Chesterfield Township, NJ Zoning Ordinance

Chesterfield Township
City Zoning Code

ARTICLE XIV

Development Review Procedures and Plat Details

§ 130-92 Complete application and commencing applicable time periods.

An application for development or a variance shall be complete for purposes of commencing the applicable time period for action when the application is certified complete by the Administrative Officer. In the event that the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless:

(1)

The application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and

(2)

The Administrative Officer has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.

The applicant may request that one or more of the submission requirements be waived, in which event the Administrative Officer shall grant or deny the request within 45 days.

Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the application is entitled to approval.

The Approving Authority may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or revisions in the accompanying documents so required by the Approving Authority.

Attached to and made part of this chapter is an Appendix of Checklists,[1] which contains checklists for various types of applications for development and variances. There shall be submitted to the Approving Authority with every application for development a properly completed checklist or checklists, appropriate for each application for development for which approval is sought or required. No application for development or variance shall be complete unless and until such properly completed checklist(s) has been so submitted.

[1]

Editor's Note: Said Appendix of Checklists is on file in the Township offices.

§ 130-93 Provisions required for all submissions.

All applications for development or variance shall submit the following information in addition to any other information specific to the submission level:

A completed and signed application form, containing the following information:

(1)

Applicant's name, address, telephone, facsimile number (if any) and email address.

[Amended 7-25-2019 by Ord. No. 2019-16]

(2)

Owner's name, address, telephone, facsimile number (if any) and email address.

[Amended 7-25-2019 by Ord. No. 2019-16]

(3)

Interest of applicant in property.

(4)

Name, address, telephone number, facsimile number (if any), e-mail address (if applicable) of applicant's attorney (if represented) and professional representatives.

(5)

Street address of property.

(6)

Tax block and lot number(s) of property.

(7)

Zoning district in which the property is situated.

(8)

Description of property.

(9)

Description of proposed development.

(10)

Type of application and submission level.

The application fee and applicable escrow fee in accordance with Article XV.

A list of all variances or waivers requested, with reasons for such requests, citing the applicable section of the ordinance, excepting concept plans.

A certification from the Tax Collector's office that no taxes or assessments are due or delinquent on the subject property.

Proof of submission of application to the County Planning Board.

Affidavit of ownership and the consent of the owner for the filing of an application for development.

A certification of corporation or partnership interest pursuant to N.J.S.A. 40:55D-48.1 et seq., if applicable, excepting concept plans.

A copy of any existing protective covenants, easements or deed restrictions applying to or to be applied to the subject land, excepting concept plans.

The plat shall indicate the location and nature of any proposed easement and/or land dedicated or reserved for public use.

A list of all required regulatory approvals at the municipal, county, state and federal level of government and their status, excepting concept plans.

Plans legibly drawn at a scale no less than one inch equals 100 feet, except as otherwise permitted, with the tract oriented such that the North arrow points to the top of the sheet. All boundary distances shall be in feet and tenths of a foot. All bearings shall be given to the nearest 10 seconds. In the event that the entire tract cannot be contained on one sheet, multiple sheets may be submitted, provided that each sheet contains reference to adjacent sheets and the sheets are the same size. Details and profiles may be drawn on originals at a different size than the plat, provided that all prints submitted shall be of the same size.

Details to be placed on plans.

(1)

The name and address of the owner and applicant.

(2)

The name, signature, license or certification number, seal and address of architect, engineer, planner, land surveyor or landscape architect, as applicable, involved in the preparation of the plat or plan.

(3)

Title block denoting the type and level of submission, Tax Map sheet, block and lot number(s), name of county and municipality and street location.

(4)

A key map drawn at a scale no less than one inch equals 2,000 feet showing the location of the tract with reference to the surrounding properties, streets, municipal boundaries and watercourses within 500 feet of the subject parcel.

(5)

A listing of property owners, addresses and block/lot numbers within 200 feet of the subject property.

(6)

A schedule of the required and proposed zoning district regulations, including but not limited to the lot size, lot width, street frontage, yard setbacks, open space requirements, parking requirements and lot coverages.

(7)

Lot numbers as assigned by the Tax Assessor.

(8)

A North arrow, scale and graphic scale (key map and plans shall both be oriented the same direction).

(9)

A copy of the current Zoning Map depicting the subject tract and the surrounding properties within 500 feet of said parcel.

(10)

Date of plan and/or survey and any revision date.

(11)

A computer disk of the proposed subdivision (or site) plan compatible with GIS Arc/View.

Conformity required. Whenever an application for development to the Approving Authority is permitted or required by this article, it shall be in such form and accompanied by such maps, documents and materials as are prescribed by this article and shall be submitted to the Administrative Officer in such numbers as is prescribed herein. No development or variance application shall be deemed complete for submittal unless it conforms to the form, content and data requirements of this article and any other applicable provisions of this chapter. No application shall be accepted unless it is filed on the official application forms of the Township. The standards for submission contained in this article shall be considered the minimum requirements for the promotion of the public health, safety and general welfare.

Requirement for cultural resources survey. Any development application involving property within the sewer service receiving area shall submit a Stage I cultural resources survey in accordance with industry standards, New Jersey Department of Environmental Protection regulations, and the requirements issued by the Municipal Finance and Construction Element, Bureau of Program Development and Technical Services. All requirements concerning the survey and submission of resulting reports shall be completed in accordance with N.J.A.C. 7:22-10.8 and the archaeological proposal approved by New Jersey Department of Environmental Protection. The Planning Board may make this requirement a condition of approval; however, the survey shall be completed prior to commencement of any on-site work.

