Califon City Zoning Code

CHAPTER 16

20 - ADMINISTRATION, PROCEDURES AND DEVELOPMENT APPLICATIONS

Sections:

16.20.010 - Establishment of planning board.

Membership. The planning board shall have nine members consisting of the following four classes:

Class I: the mayor;

Class II: one of the officials of the municipality other than a member of the borough council to be appointed by the mayor;

Class III: a member of the borough council to be appointed by it;

Class IV: six other citizens of the municipality to be appointed by the mayor. The members of Class IV shall hold no other municipal office. A member of the environmental commission who is also a member of the planning board as required by N.J.S.A. 40:55A-1 shall be a Class IV planning board member.

Terms. The term of the member composing Class I shall correspond with his or her official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first. The terms of the Class IV members shall be for four years, except in the case of the Class IV member who is also a member of the environmental commission, whose term shall either terminate at the completion of his or her term as a member of the environmental commission or shall be for three years, whichever occurs first. All terms shall run from January 1st of the year in which the appointment is made.

Vacancies and Removals. If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term only. Any member other than a Class I member, after a public hearing if he or she requests it, may be removed by the borough council for cause.

Organization of Board. The planning board shall elect a chairperson and vice-chairperson from the members of Class IV and select a secretary who may be either a member of the planning board or a municipal employee designated by it.

Alternate Members. The mayor may appoint up to two alternate members of the planning board. The alternates shall meet the qualifications for Class IV members. Alternate members shall be designated by the mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years each and shall be such that the term of not more than one alternate member shall expire in any given year provided that no alternate member shall be appointed for a term exceeding two years. A vacancy occurring otherwise than by expiration of term shall be filled by the mayor for the unexpired term only.

Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

Conflict of Interest. No regular or alternate member shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. Whenever any member shall disqualify himself or herself from acting on a particular matter, he or she shall not continue to sit with the board on the hearing of such matter nor participate in any discussion or decision relating thereto.

Planning Board Attorney. There is created the office of planning board attorney. The planning board may annually appoint, fix the compensation of or agree upon the rate of compensation of the planning board attorney who shall be an attorney other than the municipal attorney.

Experts and Staff. The planning board may also employ or contract for the services of experts and such other staff and services as it may deem necessary. The board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the borough council for its use.

Powers and Duties Generally. The planning board shall adopt bylaws governing its procedural operations. It shall also have the following powers and duties:

To make and adopt and from time to time amend a master plan to guide the use of land within the borough in accordance with the provisions of N.J.S.A. 40:55D-28;

To administer the site plan and subdivision review provisions of this title in accordance with the provisions of this title and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.);

To participate in the preparation and review of programs or plans required of the planning board by state or federal law or regulations;

To assemble data on a continuing basis as part of a continuous planning process;

Upon request, to assist the borough council in preparation of a program of municipal capital improvement projects and amendments thereto;

To consider and make a report to the borough council within thirty-five (35) days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also pass upon other matters specifically referred to the planning board by the mayor and borough council, pursuant to the provisions of N.J.S.A. 40:55D-26(b);

To review applications for approval of conditional uses;

To perform such other advisory duties as are assigned to it by ordinance or resolution of the borough council for the aid and assistance of the borough council or other municipal agencies or officers.

Additional Powers. The planning board shall exercise to the same extent and subject to the same restrictions, all of the statutory powers of a zoning board of adjustment except that the Class I and Class III members of the planning board shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d (subsection (J)(6) of this section). These statutory powers include the powers to:

Direct, pursuant to N.J.S.A. 40:55D-34, the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32;

Direct, pursuant to N.J.S.A. 40:55D-36, the issuance of a permit for a building or structure not related to a street meeting the requirements of N.J.S.A. 40:55D-35;

Hear and decide appeals where it is alleged by the appellant that there is error in any order, required decision or refusal made by an administrative officer or agency based on or made in the enforcement of the ordinance codified in this title. The board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken;

Hear and decide requests for interpretation of the zoning map or of this title or for decisions upon other special questions upon which the board is authorized to pass;

Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant a variance from such strict application of such regulation so as to relieve such difficulties or hardship; or where in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law (N.J.S.A. 40:55D-2) would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the zoning requirements; provided, however, that no variance from those departures enumerated in subsection (J)(6) of this section shall be granted under this subsection;

In particular cases and for special reasons, grant a variance to allow departure from the zoning regulations to permit: (a) a use or principal structure in a district restricted against such use or principal structure, (b) an expansion of a nonconforming use, (c) deviation from a specification or standard pertaining solely to a conditional use, (d) an increase in the permitted floor area ratio, (e) an increase in the permitted density except as applied to the required lot area for a lot or lots for detached one- or two-dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, or (f) a height of a principal structure which exceeds by ten (10) feet or ten (10) percent the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members.

If an application for development requests one or more variances but not a variance for a purpose enumerated in this subsection, the decision on the requested variance or variances shall be rendered under subsection (J)(5) of this section.

No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance.

An application under this section may be referred to any appropriate person or agency for its report provided that such reference shall not extend the period of time within which the board shall act.

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

The developer may elect to submit a separate application requesting approval of the variance or direction for the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction for the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the planning board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance. The number of votes of board members required to grant any such subsequent approval shall be as otherwise provided by law for the approval in question and the special vote required for a variance pursuant to N.J.S.A. 40:55D-70d (this subsection) shall not be required.

(Ord. 1993-008 § 501)

16.20.020 - Procedures.

Meetings.

Meetings of the planning board shall be scheduled no less than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.

Special meetings may be provided for at the call of the chairperson or on the request of any two board members, which meetings shall be held on notice to the members and the public in accordance with all applicable legal requirements.

No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full authorized membership of the board.

All actions shall be taken by majority vote of the members of the board present at the meeting except as otherwise required by this title or by a provision of N.J.S.A. 40:55D-1 et seq. A member of the board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on a matter upon which the hearing was conducted, notwithstanding his or her absence therefrom, provided that such board member has available to him or her the transcript or recording of all of the hearing from which he or she was absent, and certifies in writing to the board that he or she has read such transcript or listened to such recording.

