The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.

The Planning Board shall have the power to act on the following matters when the Planning Board is reviewing applications for approval of subdivision plans, site plans, variances or conditional uses. Whenever relief is requested pursuant to this subsection, public notice shall be given and shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval;

Any addition or alteration to an existing conforming, nonresidential structure which does not account for more than 10% additional building coverage; which does not exceed 500 square feet of enclosed and roofed area; which does not involve any variance request; and which, in the opinion of the administrative officer, meets the parking and other applicable requirements of this chapter and will create no adverse effects, shall not require site plan approval;

Any construction permit for the customary buildings incidental to farms shall not require site plan approval; and

Any change of use from one permitted use to another permitted use within the existing building envelope shall not require site plan approval if the administrative officer certifies to the Board that the existing site development meets the requirements of this chapter for the new use, including, but not limited to, the on-site parking requirements and the bulk and use requirements for the zoning district the subject parcel is located in.

All applications shall be filed on the application form approved by the administrative officer.

Thirteen copies of the application form, together with 13 copies of the applicable checklist, required plan sets, the fees and escrow deposits required in accordance with Article IX and all other required documents shall be submitted to the administrative officer. One copy of the application form, applicable checklist, required plan sets and required submission materials shall be sent directly to the Planning Board Engineer, Planning Board Landscape Architect/Planner, Planning Board Traffic Engineer, Planning Board Attorney, Bordentown Sewerage Authority, and the Township Fire Marshal. A digital copy of all items submitted to the administrative officer shall be required with each submission. The digital media can be submitted via an external drive, CD/DVD, email, or file share service link. The applicant may request a waiver of any of the submission items. Each waiver request shall be listed on the waiver request sheet included in the application form provided by the administrative officer. The submission of the waiver request form shall be accompanied by justifications for the granting of the waiver request. This form shall be notarized and serve as an acknowledgement that should the Board during the course of the public hearing determine that the such information is required to make an informed decision on the application that the application shall be adjourned immediately and the applicant shall be required to reappear before the Board once all the necessary information has been provided.

The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon applications, 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, that number shall appear on all papers, maps, plans and other documents in conjunction with the application.

(Reserved)[1]

Any application not filed with the administrative officer and with the designated professional consultants in a timely manner as herein required shall be deemed to be incomplete.

Any amendments, supplements, revisions or additional data filed in conjunction with the application shall be filed with the administrative officer and with the professional consultants in the same manner as the original application and supporting documents.

All applications shall be accompanied by a certificate from the Township Tax Collector that all taxes and assessments are paid to date;

The Board shall act upon the application as required by law.

At the request of a developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development.

The application for an informal review shall be submitted in accordance with the application procedures set forth in § 500-802C.

No escrow deposit shall be required for an informal review.

No professional review(s) will be undertaken unless the developer agrees to pay for the review(s) and deposits with the administrative officer an escrow deposit sufficient to cover the professional review.

Neither the Planning Board nor the developer shall be bound by any concept plan submitted for informal review or for any comments or suggestions made during the informal review.[2]

The administrative officer and the Planning Board's professionals shall review the application for the purpose of determining completeness within 45 days of receipt by the administrative officer.

The administrative officer and the Planning Board professionals shall thereafter take the following actions:

On the date the application is certified complete, or on the 46th day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, 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 the applicant is entitled to approval of the application.

The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require any revisions in the application documents that 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 the additional information or revisions.

Promptly after certification of completeness, the application documents shall be distributed by the administrative officer to each of the following:

Time for action.

The Planning Board is hereby authorized, in accordance with N.J.S.A. 40:55D-8, to adopt, by resolution, any additional rules of procedure, not inconsistent with the provisions of this chapter, as the Board may deem appropriate.

