourses and water bodies that are partially or totally on the site shall be identified and riparian issues which may be relevant to the development.
(e)
Unique scenic features. Describe and map those portions of the site that can be considered to have unique scenic qualities and any scenic view from the site.
(f)
Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection. When warranted, the Board may also request delineation of conditions on adjacent properties.
(4)
Impact. The negative and positive impacts of the project during and after construction shall be discussed. The specific concerns that shall be considered include the following:
(a)
Soil erosion and sedimentation resulting from surface runoff.
(b)
Flooding and floodplain disruption.
(c)
Degradation of surface water quality.
(d)
Sewage disposal.
(e)
Solid waste disposal.
(f)
Destruction or degradation of scenic features on and off site.
(g)
Air quality degradation.
(h)
Noise levels.
(i)
Lighting levels, including trespass lighting.
(j)
Effect on the community, including projected population increase, increase in municipal and school services, consequences to the municipal tax structure.
(5)
Environmental performance controls. The applicant shall indicate the measures which will be employed during the planning, construction and operation phases of the project to minimize or eliminate negative impacts on and off site. Of specific interest are:
(a)
Stormwater management plans and plans for soil erosion and sedimentation controls.
(b)
Water supply and water conservation proposals.
(c)
Noise reduction techniques.
(d)
Screening and landscaping intended to enhance the compatibility of the development with adjacent areas.
(e)
Miscellaneous on-site and off-site public improvements.
(6)
Alternatives. A discussion of site design and project location alternatives that were considered shall be provided. The discussion shall indicate why an alternative was rejected if it would have resulted in less of a negative impact than the proposed development.
(7)
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 construction and operation of the proposed project. This list shall include, but not be limited to, approvals required by the Township and 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.
(8)
Documentation. All publications, file reports, manuscripts or other written sources of information which were consulted in preparation of the environmental impact assessment shall be listed and footnoted. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
(9)
Review. Applicants shall be encouraged or required to provide suitable mitigation for all adverse environmental impacts and other conditions identified in the EIA and/or in the course of the public hearings before the Board.
C.
Decision. After review of the development application by the appropriate Board, that Board shall make a decision as to whether an Environmental Impact Assessment should be required of the applicant or whether the same should be waived in its entirety as a result of the proposed development having only a slight or negligible environmental impact. In addition to the above two courses of action by the reviewing Board, the Board shall have a third course which would be to require that only a specified portion of the report be completed and that the remainder of the report be waived if the Board finds that the complete report need not be prepared in order to adequately evaluate the environmental impact of the proposed development.
D.
Public projects. Public projects shall be submitted and reviewed as private development projects unless specifically exempt by state or federal law.
§ 315-18 Development phasing.
Whenever an applicant intends to construct a development in phases, phasing information shall be included in the plans for preliminary approval, and all phases shall be:
A.
Functionally self-contained and self-sustaining with regard to access, circulation, parking, utilities, open spaces and all other site improvements and physical features and shall be capable of perpetual independent use, occupancy, operation and maintenance upon completion of construction and development of the section or stage.
B.
Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the plan.
C.
Provided with such temporary or permanent transitional features, buffers or protective areas as are necessary to prevent damage or detriment to adjoining properties or to any completed section or stage. In addition, such temporary or permanent transitional features, buffers or protective areas shall not impede development of future sections or stages in the planned development. Plans, estimated dates of completion for each section or stage and specifications of such sections or stages are to be filed with the Board, which must be of sufficient detail and of such scale as to fully demonstrate the arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and services facilities and land ownership conditions.
§ 315-19 Minor subdivision and minor site plan review procedures.
A.
Submission requirements.
(1)
Submission requirements for minor subdivision and site plan approval are provided in the Minor Subdivision and Minor Site Plan Checklist.[1]
[1]
Editor's Note: The checklists are included as attachments to this chapter.
(3)
The Board shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.
B.
Review by other Township agencies and officials. The officials and agencies shall forward their comments and recommendations in writing to the Board within 14 days after receipt of the application.
C.
Board action.
(1)
Except for applications governed by other time limits, the Board shall approve, conditionally approve, or deny a minor subdivision or site plan within 45 days of the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.