All regular meetings and all special meetings shall be open to the public, except as provided in the Open Public Meeting Law C.231, Laws of New Jersey, 1975. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law C.231, Laws of New Jersey, 1975.

Public Hearings.

The planning board shall hold a hearing on each application for development. The board shall make rules governing such hearings.

Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten (10) days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce any documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

The officer presiding at the hearing, or such person as he or she may designate, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law," P.L. 1953, C.38 (C.2A:67A-1 et seq.) shall apply.

The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, or such other person as he or she may designate, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and reasonable limitations as to time and number of witnesses.

Technical rules of evidence shall not be applicable to the hearing, but the board may exclude irrelevant, immaterial or unduly repetitious evidence.

Public Notice of a Hearing.

Public notice of a hearing shall be given for the following applications for development:

Any request for a variance;

Any request for conditional use approval;

Any request for issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street;

Any request for site plan and/or subdivision approval involving one or more of the aforesaid elements;

Any request for preliminary approval of a major subdivision and/or major site plan; and

Any request for approval of a planned development.

The secretary of the board shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least ten (10) days prior to the date of the hearing in the following manner:

By publication in the official newspaper of the borough;

By notification by personal service or certified mail to the entities listed below. An affidavit of proof that the required notification was given shall be filed by the applicant with the municipal agency at, or prior to, the hearing. It is not required that a return receipt is obtained; notice shall be deemed complete upon mailing (N.J.S.A. 40:55D-14).

To all owners of real property as shown on the current tax duplicate, located in the state and within two hundred (200) feet in all directions of the property which is the subject of the hearing; provided that this requirement shall be deemed satisfied by notice to: (A) the condominium association, in the case of any unit owner whose unit has a unit above or below it; or (B) the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it:

(1)

Notice to a partnership owner may be made by service upon any partner,

(2)

Notice to a corporate owner may be made by service upon its president, a vice-president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation,

(3)

Notice to a condominium association, horizontal property regime, community trust or homeowner's association, because of its ownership of common elements or areas located within two hundred (200) feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common element or areas,

(4)

Notice to registered public utilities, cable television companies, and local utilities shall be made by service upon the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility at the address shown on the registration form;

ii.

To the clerk of any adjoining municipality or municipalities when the property involved is located within two hundred (200) feet of said adjoining municipality or municipalities;

iii.

To the Hunterdon County planning board when the application for development involves property adjacent to an existing county road or proposed road as shown on the county official map or county master plan, adjoining other county land or situated within two hundred (200) feet of a municipal boundary;

iv.

To the commissioner of transportation of the state of New Jersey when the property abuts a state highway;

To the state planning commission when the hearing involves an application for the development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units, in which case the notice shall include a copy of any maps or documents required to be filed with the borough;

vi.

To any public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality pursuant to N.J.S.A. 40:55D-12.1, by service upon the person named on the registration form at the address shown on the registration form.

Upon the written request of an applicant, the borough tax assessor shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners and registered public utilities and cable television companies within the borough to whom the applicant is required to give notice. The applicant shall be charged twenty-five cents ($.25) per name or ten dollars ($10.00), whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any lot owner or public utility or cable television company not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners within two hundred (200) feet of the property which is the subject of the hearing who do not reside within the borough.

The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed, and an identification of the property proposed for development by street address, if any, and by reference to lot and block numbers as shown on the current tax duplicate in the borough tax assessor's office, and the location and times at which any maps or documents for which approval is sought are available for inspection.

Records.

Minutes of every regular or special meeting shall be kept and shall include the names and addresses of the persons appearing and addressing the board and any persons appearing by attorney, the action taken by the board, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available, after approval by the board, for public inspection during the normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a reasonable fee for the reproduction of the minutes as specified by ordinance.

A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made either by stenographer, mechanical or electrical means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his or her expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2A:11-15 and as specified by ordinance. Each transcript shall be certified in writing by the transcriber to be accurate.

Decisions.

Each decision on any application for development shall be reduced to writing by the board and shall include findings of facts and conclusions based thereon.

The board shall provide the findings and conclusions through:

A resolution adopted at a meeting held within the time period provided in this title for action by the board on the application for development; or

A memorializing resolution adopted at a meeting held no later than forty-five (45) days after the date of the meeting at which the board voted to grant or deny approval. Only the members of the board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution.

The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the board and not to be an action of the board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the required mailings, filings and publications.

If the board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the superior court in a summary manner for an order compelling the board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.

Notice of Decisions. Any decision of the board when acting upon an application for development and any decision of the borough council when acting upon an appeal shall be given notice in the following manner:

A copy of the decision shall be mailed by the appropriate borough authority within ten (10) days of the date of decision to the applicant or appellant, or if represented, then to his or her attorney, without separate charge. A copy of the decision shall also be mailed within ten (10) days to any interested party who has requested it and who has paid the fee prescribed by the borough for such service.

The administrative officer shall cause a brief notice of every decision of the board or borough council, as the case may be, to be published in the official newspaper of Califon Borough, the cost of such publication to be charged to the applicant's escrow account. Such notice shall be sent to the official newspaper within ten (10) days of the date of the decision.

A copy of the decision shall also be filed in the office of the administrative officer, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as that established for copies of other public documents in the borough.

Appeals.

Appeals to the board pursuant to N.J.S.A. 40:55D-70a (Section 16.20.010(J)(3)) may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the ordinance codified in this title or the official map, if there be one. Such appeal shall be taken within twenty (20) days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record upon which the action appealed from was taken.

A developer may file an application for development with the board for action under any of its powers without prior application to an administrative officer.

An appeal to the board under this section shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the board, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the superior court upon notice to the officer from whom the appeal is taken and on due cause shown.