The administrative officer shall provide an applicant with a copy of the resolution adopting any additional rules of procedure at the time that an application form is requested.[3]

A key map showing the entire tract and its relation to the surrounding area, at a scale of one inch equals not more than 2,000 feet;

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

Acreage figures (both with and without areas within public rights-of-way) and north arrow;

Approval signature lines:

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;

Subdivision or development boundary line (heavy solid line);

The location of existing and proposed property lines (with bearings and distances), streets, buildings (with their numerical dimensions and an indication as to whether existing buildings will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, any natural features such as wetlands and treed areas, and any historic features such as family burial grounds and buildings more than 60 years old, both within the tract and within 200 feet of its boundary;

The location and width of all existing and proposed utility easements;

Zoning districts affecting the tract, including district names and requirements;

Proposed buffer and landscaped areas;

Delineation of floodplains, including both floodway and flood fringe areas;

Contours as shown on the USGS topographic sheets;

Marshes, ponds and lands subject to flooding within the tract and within 100 feet thereof;

The name of all adjacent property owners as they appear on the most recent tax list prepared by the Township administrative officer;

Concerning minor subdivisions only, existing and proposed iron or copper pins and/or monuments;

Concerning minor subdivision applications only and if the proposed lot(s) is (are) not served by a sanitary sewer, certification by a licensed professional engineer that the proposed lot(s) can adequately accommodate a septic system and a copy of any written review and report by the Township Board of Health. The location(s) of the test hole(s), test results and compliance with the Individual Sewage Disposal Code of New Jersey shall be shown on the plat and certified by a licensed professional engineer;

No minor subdivision or minor site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless the additional right-of-way, either along one or both sides of the streets, as applicable, shall be granted to the Township or other appropriate governmental agency;

No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter;

Deed descriptions including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications shall be submitted for review and approval; and

Council on Affordable Housing (COAH) compliance report. This report shall address the anticipated affordable housing obligation generated by the development and how that obligation is to be satisfied by the applicant. The report shall address the anticipated obligation at the time of issuance of the final certificate of occupancy (CO), and it shall be based on the applicable regulations of the Council on Affordable Housing at the time of issuance of the final CO.

Any proposed subdivision or 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 remove any adverse effect(s) prior to further review, classification or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining 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 adverse effect.

When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Township Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward to the applicant a copy of the approval resolution within 10 days of its adoption by the Board.

When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of that action, shall notify the applicant of the disapproval. Additionally, the Secretary of the Board shall forward to the applicant a copy of the disapproval resolution within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

Within 190 days from the date of approval by the Board of a minor subdivision, a plat map drawn in compliance with the Map Filing Act, N.J.S.A. 46:23-9.9 et seq., or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or the acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the County Recording Officer. Unless filed within 190 days, the approval shall expire and will require Board approval as in the first instance. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval by the Board, provided that the approved minor subdivision shall have been duly recorded.

Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:

A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not more than 2,000 feet.

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

North arrow.

Certification that the applicant is the owner of the land or the properly authorized agent of the owner, or that the owner has consented to the making of the application under an option agreement.

Approval signature lines:

Acreage to the nearest tenth of an acre and a computation of the area of the tract to be disturbed (both with and without areas within public rights-of-way).

The names and lot and block numbers of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township administrative officer.

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.

Tract boundary line (heavy solid line).

Zoning districts, including district names and requirements.

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 200 feet of its boundaries.

The location and species associations of all individual trees or groups of trees having a caliper of eight inches or more measured three 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.

All existing and proposed watercourses (including lakes and ponds) shall be shown and accompanied by the following information, as may be required by the Township Engineer:

Existing and proposed contours with intervals of one foot where slopes are less than 2%; with intervals of two feet where slopes are between 2% and 10%; and with intervals of five feet where slopes exceed 10%. 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.

Proposals for soil erosion and sediment control as required by the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.

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 60 years old, both within the tract and within 200 feet of its boundary.

Size, height and location of all proposed buildings, structures, signs and lighting facilities. Architectural drawings and elevations of any proposed buildings shall be included with the application. These renderings shall be considered part of any approvals granted and shall not be substantially changed.

All dimensions necessary to confirm conformity to this 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.

The proposed location, direction of illumination, power and type of proposed outdoor lighting including details of lighting poles and luminaires.

The proposed screening, buffering and landscaping, including a landscaping plan.

