Chesterfield Township
City Zoning Code
City Zoning Code
ARTICLE XVI
Procedural Requirements Governing Approval of Applications for Development, Conditional Uses, Variance and Zoning
§ 130-123 Generally.
A.
Local approval. Approval of subdivision plats by resolution of the Approving Authority shall be required as a condition for filing of such plats or for the filing of a deed evidencing such approval with the County Recording Officer. Approval of site plans by resolution of the Approving Authority shall be required as a condition for the issuance of a building permit, issuance of a certificate of occupancy, issuance for any permit required for any construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq., except that subdivision or individual lot applications for detached one- or two-dwelling-unit buildings shall be exempt from such site plan review and approval.
B.
County approval. Each application for subdivision approval, where required pursuant to Section 5 of P.L. 1968, c. 285,[1] and each application for site plan approval, where required pursuant to Section 8 of P.L. 1968, c. 285,[2] shall be submitted by the applicant to the County Planning Board for review and approval, as required by the aforesaid sections and the Approving Authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
C.
Effect of subsequent approvals on prior approvals. Where a property is the subject of existing land use approvals which have not yet been implemented and/or undertaken and a developer and/or owner applies to the Land Use Board of the Township of Chesterfield for approval of a different application, or a use with different standards from that originally granted, and the Board approves the new application, then the former approvals shall be deemed to have been rescinded by the new approval, and the applicant/owner/developer shall enjoy no vested rights in the original approval.
[Added 2-23-2012 by Ord. No. 2012-4]
§ 130-124 Preliminary discussions.
As discussed in § 130-97, nothing herein contained shall be construed to limit the right of an applicant to seek informal discussions with the Approving Authority or its staff. Where such a procedure is sought, the applicant shall indicate its desire in a letter to the Approving Authority. Neither the Approving Authority nor the applicant shall be bound by any such discussions or statements made during such review, provided that the right of the developer at any time to submit a complete formal application for development shall not be limited by his submission of a preliminary discussion plat and the time for the Approving Authority's decision shall not begin to run until the submission of a complete formal application.
§ 130-125 Formal applications.
A.
Submittal procedure.
(1)
Generally. As set forth in Article XIV, the applicant shall submit copies of his complete formal application for development to the Administrative Officer. The time for the Approving Authority's review shall not begin to run until the submission of a complete formal application with the required fee. Unless the applicant is informed, in writing, by the Administrative Officer within 45 days of the actual submission of the application that it is incomplete, specifying the deficiencies therein, said application shall be deemed complete as of the date it was submitted.
(2)
Distribution. The Administrative Officer shall distribute, as deemed necessary, a copy of the plat submitted as part of the application for development for review and report and where required approval, as follows:
(a)
Planning Board's secretary (one copy).
(b)
Planning Board (11 copies).
(c)
Planning Board's consulting engineer (one copy).
(d)
Planning Board's attorney (one copy).
(e)
Servicing fire company (one copy).
(f)
Township Engineer (one copy).
(g)
Township Police Department (one copy).
(h)
Environmental Commission (one copy).
(i)
Planning Board's consultant planner (one copy).
(j)
Planning Board's traffic consultant (one copy).
(k)
Historical Review Commission (one copy).
(l)
Zoning Officer (one copy).
B.
Hearing procedures.
(1)
Requirements. A hearing meeting the standards of this chapter shall be held on all applications for development. A public hearing meeting the standards of this chapter shall be held on all applications for development except final approvals, appeals, minor subdivisions and minor site plans.
(2)
Scheduling.
(a)
Generally. The Administrative Officer, subsequent to certifying an application for development as complete, shall cause the question of applicant's application to be placed upon the agenda of the next regularly or specially schedule meeting of the Approving Authority, except where the certification has not occurred at least two weeks prior to the regularly or specially scheduled meeting of the Approving Authority, in which case said question shall be held over until the next regularly or specially scheduled meeting of the Approving Authority. When the term "specially scheduled meeting" is used above, it is deemed to refer to only specially scheduled meetings as the Approving Authority shall at its discretion call for the review of applications for development and not for work sessions. The Administrative Officer shall advise the applicant, in writing, of the date and time when his application for development or rezoning will be heard.
(b)
Waiver. The Approving Authority, by a two-thirds majority vote of its entire membership, may waive the two-week requirement set forth in Subsection B(1) above.
(c)
Notice. Subsequent to receiving notice from the Administrative Officer of the date and time when the application for development will be heard, an applicant whose application statutorily requires the holding of a public hearing shall cause the notices required under the Municipal Land Use Law to be sent or published. The applicant shall effect service and publication, certifying on a form approved by the Approving Authority the names of persons served pursuant to the requirements of this chapter and the date and newspaper of publication with the Administrative Officer. Prior to consideration by the Approving Authority of applicant's application, the Board shall determine that proper service was effectuated.
(d)
Official reports. All parties, boards and officials to whom plans were submitted pursuant to this chapter shall review said plans prior to the hearing referred to above and may make such written or oral reports upon the conformity or lack of conformity of these plans to all Township requirements and the standards set forth in this chapter are deemed appropriate. Said reports shall be made a part of the minutes of the hearing and shall constitute a basis upon which the Approving Authority may take action upon the application. Such references shall not extend the period of time within which the Approving Authority shall act.
(3)
Approving Authority action. At the regularly or specially scheduled meeting of the Approving Authority during which the applicant's application is upon the agenda for consideration, the Approving Authority, by written resolution, may take any of the following actions:
(a)
Rejection of the application. The Approving Authority may reject the application of applicant for any deviation from the requirements of this chapter, other Township ordinances or state law. The Approving Authority shall in the resolution rejecting the application set forth the factual and legal grounds relied upon by the Agency in reaching its decision. Upon rejection, the Secretary of the Approving Authority shall cause a notation of said rejection placed on two copies of the plan submitted in connection with applicant's application, retain one copy for Approving Authority files and send the second copy to the Administrative Officer who shall in turn cause the rejected plan to be returned to the applicant along with a copy of the adopted resolution.
(b)
Approval. The Approving Authority may approve the application for development.
[1]
Without conditions. In the event that the Approving Authority shall approve an applicant's application for development without conditions, the application shall be deemed approved and grant to the applicant the rights granted under this chapter.
[2]
Subject to conditions. In the event that the Approving Authority shall approve applicant's application for development subject to conditions, said conditions shall be noted where possible on the plans approved in connection with applicant's application as well as set forth within the resolution adopted by the approving agency. The approval granted shall be conditional and subject to the following:
[a]
Conditions precedent.
[i]
Whenever any application for development is approved subject to specified conditions intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions, other than those contemplated by N.J.S.A. 40:55D-22. Subdivision b, are fulfilled within 190 days of the date of conditional approval.
[ii]
Proof that applications have been filed with all other agencies having jurisdiction over any aspect of the application for development shall forthwith be filed with the municipal agency.
[iii]
The fulfillment of all other conditions precedent shall forthwith be reported in writing to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit or zoning permit be issued.
[iv]
When all conditions have been fulfilled, applicant shall, within 30 days of the fulfillment of all such conditions, submit a plan for signature or any such approval shall lapse and be of no force and effect; provided, however, that the applicant may, for good cause shown, obtain an extension either before or after the lapse of said thirty-day period within the reasonable exercise of the Board's judgment.
[b]
Conditions subsequent.
[i]
Whenever any application for development is approved subject to conditions which by their terms are incapable of being fulfilled or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such condition within six months from the date of the final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled.
[ii]
Nothing herein contained shall be construed as preventing the municipal agency from specifying a longer period of time within which any specific condition must be fulfilled or from granting, upon an ex parte application, an extension of time for good cause shown.
[iii]
The fulfillment of all conditions shall be reported in writing to the municipal agency which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit, zoning permit or other required approval be issued.
[iv]
For purposes of calculating the time period within which conditions must be fulfilled, such time periods shall commence from the date on which the resolution of approval was adopted.
(4)
Holdover for further study. The Approving Authority may hold over any application for development for further study and action. In no event, however, may the Approving Authority hold over any matter without first establishing a date certain wherein further action of the Agency will take place and in no event for a period of time in excess of that set forth in this chapter.
(5)
Modification on appeal. The Planning Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed pursuant to N.J.S.A. 40:55D-72 and, to that end, has all the powers of the subcode official or Administrative Officer from whom the appeal is taken.
(6)
Appeal procedures. Any interested party aggrieved by a decision of a Approving Authority may either appeal the determination to a court of competent jurisdiction or, if the matter involved an approving decision pursuant to N.J.S.A. 40:55D-70D, to the Township Committee pursuant to this chapter.
C.
Time of decision.
(1)
Minor subdivisions. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
(2)
Preliminary site plan approval and conditional use applications.
(a)
Site plans: 10 acres or less and/or 10 units or less. Upon the submission to the Administrative Officer of a complete application for a site plan for 10 acres of land or less and/or 10 units or less, the Approving Authority shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
(b)
Site plans: more than 10 acres and/or more than 10 dwelling units and conditional use application. Upon the submission of a complete application for a site plan of more than 10 acres and/or more than 10 dwelling units or for a conditional use approval, the Approving Authority shall grant or deny preliminary approval of the site plan and/or approval of the conditional use within 95 days of the date of such submission or within such further time as may be consented to by the applicant.
(3)
Preliminary subdivision approval.
(a)
Ten or fewer lots. Upon the submission to the Administrative Officer of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in this chapter, the Approving Authority shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for subdivision approval also involves an application for relief pursuant to N.J.S.A. 40:55D-60, the Approving Authority shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
(b)
More than 10 lots. Upon the submission of a complete application for a subdivision of more than 10 lots, the Approving Authority shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.
(4)
Final subdivision or site plan approval. Final approval for a site plan or subdivision shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer of the Approving Authority or within such further time as may be consented to by the applicant.
(5)
Variance or other types of relief. The Planning Board shall render a decision not later than 120 days after the date an appeal is taken from the decision of the subcode official or Administrative Officer or the submission of a complete application for development to the Planning Board through the Administrative Officer for a variance or other types of relief.
(6)
Special rules.
(a)
Failure to act. Failure of the Approving Authority to reach a decision within the specified time periods or extensions thereof shall result in the approval of the application for development as submitted.
(b)
Simultaneous review. The Approving Authority shall have the power to review and approve or deny conditional uses, variances or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Approving Authority or the Approving Authority being required to hold further hearings. The longest time period for action by the Approving Authority, whether it is for subdivision, conditional use, variance or site plan approval, shall apply. Whenever approval of a conditional use or variance is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional or variance use.
(c)
Waiver.
[1]
Requirement for approval. The Approving Authority may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect circulation, parking demands, drainage, relationships of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.
(d)
Exception to application of subdivision or site plan regulations.
[1]
Exceptions: subdivisions. The Approving Authority when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[2]
Exceptions: site plans. The Approving Authority when acting upon application for preliminary site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardships because of peculiar conditions pertaining to the land in question.
(e)
Substantial amendment. If the Approving Authority requires or the applicant proposes any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development.
(f)
Stay of proceedings by appeal. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the subcode official or Administrative Officer from whose action the appeal is taken certifies to the Planning Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his 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.
D.
Review standards, subject to the requirements of § 130-96.
(1)
Minor subdivisions. The Approving Authority shall approve an application for minor subdivision if the Approving Authority finds that the application conforms to the definition of "minor subdivision" as established under the Municipal Land Use Law and this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to this chapter.
(2)
Preliminary subdivision or site plans. Upon the submission of a complete formal application for preliminary subdivision or preliminary site plan approval and after holding hearings as required by law, the Approving Authority shall determine whether the application conforms to the design and improvement standards set forth in this chapter. If the application either with or without conditions conforms to these standards, it shall be approved. If the application does not conform to these standards, it shall be denied approval.
(3)
Final subdivision or site plans. The Approving Authority shall grant approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final plans, the conditions of preliminary approval, and, in the case of major subdivision, the standards prescribed by the Map Filing Law, P.L. 1960, c. 141,[1] provided that in the case of a planned development, the Approving Authority may permit minimal deviations from the conditions of preliminary approval necessitated by changes of condition beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9.
(4)
Conditional use applications. Upon the submission of a complete application for a conditional use and after holding hearings as required by law, the Approving Authority shall determine whether the application conform to the design and improvement standards set forth in this chapter. If the application either with or without conditions conforms to these standards, the Approving Authority shall further determine whether the proposed use as presented or as conditioned is compatible with the prevailing use and that if allowed, the proposal will not adversely effect other uses in the general area. Upon making these determinations, the Approving Authority shall approve applicant's plan. If the application does not conform to these standards, it shall be rejected.
(5)
Variances. Upon the submission of a complete application for a variance and after holding hearings as required by law, the Approving Authority shall determine whether the applicant has established by a preponderance of the evidence submitted that cause exists for the granting of applicant's application under N.J.S.A. 40:55D-70. In making this finding, the Approving Authority shall determine that the variance or other relief can be granted either with or without conditions, without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance. If the Approving Authority makes such findings, the application shall be approved; if not, the application should be rejected.
§ 130-126 Rezoning applications.
A.
Application procedure.
(1)
Generally. While not specifically required under the Municipal Land Use Law, the Township has determined that a procedure should be established whereby an applicant may apply through proper Township channels for rezoning of property. By the standards hereinafter established, an applicant is required to submit documentary evidence and proofs which will indicate the necessity for and appropriateness of rezoning. Rezoning is a legislative act left to the sole discretion of the Township Committee; the Township, however, is establishing a procedure whereby the Township Committee may obtain sufficient information in order to make a proper determination on the request. The Township Committee hereby delegates to the Planning Board pursuant to N.J.S.A. 40:55D-25 the advisory function of reviewing and making recommendations to the governing body on all applications for rezoning in accordance with the standards and procedures set forth hereinafter.
(2)
Application.
(a)
A person desiring to have the Township Committee rezone any property shall file an application for rezoning with the Administrative Officer of the Township. The Administrative Officer shall certify the completeness of the application 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 review, unless the application lacks information indicated on the form.
(b)
The application for rezoning shall consist of adopted by ordinance and provided to the applicant; and the Administrative Officer has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application. The Planning Board 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 necessary to make an informed decision as to whether the requirements necessary for recommendation to the Township Council for rezoning have been met.
(3)
Distribution. The Administrative Officer shall distribute copies of the plot plan, rezoning information form and supporting documentation to the municipal officials or agencies listed in this chapter.
B.
Hearing procedures.
(1)
Requirements. The Planning Board of the Township shall hold hearings meeting the standards of this chapter on all applications for rezoning. The applicant shall provide notice of the hearing in accordance with this chapter. Said hearings shall be conducted by the Planning Board who shall review the application in light of the existing Master Plan, conditions existing within the community and its general expertise in matters of community development to determine whether it should recommend Township Council adopt an ordinance rezoning the property. The Planning Board shall make specific detailed findings of fact and conclusions of law concerning the applicant's proposal it relates to the standards set forth in this chapter. The applicant shall at all times bear the burden of establishing proofs sufficient to show both the desirability and necessity for rezoning of the property involved.
(2)
Scheduling and time of decision. The Planning Board for the Township shall schedule the hearings required under this section in accordance with the provision of this chapter. The Planning Board shall conclude its review of the proposal within 95 days of the date a complete application is submitted to the Administrative Officer.
(3)
Reports. Subsequent to the action by the Planning Board, the written findings of fact and conclusions of law prepared by the Planning Board shall be forwarded to the Township Clerk of the Township, together with a brief written statement concerning its recommendation to the Township Committee on the application for rezoning.
C.
Review standards. Each application for rezoning shall specifically address and meet the burdens established by the following standards:
(1)
Necessity. No application for rezoning shall be granted where it is determined that a proper vehicle under an application for development exists whereby the applicant could obtain the relief sought of rezoning.
(2)
Master Plan. No application for rezoning shall be granted which substantially disputes the findings and conclusions addressed within the Master Plan unless the Planning Board of the Township determines that it is in the best interest of the community to amend the Master Plan based on changed circumstances which challenge the principles upon which the Master Plan was based.
(3)
Community benefit. The applicant shall demonstrate that the proposed rezoning will substantially benefit the community and the goals to be achieved by proper planning and will not unduly burden the planned and orderly growth of the community or place an undue exaction upon community facilities required to service the area.
(4)
Public interest. The applicant shall demonstrate that the proposed rezoning will promote the public health, safety, morals and general welfare of the Township.
(5)
Other standards. The applicant shall demonstrate that the proposed rezoning will promote the additional purposes set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for the benefit of the Township.
D.
Township Committee action.
(1)
Receipt of the report. Subsequent to receipt of the report of the Planning Board referred to above, the Township Clerk will cause the question of the applicant's rezoning request to be placed upon the agenda of a Township Committee meeting to be held within 45 days from the date that the Township Clerk received said report from the Planning Board.
(2)
Hearing procedure. At the Committee meeting scheduled as set forth in Subsection D(1) above, the Township Committee shall proceed to hold a hearing on the report submitted by the Planning Board. No new evidence shall be received by the Township Committee which has not previously been considered by the Planning Board. In the event that the applicant desires to present new evidence, the matter shall be considered a new application for rezoning and the applicant shall be required again to appear before the Planning Board as provided for above in this chapter.
E.
Determination. The Township Committee shall determine by resolution whether it will authorize the preparation of a Zoning Ordinance amendment which addresses the request by the applicant for rezoning, which decision shall be made within 95 days of the date of the hearing held as set forth above. Such an amendment may be consistent with the applicant's request, contrary to the applicant's request or a modification of the applicant's request to meet the general health, safety and welfare concerns of the community. Subsequent to the passage of the resolution, the matter shall proceed under the procedural requirements of the Municipal Land Use Law.
§ 130-127 Truth in sales.
A.
The developer of land receiving major subdivision approval shall prominently display a copy of the approval preliminary plan and final plan, containing all conditions, in the sales office and shall provide a reduced copy of the same to any and all interested persons. Also, developers of land receiving major subdivision approval shall provide a written statement to a contract purchaser at the time of the execution of the agreement of sale of a particular lot, which statement shall be signed by the contract purchaser, setting forth the following information:
(1)
A statement that the contract purchaser was provided with a full and complete explanation of the approved preliminary and final plan, containing all conditions, and was provided with a reduced copy of same at their request.
(2)
The location of the house/lot to be purchased on the preliminary and final approval plans.
(3)
A location and description of all encumbrances, liabilities and restrictions on the use of land, including but not limited to easements, wetlands, floodplain lines to include the FEMA Flood Boundary Lines and recreation areas; and their relationship to the property.
(4)
The location of all recreational facilities, roadways and other improvements and the relationship of the same to the property and the date when the improvements will be commenced and completed.
(5)
The current tax rate of real property assessed in the Township.
(6)
Located in historical district.
B.
The Approving Authority shall condition the preliminary and final approval of a major subdivision upon compliance with the terms of this section. Failure to comply with terms of this section can result in rescission of the approved plan and/or such other action as may be available to the Township, at law or in equity.
C.
The fact that the property is located within a community dedicated to the preservation of the industry of agriculture, that the Township has adopted a Right to Farm Ordinance which allows agricultural uses to continue within the community, that all residential uses of land will most likely be near or adjacent to farming operations and that such usage can on occasion cause conditions which are inimical to the sensibilities of some people.