[Added 7-10-2003 by Ord. No. 2003-12]

Proof of Historic Preservation Commission Ordinance compliance. For any and all properties subject to the provisions of Chapter 123 of the Code, establishing the Historic Preservation Commission ("HPC") and governing properties within historic districts and/or treated as historic landmarks, the applicant shall provide evidence that the applicant has submitted the matter to the HPC for its review and recommendations, and/or that the applicant will submit to the HPC at a pre-condition to having the matter reviewed by the Planning Board. Pursuant to the Historic Preservation Commission Ordinance, the HPC will review the matter and report promptly to the Planning Board. It is the goal of this subsection that the HPC will review the matter within the same time frame as the Administrative Officer has to determine completeness; but in the event the HPC is not able to do so, the application may either be deemed incomplete by the Administrative Officer, or may be treated as conditionally complete, subject to receipt of the recommendations of the HPC.

[Added 10-27-2016 by Ord. No. 2016-14]

§ 130-94 Permissible division of responsibility for plan preparation.

All plans and documents submitted shall be signed and sealed by the appropriate licensed or certified professional.

§ 130-95 Corporate owners and partnership disclosures.

A corporation or partnership applying for permission to subdivide a parcel of land into six or more lots or for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in the partnership, subject to the above disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion described herein have been listed. Neither the Approving Authority nor the governing body shall approve the application of any corporation or partnership which does not comply with this requirement pursuant to N.J.S.A. 40:55D-48.1 and 40:55D-48.2, as amended.

§ 130-96 Standards for review of applications.

Development plans shall be so designed as to enhance the general appearance of the Township and to promote the harmonious use of land; to lessen congestion in the streets; to secure safety from fire, panic or other dangers; to promote the general health, safety and welfare; to provide adequate light and air; to prevent the overcrowding of land and buildings by an undue concentration of population; to encourage creative development and design consistent with the policies of the Master Plan of the Township of Chesterfield and the regulations promulgated herein. Applications for development shall be reviewed and approvals given or withheld based on whether the development meets the standards for development contained within this chapter as interpreted to advance the specific objectives set forth below:

Character of the land. All development shall permit and encourage only those uses of the land which, through the standards adopted in this chapter, provide for flexibility in planning and development and that respect the natural character of the land, the drainage system, soil capabilities, groundwater and aquifer recharge quality and to include only those uses that are compatible with allowed uses in the zoning district and existing uses on adjacent lands. Such compatibility shall be determined on the basis of inventories of the natural features of the site, plans indicating the physical relationship among types of uses and any natural or man-made barriers, existing or planned, between different uses both within and adjacent to the proposed development and sufficient information to determine the effect of such development upon the quality of life of the Township of Chesterfield.

Relationship to Chesterfield Master Plan. All developments shall be planned and designed to achieve the goals and objectives for land development as are or may be set forth in the Chesterfield Township Master Plan duly adopted by the Approving Authority with regard to conservation, historic preservation, community facilities, recreation, open space, recycling, affordable housing, utility distribution, circulation, scenic roads land use, fiscal impact, economic development and the goals for development of adjacent municipalities, Burlington County and the state.

Relationship to Township development patterns. All development shall be planned and designed to achieve the Township goals of permitting and encouraging a population density and a development pattern in the municipality that facilitates the provision of public utilities and services, including public water and public sewerage, storm drainage systems, recreation areas, public schools, state, county and local roads, in an orderly, functional and economical manner.

Conservation of open space. Common open space and adequate recreation areas shall be set aside in suitable locations to provide for the recreation needs of the residents and the owners of the development and those portions of the project that, because of their natural features, constitute important visual amenities and environmental resources. Development is intended to create after completion a continuity of open space resulting from the integration of upland, wetland, floodplain and surface water areas in accordance with the goals and objectives of the Master Plan.

Appearance and aesthetic control. All development shall be planned and designed to promote and achieve aesthetically pleasing views from and to various land uses. The creation and promotion of such aesthetic conditions shall strengthen and preserve the municipality's unique environmental heritage and promote the civic pride, prosperity and general welfare of the residents of the development, the municipality and visitors thereto.

Review guidelines. The following guidelines shall be used in the review of any application for development or conditional use:

(1)

Regard for natural features. All residential and nonresidential uses shall be designed with regard to the topography and natural features of the site. The effects of prevailing winds, seasonal temperatures and hours of sunlight on the physical layout and form of the proposed buildings shall be taken into account. Special consideration shall be given to the preservation of natural features, including large trees, stands of specimen vegetation, groves, waterways, aquifer recharge areas, scenic, paleontological, steep slopes, ridge tops, scenic roads, archaeological, cultural and historic sites and other community assets within site area and the reduction of impacts on wildlife. The development shall be designed and programmed so as to minimize tree clearance and the destruction of natural amenities associated with the same.

(2)

Siting of buildings. All housing and supporting uses shall be sited so as to enhance privacy for residential uses, ensure natural light for all principal residential rooms and, to the greatest extent possible, be designed to promote passive solar energy technology. Buildings layout shall be reviewed for arrangement, efficiency and aesthetic quality.

(3)

Relationship to community facilities. Housing shall be conveniently served by community facilities and open space.

(4)

Circulation. The pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, the movement of people, goods and vehicles from access roads within the site, between buildings and between buildings and vehicles. In particular, the Approving Authority shall ensure compliance in site design with the Americans with Disabilities Act, as it may be amended or superseded. The Approving Authority shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site. The circulation shall be consistent with Township, county and state requirements.

(5)

Open space. Open space within all planned unit developments shall be planned and designed to achieve the Township goal of ensuring that adequate recreation areas are set aside in suitable locations to provide for the recreation needs of the residents and owners of the planned unit development and that those portions of the Township that, because of their natural features, constitute important visual amenities and environmental resources are maintained in accordance with sound conservation practice.

(6)

Landscaping. Landscaping shall be reviewed for the ability to integrate the site elements of topography, water, buildings, parking and loading areas and the buffering of incompatible uses. Landscaping shall be reviewed for diversity, including species, function, sculpture, fencing, walls and other landscaping elements.

(7)

Lighting. Adequate lighting for the function of the site shall be reviewed for the safe movement and security of persons and vehicles. Particular attention shall be made to the minimization of glare and impact upon adjacent property.

(8)

Signs. Signs shall be evaluated for the aesthetics of their design and their harmony with other signs on-site and off-site. The location of signs shall be reviewed for the purpose of removing any hazard to pedestrians or vehicles.

(9)

Utilities, solid waste management and recycling. Storm drainage, sanitary and solid waste disposal, including recycling, water supply, electricity supply, telephone and cable television service shall be reviewed and considered. Emphasis shall be given on the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately provide for the development's needs.

(10)

Compatibility of residential and nonresidential development. Applications for development and conditional uses shall be designed to assure the compatibility of residential and nonresidential uses by:

(a)

Providing commercial uses with appropriate space and, in particular, sufficient depth from a street to satisfy the needs of contemporary uses including the provision of adequately landscaped off-street parking, buffer areas between commercial and residential use areas, pedestrian and bicycle circulation systems connecting the commercial uses to office, residential and open space uses.

(b)

Protecting nonresidential development and nearby residences against fire, explosions, toxic and noxious matter, radiation and other hazards and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences.

(c)

Protect residential and nonresidential development from the noise, exhaust emissions and other negative aspects of congestion of vehicular traffic.

Agricultural retention. The Township of Chesterfield is committed to the preservation of the industry of agriculture within the community. Development which is inconsistent with this goal is to be discouraged. In each application the applicant must be prepared to examine how the proposed development is consistent with attaining this goal and should not be expected to materially interfere with such a land use in the future.

§ 130-97 Informal review/concept plan.

[Amended 7-25-2019 by Ord. No. 2019-16]

An informal submission is optional and may be held with the professional staff with reference to any informally prepared plat of sufficient accuracy to be used for the purpose of discussion. The purpose of such a discussion is to review development concepts in order to assist the applicant in the preparation of subsequent plans. No decisions will be made and no formal action taken on an informal discussion. Discussions and recommendations shall be informal and shall not be binding on the professional staff or applicant.

The data included on an informal submission of a site plan shall include sufficient basic data to enable the professional staff and the applicant to comment upon design concepts, such as building location, ingress and egress, parking, major natural features that will have to be recognized or may influence certain design criteria and the applicant’s basic intent for water, sewage treatment and storm drainage facilities. Informal submissions should be sketches to scale of possible plan(s) for development. They are not binding on the municipality or upon the developer. Precise engineered drawings are not necessary.

§ 130-98 Minor subdivision and minor site plan approval.

Criteria. Applications shall be classified either as minor subdivisions or minor site plans only upon meeting the definitional requirements in Article II.

Submission requirements. In addition to the requirements set forth on the submission checklist, see § 130-108, the applicant shall file:

(1)

Proof of submission to the County Planning Board.

(2)

The required application and escrow fees.

(3)

Certification from the Township Tax Collector that no real estate taxes or assessments for local improvements are delinquent.

If the application is complete, the Approving Authority shall approve or deny the application or approve it conditionally on terms ensuring the provision of improvements under this chapter.

Approval of a minor subdivision shall be considered final approval which shall expire 190 days from the date of approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Approving Authority (or the Vice Chairman or Assistant Secretary, respectively, in their absence). All conditions upon which approval is granted shall be adequately noted on the plat or described in the deed prior to signing by such Approving Authority officials. In reviewing the application for development for a proposed minor subdivision, the Approving Authority may accept a plat not in conformity with the Map Filing Law, provided that, if the developer chooses to file the minor subdivision plat rather than record a deed therefor, such plat shall conform with the provisions of the Map Filing Law.

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

The Approving Authority may extend the one-hundred-ninety-day period for filing minor subdivision plat or deed pursuant to Subsection D of this section if the applicant proves to the reasonable satisfaction of the Approving Authority that the applicant was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and that the applicant applied promptly for and diligently pursued 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 Approving Authority. The applicant may apply for the extension either before or after what would otherwise be the expiration date.

The Approving Authority shall grant an extension of minor subdivision approval for a period determined by the Approving Authority but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Approving Authority that the applicant 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 applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later.

§ 130-99 Preliminary major subdivision plats and preliminary major site plans.

The recommendations, if available, of the County Planning Board and those of all other agencies and officials to whom the preliminary plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the Approving Authority acts favorably on the preliminary plat or plan, the Chairman and Secretary of the Approving Authority (or the Acting Chairman or Secretary, where either or both may be absent) and the Municipal Engineer shall affix their signatures to at least 10 copies of the plat or plan with the notation that it has been approved.

(1)

Should minor revisions or additions to the plat or plan be deemed necessary, the Approving Authority may grant preliminary approval subject to specified conditions and receipt of revised plat or plan. Should major revisions be deemed necessary, the Approving Authority shall require that an amended plat or plan be submitted and acted upon as in the case of the original application for preliminary approval.

(2)

If the Approving Authority, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Approving Authority to that effect on the plat or plan and a resolution adopted setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of such determination.

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

(1)

(2)

That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plat or plan; and

(3)

That the applicant may apply for and the Approving Authority may grant extension on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

The Approving Authority shall give priority to and expedite development applications which include dwelling units set aside for low- and moderate-income households.

§ 130-100 Preliminary approval: site plans and major subdivisions.

Preliminary site plan approval and/or preliminary major subdivision approval shall be obtained at or prior to the time final approval is obtained.

(1)

The applicant shall provide:

(a)

The required application and escrow fee.

(b)

Certification from the Township Tax Collector that no real estate taxes or assessments for local improvements are delinquent.

(c)

Three copies of any additional documents required in connection with the application.

(2)

Following any required hearing, the Approving Authority may approve, disapprove or approve with conditions the application for preliminary approval. If the Approving Authority grants preliminary approval, its Chairman, Secretary and Township Engineer shall sign the plat indicating the approval.

Preliminary approval rights. Preliminary approval shall, except as provided in Subsection B(4) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.

(1)

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

(2)

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat.

(3)

That the applicant may apply for and the Approving Authority may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

(4)

In the case of a subdivision or site plan for an area of 50 acres or more, the Approving Authority may grant the rights referred to in Subsection B(1), (2) and (3) above for such period of time longer than three years as shall be determined by the Approving Authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for and the Approving Authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Approving Authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

(5)

Whenever the Approving Authority grants an extension of preliminary approval pursuant to Subsection B(1) and (2) above in this section and preliminary 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 applicant may apply for the extension either before or after what would otherwise be the expiration date.

(6)

The Approving Authority shall grant an extension of preliminary approval for a period determined by the Approving Authority but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Approving Authority that the applicant 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 applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Approving Authority from granting an extension pursuant to Subsection B(3) and (4) of this section.

§ 130-101 Final major subdivision plats and final major site plans.

Procedure for submitting final plats and final plans.

(1)

A final plat or plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof.

(a)

The applicant shall submit a complete application to the Administrative Officer at least 10 days, but no more than 14 days, prior to the next regularly scheduled meeting of the Approving Authority. The Approving Authority will schedule the matter for consideration after the application has been declared complete.

(b)

Required copies for Planning Board and Zoning Board of Adjustment. Twenty copies each of the final major subdivision plat and the application and 20 each of the final major site plan and the application; and a fee in accordance with § 130-110 of this chapter.

(2)

The Administrative Officer shall retain one copy each of the final major subdivision plat or final major site plan and the completed application and shall distribute the remaining as indicated in § 130-125A(2) of this chapter.

(3)

The final plat shall be accompanied by letters directed to the Chairman of the Approving Authority and signed by responsible officer of the water, sewer, gas, telephone and electric company that has jurisdiction in the area. Such letters shall indicate the general approval of the applicant's design, the proposed construction entity responsible for each proposed utility installation and eventual ownership (if applicable).

(4)

The final plat shall be accompanied by a statement by the Township Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation; that he has examined the drainage, erosion, stormwater control and excavation plans and found that the interests of the Township and of nearby properties are fully protected, and identifying those portions of any improvements already installed; and that the developer has either:

(a)

Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval and posted a maintenance guaranty with the final plat in accordance with this chapter; or

(b)

Posted a performance guaranty in accordance with this chapter and the preliminary plat approval for all partially completed improvements or improvements not yet initiated and either posted a maintenance guaranty for the completed improvements in accordance with § 130-115 or agreed to post a maintenance guaranty in accordance with § 130-115 at such time as the improvements requiring such maintenance guaranty are completed.

(c)

A statement from the Municipal Engineer that all improvements installed prior to application have been inspected as provided in § 130-115 of this chapter and that such improvements meet the requirements of the municipality. Any improvements installed prior to application for final approval that do not meet or exceed municipal standards shall be factored into the required performance guaranty. An as-built plan, showing the exact location of all improvements, including utilities and their elevations, shall be required.

Details required for final subdivision plats.

(1)

All details stipulated in accordance with the checklist of this chapter.

(2)

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

(3)

Detailed engineering data including:

(a)

Cross sections, profiles and established grades of all streets, aisles, lanes and driveways, as approved by the Municipal Engineer.

(b)

Plans and profiles of all storm and sanitary sewers and water mains, as approved by the Municipal Engineer.

(c)

All dimensions of the exterior boundaries of any subdivision shall be balanced and closed with an error closure of 1 to 10,000 and the dimensions of all lot lines to within 1 to 20,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart and all information shall be indicated on the plat or plan. At least one corner of the subdivision shall be tied to United States Geological Survey benchmarks with data on the plat or plan as to how the bearings were determined.

Details required for final site plans.

(1)

All details stipulated in accordance with the checklist of this chapter.

(2)

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

(3)

Detailed engineering data.

(4)

Architect's renderings of each building or a typical building and design showing front, side and rear elevations.

Action by the municipality.

(1)

Should either the Administrative Officer or the Approving Authority determine that the application is incomplete, the Administrative Officer, within 45 days from the date of submission of the application, shall notify the applicant, in writing, of the reasons for such a determination and the applicant may thereafter submit an appropriately revised application to the Administrative Officer as in the first instance. If the Administrative Officer neither certifies to the applicant that the application is complete nor notifies the applicant, in writing, that the application has been determined incomplete, then the applicant shall be considered certified complete and the time period for action by the Approving Authority shall commence.

(2)

If the Approving Authority acts favorably on the final submission, the Chairman and the Secretary of the Approving Authority (or the Acting Chairman and Secretary where either or both may be absent) shall affix their signatures with a notation that it has been approved. The applicant shall furnish such copies to the Approving Authority for signing. In the case of final subdivisions only, the applicant shall include at least two Mylar copies of the approved plat or plan. The Approving Authority shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.

(3)

After approval of the final plat or plan by the Approving Authority, nine copies of the signed plat or plan shall be furnished by the Secretary of the Approving Authority to the appropriate agencies. An approved final plat shall be signed by the Chairman and Secretary of the Approving Authority (or the Vice Chairman or assistant Secretary in their absence, respectively).

(4)

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

(5)

If the Approving Authority, after consideration and discussion of the final submission, determines that it is unacceptable, a notation shall be made by the Administrative Officer to that effect on the plat or plan and a resolution adopted setting forth the reason for such rejection. One copy of the plat or plan and the resolution shall be returned to the applicant within 10 days of such determination.

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

(1)

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

(2)

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

(3)

Whenever the Approving Authority grants an extension of final approval pursuant to Subsection E(1) and (2) above in 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 applicant may apply for the extension either before or after what would otherwise be the expiration date. The applicant may apply for an extension either before or after what would otherwise be the expiration date.

(4)

Staging plan. For any area that will be developed in stages, the Approving Authority may require the developer to submit a total development plan in such detail as required by the Approving Authority. Developers of large uses may request and the Approving Authority may approve the construction of such uses in stages, provided that the plan is accompanied by a staging plan showing the following:

(a)

The anticipated date for commencing construction of each stage. The staging of development on the tract shall be such that if development of the tract were discontinued after the completion of any stage, the developed portion of the tract would comply in all respects to the requirements of this chapter and be provided with adequate drainage, street and utility systems.

(b)

Those improvements that will be completed in each stage prior to application for Certificate of Occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied building on the tract and adjoining properties.

(c)

Written descriptions of the proposed operation in sufficient detail to indicate the effects of the proposed use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. For nonresidential uses, the written description shall also include the hours of operation of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.

§ 130-102 Conditional uses, variances and other development regulation approval.

Conditional use approval, variances and directions for issuance of a permit for a building or structure in the bed of a mapped street, public drainageway, flood control basin or reserved public area, shall be obtained under the provisions of the Municipal Land Use Law and this chapter and as provided by any rules and regulations adopted by the Approving Authority which are consistent with this chapter and the Municipal Land Use Law.

All applications shall be accompanied by plat(s). If subdivision and/or site plan approval are also being requested, the plats shall be accompanied by all supporting documents as required for subdivision/site plan approval.

§ 130-103 Time for decision.

An Approving Authority shall grant or deny an application for development within the number of days described below after a determination of completeness (see § 130-92) unless the applicant has consented, in writing, to an extension of time.

Time periods are as follows:

(1)

Minor subdivision: 45 days.

(2)

Preliminary major subdivision for 10 or fewer lots: 45 days.

(3)

Preliminary major subdivision for more than 10 lots: 95 days.

(4)

Preliminary site plan for 10 acres of land or less and 10 dwelling units or fewer: 45 days.

(5)

Preliminary site plan for more than 10 acres or more than 10 dwelling units: 95 days.

(6)

Application for final major subdivision or final site plan approval: 45 days.

(7)

Conditional use permit: 95 days.

(8)

As to combined applications:

(a)

Conditional use permit and site plan approval: 120 days.

(b)

Subdivision approval and/or conditional use permit and/or site plan approval: 120 days.

(c)

Subdivision, site plan or conditional use approval and zoning variance(s) or direction pursuant to N.J.S.A. 40:55D-60, Subdivision b or c: 120 days.

(d)

In the event that the developer elects to submit separate consecutive applications, as permitted by the Municipal Land Use Law, the one-hundred-twenty-day provision, if applicable, shall apply to the application for approval of the variance or direction for issuance of a permit under N.J.S.A. 40:55D-60, Subdivision b or c, and the time period for the subsequent approval shall be as otherwise provided for the subdivision, site plan or conditional use, as the case may be.

(e)

Where the application involves an appeal from the decision of an administrative officer, a conditional use permit or variance or for direction pursuant to N.J.S.A. 40:55D-76, Subdivision a, or a combination of these: 120 days.

Where a development in the R-1A, R-2 or TH-V Districts including low- and moderate-income housing is involved, the Approving Authority shall endeavor to expedite consideration of the application (with the cooperation of the applicant) as, for example, by placing consideration of the application first on the agenda (provided that other applicant's rights are not impaired) and by expediting the review of the submissions.

