Elk City Zoning Code
ARTICLE VI
Subdivision and Site Plans
§ 96-22 General requirements.
No development shall take place within the Township nor shall any land be cleared or altered, nor any use or change in the use of any building or other structure, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, or accessways thereto, be constructed, installed or enlarged, nor shall any building permit, certificate of occupancy or other required permit be issued with respect to any such structure, land or parking area, except in accordance with an approval of such development granted pursuant to this section, unless exempted in accordance with § 96-23.
§ 96-23 Exceptions to application requirements.
The rules, regulations and standards set forth in this section shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of this section is impracticable or will exact undue hardship, the Planning Board may permit such exemption(s) and waiver(s) as may be reasonable within the general purpose and intent of the rules, regulations and standards established by this section.
A.
Subdivision exceptions.
(1)
A building permit or certificate or occupancy may be issued if all improvements have been installed or completed except the finish course of the road, and the Township Engineer warrants that completion of the road is in the Township's interest after the subdivider has completed construction of dwellings and structures. The maintenance guaranty required shall not begin until the finish course has been installed.
(2)
The Planning Board may also authorize the issuance of a temporary certificate of occupancy if the following improvements have been bonded but not yet installed: landscaping, sidewalks or other similar improvements.
(3)
The Planning Board, when acting upon an application which includes provisions for low- and moderate-income housing, shall waive those portions of the design standards which create barriers to the construction of low- or moderate-income housing and which are not necessary to protect public health and safety.
B.
Plan exceptions.
(1)
Detached single-family dwellings, including accessory uses permitted as a right under applicable zoning districts, but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by Township ordinances.
(2)
The one-time construction of a parking area for three vehicles or less.
(3)
A proposed development not involving a change in use and not affecting existing circulation, drainage, building arrangements, landscaping, buffering, lighting and other considerations of plan review.
(4)
Customary agricultural buildings such as barns, silos, storage sheds and related structures, provided that the buildings are used for products grown on site only; further provided that no grading is necessary and the need for new or expanded stormwater management facilities is not required. If a soil erosion and sediment control permit is required from Gloucester County, a copy of said application shall be submitted to the Township Engineer.
[Amended 8-3-2006 by Ord. No. O-2006-2]
(5)
Normal maintenance or replacement such as a new roof, painting, new siding or similar activity.
(6)
The Planning Board may also waive the requirements of this section if the proposed development secured previous plan approval under the terms of this section.
§ 96-24 Procedure for approval.
A.
All subdivisions and/or site plans shall be formally reviewed except as noted herein in two stages, preliminary and final. An informal discussion and concept review stage is encouraged of applicants seeking site plan approval. Preliminary and final stages may be combined by the applicant. As a condition for combined stage application, the time for approval by the Planning Board shall be the total of the mandated approval time allowed to each review stage as noted herein. An informal discussion and concept plan review stage is encouraged of applicants seeking major subdivision or major plan approval.
B.
This section is adopted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and subsequent amendments and supplements thereto in order to establish rules, regulations, standards and procedures for approval of all development other than single-family detached dwellings or uses accessory thereto in order to:
(1)
Preserve existing natural resources and give proper consideration to the physical constraints of the land.
(2)
Provide for safe and efficient vehicular and pedestrian circulation.
(3)
Provide for screening, landscaping, signing and lighting.
(4)
Ensure efficient, safe and aesthetic land development.
(5)
Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements, and minimum adverse effect on surrounding property.
(6)
Develop proper safeguards to minimize the impact on the environment including but not limited to soil erosion and sedimentation and air and water pollution.
(7)
Ensure the provision of adequate water supply, drainage and stormwater management, sanitary facilities, and other utilities and services.
(8)
Provide for recreation, open space and public use areas.
(9)
The applicant or his or her agent shall appear at all regular and special meetings of the Planning Board or Zoning Board whenever the application is being considered. Failure to appear shall give the Planning Board or Zoning Board the right to postpone action on the application for that particular meeting or deny and dismiss the application without prejudice if applicant or his agent's absence deprives the Planning Board or Zoning Board of information necessary to make a decision
§ 96-25 Filing, referral, classification and completeness procedures.
A.
Filing. The applicant shall submit 20 copies of all required exhibits as set forth under the appropriate subdivision/plan review stage of this article together with an application form and all applicable fees to the Board Secretary. The time for the Board's review shall not begin to run until the receipt of a certified complete application with the required fee.
[Amended 8-3-2006 by Ord. No. O-2006-2]
B.
Referral. The Board Secretary shall forward, upon receipt of a subdivision/site plan application in proper form with requisite fees, one copy of each application to the Board Attorney, Township Planner, Environmental Consultant and Township Engineer for their determination of completeness and classification of the subdivision. The Township Planner and Engineer shall report back to the Planning Board Secretary within 10 days of the filing date whether the application is complete or noting items omitted or other deviations of ordinances, who shall transmit such information to the applicant within the statutory time period.
C.
Completeness. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the above. 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 date of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the municipal agency has notified the applicant, in writing, of the deficiencies in the application. The applicant must request that one or more of the submission requirements be waived, in which event the agency or its authorized committee 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 they are entitled to approval of the application. The municipal agency may subsequently require correction of 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 for development have been met. The application shall be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
[Added 7-20-2004 by Ord. No. O-2004-6]
D.
Classification. The Planning Board Secretary shall preliminarily determine whether the Planning Board or Zoning Board of Adjustment has approval jurisdiction on the application. The Board Secretary may confer with the Township Attorney in making this determination. The Planning Board Secretary shall classify the application as either a minor or major subdivision. These determinations and classifications by the Secretary are subject to review and final decision by the respective Boards.
E.
Submission checklist. There is adopted by ordinance an official submission checklist which specifies the information that must accompany all applications under this chapter. No application shall be deemed complete under N.J.S.A. 40:55D-10.3 unless these requirements have been met or waived from same requested by the applicant.[1]
[Added 7-20-2004 by Ord. No. O-2004-6; amended 4-3-2008 by Ord. No. O-2-2008]
[1]
Editor's Note: The current Land Development Checklist is on file in the Planning and Zoning office.
§ 96-26 Requirements common to concept, minor, preliminary and/or final plat stages.
[Amended 8-3-2006 by Ord. No. O-2006-2]
A.
Map details. All maps or other documents submitted for subdivision plat or site plan review shall contain the following information in addition to specific plat/plan details as required for each review stage noted herein:
(1)
Title and location of the property.
(2)
Name and address of landowner and applicant. If a corporation is landowner or applicant, the principal office and name of president and secretary shall be included.
(3)
Name, address and professional license number and seal of the professional preparing documents and drawings. All plats or plans, except those prepared at the sketch stage, shall be signed and sealed by a licensed public engineer, planner, or land surveyor of the State of New Jersey.
(4)
Place for signature of the Chairman and Secretary of the Planning Board.
(5)
Date of plat and any modifications thereto.
(6)
The following legends shall be on the plat map:
(SKETCH) | ||||||
(PRELIMINARY) or (FINAL) | ||||||
a. | PLAN OF: | |||||
BLOCK: | LOT: | ZONE: | ||||
DATE: | SCALE: | |||||
APPLICANT: | ||||||
ADDRESS: | ||||||
CONTROL NO.: | ||||||
b. | I CONSENT TO THE FILING OF THIS SUBDIVISION PLAT/PLAN WITH THE PLANNING BOARD OF ELK TOWNSHIP. | |||||
(Owner) | (Date) | |||||
c. | To be signed before issuance of a building permit and incorporated only on a final plat of a major subdivision or final plan (as applicable). | |||||
(If Improvements Installed) | ||||||
(Township Engineer) | (Date) | |||||
(If Bond Posted) | ||||||
(Township Clerk) | (Date) | |||||
d. | The appropriate approval signature block to be incorporated depending on whether subdivision is a minor or a major or plan is receiving preliminary or final approval (check appropriate line). | |||||
1. Minor Subdivision ______ | 2. Major Subdivision ______ | |||||
3. Preliminary Plan ______ | 4. Final Plan ______ | |||||
Approved | ||||||
(Date of Board Approval) | ||||||
(Chairman) | (Date) | |||||
(Planning Board Secretary) | (Date) | |||||
e. | EXPIRATION OF APPROVAL | |||||
Major Subdivision: Preliminary | 3 Years | |||||
Major Subdivision: Final | 2 Years | |||||
Minor Subdivision | 2 Years | |||||
Preliminary Plan | 3 Years | |||||
Final Plan | 2 Years | |||||
Date (without extensions): ____________ | ||||||
Note: Deed to subdivision must be filed with County Clerk within 190 days of date of adoption of resolutions of Board approval. | ||||||
B.
Other information. The Planning Board may require such additional information not specified in this section, 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 for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
§ 96-28 Compliance with other ordinances.
A.
Information and documents required for other Township codes and ordinances such as soil erosion and sedimentation plans or stormwater management plans[1] shall be submitted as part of an application for subdivision approval and may be used to comply with subdivision submission requirements for particular stages as applicable.
B.
Waiver of information required. The Planning Board may waive submission of any required exhibits in appropriate cases and for specific subdivision plats. Request for such waivers shall accompany a subdivision application, stating the reasons why such waiver(s) is being requested.
§ 96-29 General development plan requirements.
A.
Applicants of planned developments of at least 100 acres comprised of a minimum of 75 dwelling units, or 150,000 square feet of nonresidential building area, shall have the option of bifurcating preliminary approval into two phases: phase one, general development plan, and phase two, preliminary approval. An applicant may seek variances for density, nonresidential square footage or use at the time of phase one submission. All other variances shall be sought at phase two.
B.
An applicant for planned unit development (PUD), planned residential development (PRD), or planned industrial development (PID) approval shall first submit a general development plan (GDP) for approval by the Planning Board. The GDP shall follow generally the procedures and submission requirements contained in the New Jersey enabling statutes of the Municipal Land Use Law[1] and in this chapter. Fifteen copies of the GDP shall be submitted to the Administrative Officer and shall contain the following information:
(1)
A general land use plan at a scale not less than one inch equals 200 feet indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth and the land area to be occupied by each proposed use shall be estimated. The density and intensity of the use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided.
(2)
Circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development.
(3)
An open space plan showing the proposed land area and general location of parks and any other land areas to be set aside for conversation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of said lands.
(4)
A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal and a plan for the operation and maintenance of proposed utilities.
(5)
A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site.
(6)
An environmental inventory including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site's existing man-made structures or features and the probable impact of the development on the environmental attributes of the site.
(7)
A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to, educational or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations.
(9)
A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal.
(10)
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school districts according to the timing schedule provided under Subsection B(11) of this section and following the completion of the planned development in its entirety.
(11)
A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety.
(12)
A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
General development plan (GDP) approval procedure.
(1)
Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development shall submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board pursuant to Article VI.
(2)
The Planning Board shall grant or deny general development 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 Planning Board to act within the period prescribed shall constitute GDP approval of the planned development.
D.
General development plan; timing schedule; modification.
(1)
If, after the approval of a GDP, the applicant wishes to revise the timing schedule, or wishes to make any variation in the location of land uses within the development, or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the development, the applicant shall be required to gain the prior approval of the reviewing board, except that the applicant may 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 an applicant may not reduce the number of low- and moderate-income residential units to be provided, if any, without the prior approval of the reviewing board, and provided further there shall be no reduction in the level of improvements, off-tract contributions, or similar conditions of the general development plan (GDP) without prior approval of the Board.
(2)
A revision to the timing schedule shall be reviewed by the reviewing board and the granting or denial of any extensions of time shall be based on the degree to which matters are judged to be, or have been, within the reasonable control of the applicant, or the degree to which matters may have been beyond the control of the applicant.
(3)
Upon acquiring a certificate of occupancy for every residential unit and every nonresidential structure in each section of the development as set forth in the approved GDP, the applicant shall notify the Administrative Officer, by certified mail, as evidence that the applicant is fulfilling his obligations under the approved GDP. If the Township does not receive such notification at the completion of any section of the development, the Township shall notify the applicant, by certified mail, in order to determine whether the terms of the approved plan are being complied with.
(4)
If the applicant does not complete any section of development within eight months of the date provided for in the approved GDP, or if at any time the Township has cause to believe that the applicant is not fulfilling their obligations pursuant to the approved GDP, the Township shall notify the applicant, by certified mail, and the applicant shall have 10 days within which to give evidence that they are fulfilling their obligations pursuant to the approved GDP. The Township thereafter shall conduct a hearing to determine whether the applicant is in violation of the approved GDP. If after the hearing, the Township finds good cause to terminate the approval, it shall provide written notice of same to the applicant, and the approval shall be terminated 30 days thereafter.
(5)
In the event that an applicant who has GDP approval does not apply for preliminary site plan or subdivision approval for the planned development which is the subject of the GDP approval within five years of the date upon which the GDP has been approved by the reviewing board, the Township shall have cause to terminate the approval. For purposes of this article, the application for preliminary approval within the five-year period as required herein will be satisfied by submitting one or more applications for one or more sections of a phased development within this five-year period, and will remain in compliance provided subsequent preliminary plat submissions for further sections of the development are submitted in a timely manner consistent with the timing schedule approved as part of the general development plan (GDP).
(6)
In the event that a development which is the subject of an approved GDP is completed before the end of the term of the approval, the approval shall terminate and the development shall be considered complete on the date upon which the certificate of occupancy has been issued for the final residential and nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved GDP and the applicant has fulfilled all his obligations pursuant to the approval.
E.
General development plan hearing on modifications required.
(1)
Except as provided hereunder, the developer shall be required to gain the prior approval of the Planning Board if, after approval of the GDP, the developer wishes to make any modification in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.
(2)
Any modification in the location of land uses or increase in density or floor area ratio proposed in reaction to a negative decision of, or condition of development approval by the New Jersey Department of Environmental Protection (NJDEP), shall be approved by the Planning Board if the developer can demonstrate to the satisfaction of the Planning Board that the modification being proposed is a direct result of such determination by the NJDEP.
F.
General development plan (GDP) certification upon completion; general development plan failure to complete or comply; GDP termination of approval.
(1)
Upon the completion of each section of the development as set forth in the approved GDP, the developer shall notify the Board Secretary by certified mail as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this section, "completion of any section of the development” shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved GDP. If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not terms of the approved plan are being complied with. If a developer does not complete any section of the development within eight months of the date provided for in the approved plan, or if at any time the municipality has cause to believe that the developer is not fulfilling their obligations pursuant to the approved plan, the municipality shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that they are fulfilling their obligation pursuant to the approved plan. The municipality thereafter shall conduct a hearing to determine whether the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer, and the approval shall be terminated 30 days thereafter.
(2)
In the event that a developer who has general development plan (GDP) approval does not apply for preliminary approval for the planned development which is subject of that GDP approval within five years of the date upon which the GDP has been approved by the Planning Board, the municipality shall have cause to terminate the approval.
(3)
GDP satisfactory completion. In the event that a development which is the subject of an approved GDP is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purpose 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 GDP and the developer has fulfilled all of his obligations pursuant to the approval.
§ 96-30 Concept site plans for minor or major subdivisions.
A.
Objectives of review. Applicants for preliminary approval are encouraged to submit for review by the Development Review Committee, if adopted or created by Township Committee, concept plans for informal discussions and recommendations. The concept plan shall be reviewed to determine the proposal's compliance with applicable Township ordinances and the general site design concept, including use, location and bulk; buildings and improvements; density; open space; traffic and pedestrian patterns; and other general design components. The concept plan shall be to scale, but detailed dimensions need not be shown.
B.
Concept plans shall be used as a basis for changes and redesign so as to avoid undue expense and delay in preparing more detailed plans and specifications in subsequent review stages. The Review Committee shall not be governed by any statutory time limits in its review of concept plans, and it is expressly understood that compliance with the Review Committee recommendations shall not bind the Board in subsequent deliberations.
C.
Application. Twenty copies of the concept plan, an application in a form approved by the Planning Board, and the requisite fee, if deemed a major subdivision, shall be delivered to the Planning Board Secretary in accordance with the procedures set forth herein.
[Amended 8-3-2006 by Ord. No. O-2006-2]
D.
Concept plan details. The concept plan may be prepared by the applicant and contain sufficient information for discussion by the Development Review Committee and the applicant.
E.
Minor plan. In addition to the information required for a zoning permit, all minor plans shall fulfill the information requirements of this section prior to review by the reviewing board, which shall be set forth in a checklist and provided to each applicant. Minor plans shall show the proposed improvements, alterations or change of use on a copy of a plan which has been duly approved, if there be one, or on a plan signed by a New Jersey licensed engineer, architect or land surveyor who prepared it, showing the following:
(1)
Name and address of the property owner and applicant.
(2)
The proposed addition or modification, the location of parking areas, and the number of parking spaces; all dimensioned and referenced to lot lines and center lines of streets.
(3)
The existing and proposed use of all buildings, structures or parts thereof.
(4)
The existing and proposed type of paving.
(5)
Location and delineation of all freshwater wetlands and freshwater wetland transition areas.
(6)
The block, lot and Tax Map sheet numbers, as per the Assessor's records.
(7)
The north designation, by arrow.
(8)
The names and widths of all abutting streets.
(9)
The on-site accessways, existing and proposed, with referenced dimensions.
(10)
The curb openings, existing and proposed, with referenced location, width at curbline and at the property line.
(11)
The location of all stormwater inlets within 100 feet of the property boundaries.
(12)
Such other details as may apply to the proposed improvements or change of use.
F.
Minor subdivision plats shall be required to rely only on existing information available from the Township Master Plan documents, natural resource inventory and engineering data available from the Township Engineer.
G.
All plats shall be based on accurate information at a scale of not more than one inch equals 100 feet to enable the entire tract to be shown on one sheet.
H.
Plats shall include the items listed below and be signed by the New Jersey licensed engineer, architect or land surveyor who prepared it, showing the following:
(1)
A location map showing the entire tract to be subdivided, giving the accurate location of all existing and proposed property and street lines, at a scale of one inch equals 2,000 feet or larger scale, showing the entire subdivision and its relation to all features shown on the Official Map and Master Plan and located within 1/2 mile of the extreme limits of the subdivision and the zoning classification of the proposed subdivision and of adjacent land.
(2)
The location of existing houses, buildings and other structures, with accurate dimensions from all existing and proposed lot lines, wooded areas and isolated trees more than five inches in diameter, and topography with the portion to be subdivided and within 200 feet thereof, at twenty-foot, or smaller, contour intervals. (USGS topographic quadrant maps are acceptable for topography at this stage).
(3)
The name of the owner, all adjoining property owners and those across existing or proposed streets as disclosed by the most recent Township tax records.
(4)
The Tax Map sheet, date of revision, block and lot numbers and zone district of the tract proposed to be subdivided.
(5)
The location of existing or proposed streets, roads, easements, public rights-of-way, streams, bridges, culverts, drainage ditches and natural watercourses in and within 500 feet of the subdivision. Also, indicate all Township Master Plan proposals on-site or off-tract within 500 feet of the proposed subdivision.
(6)
The original and proposed lot layout, lot dimensions, all required setback lines, and lot area of each lot in square feet and acreage. Lots shall be designated by letters for minor subdivisions and by consecutive numbers for major subdivisions until given official lot number designations by the Township Tax Assessor.
(7)
As applicable, date of original preparation and date of revision, if any, or plat, as well as old name if submitted previously under different title.
(8)
Acreage of tract to be subdivided to nearest tenth of acre, and if open space cluster, area of the open space.
I.
Distribution. If classified as a minor subdivision, one copy of the plat shall be retained for the Planning Board file and one copy of the plat shall be forwarded by the Board Secretary to each of the following for review and comment:
(1)
Township Planning Board.
(2)
Township Planner.
(3)
Township Tax Assessor.
(4)
Planning Board Attorney.
(5)
Township Engineer.
(6)
Township Construction Official.
(7)
Fire Chief.
(8)
Other agencies as may be determined by the Planning Board (e.g., school board secretary, clerk of adjoining township, NJDOT, etc.).
J.
Action.
(1)
The Planning Board shall act within 45 days of the application being certified as a complete application for a minor subdivision or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the prescribed time period shall constitute approval of the application.
(2)
The Board shall not approve or conditionally approve the minor subdivision prior to receipt of comments by the above agencies or officials, or before 30 days from the filing date has elapsed without any comments, whichever occurs first. Further, the Planning Board shall have the right to approve or change the classification of the subdivision by a majority vote.
K.
If approved, a notation to the effect shall be made on the plat and it shall be signed by the Planning Board Chairman and the Planning Board Secretary and returned to the subdivider within one week following the memorialization of the Planning Board's official action.
L.
If rejected, the reasons for rejection shall be noted in the resolution adopted by the Board. The Planning Board may attach conditions of approval to any minor subdivision.
M.
Filing with County Recording Officer. If approved as a minor subdivision, a plat drawn in compliance with Chapter 141 of the Laws of 1960[1] or a deed stamped with the date of the Planning Board approval shall be filed by the subdivider with the County Recording Officer and Township Engineer within 190 days from the date on which the resolution of approval was adopted. If not filed within this period, said subdivision approval shall expire.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
N.
Approved minor subdivisions; municipal distribution. Before the Construction Official issues a building permit for the approved minor subdivision, the applicant shall provide the Board Secretary with a certificate of filing from the County Clerk's office. The Board Secretary shall distribute copies of the approved subdivision to each of the following:
Distribution | Number of Prints | |
Township Engineer | 2 | |
Tax Assessor | 1 | |
Zoning Officer | 1 | |
Applicant | 1 | |
Planning Board file | 1 | |
Construction Official | 1 for each lot and block |
O.
Effect of minor subdivision approval. The granting of minor subdivision approval shall guarantee 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 the adoption of resolution of approval, provided the minor subdivision shall have been duly recorded as provided herein. Applicants shall be responsible for necessary approvals prior to development as may be required by other Township codes and ordinances.
§ 96-31 Preliminary approval for major subdivision.
A.
Objectives of review.
(1)
The preliminary plat shall be reviewed to determine the acceptability of the detailed design concept and shall be in sufficient detail to enable the Board to ascertain compliance with the performance standards and other standards of this section as well as applicable Township ordinances.
(2)
Applications for planned unit developments or major plans shall have the option of bifurcating preliminary approval into two phases: phase one, general development plan, and phase two, preliminary approval. An applicant may seek variances for density, nonresidential square footage or use along with phase one. All other variances shall be sought at phase two.
B.
Application. Twenty copies of the preliminary plat, an application in a form approved by the Planning Board, and the requisite fee shall be delivered to the Board Secretary in accordance with the procedures set forth herein.
[Amended 8-3-2006 by Ord. No. O-2006-2]
C.
Preliminary plat details. The preliminary plat, notwithstanding any other requirement stipulated by this article, shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet and shall contain or be accompanied by the following information, except the Planning Board may waive any requirement or request additional information where it is clearly appropriate to the particular application:
(1)
A key map at a scale not smaller than one inch equals 2,000 feet showing the relation of the portion to be subdivided to the entire tract, and the relation of the entire tract to the neighborhood for at least 1,000 feet beyond its boundaries.
(2)
The tract name, Tax Map sheet, block and lot number, date reference meridian, graphic scale and the following names and addresses:
(3)
Acreage of tract to be subdivided to nearest tenth of an acre.
(4)
Contours at five-foot intervals for slopes averaging 10% or greater, and at one-foot intervals for land of lesser slope shall be required. Contours shall be in the United States Coast and Geodetic Control Survey Datum. At least two permanent bench marks for each 50 acres or portion thereof shall be established on opposite ends of the proposed subdivision, and their locations, descriptions and elevations shall be noted on the preliminary plat. For preliminary applications only, the applicant may rely on existing topographic information on file in the Township Engineer's office, provided there have been no major changes in the site's topography, and that if requested by the Township Engineer, specific portions of the site topography will be updated if required, at the applicant's expense, to approve the project's stormwater control drainage plan.