The location and design of any off-street parking area, showing size and location of bays, aisles and barriers.

The application shall include plans and computations for any storm drainage system including the following:

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 200 feet of its boundaries.

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 site water or sewage disposal is proposed, the plan for those 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 Board of Health, shall be indicated on the plat or plan.

Plans, typical cross sections and details, centerline profiles and tentative grades of all proposed streets and of existing streets abutting the tract based on USGS vertical datum or a more specified datum supplied by the Township Engineer, including curbing, sidewalks, storm drains and drainage structures. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.

All proposed street names, which shall be subject to the approval of the Board. No proposed street name shall duplicate or be substantially similar to the name of any existing or approved street in the Township of Bordentown, the City of Bordentown or in any municipality served by a post office which also serves the Township of Bordentown or the City of Bordentown.

Any proposed 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. All covenants or deed restrictions are subject to approval by the Planning Board and shall be written in easily understandable English.

The proposed permanent monuments shall be shown, in accordance with the Map Filing Act (N.J.S.A. 46:23-9.9 et seq.).

Council on Affordable Housing (COAH) compliance report. This report shall address the anticipated affordable housing obligation generated by the development and how that obligation is to be satisfied by the applicant. The report shall address the anticipated obligation at the time of issuance of the final certificate of occupancy (CO), and it shall be based on the applicable regulations of the Council on Affordable Housing at the time of issuance of the final CO.

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 basic requirements for an environmental impact statement pertaining to different types of development applications are listed below:

Submission procedures.

Submission format. When an environmental impact statement is required, the applicant shall retain one 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. 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:

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.

General provisions. The traffic impact statement is required in order to assist the Planning Board as well as other governmental officials to understand and plan for the impact of the proposed development on traffic flow, intersection traffic controls, road design and other matters affected by increased traffic and changes in traffic patterns.

Submission procedures.

Submission format. The traffic impact statement shall indicate why, in the applicant's opinion, the proposed development is in the public interest as well as providing:

General provisions. The community impact statement shall provide an analysis of the proposed development and its expected impact upon existing municipal facilities and services.

Submission procedures.

Submission format. The community impact statement shall indicate why, in the applicant's opinion, the proposed development is in the public interest as well as providing data and opinions concerning the following specific items:

Any proposed subdivision or 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, classification 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 subdivided in a manner that will not create, impose, aggravate or lead to an adverse effect.

In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:

All hearings held on applications for preliminary major subdivision approval (and in certain cases 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 the date at least 14 days prior to the hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing as required by law.

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, the 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 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish the copies to the Board.

If minor revisions or additions to the plat or plan are deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of the approval. Should major 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.

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 setting forth the reasons for the rejection. One copy of the plat or plan and the resolution shall be returned to the applicant within 10 days of the adoption of the resolution.

Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:

In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in § 500-804H(1) for any period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:

The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for any additional period of time as shall be determined by the Board to be reasonable taking into consideration:

A final plat or final plan shall be submitted to the administrative officer within three years after the date of preliminary approval which time period shall be extended to include or any authorized extension of the preliminary approval.

An application shall be submitted in accordance with the application procedures set forth in § 500-802.

All details stipulated in § 500-804B.

All additional details required at the time of preliminary approval shall be submitted.

A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.

Detailed architectural and engineering data, including:

The final submission shall be accompanied by the following documents:

The recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the final submission, the approval shall be noted on the plat or plan. If the Board acts favorably on the final 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 10 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish sufficient copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy and at least two mylar copies of the approved plat in addition to the 10 paper copies.

After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 500-706F.:

Within 95 days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of same with the Burlington County Clerk. In the event of failure to file within the 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days.

If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Secretary of the Board, within 10 days of adoption, shall notify the applicant of the disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date of final approval:

In the case of a subdivision or site plan for a planned unit development, planned residential development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in § 500-805D(1) for a period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:

The developer may apply thereafter and the Board may thereafter grant an extension to preliminary approval for any additional period of time as shall be determined by the Board to be reasonable taking into consideration: