All subdivision and/or resubdivision of land within the Township, as defined in § 145-3C of this chapter, shall be reviewed by the Land Use Board in accordance with the provisions of this chapter.

Except as otherwise provided, no zoning or construction permit shall be issued for any new building or use or any enlargement or alteration of any building or use unless a site plan for said building or use is first submitted to and approved by the Land Use Board of the Township, and no certificate of occupancy shall be given or remain valid unless all construction and site utilization conforms to an approved site plan. This requirement shall pertain to all uses and structures in all zoning districts, except that:

Any applicant for subdivision or site plan review and approval shall obtain all necessary forms and checklists as per § 145-89 of this chapter from the Land Use Board Administrative Officer. Said Officer shall inform the applicant of the steps to be taken in securing Land Use Board action and of the regular meeting dates of the Board. Except as otherwise provided in § 145-79B of this chapter, an applicant seeking subdivision or site plan approval shall, with the knowledge of the Zoning Officer, submit 20 copies of all plans, together with a completed application form and the appropriate checklists for the type(s) of development proposed as required by § 145-89 herein, to the Land Use Board administrative officer at least 21 days prior to a regularly scheduled Land Use Board meeting.

The Land Use Board shall determine, on the basis of advice from the Board's administrative officer and its professional staff and/or the Township Engineer as detailed herein below, that the application is complete and properly submitted as of that date, or that the application is incomplete, as provided in N.J.S.A. 40:55D-10.3, in which latter case the applicant shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the applicant's initial submission as to the additional information or materials required. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within 45 days. The 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 reasonably necessary to make an informed decision as to whether the requirements have been met. The application shall not be deemed incomplete for lack of any such additional information or any revision in the accompanying documents so required by the Board.

Minor subdivision or site plan.

Major subdivision; site plans for conventional developments which involve more than 10 acres or more than 10 dwelling units; and planned developments.

A developer seeking final approval of a major subdivision, site plan or planned development shall, with the knowledge of the zoning administrative officer, submit 20 paper prints of the final plan, together with original and processed tracings as required by the Map Filing Law in the case of subdivisions, along with a completed application form, to the Land Use Board administrative officer at least 10 days prior to a regularly scheduled Land Use Board meeting.

The Land Use Board, at its next regularly scheduled meeting, shall determine, on the basis of advice from the Board's administrative officer and its professional staff and/or the Township Engineer, that the application is complete and properly submitted as of that date, or that the application is incomplete, as provided in N.J.S.A. 40:55D-10.3, in which latter case the applicant shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the applicant's initial submission as to the additional information or materials required. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within 45 days. The 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 reasonably necessary to make an informed decision as to whether the requirements have been met. The application shall not be deemed incomplete for lack of any such additional information or any revision in the accompanying documents so required by the Board.

Final approval of a major subdivision, site plan or planned development shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with, including the conditions of § 145-81B(2) of this chapter, as applicable, with respect to a planned development. Annotation indicating approval shall be placed on each plat or plan, together with the signatures of the Chairman and the Secretary of the Land Use Board.

An application for final approval shall be granted or denied within 45 days from the date it is determined to be complete or within such further time as may be agreed to by the applicant. Otherwise, the Land Use Board shall be deemed to have granted final approval, and a certificate of the Land Use Board administrative officer as to the failure of the Land Use Board to act shall be issued on request of the applicant.

Final approval of a major subdivision shall expire 95 days from the date of signing the plat unless within such period the plat shall have been duly filed by the developer with the County Clerk. The Land Use Board, for good cause shown, may extend the period of recording for an additional period, not to exceed 190 days from the date of the signing of the plat. The Land Use Board may extend the 95 or 190 days as provided by N.J.S.A. 40:55D-54.

The Land Use Board is authorized pursuant to N.J.S.A. 40:55D-51 to grant exceptions from the requirements for subdivision or site plan approval and to simultaneously review and approve or deny conditional uses or site plans with review of subdivision approval.

Final approval of a major subdivision, site plan or planned development shall confer upon the developer the following rights:

Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development pursuant to the provisions of this chapter, may submit a general development plan to the Land Use Board prior to the granting of preliminary approval of that development by the Land Use Board as provided in § 145-81 of this chapter. Twenty copies of said general development plan shall be submitted.

The Land Use Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period prescribed shall constitute general development plan approval of the planned development.

A general development plan shall contain all information provided in Section 12.11H[1] of this chapter and shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Land Use Board notwithstanding any provisions of N.J.S.A. 40:55D-1 et seq. or any ordinance or regulation adopted pursuant thereto after the effective date of the approval.

The term of effect of the general development plan approval shall be determined by the Land Use Board using the guidelines set forth in Subsection E below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to N.J.S.A. 40:55D-1 et seq.

In making its determination regarding the duration of the effect of approval of the development plan, the Land Use Board shall consider: the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the Land Use Board attaches to the approval thereof.

In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Land Use Board. The Land Use Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the Township and the region, and the availability and capacity of public facilities to accommodate the proposed development.

Except as provided hereunder, once the general development plan has been approved by the Land Use Board, it may be amended or revised only upon application by the developer approved by the Land Use Board. A developer, without violating the terms of approval pursuant to this chapter, may, in undertaking any section of the planned development, reduce the number of residential units or amount of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to N.J.S.A. 52:27D-301 et seq. without prior Township approval.

The Land Use Board shall, in accordance with the provisions of N.J.S.A. 40:55D-45.7, certify completions of each section of a general development plan, determine any general development failure to complete or comply, or determine the termination of a general development plan approval.

In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.

Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Township and, at the same time, recognizing that such uses may be or may become harmful to the public health, safety and general welfare, if located or operated without proper consideration of existing conditions and character of the surrounding properties, such uses are hereby designated conditional uses and listed as such under the appropriate zone district contained in the Schedule of District Regulations.[1] In addition to other powers conferred by this chapter, the Land Use Board shall have the power to authorize the granting of a permit for a conditional use after site plan approval and determination that no detrimental environmental impact will result from the conditional use, under terms and conditions established and set forth in this chapter and in accordance with the following general stipulations and guidelines:

Twenty copies of an application for a conditional use permit along with site plans of the proposed conditional use as required by § 145-84B(2) of this chapter, shall be submitted in accordance with the provisions of §§ 145-81 and 145-82 hereinabove.

Appeals to the Land Use Board may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the Zoning Officer. Each appeal shall be taken within the twenty-day period prescribed by filing a notice of appeal with the officer from whom the appeal is taken together with three copies of said notice with the administrative officer of the Land Use Board. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Land Use Board all papers constituting the record upon which the action appealed from was taken.

Filing.

An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Land Use Board, after the notice of the appeal shall be filed with him/her, 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 otherwise than by an order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.

Time limit for decisions.

Sign permits.

Yard sale permits. Applications for yard sale permit shall be made to the Zoning Officer or his/her designee, who shall issue or deny said permit in accordance with the provisions of § 145-68, Yard sales, of this chapter and payment of any requisite fee as per § 145-97 of this chapter.

At the request of the developer, the Land Use Board shall grant an informal review of a concept plan for a proposed development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such informal review. The developer shall not be bound by any concept plan for which review is requested, and the Land Use Board shall not be bound by any such review and/or comments made during same.

Any sketch plats containing proposals and/or designs for drainage, streets, subdivision layout or site design shall be only for discussion and informal review and comment. The data included on an informal submission shall include sufficient basic data to enable the Land Use Board and the developer to comment upon design concepts, such as building locations, ingress and egress, parking and major natural features that will have to be recognized or may influence certain design criteria, and the prospective developer's basic intent for provision of water, sewage and stormwater facilities. Informal sketches to scale of possible plans for development of the area. They are not binding on the Township or upon the developer and do not necessitate accurate engineered drawings. The Township or developer bear no liability resulting from the informal discussion of such concept plans for development since by their nature they are not actual applications with supporting documentation and properly drawn and certified plats or plans.

Although the minutes of a meeting of the Land Use Board wherein an informal discussion was part of the agenda may so note said discussion, no written findings, conclusions or reports shall be issued by the Board as a result of an informal discussion.

If a developer requests review of plans or sketches by the Board's professional staff, a development review escrow account will be required to be established with the Township in accordance with the provisions of § 145-98, Escrow accounts. Said account will be used to pay the costs of the staff review. No charges will be assessed to the escrow account established if extemporaneous comments or opinions are made by a Board professional present at a meeting and have not been asked to specifically review plans or sketches in advance thereof the Board meeting when the informal review will occur.

Form of submission. No development application as defined in this chapter shall be accepted unless submitted in proper form, and no plat or plan shall be accepted for consideration unless it conforms to the specific checklist requirements, as set forth herein, as to form, content and accompanying information, and complies with the provisions of the New Jersey Map Filing Law, as amended. All plats and plans shall bear the signature, seal, license number and address of the professional authorized to draw same.

Specifications and checklist and information to be submitted for complete application for development. A development application shall be deemed complete for purposes of commencing the applicable period of time for action by the approval authority when so certified by its or its authorized committee or designee as set forth in § 145-80. All applications and accompanying plans or plats shall contain all of the information required and as stipulated in the various checklists set forth in § 145-89.

Waivers from plat or plan details. The Land Use Board upon written request of the applicant may waive any plat or plan details required in connection with the provisions of this chapter where it finds that said waived detail(s) is/are not required in order to adequately review the plat or plan, and that the waiving of said detail(s) shall not be detrimental to the adopted Township Master Plan or the provisions of this chapter.

The following checklists shall be used in determining the completeness of any development application submitted to the approval authority are hereby adopted by reference and made a part of this chapter:

The administrative officer of the Land Use Board or other approving authority shall provide all applicants for development approval with a copy of all applicable checklists as noted above for the proposed development involved. Said checklist(s) shall be completed and submitted along with all documentation and plans or plats as indicated on said checklist(s) to the administrative officer at the time of his/her making application for development review. The checklist or checklists shall be used in determining completeness of the application for review submitted as required by N.J.S.A. 40:55D-10.3.

Rules. The Land Use Board shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.

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

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

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

Records. The Land Use Board shall provide for the verbatim recording of the proceedings by stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request of any interested party at his/her expense. The Land Use Board in furnishing a transcript of the proceedings to an interested party at his/her expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2B:7-4. Said transcript shall be certified in writing by the transcriber to be accurate.

Public notice shall be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing.

Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the 1) condominium association in the case of any unit owner whose unit has a unit above or below it, or 2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.

Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to notice required to be given pursuant to § 145-92B of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

Notice shall be given by personal service or certified mail to the County Land Use Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of the subject premises.

Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10.

All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Land Use Board.

Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; identification of the property proposed for development by street address, if any, or by reference to lot and block number as shown on the current tax duplicate in the Township Tax Assessor's Office; and the location and time at which any maps and documents for which approval is sought are available as required by law.

A resolution adopted at a meeting held within the time period provided by N.J.S.A. 40:55D-1 et seq., for action by the Land Use Board on the application for development; or

A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Land Use Board voted to grant or deny approval. Only the members of the Land Use Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting from failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote of any such resolution shall be deemed to be a memorialization of the action of the Land Use Board and not to be an action of the Land Use Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of mailings, filings and publications required by Subsections h and i of N.J.S.A. 40:55D-10. If the Land Use Board fails to adopt a resolution or a memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Land Use Board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorneys' fees, shall be assessed against the Township.

A copy of the decision shall be mailed by the Land Use Board within 10 days of the date of the decision to the applicant, or if represented, then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the Land Use Board in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee and make available for public inspection at his/her office during reasonable hours.