(5)
The location of existing and required setback lines, streets within 200 feet of the subdivision, the location of existing and proposed buildings, watercourses, floodplains, railroads, bridges, culverts, drain pipes, and all natural features such as wooded areas and rock formations. Also indicate all Township Master Plan proposals on-site or off-tract within 500 feet of the proposed subdivision.
(6)
When a public sewage disposal system is not available, the current rules, regulations and procedures of the County Board of Health shall be followed in submission of sufficient percolation test and soil log data that will enable the Board of Health to make a recommendation to the Township Planning Board. An adverse report by the County Health Department shall be deemed as sufficient grounds for the Planning Board to disapprove said subdivision or portion thereof. The Planning Board will not reconsider any subdivision, or portion thereof, so disapproved until the requirements of the Board of Health are met.
(7)
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
(8)
Plans and profiles showing proposed utility layouts (sanitary sewers, storm drains, water, detention basins, etc.) showing feasible connections to existing or proposed utility systems. Cross sections of streets may be required by the Township Engineer. Locations of fire hydrants and streetlights shall be established with the aid of the Township fire protection official and the Township Engineer, respectively.
(9)
Each block and lot shall be numbered in accordance with the system of numbers which will ultimately be the numbers shown on the Township Tax Map.
(10)
A drainage plan shall be submitted which shall show the existing contours, proposed finished grade elevations at street intersections and breaks in grade, proposed rates of grades of streets, locations of drainage subbasin limits, proposed method of block drainage including proposed (down) slope arrows, all drainage systems and structures, including sizes and invert and casting elevations. The plan shall be accompanied by a set of drainage computations certified by a professional engineer. Where brook or stream channel improvements are proposed or required, the plans for such improvement shall be approved by the Department of Environmental Protection or the Gloucester County Planning Board, where applicable.
(11)
All proposed lot lines, dimensioned in feet and tenths, and the approximate area of all lots in square feet as well as any open spaces proposed to be dedicated for public use.
(12)
When the development of the subdivision or improvements within the subdivision are contingent upon improvements outside the boundaries of said subdivision, information shall be supplied by the subdivider prior to Planning Board consideration for preliminary approval that the improvements outside the subdivision shall be installed and shall be available to the subdivider prior to the issuance of any certificate of occupancy for the project or phase of a project that is the subject of a development application.
(13)
Any open space proposed to be dedicated for public use, playgrounds or other public purpose, and the location and use of all such property shall be shown on the plat.
(14)
When deemed necessary to determine the suitability of the soil to support new construction, the Planning Board may require as a condition of final approval, test holes or borings to be made by a licensed New Jersey engineer or an approved testing laboratory at the expense of the subdivider under the direction of the Township Engineer, prior to the commencement of construction.
(15)
Statement accompanying preliminary plat indicating type of structure(s) to be erected; approximate date of construction start, a phasing plan for the entire subdivision indicating the estimated number of lots on which final approval will be requested for the first section.
(16)
All items as in a full or partial environmental impact statement or statement as to why certain items may not apply.
(17)
A traffic signage plan in conformance with accepted engineering standards.
(18)
Fresh water wetlands certification or Department of Environmental Protection verified determinations.
(19)
All required construction details.
(20)
A landscape plan, prepared by a certified or licensed landscape architect, at a minimum scale of one inch equals 50 feet or larger. Different graphic symbols shall be used to show location and spacing of shade trees, ornamental trees, evergreen trees, shrubs, and ground cover. The size of the symbol must be representative of the size of the plant and shown to scale. The plan shall:
(a)
Illustrate the proposed plan elements as they relate to existing structures and site amenities, including existing woodlands, isolated trees greater than five inches in caliper, existing topographic contours, and any and all other natural environmental features;
(b)
Show the intent, location, and type of all existing and proposed landscaping and buffering;
(c)
Conceptually indicate plant types and general construction materials to be used, as appropriate;
(d)
Provide on-site photographs of existing features and topography, as appropriate;
(e)
Contain a planting schedule, including specific plant botanical and common names, sizes, root, spacing, and comments;
(f)
Indicate all existing vegetation to be saved or removed;
(g)
Show the location, form, height and width of other landscape architectural materials such as berms, fences, walls, site furniture, bridges, and walks. When required, a section to show the effective height of a proposed berm or fence in relation to the height of the area being screened from should be provided (i.e., center line of road to building); and,
(h)
Show all open space areas in adjacent developments on the project location map.
D.
Preliminary plat review.
(1)
Preliminary plat review shall be within 45 days of the submission to the Board Secretary of a certified complete subdivision plat application for 10 lots or less, within 95 days of submission of a certified complete application for a subdivision application of more than 10 lots, or within such further time as may be agreed upon by the developer that the Planning Board shall act upon the application.
(2)
Distribution. Upon receipt of a complete application, the Board Secretary shall submit one copy to each member of the Subdivision Committee and one copy of the application to the following professionals and boards:
(a)
Township Planning Board.
(b)
Township Planner.
(c)
Township Tax Assessor.
(d)
Planning Board Attorney.
(e)
Township Engineer.
(f)
Township Construction Official.
(g)
Township Fire Chief.
(h)
Fire Inspector.
[Amended 8-3-2006 by Ord. No. O-2006-2]
(i)
Chief of Police.
[Added 8-3-2006 by Ord. No. O-2006-2]
(j)
Other agencies as may be determined by the Planning Board (e.g., school board secretary, clerk of adjoining township, NJDOT, etc.).
[Amended 8-3-2006 by Ord. No. O-2006-2]
E.
Preliminary plat hearing. All actions of the Planning Board on preliminary subdivision plats shall be after a public hearing. Public notice of an application as provided in this chapter shall be required for all major subdivision plats. Applicants for major subdivision plats requiring variances by the Planning Board shall also be required to provide public notice of application.
F.
Preliminary plat action. After the conclusion of the hearing, but in no event later than the first regular meeting following the hearing, the Planning Board shall by resolution approve, disapprove, or conditionally approve the preliminary plat, stating findings of facts and conclusions based thereon.
G.
Effect of preliminary approval. Preliminary approval of a subdivision plat shall, except as provided in § 96-30 herein, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
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 dimension and on-site and off-tract improvements, and any requirements peculiar to the specific subdivision plat. The Township may modify by ordinance such general terms and conditions of preliminary approval as they relate to public health and safety.
(2)
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 subdivision plat.
H.
Extension of preliminary approval.
(1)
The applicant may apply for and the Planning Board 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.
(2)
In the case of a subdivision plat for an area of 50 acres or more, the Planning Board may grant the rights referred to above for such period of time, longer than three years, as shall be determined by the Planning Board 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 thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board 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.
I.
Approved preliminary plat municipal distribution. The Board Secretary shall distribute copies of the approved preliminary plat with construction plans to each of the following:
[Amended 8-3-2006 by Ord. No. O-2006-2]
Distribution | Number of Prints | |
Township Engineer | 1 | |
Applicant | 1 | |
Planning Board file | 1 | |
Township Fire Chief | 1 | |
Chief of Police | 1 |
§ 96-32 Preliminary site plan approval.
A.
Application. Twenty copies of the preliminary plan, an application in a form approved by the Planning Board, and the requisite fee shall be delivered to the Planning Board Secretary.
[Amended 8-3-2006 by Ord. No. O-2006-2]
B.
Preliminary plan details. The preliminary plan application technical materials, notwithstanding any other requirements of this or other Township ordinances, which shall be set forth in a checklist and provided to each applicant, shall contain the following:
(1)
Locator map at a scale of one inch equals 2,000 feet, or larger scale, showing the lot and block number of the parcel in question and the lot and block numbers of adjacent and opposite properties. This map should also show any contiguous lot in which the applicant has any direct or indirect interest, and the nature of their interest.
(2)
Photographs of the property where necessary to show any unusual topographic, environmental or physical aspect of the site. This would include but not be limited to vegetation, natural drainageways, wetlands and existing structures and improvements.
(3)
A preliminary plan at a scale of one inch equals 50 feet, or larger scale, and any supplemental plans that are necessary to properly depict the project. In the case of a complex project, a scale other than one inch equals 50 feet may be submitted provided that one copy of a photomechanical reduction to a scale of one inch equals 50 feet is submitted. The preliminary plan shall show at least the following information:
(a)
North arrow, scale, graphic scale, date and notes and dated revisions.
(b)
The zoning district in which the parcel is located together with the district boundaries included within the boundaries of the parcel or within 200 feet therefrom. All setback lines, landscape strips and buffers, building heights and other bulk requirements shall be shown and dimensioned. Any deviation from requirements of this section shall be specifically shown.
(c)
Survey map, prepared by a New Jersey licensed surveyor, showing boundaries of the properties, lines of all existing streets and roads, easements, rights-of-way, and areas dedicated to public use within 200 feet of the development. These shall be dimensioned, and where applicable, referenced as to direction.
(d)
Reference to any existing or proposed deed restrictions or exceptions concerning all or any portion of the parcel. A copy of such covenants, deed restrictions or exceptions shall be submitted with the application.
(e)
The existing and proposed contours, referred to U.S. Coast and Geodetic Survey Datum, at a contour interval of not less than one foot. Existing contours are to be indicated by solid lines. Location of high points, watercourses, drainageways, depressions, ponds, marshes, vegetation, wooded areas and other significant existing features, including previous flood elevations of watercourses, ponds and areas as determined by survey.
(f)
The location, size, elevation, slope and type of storm drainage structures and other utility structures, above and below grade, whether publicly or privately owned. Design calculations supporting the adequacy of proposed drainage structures and/or surface drainage shall be submitted. The plan shall include existing ponds, streams and watercourses as well as the designated open space, if applicable.
(g)
The location of all existing buildings, bridges, culverts, paving, lighting, signs or any other structures with grade elevations for each structure.
(h)
The distances measured along the right-of-way lines of existing streets abutting the property to the nearest intersection with other streets.
(i)
The proposed use or uses of the land, buildings and structures.
(j)
The quantitative aspects of the proposal such as improvement coverage, number of units, square feet of construction, density, coverage, number of employees, number of residents and area of land, etc. Specifically identified on the plan, in tabular form, shall be pertinent zoning data, indicating the bulk/area requirements of the zone in which the proposed development is located and how the proposed development corresponds to the zoning requirements.
(k)
The proposed buildings and structures and any existing structures to remain, with dimensions, setbacks, heights (in feet and stories), and first floor or grade elevations. Existing buildings and structures to be removed shall be indicated. Sketch typical building elevations indicating type of material to be used.
(l)
The location and design of any off-street parking areas, bicycle parking, service, trash or loading areas showing size and location of bays, aisles, barriers, planters, maneuvering areas, and traffic patterns.
(m)
The means of vehicular access for ingress to and egress from the site, showing the proposed traffic channels, lanes and any other structure or device intended to control traffic.
(n)
The location, design, and size of on- or off-site pedestrian parks and bicycle pathways, open space, common open space, plazas and recreation areas or any other public use areas.
(o)
The location and design of all proposed utility structures and lines, stormwater drainage on site and off tract, with manholes, inlets, pipe sizes, grades, inverts and directions of flow, as well as telephone, power and light, water hydrant locations, sewer and gas, whether publicly or privately owned. Where on-site sewage disposal systems and/or potable water wells are provided these shall be located on the plan indicating size of system and distance between wells and septic fields.
(p)
The location and design of the proposed screening, landscaping and planting, including a planting plan and schedule of plant materials.
(q)
The location of all outdoor lighting (freestanding or on building), the size, nature of construction, lumens, heights, area and direction of illumination, footcandles produced, typical manufacturer cuts illustrating style, and time controls proposed for outdoor lighting and display.
(r)
The location and design of all signs, the size, nature of construction, height and orientation, including all identification signs, traffic and directional signs and arrows, freestanding and facade signs and time controls for sign lighting.
(s)
The location and size of all proposed easements, rights-of-way, public areas to be dedicated to the public or to be restricted or defined by deed or any other arrangement. Also the location of any Master Plan proposals indicating roadway, public area or facility shall be shown.
(t)
A tabulation of a proposed building's perimeter that fronts on a public or private street or on a fire apparatus space expressed in feet as well as percentage of total building perimeter linear footage shall be indicated as part of site data information on a plan.