Failure of the Approving Authority to act within the required time period shall constitute a decision favorable to the applicant. A certificate of the Secretary of the Approving Authority as to the failure of the Approving Authority to act shall be sufficient in lieu of the written endorsement or other evidence of approval required by the Municipal Land Use Law and shall be so accepted by the County Recording Officer for purpose of filing subdivision plats.

§ 130-104 Plat design standards and accompanying information.

Minor subdivision plat. The plat for a proposed subdivision shall be based on an actual survey prepared by a land surveyor licensed in the State of New Jersey, shall have his seal affixed thereto, shall be drawn at a scale of not less than 200 feet to the inch and shall be of such size as to comply with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. All minor subdivision plans shall show or include the following information.

(1)

The location of that portion which is to be subdivided in relation to the entire tract.

(2)

All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof, showing the distance of any structure from any new lot line established by the subdivision.

(3)

The name of the owner and of all adjoining property owners as disclosed by the most recent Township tax records.

(4)

The Tax Map sheet, block and lot numbers identifying any lot which, at this stage, is intended to be restricted to low- and moderate-income housing.

(5)

Area of each lot in acres to the nearest hundredth of an acre and in square feet.

(6)

If more than one lot is proposed or if lots have been subdivided previously on the same property, each lot shall be shown and designated by number, letter or other identification.

(7)

The bearings and distances of all lot lines.

(8)

Metes and bounds description showing dimensions, bearings, curve data, radii, arcs, chords and central angles for all center lines and rights-of-way, lines.

(9)

Street frontage in feet.

(10)

All streets and roads within 500 feet of the subdivision.

(11)

Official name of street on which the property is situated.

(12)

Proposed future streets and sight triangle easements.

(13)

The location, width and direction of flow of all streams, brooks, drainage ditches and culverts in the tract to be subdivided and within 200 feet of the tract to be subdivided.

(14)

Zoning district in which the property is situated. If the proposed subdivision is within more than one district, the zoning district line shall be shown and the most accurate information available as to the measurements within each district shall be included on the plat.

(15)

When the subdivision is submitted for approval as a minor subdivision, information on soil testing needs to accompany the plan. No such data are required when the sewage is to be discharged into an existing central sewage treatment system. All plats shall show the location of any existing potable water supplies and existing or proposed septic systems now on the tract, including soil borings and permeability tests.

(16)

All floodway or flood hazard areas and wetlands shall be shown and designated.

(17)

The location and width of all existing and proposed utility easements in the area to be subdivided.

(18)

Where appropriate, New Jersey plane coordinate system. Otherwise, submit deed book and page of reference meridian.

(19)

Graphic and numeric scale of plat.

(20)

Observations by a professional engineer regarding drainage conditions related to the proposed subdivision which may affect municipal facilities and neighboring properties.

(21)

Contours as shown on United States Geological Survey topographic maps.

(22)

Slopes between 15% but less than 25% and slopes 25% or greater.

(23)

Existing well and septic locations.

Preliminary subdivision plat.

(1)

The preliminary plat shall be designed, drawn and signed by a professional person who is duly licensed by the state Board of Professional Engineers and Land Surveyors in accordance with N.J.S.A. 45:8.[1] The preliminary plat and any engineering documents to be submitted may be in tentative form for discussion purposes.

[1]

Editor's Note: See N.J.S.A. 45:8-27 through 45:8-48.

(2)

The preliminary plat shall be clearly and legibly drawn at a scale of not less than one inch equals 100 feet and shall be shown or be accompanied by the following information:

(a)

A key map showing the entire subdivision and its relation to the surrounding areas: a scale of one inch equals 400 feet is recommended. If available, submission of computer disk of CAD release 13 or higher, of the key map.

(b)

Name of the subdivision, reference meridian, graphic scale and names and addresses of:

[1]

Owner(s) of record;

[2]

Owners of adjoining land;

[3]

Subdivider or his agent; and

[4]

Professional person(s) who prepared the plat.

(c)

Date of original submission and of each subsequent revised submission.

(d)

Subdivision boundary line in heavy solid line and acreage of tract to be subdivided to the nearest tenth of an acre.

(e)

Zoning district(s) in which the subdivision is situated. If the proposed subdivision is within more than one district, the zoning district line shall be shown and the most accurate information available as to the measurements within each district shall be included on the plat.

(f)

Total number of proposed lots.

(g)

Prior to submission of a preliminary plat, the applicant shall furnish the Township Assessor with two blackline or blueline on white prints of the plat upon which the Assessor will designate the appropriate block and lot numbers. The applicant shall then prepare the plans showing these block and lot numbers.

(h)

Location of existing and proposed lot lines, buildings and other structures located on the tract and within 200 feet of its boundaries, including the location of lot(s) on which low- and moderate-income housing units are proposed to be constructed, streets, high tension power lines, gas, petroleum and other transmission lines, bridges, culverts and any natural features such as wooded areas to the proper scale, width and direction of all streams, brooks, drainage structures and drainage ditches on the tract and within 200 feet of its boundaries.

(i)

Lot layout showing the lot lines and dimensions to the nearest foot, the street frontage of each lot in feet and dashed or dotted lines showing the front, side and rear setbacks.