(Ord. 1993-008 § 502)

16.20.030 - Appeal of decision to the borough council.

Any interested party may appeal to the borough council any final decision of the board approving an application for a variance pursuant to N.J.S.A. 40:55D-70d (Section 16.20.010(J)(6)). Notwithstanding the aforesaid right of appeal to the borough council, any party has the right to obtain a review of such board decision by any court of competent jurisdiction according to law.

Any appeal to the borough council shall be made within ten (10) days of the date of publication of such final decision. The appeal to the borough council shall be made by serving the borough clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his or her attorney, if represented.

The appellant shall either: (1) within five days of serving notice of the appeal, arrange for a transcript and six copies thereof for use by the borough council and pay a deposit of fifty dollars ($50.00) or the estimated cost for such transcription, whichever is less, provided that the charge by the borough to the applicant for the transcript shall not exceed the maximum permitted in N.J.S.A. 2A:11-15; or (2) within thirty-five (35) days of serving notice of the appeal submit a transcript to the borough clerk for use by the borough council. Should the appellant neither arrange for nor submit a transcript as provided hereinabove, the borough council may dismiss the appeal for failure to prosecute. All transcripts shall be certified in writing by the transcriber to be accurate.

Notice of the meeting to review the record below shall be given by the borough council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Section 16.20.020(F)(1) and to the board at least ten (10) days prior to the date of the meeting. The appeal shall be decided by the borough council only upon the record established by the board. The parties may submit oral and written arguments on the record at the borough council meeting, and the borough council shall provide and pay for verbatim recording and transcripts of such meeting.

The borough council shall conclude a review of the record below not later than ninety-five (95) days from the publication of the notice of the subject decision of the board, unless the appellant consents in writing to an extension of such time period. Failure of the borough council to hold a hearing and conclude a review of the record below and to render a decision within such specified period without such written consent of the appellant shall constitute a decision affirming the action of the board.

The borough council may reverse, remand or affirm, with or without conditions, the final decision of the board being appealed. The affirmative vote of a majority of the full authorized membership of the borough council shall be necessary to reverse or remand to the board or to impose conditions on or alter conditions to any final action of the board. Otherwise, the final action of the board shall be deemed to be affirmed; a tie vote of the borough council shall constitute affirmance of the decision of the board.

An appeal to the borough council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the board certifies to the borough council, after the notice of appeal has been filed with the board, that by reasons of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the superior court on application, upon notice to the board and good cause shown.

(Ord. 1993-008 § 503)

16.20.040 - Applicability of requirements.

Subdivision Review. All subdivisions, as defined in Section 16.04.040 of this title, are subject to the review procedures specified herein.

Site Plan Review. No construction permit shall be issued for any new structure or for an alteration or addition, as defined in this title, to an existing structure and no certificate of occupancy shall be issued for any change of use of any existing structure until the site plan has been reviewed and approved by the municipality in accordance with this section except that:

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, except that the use of any existing or proposed principal or accessory building for a professional office shall require minor site plan approval prior to the issuance of a construction permit or certificate of occupancy. The foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other ordinances.

Barns, sheds and silos erected for agricultural purposes shall require minor site plan approval.

The zoning officer may approve a waiver of site plan review for nonresidential alterations where no intensification of the use of the property is anticipated as a result of the alteration.

The permit review subcommittee shall consist of the zoning officer and two other members of the planning board appointed annually by the chairperson.

The permit review subcommittee shall meet as required at the request of the zoning officer. No fee shall be charged for permit review by the permit review subcommittee.

Maintenance and replacement of existing systems or improvements are specifically exempted from site plan review.

Wireless telecommunications antennas or antenna arrays erected on existing buildings or structures shall require minor site plan approval.

Variances and Other Relief.

All appeals, applications for variance relief, or applications for direction of the issuance of a permit not involving any related site plan, subdivision or conditional use approval shall be filed at least fourteen (14) days prior to the regular meeting of the board. The filing shall include twenty-two (22) copies of any maps and related material; twenty-two (22) completed copies of the appropriate application form(s), which includes the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to the ordinance codified in this title and the fee(s) in accordance with this title.

The board shall render a decision not later than one hundred twenty (120) days after a complete application is submitted for development or an appeal is taken from the decision of an administrative officer. Failure of the board to render a decision within the required time period, or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant. In the event that the developer elects to submit separate consecutive applications for the variance and for any required subdivision and/or site plan approval(s), the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this title.

Variances shall expire if the applicant has failed to exercise his or her rights under the variance approval within two years of the date of the board's decision to grant the variance. Exercising rights shall mean either applying for a construction permit or applying for such subsequent site plan or subdivision approval as may be required prior to the applicant's obtaining a construction permit.

For variances granted prior to the effective date of the ordinance codified in this title, the two-year period shall commence as of the effective date of the ordinance codified in this title. For variances which become the subject of litigation, the two-year period shall commence on the date of the last reviewing court's decision to grant the variance.

For good cause shown, and after a hearing before the board on notice in the manner required for original variance applications, the board may extend the variance by resolution. Any extension may not exceed one year in duration and no more than four such extensions shall be permitted. To receive consideration, an application for extension of a variance shall be made prior to the expiration of the time limit sought to be extended.

Informal Review.

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

The developer shall not be required to submit any fees for such an informal review; however, no professional review(s) will be undertaken unless the developer agrees to pay for said review(s).

The developer shall not be bound by any concept plan for which review is requested, and the board shall not be bound by any such review.

A developer desiring to have a concept plan informally reviewed by the board shall so notify the administrative officer at least fourteen (14) days prior to the regular meeting of the board. The administrative officer shall thereafter notify the developer of the time and place which has been scheduled by the board for the informal review.

(Ord. No. 2013-02 , 2-19-2013; Ord. 1998-06 § 1; Ord. 1997-05 § 10; Ord. 1996-02 § 11; Ord. 1993-008 § 504)

16.20.050 - Submission of minor subdivision plats and minor site plans.

Procedure for Submitting Minor Subdivision Plats and Minor Site Plans. The applicant shall submit to the administrative officer at least fourteen (14) days prior to the regular meeting of the board: twenty-two (22) copies of the minor plat or plan; twenty-two (22) copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to the ordinance codified in this title and the fee(s) in accordance with this title. 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 for processing in conjunction with the application.

Details Required for Minor Subdivision Plats and Minor Site Plans. Each minor plat or minor 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 one inch equals one hundred (100) feet and shall be submitted on one of the following four standard sheet sizes (8 ½″ × 13″; 15″ × 21″; 24″ × 36″; or 30″ × 42″).

If one sheet is not sufficient to contain the entire tract, the map may be divided into two sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets. Each minor plat or plan shall show the following information, as such information is applicable to the minor subdivision or minor site plan submission:

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

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

Name of subdivision or development, Califon Borough, Hunterdon County,

Name, title, address and telephone number of subdivider or developer,

Name, title, address and license number of the professional or professionals who prepared the plat or plan,

Name, title and address of the owner or owners of record,

Scale,

Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet,

Land development application file number;

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

Approval signature and date lines:

Chairperson,

Secretary,

Borough engineer,

Approval date line,

Filing deadline date line;

Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the borough tax map;

Subdivision or development boundary line (heavy solid line);

The location of existing and proposed property lines (with bearings and distances), streets, structures (with their numerical dimensions and an indication as to whether existing structures will be retained or removed), signs, parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, stone walls or stone rows, drain pipes, any natural features such as wetlands and treed areas, any specimen trees, and any historic features such as family burial grounds and buildings more than fifty (50) years old, both within the tract and within two hundred (200) feet of its boundary;

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;

Zoning districts affecting the tract, including district names and requirements, and a comparison to the application;

10.

Proposed buffer and landscaped areas;

11.

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

12.

Contours as shown on the U.S.G.S. topographic sheets;

13.

Marshes, ponds and lands subject to flooding within the tract and within one hundred (100) feet thereof;

14.

The name of all adjacent property owners as they appear on the most recent tax list prepared by the borough tax assessor;

15.

Certificate from the borough tax collector that all taxes and assessments are paid to date; and, if the processing of the application extends into any subsequent tax quarter, a current certificate from the tax collector shall be required by the board before approval may be granted;

16.

Concerning minor subdivisions only, existing and proposed monuments;

17.

Concerning minor subdivision applications only, and if the proposed lot(s) is (are) not served by a sanitary sewer, date of approval by the board of health of site evaluation tests, certified by a licensed professional engineer, indicating that the proposed lot(s) can adequately accommodate a septic system. The location(s) of the test hole(s), proposed location of the septic disposal areas, test results and compliance with the "Individual Sewage Disposal Code of New Jersey" or applicable borough ordinances, whichever may be more restrictive, shall be shown on the plat and certified by a licensed professional engineer;

18.

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 title shall be approved unless such additional right-of-way, either along one or both sides of said streets, as applicable, shall be granted to the borough or other appropriate governmental agency;

19.

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 title;

20.

Deed descriptions, including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications shall be submitted for approval and required signatures prior to the filing with the county recording officer;

21.

For minor site plans involving wireless telecommunications antennas or antenna arrays to be erected on existing buildings or structures, the additional information required at Section 16.20.060(B)(32) shall also be provided.

Action by the Borough.

The board shall review the aforesaid application for the purpose of determining, within forty-five (45) days of its submission, whether said application is complete. Thereafter:

If said application is found to contain all of the information required herein, the board shall certify that said application is complete.

If said application is found to lack some of information required herein, the board shall either:

Cause the applicant to be notified, in writing, what said application is incomplete, specifying the deficiencies in the application; or

ii.

If the board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.

An applicant who has been notified that his or her application is incomplete may request waiver of one or more of the submission requirements set forth herein and said request shall be granted or denied by the board within forty-five (45) days.

In the event the board fails to act 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.

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 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 he or she 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 herein, and/or may require such 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.

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

The planning board members: eleven (11) copies;

Hunterdon County planning board: two copies;

Planning board attorney: one copy;

Borough engineer: one copy;

Construction official: one copy;

Zoning officer: one copy;

Borough board of health: one copy;

Borough environmental commission: one copy;

Hunterdon County soil conservation district: one copy;

Borough tax assessor: one copy;

Borough clerk: one copy;

At the direction of the board, additional copies of the minor plat or plan shall be sent by the applicant to such other borough, county or state agencies or borough consultants as may be designated by the board.

The board shall take action on minor subdivision and minor site plan applications within forty-five (45) days after the application has been certified complete by the board 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 minor subdivision or minor site plan application which includes any requested variance relief shall be acted upon within one hundred twenty (120) days or within such further time as may be consented to by the applicant.

Any designated 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 title. The subdivision committee or site plan committee, as the case may be, shall offer its recommendations to the board.

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 remove 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 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 of a reproducible tracing. At least ten (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 borough engineer and the chairperson and secretary of the board (or the acting chairperson 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 ten (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, adopted in accordance with Section 16.20.020(E), within ten (10) days of the adoption by the board.

When a minor subdivision or minor site plan is disapproved by the board, the secretary of the board, within ten (10) days of such action, shall notify the applicant of such disapproval. Additionally, the secretary of the board shall forward to the applicant a copy of the disapproval resolution, adopted in accordance with Section 16.20.020(E), within ten (10) days of its adoption by the board, setting forth the reasons for the disapproval.

Within one hundred ninety (190) days from the date on which the resolution of approval of a minor subdivision is adopted by the board, a plat map drawn in compliance with the Map Filing Act, P.L. 190, c. 141 (C.46:29-9.9 et seq.) or deed description, properly drafted and signed by the chairperson and secretary of the board (or acting chairperson or secretary where either or both may be absent), shall be filed by the subdivider with the county recording officer. All plats requiring final approval or deeds requiring approval shall be submitted in a timely fashion following approval to the appropriate borough officer. Unless filed within said one hundred ninety (190) days, the minor subdivision approval shall expire and will require board approval as in the first instance, except that the board may extend the one hundred ninety (190) day period for filing a minor subdivision plat or deed if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

10.