(4)
All items as required in the environmental impact statement or statement concerning such which does not apply.
(5)
Where applicable, the method by which any common or public open space or commonly held building or structure is to be owned and maintained.
(6)
Such other material deemed necessary by the Planning Board to evaluate the physical, fiscal or socioeconomic impact of the proposed development upon the Township.
(7)
A landscape plan at a minimum scale of one inch equals 50 feet or larger. Different graphic symbols shall be used to show location and spacing of shade trees, ornamental trees, evergreen trees, shrubs, and ground cover. The size of the symbol must be representative of the size of the plant and shown to scale. The plan shall:
(a)
Illustrate the proposed plan elements as they relate to existing structures and site amenities, including existing woodlands, isolated trees greater than five inches in caliper, existing topographic contours, and any and all other natural environmental features;
(b)
Show the intent, location, and type of all existing and proposed landscaping and buffering;
(c)
Conceptually indicate plant types and general construction materials to be used, as appropriate;
(d)
Provide on-site photographs of existing features and topography, as appropriate;
(e)
Contain a planting schedule, including specific plant botanical and common names, sizes, root, spacing, and comments;
(f)
Indicate all existing vegetation to be saved or removed;
(g)
Show the location, form, height and width of other landscape architectural materials such as berms, fences, walls, site furniture, bridges, and walks. When required, a section to show the effective height of a proposed berm or fence in relation to the height of the area being screened from should be provided (i.e., center line of road to building); and,
(h)
Show all open space areas in adjacent developments on the project location map.
C.
Preliminary plan review. Within 45 days of receipt by the Planning Board Secretary of a complete plan application for 10 acres of land or less and 10 dwelling units or less, or within 95 days of receipt of a complete application for a plan of more than 10 acres or more than 10 dwelling units or within such further time as may be agreed upon by the developer, the Planning Board shall act upon the application. Upon receipt of a complete application the Board Secretary shall submit one copy to each member of the Plan\Subdivision Review Advisory Board and one copy of the application to the following professionals and boards:
D.
Preliminary plan hearing. All actions of the Planning Board on preliminary plans shall be at a public hearing. Public notice of an application as provided in § 96-37 of this chapter shall be required.
E.
Preliminary plan action. After the conclusion of the hearing, but in no event later than the first regular meeting following the hearing, the Planning Board shall by resolution approve, disapprove, or conditionally approve the preliminary plan, stating reasons for any disapproval.
F.
Decisions of Planning Board. See § 96-32 of this chapter for decisions on site plan applications under varying procedural conditions.
G.
Effect of preliminary approval. Preliminary approval of a plan shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
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 on-site and off-tract improvements; and any requirements peculiar to the specific plan. The Township may modify by ordinance such general terms and conditions of preliminary approval as they relate to public health and safety provided such modifications are in accord with amendments adopted by ordinance subsequent to approval.
(2)
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 plan.
H.
Extension of preliminary approval.
(1)
The applicant may apply for and the Planning Board 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.
(2)
In the case of a plan for an area of 50 acres or more, the Planning Board may grant the rights referred to above for such period of time, longer than three years, as shall be determined by the Planning Board 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 thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board 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.
(3)
In the event no extension is applied for, preliminary approval shall expire and the site plan shall lapse three years from such approval.
§ 96-33 Final plat approval for major subdivision.
A.
Objectives of review. The final plat shall be reviewed to determine whether it substantially conforms to the approved preliminary plat and to the conditions of preliminary approval and the Map Filing Law,[1] and to assure proper posting of performance and maintenance bonds.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Application. Twenty copies of the final plat, an application in a form approved by the Planning Board, and the requisite fee shall be delivered to the Board Secretary. The final plat shall be submitted to the Planning Board for final approval within three years from the date of preliminary plat approval or within such extension as provided herein.
[Amended 8-3-2006 by Ord. No. O-2006-2]
C.
Final plat details. The final plat, notwithstanding any other requirements stipulated by this article or other Township ordinances, shall be drawn in ink on tracing cloth, Mylar, or equal, at a scale of one inch equals 50 feet, except where otherwise permitted by the Planning Board and in compliance with all the provisions of Chapter 141 of the Laws of 1960 (Map Filing Law). The final plat shall contain or be accompanied by:
(1)
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
(2)
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land reserved or dedicated to public use, all lot lines and other site lines; with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves.
(3)
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
(4)
Each block and lot shall be numbered in accordance with the system of numbers which will ultimately be the numbers shown on the Township Tax Map.
(5)
Location of all monuments.
(6)
Names of owners and lot numbers of adjoining unsubdivided land.
(7)
Certification by a land surveyor licensed in the State of New Jersey as to accuracy of details of plat.
(8)
Certification that the applicant is the agent or owner of the land, or that the owner has given consent under an option agreement.
(9)
When approval of a plat is required by any officer or body of such municipality, county or state, approval shall be certified on the plat.
(10)
Final construction plans and profiles showing proposed utility layouts (sanitary sewers, storm drains, water, gas, electric, detention basins, etc.) showing connections to existing or proposed utility systems. Cross sections of streets may be required by the Township Engineer.
(11)
A final drainage plan shall accompany the final plat. Such drainage plan shall show the same information as required on the preliminary plat with the addition that the individual lot grading shall be shown as follows: final grades shall be shown for each lot corner, all high and low points and breaks in grade and at the corners of tentative house locations. If it is intended to use drainage swales, the elevation of these swales shall be shown.
(12)
The proposed names of all streets within the subdivision shall be shown and shall be subject to approval by the Planning Board. Such approval shall consider any written recommendation from the Elk Fire Company and Gloucester County Emergency Dispatch (911).
(13)
A soil erosion control plan and narrative shall accompany the final plat. Such soil erosion control plan shall show the same information as required on the final drainage plan. The soil erosion control plan and the final drainage plan may be combined as one plan.