(j)

All streets and culs-de-sac to be constructed on the tract, including locations, proposed street names, right-of-way widths, paving widths, tentative center-line elevations at intersections and other critical points and center-line gradient shown in percent of slope. Cross sections at fifty-foot intervals and center-line profiles for all proposed new streets.

(k)

All proposed street names shall be forwarded to the Township Committee for approval.

(l)

A detailed intersection plan shall be drawn at a scale of one inch equals 30 feet showing existing conditions and the design, grade and location of the items required for drainage, curbs and streets. The profile of the intersecting streets shall be shown for a distance of 300 feet on either side of the intersection.

(m)

Each plat shall delineate those areas having steep slopes and those areas having critical slopes. Existing and proposed contours at two-foot intervals shall be shown for areas with less than 15% slope and five-foot intervals for areas with 15% or greater slopes. For tracts containing slopes in both categories, the developer shall show every ten-foot contour with a wider line. In instances where there is more than one slope category, the Approving Authority may allow some other satisfactory contour intervals and topographic data to meet the objectives of this section. All elevations shall be related to a bench mark noted on the plan and wherever possible be based on United States Geological Survey mean sea level datum. The Approving Authority may waive contour requirements on portions of lots greater than one acre in areas where the topographic data, because of the terrain or the absence of any proposed improvements or other conditions, would not contribute to the Approving Authority's determination.

(n)

Location of wetlands, ponds, streams and land subject to periodic or occasional flooding or similar conditions on the tract and within 200 feet of its boundaries; floodways or flood hazard areas as defined herein.

(o)

Stormwater drainage system plan showing location of inlets and manholes; invert elevations and gradients; and sizes, types and materials of pipes to installed.

(p)

All required design data supporting the adequacy of existing and proposed facilities, including a copy of drainage computations, together with a marked up plan showing the associated and contributing watersheds.

(q)

Location of any recorded right-of-way or easement on the subdivision or within 200 feet of its boundaries, with identification of such easement.

(r)

Septic and well locations on the subdivision or within 200 feet of its boundaries. Soil borings and permeability test results shall be shown on the plan.

§ 130-105 Additional requirements.

Dedication of right-of-way. No subdivision or site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be deeded by easement to the municipality or other appropriate governmental agency.

Additional information. The Approving Authority 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 surrounding area. Such information may include, but not be limited to, drainage calculations and traffic analysis.

Affordable housing restrictions. Proposed deed restrictions and all other documentation required by this chapter or the Affordable Housing Ordinance, as amended with respect to low- and moderate-income housing shall be submitted by any applicant for approval of a development in which there is a requirement that dwelling units be set aside for such housing.

§ 130-106 Environmental impact statement.

Environmental impact statements, when required, shall include the following information:

General provisions. The impact of 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 these problems. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the project, the nature of the site and the location of the project. Therefore, having determined that flexibility is needed in preparing the environment impact statement, the requirements for such a document pertaining to different types of development applications are listed below:

(1)

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.

(2)

A variance application not involving a site plan or subdivision application shall not require an environmental impact statement unless specifically requested by the Approving Authority. The Approving Authority shall inform the applicant regarding any additional information that may be required.

(3)

Any minor subdivision and/or minor site plan applications to the Approving Authority shall not require an environmental impact statement unless specifically requested by the Approving Authority. The Approving Authority shall inform the applicant regarding any information that may be required.

(4)

All preliminary major subdivision and/or preliminary major site plan applications shall be accompanied by an environmental impact statement.

Submission format. When an environmental impact statement is required, the applicant shall retain qualified professionals to perform the necessary work. The qualifications of the individual(s) preparing the report shall be submitted. The applicant shall use the Township's Geographic Information System (GIS) containing the inventory of environmental factors to present an overview of the natural limitations of the site and to guide the layout of the proposed development. All environmental impact statements shall consist of written and graphic materials which clearly present the required information addressing the following areas and utilizing the following format:

(1)

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, how they are to be considered 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:

(a)

Municipal Master Plan, especially the land use and open space elements.

(b)

Master Plan of adjacent municipalities, if applicable.

(c)

Burlington County Master Plan.

(d)

Regional and state planning guides, including the State Development and Redevelopment Plan.

(e)

§ 130-107 Community impact statement.

Community impact statements, when required, shall conform to the following provisions:

When required. All applications for preliminary major subdivision approval where more than 10 lots are proposed and all applications for preliminary major site plan approval shall be accompanied by a community impact statement analyzing the proposed development and its expected impacts upon existing municipal facilities and services.

Submission format. When a community impact statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. All applicable material on file in the municipal offices pertinent to local conditions may be consulted. Any additional material pertinent to the evaluation of regional impacts shall also be considered. All community impact statements shall consist of written and graphic materials which clearly present the required information addressing the following areas:

(1)

Population impact. An analysis of the number of people expected to be added to the municipal population as a result of the proposed development according to the following age cohorts: pre-school-aged children, school-aged children, parents of family-bearing age, middle-aged adults and retired people.

(2)

School impact. An analysis of the anticipated number of pupils who will be added to the student population in the municipality and the ability of the existing public school facilities to absorb the expected student population during a ten-year time period. Should expanded or new school facilities and/or increased teaching staff be required, the expected cost for such additions shall be specified.

(3)

Facilities impact. An analysis of the existing facilities available to serve the proposed development and the impact of the development upon the facilities, including the adequacy of existing public water facilities; public sewerage facilities; adequacy of groundwater; septic disposal; recreational facilities; and library facilities. Should such facilities be determined inadequate to serve the proposed development, the remedies, either expected or proposed by the applicant, shall be indicated along with the estimated costs for such additional facilities and who, in the opinion of the applicant, should pay for them.

(4)

Services impact. An analysis of the existing services provided by the municipality to serve the proposed development and the impact of the development upon services, including police protection, fire protection, solid waste disposal and street maintenance services.

(5)

Traffic impact. An analysis of the existing road network available to serve the proposed development as well as the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development, including the capacity of the existing and proposed roadways; the anticipated traffic volumes as a result of the proposed development as well as the increase in traffic volumes expected from other developments within the area; and any problem spots in the overall road network including unsafe intersections, turns or grades. This information may be submitted in a separate document.

(6)

Financial impact. An analysis of the revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be shown for the municipality, the municipal school systems and the county.

Action by the municipality. The Approving Authority shall review the reports from the professional planner, Municipal Engineer, the public safety entities including Police and Fire Departments, the Municipal Board of Health, the Municipal Tax Collector, the School Board, the Burlington County Planning Board, the Historic Advisory Preservation Committee and any other group or individual which has received the plat or plan at the request of the Approving Authority and shall either forward the report to the Approving Authority and/or draft a report to the Approving Authority reflecting upon the comments received.

§ 130-108 Submission Checklist: development applications other than variances.

The submission checklist is included at the end of this chapter.

§ 130-109 Checklist for variance applications.

Instructions. Be sure that you have the correct checklist before you begin compiling your application. This checklist can be used only for variance applications. It is your responsibility, as an applicant, to provide a complete picture of your application. Only after you have provided the information listed below can your application be certified as "complete" and submitted to the Planning Board for its review. In some cases (indicated below), specific checklist items may be requested to be waived by checking the appropriate box under "waiver requested." Be sure that you address each of the items listed in this checklist in your application submission. Failure to do so will result in it being classified "incomplete." An "incomplete" application has no legal status.

Submission of materials to the land use office. At the time of the original submission of your application to the Planning Board, your application must contain 16 complete sets (the original and 15 copies). All maps must be folded. As noted below, the application fee is a nonwaivable submission item.

Nonwaivable submissions items. The following items must accompany all variance applications at the time of the original submission. They can not be waived. Please check the appropriate box when provided:

	Provided	Required Item
	_____	Completed and signed checklist together with written justification of waiver requests, if any. Original and 15 copies.
	_____	Application Form: original and 15 copies completed and notarized.
	_____	Escrow fee along with the completed escrow agreement (consult with the Land Use Office for amount and to obtain agreement form).
	_____	Certification by the Township Tax Collector that all taxes on the subject property are paid to date.
	_____	Checklist completed and signed together with written justification for request for waiver of specific items, if any. Original and 4 copies.
	_____	If the property is under agreement, either a copy of the agreement or a letter from the owner granting permission to seek application approval.

Submission items. The following items are required by ordinance to be submitted with all variance applications. You may request that a specific item be waived by marking the appropriate "waiver requested" box and providing written justification for the request. A determination on any waiver request will be made based upon the written justification that must accompany any waiver request. Waivers will be granted only for good and sufficient reason and the request to waive a major item will substantially delay the process. Please check the appropriate boxes:

Provided	Waiver Requested	Required Item
_____	_____	Survey of the property by a licensed New Jersey land surveyor showing boundaries and all existing structures.
_____	_____	A sketch plan outlining the location, nature and extent of any variance(s) requested.
_____	_____	A completed "Request for Certified List of Property Owners" form (obtain from Land Use Office).
_____	_____	A certificate from the Zoning Officer setting forth the reasons for his denial of the zoning permit. If you have retained an attorney or planner, they may provide the written description of the needed variance(s).

"d" (use) variance (under N.J.S.A. 40:55D-70, Subdivision d) submission requirements. If your application is for or includes a "d" (use) variance, the following information must be provided in addition to the submission items listed above:

	Provided	Waiver Requested	Required Information
	_____	_____	A written statement describing and providing legal justification for the exact proposed use requested.

§ 130-109.1 Alternate track bulk variance.

[Added 8-26-2021 by Ord. No. 2021-12]

Purpose. The purpose of this section is to create an alternate track bulk variance for bulk variance applications that are considered minor or routine in nature.

Alternate track bulk variances, as used herein, shall include the following applications:

(1)

The erection of a fence or shed on a residential property;

(2)

The construction of a swimming pool as an accessory use on a residential property;

(3)

The expansion or modification of a driveway; and

(4)

Such other applications that upon review of the Board Administrator or Zoning Officer are determined to be so minor in nature as to qualify for review under the alternate track bulk variance, provided the Board professionals agree with the determination.

Removal from track. If the Board Administrator or Zoning Officer, in consultation with any Board professional, determines that a variance application relates to an area covered by the alternate track bulk variance, the application may be removed from the simple track and treated as a regular bulk variance application. It is noted that the initial escrow fee posted, as with any application, is an initial deposit and may not account for all costs associated with professional review, thereby requiring further deposits into escrow.

Notwithstanding anything to the contrary contained herein, the applicant for an alternate track bulk variance must still meet the positive and negative criteria required for variances under N.J.S.A. 40:55D-70(c).