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

11.

The board shall grant an extension of this two-year period 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 approvals. A developer shall apply for this extension before what would otherwise be the expiration date, or the ninety-first (91st) day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

12.

Before the secretary of the board returns any approved minor subdivision or minor site plan to the applicant, all conditions of the approval, if any, must be met by the applicant. The applicant shall provide such additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:

Borough engineer, (in the case of subdivisions only) a map of the plat drawn to the tax map scale, as directed by the borough engineer;

Zoning officer;

Borough tax assessor;

Borough board of health;

Such other borough, county or state agencies and officials as directed by the board;

If the applicant is confirming a minor subdivision by recording the deed(s), a copy of the recorded deed(s) shall be furnished to the borough clerk.

(Ord. 1997-05 § 11; Ord. 1993-008 § 505)

16.20.060 - Submission of preliminary major subdivision plats and preliminary major site plans.

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 regular meeting of the board: twenty-two (22) copies of the preliminary plat or preliminary plan; twenty-two (22) completed copies of the appropriate application form(s) which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to the ordinance codified in this title; twenty-two (22) copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; and the fee(s) in accordance with this title. 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.

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 one inch equals one hundred (100) feet and shall be submitted on one of the following four standard sheets sizes (8 ½" × 13″; 15″ × 21″; 24″ × 36″; 30″ × 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:

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

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 44:8-36), including:

Name of subdivision or development, Califon Borough, Hunterdon County,

Name, title, address and telephone number of subdivider or developer,

Name, title, address and license number of the professional or professionals who prepared the plat or plan,

Name, title and address of the owner or owners of record,

Scale (written and graphic),

Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet,

Land development application file number;

North arrow;

Certification that the applicant is the owner of the land or his or her properly authorized agent, or that the owner has given his or her consent under an option agreement;

Approval signature lines:

Chairperson,

Secretary,

Borough engineer,

Approval date line,

Filing deadline date line;

Acreage to the nearest tenth (10th) of an acre and a computation of the area of the tract to be disturbed;

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 borough tax assessor;

Existing tax sheets number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the borough tax map, and proposed block and lot numbers as provided by the borough tax assessor upon written request;

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 locations 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 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 shall also 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.

All existing and proposed watercourses (including lakes and ponds) shall be shown and accompanied by the following information:

A report on the status of review by the NJDEPE, Division of Water Resources, in the event 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,

Cross-sections of watercourses and/or drainage swales at an approximate scale showing the extent of the floodplain, top of bank, normal water levels and bottom elevations at the following locations, where appropriate:

At any point where a watercourse crosses a boundary of the tract,

ii.

At one hundred (100) foot intervals up to five hundred (500) feet upstream and downstream of any point of juncture of two or more watercourses within the tract,

iii.

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,

iv.

At a maximum of one hundred (100) foot intervals, but not less than two locations, along each watercourse which runs through or within five hundred (500) feet of the tract,

When ditches, swales, streams or watercourses are to be altered, measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown,

vi.

The delineation of the floodways and flood fringe areas of all watercourses within or adjacent to the tract,

The total acreage of the drainage basin of any watercourse running through the tract,

The location and extent of drainage and conservation easements and stream encroachment lines,

The location, extent and water level elevation of all existing or proposed lakes or ponds within the tract and within two hundred (200) feet of the tract;

14.

Existing and proposed contours with intervals of one foot where slopes are less than two percent; with intervals of two feet where slopes are between two percent and fifteen (15) percent; and with intervals of five 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;

15.

Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.;

16.

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;

17.

Size, height and location of all proposed buildings, structures, signs (or sign plan) and lighting facilities, in detail;

18.

All dimensions necessary to confirm conformity to this title 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 both acres and square feet and shall include bearings and distances;

19.

The proposed location, direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles and luminaries;

20.

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

21.

The location and design of any off-street parking areas, showing sizes and locations of bays, aisles and barriers;

22.

All means of vehicular ingress and egress to and from the site onto public streets, showing the sizes and locations of driveways and curb cuts, including the proposed utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent difficult traffic situations;

23.

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

All existing and 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,

The location and extent of any proposed groundwater 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,

A map drawn to scale (minimum one inch equals one hundred (100) feet) showing the contributing area to each inlet or cross drain,

A weighted run-off coefficient for each drainage area shall be determined for use in the computations;

24.

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;

25.

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 borough, 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 borough, county and state agencies and the result of site evaluation tests, completed in accordance with the requirements and conditions prescribed by the board of health, including the date of approval by said board, shall be indicated on the plat or plan;

26.

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 borough 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;

27.

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;

28.

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;

29.

The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9;

30.

Certificate from the borough tax collector that all taxes and assessments are paid to date, and if the processing of the application extends into any subsequent tax quarter, a current certificate from the tax collector shall be required by the board before approval may be granted;

31.

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.

32.

For site plans involving new wireless telecommunications antenna towers, the following additional information shall also be provided:

The applicant must demonstrate that the facility owner(s) is (are) capable of ensuring continued site safety, timely maintenance and compliance with all applicable local, state and federal regulations.

Calculations of expected radio-frequency emission levels at the nearest structure in each direction from the proposed facility shall be provided.

A report shall be submitted providing the technical justification for the design and location of any proposed antennas and tower consistent with Section 16.12.090(J) of this title. Such report shall also include documentation of the structural integrity of all proposed installations and their compliance with applicable minimum safety requirements and margins as well as a description of the general capacity of the facility in terms of the number and type of antennas it can support.

A proposed landscaping plan demonstrating satisfaction of the requirements of Section 16.12.110 of this title.

A proposed lighting plan demonstrating satisfaction of the requirements of Section 16.12.090(J) of this title.

Proof of ownership of the proposed site or of authorization to utilize it in the form of a lease agreement or contract of sale, including any existing or proposed easements.

In the case of a new tower, a letter of commitment stating the intent and capacity to lease tower and equipment space to other users, including direct competitors, at prevailing rates and standard terms in compliance with the co-location requirements of Section 16.12.090(J) of this title. Such letter shall commit the tower owner and successors in interest and shall be recorded prior to the issuance of a construction permit.

A visual impact study:

Indicating the topography of the selected site relative to the surrounding areas;

ii.

Presenting elevations of the proposed new tower, or elevations of the existing building or structure on which an antenna or antenna array is proposed to be mounted, and elevations of all proposed accessory building(s) depicting all proposed antennas, platforms, finish materials, and other accessory equipment; and

iii.

Identifying locations within a three-mile radius of the site from which any proposed new tower will be visible.

A noise impact analysis, including measurements of existing sound levels at the property lines and projections of the anticipated sound levels after the proposed installation.

A historic impact analysis evaluating the effect of views of the proposed new tower on existing historic resources within the borough of Califon and indicating compliance with any applicable requirements of the National Register of Historic Places Act, 16 U.S.C.A. 470, as amended, and the regulations adopted pursuant thereto.

Environmental Impact Statement.

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 borough. 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:

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.

Any application for subdivision approval where ten (10) lots or less are involved and all applications for minor site plan approval shall not require an environmental impact statement unless specifically requested by the board.

All preliminary major subdivision applications for more than ten (10) lots and all preliminary major site plan applications shall be accompanied by an environmental impact statement unless specifically waived by the board.

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 borough pertinent to evaluation of regional impacts shall also be considered, including the borough's master plan and natural resources inventory. 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:

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:

Califon Borough master plan;

ii.

Califon Borough natural resources inventory;

iii.

Master plans of adjacent municipalities;

iv.

Hunterdon County master plan;

State development and redevelopment plan;

vi.

16.20.070 - Submission of final major subdivision plats and final major site plans.

Procedure for Submitting Final Plats and Final Plans. A final plat or final plan shall be submitted to the administrative officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the administrative officer at least fourteen (14) days prior to the regular meeting of the board: twenty-two (22) copies of the final major subdivision plat or final major site plan; twenty-two (22) copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to the ordinance codified in this title.

Details Required for Final Major Subdivision Plats and Final Major Site Plans. The following information shall be submitted:

All details required for preliminary major subdivision plats and preliminary major site plans;

All additional details required at the time of preliminary approval;

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:

An architect's design drawing of each building and sign or a typical building and sign showing front, side and rear elevations;

Cross-sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, including centerline geometry and horizontal alignments with bearings, radii and tangents;

Plans and profiles of all storm and sanitary sewers and water mains;

All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to five thousand (5,000) and the dimensions of all lot lines to within one to ten thousand (10,000). All dimensions, angles and bearings must be tied to at least two permanent monuments not less than three hundred (300) feet apart and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the U.S. Geodetic Survey System, with the data on the plat as to how the bearing were determined.

The final submission shall be accompanied by the following documents:

Certification from the borough tax collector that all taxes and assessments are paid to date, and if the processing of the application extends into any subsequent tax quarter, a current certificate from the tax collector shall be required by the board before approval may be granted;

Letters directed to the chairperson of the board and signed by a responsible official of the lighting agency, water company, sewer utility and of any other company or governmental authority of district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The designing engineer(s) shall certify to the board that the existing cross-section(s) and profile(s) have been run in the field and the field notes shall be forwarded to the borough engineer;

The applicant shall certify in writing to the board that he or she has:

Installed all improvements in accordance with the requirements of this title, and/or

ii.

Posted a performance guarantee in accordance with Section 16.24.020(D) of this title;

A statement from the borough engineer that all improvements installed prior to application have been inspected as provided in Section 16.24.020(F) of this title and that such improvements installed prior to application for final approval that do not meet or exceed borough standards shall be factored into the required performance guarantee.

Action by the Borough.

The board shall review the aforesaid application for the purpose of determining, within forty-five (45) days of its submission, whether said application is complete. Thereafter:

If said application is found to contain all of the information required herein, the board shall certify that said application is complete.

If said application is found to lack some of the information required herein, the board shall either:

Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

ii.

If the board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, the board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.

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 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 he or she 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 title, and/or may require such 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.

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

Planning board members: eleven (11) copies;

Hunterdon County planning board: two copies;

Planning board attorney: one copy;

Borough engineer: one copy;

Construction official: one copy;

Zoning officer: one copy;

Borough board of health: one copy;

Borough environmental commission: one copy;

Hunterdon County soil conservation district: one copy;

Borough tax assessor: one copy;

Borough clerk: one copy;

At the direction of the board, additional copies of the final plat or plan shall be sent by the applicant to other borough, county or state agencies or borough consultants as may be designated by the board.

The board shall take action on final site plan and final subdivision applications 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 final site plan or final subdivision application which includes any requested variance relief shall be acted upon within one hundred twenty (120) days or within such further time as may be consented to by the applicant.

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 borough engineer approve the final submission, such approval shall be noted on the plat or plan. If the board acts favorably on the final plat or plan, the borough engineer and the chairperson and secretary of the board (or the acting chairperson or secretary, where either or both may be absent) shall affix their signature to at least ten (10) paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such 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 ten (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 ten (10) days from the date of the adoption of a resolution in accordance with Section 16.20.020(E):

Administrative officer: one paper copy;

Borough engineer: one paper copy and, in the case of subdivisions only, one mylar copy drawn to the tax map scale of one inch equals one hundred (100) feet or one inch equals four hundred (400) feet, as directed by the borough engineer;

Construction official: one paper copy;

Borough tax assessor: one paper copy;

The applicant: one copy and, in the case of subdivisions only, one mylar copy;

Such other borough, county or state agencies and officials as directed by the board: paper copies.