(2)
Failure of the Board to act within the period prescribed shall constitute minor subdivision or minor site plan approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Register for purposes of filing subdivision plats or deeds.
D.
Effect of approval. Approval of a minor subdivision or minor site plan shall be deemed final approval provided that the Board may condition such approval on the provision of improvements as may be required. . The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or site plan approval was granted, shall not be changed for a period of two years after the date on which the resolution of approval is adopted provided that the approved minor subdivision shall have been duly recorded in accordance with § 315-19E below.
E.
Expiration of minor subdivision. Approval of a minor subdivision shall expire 190 days from the date on which the resolution of approval is adopted unless within such period a plat in conformity with such approval and the Map Filing Law, N.J.S.A. 46:26B-1 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Register, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Board Chair and Secretary. In reviewing the application for development for a proposed minor subdivision, the Board may accept a plat not in conformity with N.J.S.A. 46:26B-1 et seq.; provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of the said Act.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
Extensions of minor subdivision or site plan approval.
(1)
The Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to this chapter if the developer proves to the reasonable satisfaction of the Board:
(a)
That the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and
(b)
That the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(2)
The Board shall grant an extension of minor subdivision or minor site plan approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental agencies and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before a) what would otherwise be the expiration date of minor subdivision approval; or b) the 91st day after the developer receives the last of the legally required approval from other governmental entities, whichever occurs later.
§ 315-20 Preliminary major subdivision and site plan review procedures.
A.
Submission requirements.
(1)
Submission requirements for preliminary major subdivision and preliminary site plan approval are provided in the Preliminary Major Subdivision and Site Plan Checklist.[1]
[1]
Editor's Note: Said checklist is included as an attachment to this chapter.
(3)
The Board shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.
B.
Review by other Township agencies and officials. The officials and agencies cited shall forward their comments and recommendations in writing to the Board within 14 days after the receipt of the application.
C.
Board action.
(1)
Subdivisions.
(a)
Except for applications governed by other time limits, the Board shall approve, conditionally approve or deny a preliminary major subdivision application of 10 or fewer lots within 45 days after the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
The Board shall approve, conditionally approve or deny a preliminary major subdivision application of more than 10 lots within 95 days after the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.
(c)
Failure of the Board to act within the time prescribed shall constitute preliminary major subdivision approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be accepted by the County Register for purposes of filing subdivision plats.
(2)
Site plans.
(a)
Except for applications governed by other time limits, the Board shall approve, conditionally approve or deny a preliminary major site plan which involves 10 acres of land or less, and 10 dwelling units or less, within 45 days after the submission of a complete application unless the applicant shall extend the period of time within which the Board may act.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
The Board shall approve, conditionally approve or deny the preliminary major site plan of more than 10 acres or more than 10 dwelling units within 95 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(c)
Failure of the Board to act within the time prescribed shall constitute preliminary major site plan approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of a written endorsement or other evidence of approval herein required.
D.
Effect of preliminary approval. Preliminary approval of a major subdivision or site plan, except as provided in this section, shall confer upon the applicant the following rights for a three-year period from the date on which the resolution granting preliminary approval is adopted.
(1)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(2)
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
(3)
That the applicant may apply for and the Board may grant extension on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
(4)
In the case of a subdivision of or a site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the appropriate Board may grant the rights referred to in Subsection D(1), (2) and (3) above for such period of time, longer than two years, as shall be determined by the appropriate Board to be reasonable taking into consideration: the number of dwelling units and nonresidential floor area permissible under final approval; economic conditions; and the comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration: the number of dwelling units and nonresidential floor area permissible under final approval; the number of dwelling units and nonresidential floor area remaining to be developed; economic conditions; and the comprehensiveness of the development.
(5)
Whenever the Board grants an extension of preliminary approval pursuant to Subsection D(3) or (4) above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.
(6)
The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval, or the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection D(3) or (4) above.
E.
Simultaneous preliminary and final site plan approval. Combined preliminary and final site plan approval may be granted, provided all submission requirements for both applications are met. The time limit within which the Board shall act shall be the longest time permitted for either of the two approvals.
§ 315-21 Final approval of major subdivision and site plan review procedures.
A.
Submission requirements.
(1)
Submission requirements for final major subdivision and site plan approval are provided in the Final Major Subdivision and Final Site Plan Checklist.[1]
[1]
Editor's Note: The checklists are included as attachments to this chapter.
(2)
The Secretary of the Board shall forward copies of the application to the following officials for review and comment where appropriate:
(3)
The Board shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.
B.
Review by other Township agencies and officials. The officials and agencies cited shall forward their comments and recommendations in writing to the Board within 14 days after the receipt of the final application.
C.
Board action.
(1)
The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions for preliminary approval, and, in the case of a major subdivision, the standards prescribed in the Map Filing Law, P.L. 1960, c. 141. In the case of a planned unit development, planned unit residential development or residential cluster, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
(2)
Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and, in the case of subdivision plans, shall be so accepted by the County Register for purposes of filing.
(3)
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the Board shall condition its approval 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that, in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided below. If the developer has followed the standards prescribed for final approval and, in the case of subdivision, has duly recorded the plat with the County Register in accordance with Subsection F below, the Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for any section of the development that is granted final approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for the development of nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection D(1) of this section for such period of time, longer than two years, 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 final approval.
(b)
Economic conditions.
(c)
The comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the following:
(3)
Whenever the Board grants any extension of final approval pursuant to Subsection D(1) or (2) above, and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for an extension before what would otherwise be the expiration date of final approval, or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection D(1) or (2) above.
E.
Conditions of approval.
(1)
Conditions binding. All conditions of preliminary and final approval shall be binding upon the applicant, all present and future owners, tenants, users and occupants of the property and their respective successors and assigns.
(2)
Failure to maintain. The applicant and any successor in interest shall be responsible for installing and maintaining in good order and condition all required improvements and landscaping, unless such improvements in landscaping are to be installed by and/or dedicated to and maintained by the Township, county or another party under the terms of approval granted by the Board. Such required improvements shall include, but not be limited to, parking improvements, buffer zones, drainage facilities, exterior lighting and landscaping. Failure of any responsible party to install and/or maintain required improvements or landscaping shall constitute a violation of this chapter and shall be subject to the enforcement procedures set forth herein.
F.
Expiration of final major subdivision approval.
(1)
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the applicant with the county. The Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Board may extend the ninety-five-day or 190-day period if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the applicant applied promptly for and diligently pursued required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for an extension either before or after the original expiration date.
(2)
No subdivision plat shall be accepted for filing by the county until it has been approved by the Board as indicated on the instrument by the signature of the Chair and Secretary of the Board. The signatures of the Board Chair and Secretary shall not be affixed until the developer has posted the performance guarantees required by this chapter and has satisfied all other applicable conditions of final approval. If the county records any plat without such approval, such recording shall be deemed null and void and, upon request of the municipality, the plat shall be expunged from the official records.
§ 315-22 Amended site plan or subdivision review.
Applications for amended site plan or subdivision review shall be governed by the same requirements as all other applications for subdivision or site plan approval.
§ 315-23 Principles and standards for subdivision review.
A.
The subdivision plat shall be designed so as to encourage good development patterns within the Township. All lots shown on the subdivision plat shall be adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace.
B.
The subdivision plat shall conform to the general and specific design standards set forth in Article IV of this chapter.
C.
The subdivision shall conform to the proposals and conditions set forth on the Official Map and in the Township Master Plan. The degree of conformance of the proposed subdivision with the streets, drainage, rights-of-way, school sites, public parks and playgrounds shown on the Official Map and in the Master Plan shall be considered in the approval process.
§ 315-24 Principles and standards for site plan review.
The following are the standards for evaluating site plan applications in the Township. The Board shall review the site plan for compliance with all applicable ordinances and the Master Plan; for harmony with surrounding uses and the overall plan for development of the Township; for promotion of the health, safety, order, efficiency and economy of the Township; and for the maintenance of property values and the general welfare. Based upon its review and findings, the Board may approve, conditionally approve, request modifications to or deny approval of the site plan based on an evaluation of the general principles of this section and, more specifically:
A.
The site plan's compliance with all applicable provisions of Article V of this chapter, including, without limitation, Schedule A,[1] off-street parking and loading requirements, signs and lighting and open space;
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
The site plan's compliance with all requirements of this chapter, including, without limitation, provisions regulating subdivisions, if applicable, and Article IV, Design Requirements and Standards;
C.
The preservation of existing natural resources on the site, wherever feasible, and the contribution of the proposed development to the environmental and aesthetic quality of the surrounding properties and neighborhood;
D.
The relationship of the proposed development to adjacent properties, in terms of harmonious uses and designs and the intensity of development;
E.
The provision of a safe and efficient vehicular and pedestrian circulation system;
F.
The sufficient width, suitable grade and appropriate location of streets, including, without limitation, the accessibility of fire-fighting and other emergency equipment to all buildings;
G.
The coordination of streets which is consistent with the circulation element of the Master Plan;
H.
The design and location of buildings in an efficient and aesthetically pleasing manner;
I.
The adequacy of screening and landscaping to shield activities from adjacent properties, where appropriate, and to provide a pleasing design and arrangement;
J.
The location of exterior lighting to satisfy safety and security needs and to minimize intensity, glare and spillage onto adjacent private and public properties;
K.
The suitable location, size and configuration of open space areas;
L.
The protection and conservation of soils from erosion by wind or water or from excavating and grading;
M.
The protection of land within floodplains or flood zones;
N.
The provision of adequate drainage, shade trees, water, sewage facilities and any other necessary utilities; and
O.
The extent to which the proposed development will not generate objectionable smoke, fumes, noise, odors, dust, glare, vibration or heat.
§ 315-25 Conditional use approval.
The submission requirements and review process for conditional use applications shall be the same as for a major site plan, except as set forth below.
A.
The Board shall grant or deny an application for conditional use approval within 95 days of submission of a complete application or within such further time as may be consented to by the applicant.
B.
The Board shall approve or deny a conditional use application simultaneously with any accompanying subdivision and/or site plan application. The longest time period for action by the Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the applicant, notice of the hearing on the application shall include reference to the request for conditional use approval.
§ 315-26 County approval.
A.
Whenever review or approval of a development application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board. The County Planning Board's failure to report thereon within the required time period provided by law shall be considered a favorable response.
B.
Whenever County Planning Board review or approval is required, the applicant shall be responsible for filing all necessary applications, plans, reports and other documents directly with the County Planning Board.
§ 315-27 Signing and distribution of approved plans.
A.
When all conditions of any minor, preliminary or final approval have been met, the applicant shall submit to the Board Secretary eight copies of the approved plan(s) with all revisions required by the conditions of approval. The Board Chair, Secretary and Engineer shall then sign the approved plan(s), provided they comply with the terms of the approval. Two signed copies shall be returned to the applicant and the remaining copies shall be distributed by the Board Secretary.
B.
In addition to the foregoing, whenever any subdivision is to be perfected by the filing of the approval plat with the County Register in conformance with the Map Filing Law, the applicant shall submit to the Board Secretary, simultaneously with the plans described in Subsection A above, two Mylars and at least eight paper prints of the plat intended for recording. Provided that it conforms to the Map Filing Law, the plat intended for recording shall be signed by the Board Chair, Secretary and Engineer simultaneously with the signing of the approved plans submitted pursuant to Subsection A above. After signing, one Mylar and all paper prints of the plat so signed shall be returned to the applicant for recording with the County Register.
C.
Following the filing of any approved subdivision plat or minor subdivision deed with the County Register, the applicant shall promptly deliver to the Board Secretary at least six copies of the filed plat or recorded deed, as the case may be. The Board Secretary shall then distribute copies of the same.
D.
Whenever any subdivision is to be perfected by the filing of the approved plat with the County Register, and when the Board Engineer has performed the engineering review of such subdivision, the plat intended for recording shall be signed by the Board Engineer. For purposes of such signatures as the municipal engineer, the Board Engineer shall be deemed to act as an Assistant Township Engineer.
E.
The Board Secretary shall return in the Board's files at least one true copy of all signed and approved site plans and subdivision deeds and all signed, approved and filed subdivision plats.
§ 315-28 Checklists and applications.
No application for development shall be deemed complete unless the items, information and documentation listed in the applicable checklist are submitted to the Board. If any required item is not submitted, the applicant must request in writing a waiver and state the reasons supporting each such request.[1]
[1]
Editor's Note: The checklists are included as attachments to this chapter.