East Amwell Township
City Zoning Code
City Zoning Code
ARTICLE V
Development Application Review Procedures
§ 92-24 Jurisdiction of responsibility during development application review.
[Amended 9-9-1999 by Ord. No. 99-21]
A.
Powers of the Planning Board:
(1)
The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.
(2)
The Planning Board shall have the power to act in lieu of the Zoning Board of Adjustment and subject to the same extent and restrictions of the Zoning Board of Adjustment[1] on the following matters when the Planning Board is reviewing applications for approval of subdivision plans, site plans or conditional uses. Whenever relief is requested pursuant to this subsection, public notice shall be given and shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
(a)
Grant variances pursuant to N.J.S.A. 40:55D-70c.
(b)
Direct, pursuant to N.J.S.A. 40:55D-36, the issuance of a permit for a building or structure not related to a street.
[1]
Editor's Note: The Zoning Board of Adjustment was dissolved 3-8-2018 by Ord. No. 18-02.
B.
Zoning Board of Adjustment action in lieu of Planning Board.[2] The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, site plan, subdivision or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d.
[2]
Editor's Note: The Zoning Board of Adjustment was dissolved 3-8-2018 by Ord. No. 18-02.
C.
Simultaneous review. The Planning Board or Zoning Board of Adjustment, as the case may be, shall have the power to act upon subdivision, conditional use, site plan, or variance applications simultaneously without the applicant making further application for hearings. The longest time period for action by the Board, whether it is for subdivision, conditional use, site plan or variance approval, shall apply. Whenever approval of a conditional use or variance is requested by the applicant in conjunction with a site plan or subdivision application, notice of the hearing on the plan shall include reference to the request for such conditional use or variance.
§ 92-25 Application requirements.
[Amended 7-14-1994 by Ord. No. 94-10; 9-9-1999 by Ord. No. 99-21]
A.
Subdivision review. All subdivisions, as defined under Article III, are subject to the review procedures specified herein.
B.
Site plan review.
(1)
All site plans, as defined under Article III, are subject to the review procedures specified herein.
(2)
No construction permit shall be issued for any new structure or for an addition or alteration to an existing structure and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the municipality except that:
(a)
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit shall not require site plan approval.
(b)
Any change of use from one permitted category of nonresidential use to another permitted category of nonresidential use may not require site plan approval if:
[1]
Both the Construction Official and Zoning Official certify to the Board in writing that the existing site development meets the requirements of this chapter for the new use category;
[2]
The new use category does not require an increase in the number of required parking spaces; and
[3]
The Planning Board concurs with the findings of the Construction Official and Zoning Officer.
(c)
Permitted accessory building to residential and agricultural/horticultural uses shall not require site plan approval.
(d)
Building alterations shall not require site plan approval if the following conditions apply:
[1]
There is no change of use.
[2]
No additional parking is required.
[3]
No more than 500 square feet of additional building area is proposed.
[4]
No variance is required.
[5]
There is no major change in circulation proposed such as drive-thru windows, ingress or egress drives, changes in internal circulation, loading or unloading, delivery or pickup of goods and services or trash.
[6]
There are no major changes in a significant site facility or improvement such as a drainage facility, buffer or landscaping features and the like.
(e)
Farm buildings. Notwithstanding the foregoing, for a proposed new farm building over 2,000 square feet in area but less than 4,000 square feet in the Sourland Mountain District, a sketch plan shall be submitted for Planning Board review and approval. Such sketch plan shall be neatly and accurately drawn at a scale of not less than one inch equals 50 feet, and shall indicate the zoning district, lot area, locations of natural and man-made features on site and within 200 feet, including streams, water bodies, buildings and other structures, conservation easements, existing and proposed rights-of-way and required setbacks.
[Added 10-13-2005 by Ord. No. 05-30[1]]
[1]
Editor’s Note: See the editor's note following the definition of "farm building" for the purpose of this ordinance.
(3)
An applicant may elect to file for preliminary and final site plan approval simultaneously to expedite the review process. The site plan shall be prepared according to the requirements stipulated for final approval. Developers electing to bypass the preliminary approval stage are doing so at the peril of added expense if changes in design are required.
C.
Variance relief. All applications for variance relief not involving any related site plan, subdivision or conditional use approval shall be made to the Planning Board. Absent a submission waiver pursuant to and in accordance with § 92-4 of this chapter, each such application shall include all the information required for such application by the submission checklist. The Board shall act upon the application as required by law.
[Amended 7-15-2004 by Ord. No. 04-16; 3-8-2018 by Ord. No. 18-02; 3-12-2020 by Ord. No. 20-05]
§ 92-26 Informal review by Planning Board.
[Amended 9-9-1999 by Ord. No. 99-21; 3-12-2020 by Ord. No. 20-05]
A.
At the request of the developer, the Planning Board shall hear one informal presentation of a concept plat or plan for a development for which the developer intends to prepare and submit an application for development.
B.
The developer shall be required to pay an application fee for an informal presentation of a concept plat or plan in accordance with § 92-20 of this chapter; and no professional review(s) will be undertaken unless the developer has agreed to pay for said review(s) and has established an escrow account in accordance with § 92-20 of this chapter.
C.
The developer shall not be bound by any concept plat or plan for which review is requested, and the Planning Board shall not be bound by any such review.
D.
A developer desiring to have a concept plat or plan informally reviewed by the Planning Board shall submit the required application forms, which include the checklist for informal review, to the administrative officer. The administrative officer shall notify the developer of the time and place that has been scheduled by the Planning Board for such informal review. No request for informal review shall take preference on the agenda over, or prior to, a formally submitted application for development for which time limits are tolling pursuant to N.J.S.A. 40:55D-1 et seq.; and the Planning Board may, prior to such informal review, establish a time limit for such informal review.
§ 92-27 (Reserved) [1]
[1]
Editor's Note: Former § 92-27, Submission of preliminary and final major site plans, as amended, was repealed 3-12-2020 by Ord. No. 20-05.
§ 92-28 (Reserved) [1]
[1]
Editor's Note: Former § 92-28, Submission of preliminary and final major subdivision plats, as amended, was repealed 3-12-2020 by Ord. No. 20-05.
§ 92-29 (Reserved) [1]
[1]
Editor's Note: Former § 92-29, Submission of minor subdivision plats and minor site plans, as amended, was repealed 3-12-2020 by Ord. No. 20-05.
§ 92-30 Hunterdon County Planning Board review.
[Amended 9-9-1999 by Ord. No. 99-21]
A.
All subdivision applications submitted to the East Amwell Township Planning Board must also be submitted to the County Planning Board for review. In addition, all site plan applications fronting on a county road or having an impervious surface of one acre or more must also be submitted to the County Planning Board.
B.
When plans have been revised to comply with county or East Amwell Township requirements, the revised plans will not be subject an additional review fee. A new application form is required, however.
§ 92-31 Conditional approval.
[Amended 9-9-1999 by Ord. No. 99-21]
The applicant shall comply with conditions laid down by the approving authority for design, dedication, improvements, and the use of the land to conform to the physical and economical development of the municipality and to the safety and general welfare of the future residents/owners in the development and the community at large, and with all requirements of this chapter unless variances are granted. Where County Planning Board review or approval is required on a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable report from the County Planning Board or approval by the County Planning Board due to its failure to submit a report within the required time period. If the county's report is timely and is negative or attaches mandatory conditions, "which are inconsistent with the municipal approval," the original conditional approval by the municipal approving authority shall be void and the application shall be denied and a new application shall be submitted for approval which considers the County Planning Board's report.
§ 92-32 Exceptions or waivers.
[Amended 9-9-1999 by Ord. No. 99-21]
The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions or waivers from the design and performance standards in Article VI of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one or more provisions in Article VI of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
§ 92-33 Subdivision approval required; exempt subdivision.
[Amended 9-9-1999 by Ord. No. 99-21]
A.
Subdivision approval is required for any division of land within this Township considered a subdivision as defined in this chapter.
B.
The divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the approving authority. Such action shall be taken following submission of documentation to the approving authority showing the division of land for agricultural purposes where all resulting parcels are five acres or larger in size; divisions by testamentary or intestate provisions; divisions of property by court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance or one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the Township. Until exempted from the subdivision regulations by the approving authority, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision for which approval is required.
§ 92-34 Site plan approval required.
[Amended 9-9-1999 by Ord. No. 99-21]
A site plan approval is required of all developments which do not meet the definition of "site plan, exempt" in Article III.
§ 92-35 Use variance applications.
[Amended 7-15-2004 by Ord. No. 04-16]
Where an applicant is seeking simultaneous subdivision/site plan review and approval as part of a use variance, all applications shall be accompanied by plats plus other supporting documents as required for subdivision and site plan approval. If a use variance application is granted, and Board of Health approval has not yet been granted, six approved plat plans or maps must be submitted to the East Amwell Board of Health within 10 days of the approval, accompanied by a check payable to the Hunterdon County Department of Health, in accordance with its fee schedule, for the appropriate change of use and/or site plan, as applicable.
§ 92-36 Simultaneous review.
[Added 9-9-1999 by Ord. No. 99-21]
The approving authority shall have the power to act upon subdivision, conditional uses, or site plans simultaneously without the developer making further application or the approving authority holding further hearings. The longest time period for action by the approving authority, whether it be for subdivision, variance, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of hearing on the plat shall include reference to the request for such conditional use. (See § 92-19, Conditional uses.)
§ 92-37 Site plan requirements for wireless telecommunications towers.
[Added 9-11-1997 by Ord. No. 97-20; amended 12-30-2002 by Ord. No. 02-22; 3-12-2020 by Ord. No. 20-05]
A.
Wireless telecommunications antennas, equipment and/or towers shall require minor site plan approval. Absent a submission waiver pursuant to and in accordance with § 92-4 of this chapter, each application for wireless telecommunications antennas, equipment and/or towers shall include all the information required for such application by the submission checklist.
B.
A qualified expert report shall contain the following:
(1)
A description of the tower and the technical and other reasons for the tower design and height.
(2)
Documentation to establish that the tower has sufficient structural integrity for the proposed uses at the proposed location and meets the safety requirements and margins according to FCC requirements in their current adopted revision.
(3)
The general capacity of the tower in terms of the number and type of antennas it is designed to accommodate.
C.
A letter of commitment by the applicant shall include a stipulation to lease excess space on the tower to other potential users at prevailing rates and standard terms. The letter of commitment shall be recorded prior to issuance of the construction permit. The letter shall commit the tower owner and successors in interest.
D.
An agreement from the operator of the wireless telecommunications tower with the Township of East Amwell shall contain the following provisions:
(1)
An annual report from a licensed professional engineer will be provided certifying the structural integrity of the tower, together with all antennas mounted thereon, and that they meet applicable minimum safety requirements. Such report shall also be provided whenever antenna arrays are modified and shall include a detailed listing of all antennas and equipment so certified. Vendors and the facility owner shall be required to notify East Amwell Township when the use of such antennas and equipment is discontinued, such notification to be provided to East Amwell Township within 30 days following such discontinuance.
(2)
Wireless telecommunications towers that are not in use for wireless telecommunications purposes for a period of 180 consecutive days shall be removed by the facility owner at its cost within 90 days following the end of such 180-day period. Upon removal, the site shall be cleaned, restored, and revegetated to blend with the existing surrounding vegetation at time of abandonment. The facility owner shall post a bond to cover the costs of tower removal and site restoration. The size of the bond shall take into consideration cost escalations.
(3)
Authorization for the construction of a new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other cellular service providers will be permitted to co-locate on the proposed tower within the limits of structural and radio-frequency engineering requirements and at rates that reflect the fair market price for such service. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower and the types of equipment that could be accommodated.
§ 92-38 Guarantees and inspections.
[Amended 9-9-1999 by Ord. No. 99-21]
A.
No final plat or final site plan shall be approved until all items required to be installed (on site, off site, on tract, and off tract) have been either installed and approved by the Municipal Engineer and accepted by the Township Committee and a maintenance guarantee has been filed and accepted by the Township Committee or their installation shall have been provided for by a performance guarantee accepted and approved by the Township Committee. No maintenance bond shall be accepted for any item which has further stages of work or which will need to be altered or reworked. Any improvements installed prior to final plat application that do not meet required standards shall be added to the performance guarantee.
B.
The applicant shall submit a preliminary cost estimate, certified by his engineer, together with the performance guarantee, to the Municipal Engineer, Attorney and Township Committee for review and approval by resolution. Final plat submission shall not be made until the performance guarantee has been accepted and approved by the Township Committee. In the event that final approval is by stages or sections, the provisions of this section shall be applied by stage or section.
(1)
The performance guarantee shall consist of a performance bond in which the developer shall be principal and the surety shall be an acceptable surety company licensed to do business in New Jersey, and/or cash, letter of credit from an accredited lending institution, and/or certified check which shall be deposited with the Township Treasurer. The Treasurer shall issue a receipt for such deposits. If the improvements have not been completed in accordance with the standards and within the stipulated time, the obligor and surety shall be liable thereon for the reasonable cost of completing the improvements. In the event of default, the Township may, either prior to or after receipt of the proceeds thereof, complete such improvements. The performance guarantee shall equal 120% of the cost of installing the improvements.
(2)
A maintenance bond equal to 15% of the cost of the required site improvements shall be required prior to final plat submission. Up to 90% of this total may be either certified check, bank money order or surety bond of a bonding company approved by and at the option of the Township Committee. The remaining 10% shall be certified check or bank money order payable to the Township. In the event of default, the ten-percent cash fund shall be first applied to complete the requirements, and the cash, certified check, or surety bond shall thereafter be resorted to, if necessary. The Municipal Engineer's certification that the principal has satisfactorily installed the improvements or has defaulted shall be the basis for Township Committee's action which accepts or rejects the improvements, withholds approval, or may extend the time allowed for installation of the improvements. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.
C.
Prior to construction, the developer shall arrange for a preconstruction conference between the developer, his contractor(s) and the Municipal Engineer. The final plat shall not be filed nor shall building permits be issued in conjunction with final site plan approval until a final construction plan has been reviewed and approved by the Municipal Engineer. The Municipal Engineer shall be notified by certified mail by the developer at least 72 hours in advance of the start of construction. The cost of inspections shall be the responsibility of the developer who shall reimburse the Township for all reasonable inspection fees by submitting a certified check or bank money order to the Municipal Clerk prior to the start of construction. This fee shall be in addition to the amount of the performance guarantee and all application fees as outlined above and shall be deposited initially in accordance with the following schedule. The funds shall be deposited in an interest-bearing escrow account when they exceed $5,000. Upon completion of the development and all inspections, the developer shall receive an accounting of the expended funds. Any unspent funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspection costs, the developer shall deposit additional sums upon notice from the administrative officer when the escrow account falls to a balance of 30% or less of the original amount. Each additional deposit shall bring the account up to 50% of the initial deposit:
Estimated Construction Cost | Inspection Fee |
|---|---|
$0 - $9,999 | $700 |
$10,000 - $49,999 | $700 plus 6% of amount over $10,000 |
$50,000 - $99,999 | $3,100 plus 5% of amount over $50,000 |
$100,000 - $199,999 | $5,600 plus 4.5% of amt over $100,000 |
Over $200,000 | $10,000 plus 4% of amount over $200,000 |
D.
No work shall be done without permission from and inspection by the Municipal Engineer. No underground installation shall be covered until inspected and approved. The Municipal Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work: road subgrade; curb and gutter forms; curbs and gutters; road paving (after each coat in the case of priming and sealing); drainage pipes and other drainage structures before backing; shade trees and planting strips; street name signs; and monuments.
E.
All utility installations installed by utility companies shall not be subject to the inspection requirements or bonding.
F.
Occupancy permits will be issued only when required fire hydrants, curbs, utilities, functioning water supply and sewage treatment facilities, gutters and other necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, base course for the street and driveway, and sidewalks are installed to serve the lot and structure for which the permit is requested.
G.
Streets shall not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. Seeding of grass areas shall be the final operation.
H.
Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the Township Committee in writing, by certified mail addressed in care of the Municipal Clerk of the completion or substantial completion of improvements and shall send a copy thereof to the Municipal Engineer. The Municipal Engineer shall inspect all improvements of which such notice has been given and, within 30 days of completing the inspection, shall file a detailed report in writing with the governing body recommending either approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
I.
The Township Committee shall either approve, partially approve or reject the improvements and shall notify the obligor by certified mail of the contents of the Municipal Engineer's report and the action of the approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements, except that no approval or partial approval shall be granted until an acceptable maintenance guarantee has been submitted and approved to cover the improvements. Where partial approval is granted, the obligor shall be released from liability pursuant to its performance guarantee, except for that portion sufficient to secure provision of the improvements not yet approved; the posted cash guarantee of 10% shall be retained until final completion and acceptance of the last 10% of the required improvements. Failure of the Township Committee to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.
J.
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and upon completion, the same procedure of notification, as set forth shall be followed.
K.
Maintenance guarantee. No improvement shall be accepted by the Township Committee unless and until all of the following conditions have been met:
(1)
The Municipal Engineer shall have certified in writing that all the improvements are complete and they comply with this and other applicable ordinances.
(2)
The developer has provided a maintenance guarantee to the Township Committee in an amount equal to 15% of the cost of improvements and running for two years. The maintenance guarantee shall provide a guarantee to replace all work performed and all materials furnished found defective and make good any defects thereof which become apparent during the two-year period in addition to regular maintenance, such as curb replacement and repair, cleaning out catch basins and other matters. The maintenance guarantee shall be in a form acceptable to the Township Committee, Municipal Engineer, and Attorney. In the event that other governmental agencies or public utilities will own the utilities, or the improvements are covered by a guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
(3)
To obtain release of the maintenance bond the developer shall, after all required maintenance has been completed, apply to the Township Committee in writing by mail, with a copy to the Municipal Engineer, for final inspection of the work. The Municipal Engineer shall, within 30 days of receipt of request for inspection, report in writing to the Township Committee indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection.
(4)
The Township Committee shall either approve or reject the improvements and release of the maintenance bond, or reduce the amount of the maintenance bond, following the same procedures for performance bonds.
§ 92-39 Development application checklists.
[Amended 12-9-1999 by Ord. No. 99-26; 2-14-2002 by Ord. No. 02-03; 12-30-2002 by Ord. No. 02-22; 10-13-2005 by Ord. No. 05-30[1]; 9-10-2009 by Ord. No. 09-10; 3-8-2018 by Ord. No. 18-02; 3-12-2020 by Ord. No. 20-05]
Checklists for review and approval of all applications for development are included on the submission checklist, which constitutes the official development application checklist for all development applications in the Township of East Amwell.
[1]
Editor’s Note: See the editor's note following the definition of "farm building" for the purpose of this ordinance.
§ 92-39.1 (Reserved) [1]
[1]
Editor's Note: Former § 92-39.1, Sketch plan for farm buildings, added 10-13-2005 by Ord. No. 05-30, as amended, was repealed 3-12-2020 by Ord. No. 20-05.
§ 92-39.5 (Reserved) [1]
[1]
Editor's Note: Former § 92-39.5, Planning Board Checklist, as amended, was repealed 3-12-2020 by Ord. No. 20-05.