Within ninety-five (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 county recording officer. In the event of failure to file within said ninety-five (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 ninety-five (95) days.

The board may extend the ninety-five (95) day or one hundred ninety (190) day period if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals as determined by the board. The developer may apply for an extension either before or after the original expiration date.

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 chairperson of the board on the plat or plan. The secretary of the board, within ten (10) days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

Effect of Final Approval.

Final approval of a major subdivision or major site plan shall confer upon the applicant the following rights for a period of two years from the date on which the resolution of final approval is adopted, provided that, in the case of a major subdivision, the plat shall have been duly recorded:

The zoning requirements applicable to the preliminary approval first granted and other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.

If the developer has followed the standards prescribed for final approval, the board may extend the period of protection for extensions of one year each, not exceeding three such extensions.

In the case of a subdivision of or site plan for a residential cluster of fifty (50) acres or more, conventional subdivision or site plan for one hundred fifty (150) acres or more, or site plan for development of a nonresidential floor area of two hundred thousand (200,000) square feet or more, the board may grant the rights referred to hereinabove for such period of time, longer than two years, as shall be determined by the board to be reasonable taking into consideration:

The number of dwelling units and nonresidential floor area permissible under final approval;

Economic conditions;

The comprehensiveness of the development.

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

The number of dwelling units and nonresidential floor area permissible under final approval;

The number of dwelling units and nonresidential floor area remaining to be developed;

Economic conditions;

The comprehensiveness of the development.

Whenever the board grants an extension of final approval pursuant to subsections (D)(1) through (3) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

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 the extension before what would otherwise be the expiration date of final approval or the ninety-first (91st) day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the board from granting an extension pursuant to subsections (D)(1) through (3) of this section.

(Ord. 1993-008 § 507)

16.20.080 - Checklists.

The request for checklists should be directed to:

The Planning Board/Board of Adjustment Secretary

Califon Planning Board/Board of Adjustment

Land Use Office

P.O. Box 368

Califon, NJ 07830

(908) 832-7850 ext. 203

(908) 832-6085

(Ord. 1993-008 § 508)

16.20.090 - Submission requirements for applications for development in the preservation area of the highlands region.

Applications for Development in the Preservation Area. No application for development (as defined pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) involving property located (or partially located) in the preservation area of the highlands region, for which application submission requirements apply under this section, shall be deemed complete or considered for review by the applicable borough land use board until and unless the applicant has obtained and provided a copy of:

A consistency determination from the highlands council indicating that the application is consistent with the highlands Regional master Plan;

A consistency determination from the highlands council indicating that the application is not consistent with the highlands regional master plan, accompanied by a certification, as detailed in Subsection B below, by the applicant's professional(s) that the application has been revised since review by the highlands council to achieve consistency with the highlands regional master plan; or

A highlands preservation area approval issued by the NJDEP.

Findings of Inconsistency. Where a highlands council consistency determination indicates that an application for development is inconsistent with the highlands regional master plan, no such application shall be deemed complete or considered for review by the applicable borough land us board, until or unless the applicant has obtained from the professional(s) responsible for preparation of the applicant's plans, a certification indicating that to the best of the knowledge and abilities of such professional(s), the plans have been revised to achieve consistency with the highlands regional master plan and specifically describing the revisions made to achieve such consistency. Any statement by the applicant's professional that their plan has been revised to be consistent with the highlands regional master plan without certification by the highlands council should be subject to the borough planning/zoning board's professional review.

Exclusions. The following specific improvements and related applications shall be excluded from the provisions of this section:

Any improvements to a single family dwelling in lawful existence as of the effective date of this section, provided that such improvement: a) is related and dedicated solely to the single-family residential use of either the dwelling or the property upon which it is situated; b) results in the ultimate disturbance of less than one (1) acre of land; and c) produces a cumulative impervious surface area of less than one-quarter (¼) acre.

The reconstruction, within the same foot print, of any building or other structure lawfully existing as of the effective date of this section, in the event of its destruction or partial destruction by fire, storm, natural disaster, or any other unintended circumstance.

The repair or maintenance of any building or other structure lawfully existing as of the effective date of this section. This exclusion shall not be constructed to permit repairs or maintenance activities that alter the foot print of such building or structure.

The interior improvement, rehabilitation, or modification of any building or other structure lawfully existing as of the effective date of this ordinance. This exclusion shall not be construed to permit activities that alter the footprint of such building or structure.

The attachment of signs or other ornamentation to any building or structure, to the installation of windows, doors, chimneys, vents, shafts, hearing, ventilation, or air conditioning equipment, or to any other such improvement to a building or structure provided it occupies a surface are footprint of not more than fifty (50) square feet. This exclusion shall not be construed to permit ultimate disturbance or cumulative impervious surface in excess of that provided at Subsection B.1, for single-family dwellings.

Any improvement or alteration to a building or other structure lawfully existing as of the effective date of this section, where such improvement or alteration is necessary for compliance with the provisions of the Americans with Disabilities Act, or to otherwise provide accessibility to the disabled.

Any activity, improvement or development project located (or partially located) in the preservation area for which a highlands applicability determination is not required as a pre-condition of NJDEP permitting, as provided pursuant to N.J.A.C. 7:38-2.4(b)l through 2.4(b)10.

Exemptions. Any activity, improvement or development project listed and demonstrated to constitute a highlands act exemption shall be exempt from the provisions of this section.

Demonstration of a highlands act exemption for an application for development involving lands located (or partially located) in the preservation area shall consist of a highlands applicability determination issued by the NJDEP pursuant to N.J.A.C. 7:38-2.4.

Waiver. The borough may issue a waiver from the provisions of this section where it can be established by the applicant and can be verified by the designated representative(s) of the borough that:

The activity, improvement or development proposed by the subject application for development has not yet been formally determined to be exempt from the Highlands Act, but eligibility for an exemption has been sufficiently established by the applicant; or

The activity, improvement or development proposed in the application for development will neither encroach upon a highlands resource or highlands resource area, nor be of detrimental impact to any highlands resource or highlands resource area as these are identified and delineated in the highlands regional master plan. The applicant's professional(s) responsible for preparation of the applicant's plan shall establish compliance of the above through a formal certification specifically addressing the highlands resources and resource areas and related policies and objectives as identified in Chapter 4 of the highlands regional master plan.

Highlands Council Call-Up. All municipal waivers or findings of application completeness issued pursuant to this section shall be subject to highlands council call- up review and the municipality shall specifically include conditions of this review consistent with this paragraph. In all such cases, the municipality shall within five (5) calendar days of issuance, provide notice to the applicant and to the highlands council of any waiver or finding of application completeness made pursuant to this section. The highlands council call-up review period shall expire fifteen (15) calendar days following its receipt of such notice. Absent any notice to the municipality from the highlands council within that timeframe, the application shall be considered complete, with the date of the waiver or application completeness to be as of the date of first issuance by the municipality. Upon determining to exercise this authority for call up review, the highlands council shall transmit notice to the applicant and the municipality.

Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and works used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

"Applicant" means any entity applying to the board of health, planning board, zoning board of adjustment, zoning officer, construction official or other applicable authority of the municipality for permission or approval to engage in any activity that requires an application for development.

"Application for development" means the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or direction of the issuance of a permits pursuant to section 35 or section 27 of P.L. 1975, c291 (C.40:55D-34 or C.40:55D036).

"Disturbance" means the placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.

"Disturbance, ultimate" means the total existing or proposed area of disturbance of a lot, parcel, or other legally designated (or otherwise legally recognized) tract or subdivision of land, for the purpose of, and in connection with, any human activity, property improvement or development, including the surface area of all buildings and structures, all impervious surfaces, and all associated land disturbances such as excavated, filled, and graded areas, and all lawn and landscape areas. Ultimate disturbance shall not include areas of prior land disturbance which at the time of evaluation: a) contain no known man-made structures (whether above or below the surface of the ground) other than such features as old stone rows or farm field fencing; and b) consist of exposed rock outcroppings, or areas which, through exposure to natural processes (such as weathering, erosion, siltation, deposition, fire, flood, growth of trees or other vegetation) are no longer impervious or visually obvious, or ecologically restored areas which will henceforth be preserved as natural areas under conservation restrictions.

"Highlands council" means the New Jersey Highlands Water Protection and Planning Council.

"Highlands Act" means the Highlands Water Protection and Planning Act, P.L. 2004, c.120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.

"Highlands applicability determination" means the determination made by the NJDEP of whether a project proposed for the preservation area is a major highlands development, whether any such major highlands development is exempt from the Highlands Act, and whether the project is consistent with the applicable areawide water quality management plan.

"Highlands area" means the portion of the municipality for which the land use planning and regulation are in conformance with, or are intended or proposed to be in conformance with, the highlands regional master plan.

"Highlands preservation area approval (HPAA)" means a permit to engage in a regulated activity in the highlands preservation area issued by the NJDEP pursuant to the Highlands Act and the NJDEP Highlands Water Protection Planning Act Rules (N.J.A.C. 7:38), including an HPAA that contains a waiver pursuant to N.J.S.A. 13:20-33b. Highlands preservation area approval includes highlands general permits issued pursuant to N.J.S.A. 13:20-33d and promulgated at N.J.A.C. 7:38-12 HPAA, when used in this section, includes highland's general permits unless explicitly excluded.

"Highlands region" means all that area within the boundaries of the municipalities listed in subsection a. of section 7 of the Highlands Act.

"Impervious surface" means any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, including but not limited to, porous paving, paver blocks, gravel, crushed stone, decks, patios, elevates structures, and other similar structures, surfaces or improvements.

"Impervious surfaces, cumulative" means the total area of all existing or proposed impervious surfaces situated or proposed to be situated within the boundary lines of a lot, parcel, or other legally recognized subdivision of land, expressed either as a measure of land area such as acreage, or square feet, or as a percentage of the total lot or parcel area.

"Municipal land use law (MLUL)" means the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

"NJDEP" means New Jersey Department of Environmental Protection.

"NJDEP preservation area rules" means the regulations established by the NJDEP to implement requirements of the Highlands Act, titled "Highlands Water Protection and Planning Act Rules," and codified at N.J.A.C. 7:38-1 et seq.

"Planning area" means lands within the highlands region not within the preservation area (N.J.S.A. 13:20-7).

"Plan conformance" means the process by which a municipality revises the master plan, development regulations and other regulations related to the development and use of land to conform them with the goals, requirements, and provisions of the regional master plan in accordance with the highlands plan conformance guidelines.

"Preservation area" means that portion of the highlands region so designated by subsection b. or section 7 of the Highlands Act.

"Regional master plan" means the Highlands Regional Master Plan or any revision thereof adopted by the highlands council pursuant to N.J.S.A. 13:20-8.

"Structure" means a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of a parcel of land.

(Ord. No. 2011-05, § 1, 12-19-2011)

16.20.100 - Requirements for the issuance of a zoning permit.

Wherever a zoning permit is required to be obtained, it shall be obtained from the borough zoning officer prior to the issuance of any applicable construction permit(s). The zoning permit shall confirm that all applicable requirements of the land development ordinance will be met. A zoning permit does not require site plan approval.

An application for a zoning permit shall include, as a minimum, a survey plan of the affected property showing all of the following information, which survey plan shall accompany a completed zoning permit application form:

All property lines and physical dimensions of the property;

The locations and dimensions of all existing structures on the property; and

The proposed location(s) and dimensions of the installations or structures requiring a zoning permit.

(Ord. No. 2013-06 , § 5, 9-16-2013)

Editor's note— Ord. No. 2013-06 , § 5, adopted September 16, 2013, amended the Code by adding new provisions to be designated as § 16.20.090. In order to prevent duplication of section numbers, the provisions have been added as § 16.20.100 at the discretion of the editor.