(14)
A landscape plan, prepared by a certified or licensed landscape architect, at a minimum scale of one inch equals 50 feet or larger. Different graphic symbols shall be used to show location and spacing of shade trees, ornamental trees, evergreen trees, shrubs, and ground cover. The size of the symbol must be representative of the size of the plant and shown to scale. The plan shall:
(a)
Illustrate the proposed plan elements as they relate to existing structures and site amenities, including existing woodlands, isolated trees greater than five inches in caliper, existing topographic contours, and any and all other natural environmental features;
(b)
Show the intent, location, and type of all existing and proposed landscaping and buffering;
(c)
Conceptually indicate plant types and general construction materials to be used, as appropriate;
(d)
Provide on-site photographs of existing features and topography, as appropriate;
(e)
Contain a planting schedule, including specific plant botanical and common names, sizes, root, spacing, and comments;
(f)
Indicate all existing vegetation to be saved or removed;
(g)
Show the location, form, height and width of other landscape architectural materials such as berms, fences, walls, site furniture, bridges, and walks. When required, a section to show the effective height of a proposed berm or fence in relation to the height of the area being screened from should be provided (i.e., center line of road to building); and,
(h)
Show all open space areas in adjacent developments on the project location map.
D.
Final plat review. Within 45 days after the final plat application has been certified as complete, or within such further time as may be agreed upon by the applicant, the Planning Board shall approve the application for final plat approval with or without conditions, provided the following requirements are met:
(1)
The detailed drawings and specifications meet all applicable Township codes and ordinances;
(2)
The final plats are substantially the same as the approved preliminary plats;
(3)
The bonds have been posted to ensure the installation of all improvements;
(4)
The applicant agrees in writing to all conditions of final approval; and
(5)
Proof has been submitted that all taxes and assessments for local improvements on the property have been paid.
E.
Distribution.
(1)
Upon receipt of a complete application, the Board Secretary shall submit one copy to each member of the Subdivision Committee and one copy to each of those professionals and boards or agencies having received a copy of the preliminary plat.
F.
Review. The professionals and boards or agencies shall have a period of 30 days after the filing date of the final plat to make a report and recommendation concerning the final plat. The Planning Board shall have the right to proceed in the absence of any such recommendation.
G.
Final plat hearing. Planning Board action shall take place at a public meeting. No public notice of application shall be required.
H.
Decision of Planning Board. The decision of the Planning Board shall be as set forth in § 96-31 of this chapter for decisions on subdivision applications under varying procedural conditions.
I.
Effect of final approval. Final approval shall terminate the time period of preliminary approval for the section granted final approval and shall guaranty the applicant that the zoning requirements applicable to the preliminary approval and all other rights conferred upon applicant as part of preliminary approval shall not be changed for a period of two years after the date of final approval, provided that these rights shall expire if the plat has not been duly recorded within the time prescribed in Subsection L herein.
J.
Time limit for final approval and extensions.
(1)
Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The Planning Board may extend final approval, and the protection offered under Subsection I herein, for one year. Up to three such extensions may be granted.
(2)
In the case of an open space or residential cluster of 50 acres or more, or a conventional subdivision for 150 acres or more, the Planning Board may extend the rights granted under final approval for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the above factors.
K.
County Planning Board approval. Any plat which requires County Planning Board approval, pursuant to N.J.S.A. 40:27-6.2, shall be forwarded to the County Planning Board for its action. The Planning Board may grant final approval subject to approval by the County Planning Board.
L.
Filing of approved final plat. The final plat shall be filed by the subdivider with the County Recording Officer within 95 days from the date of signing of the plats. If any final plat is not filed within that period, the approval shall expire. For good cause, the Planning Board may extend the time for the filing of the plat for an additional period not to exceed 190 days. No plat shall be accepted for filing by the Clerk of the County of Gloucester unless it has been duly approved by the Township of Elk Planning Board and signed by its Chairman and Secretary.
M.
Approved final plat municipal distribution.
(1)
Before the Board Secretary returns any approved final plat to the subdivider or the construction official issues a building permit for the subdivision, the applicant shall provide the Board Secretary with a certificate of filing from the County Clerk's office.
(2)
The Board Secretary shall distribute copies of the approved final plat as follows:
[Amended 8-3-2006 by Ord. No. O-2006-2]
Distribution | Number of copies | |
Township Engineer | 2 Mylars, 1 paper | |
Tax Assessor | 1 | |
Construction Official | 1 | |
Township Clerk | 1 | |
Planning Board file | 1 | |
Zoning Officer | 1 | |
Fire Inspector | 1 | |
Township Fire Chief | 1 | |
Chief of Police | 1 |
§ 96-34 Final site plan approval.
A.
Objectives of review. The final plan shall be reviewed to ascertain whether the construction documents to be utilized in construction of the project substantially conform to the approved preliminary plan.
B.
Application. Twenty copies of the final plan, an application in a form approved by the Planning Board, and the requisite fee shall be delivered to the Board Secretary.
[Amended 8-3-2006 by Ord. No. O-2006-2]
C.
Final plan details. Final plan application technical materials shall include the following:
(1)
The approved preliminary plan together with all proposed additions, changes or departures therefrom, if applicable.
(2)
Final construction documents amongst other items, illustrating:
(a)
The final plans for site development and site improvement, including those construction details as may be specified at the time of preliminary approval;
(b)
The ground floor or other floor plans sufficient to show pedestrian, vehicular or other access as it relates to the final plan;
(c)
The building elevation or typical elevations including size, structure, materials, colors and textures; and
(d)
Elevations or typical illustrations of any accessory structures, signs or area visible to the general public;
(e)
All existing trees which will be removed and preserved and what methods will be used to assure preservation during and after construction;
(f)
The existing and proposed topography by the use of one-foot contours for all land forms and berms in coordination with the final grading and drainage plans submitted by the project engineer; and
(g)
Planting and landscaping details conforming to the standards set forth in the provisions applicable to this chapter.
D.
Final site plan review.
(1)
Within 45 days from submission of a certified complete final plan application, or within such further time as may be agreed upon by the applicant, the Planning Board shall approve the application for final plan approval with or without conditions, provided the following requirements are met:
(a)
The detailed drawings and specifications meet all applicable codes and ordinances;
(b)
The final plans are substantially the same as the approved preliminary plans;
(c)
Bonds have been posted to ensure the installation of improvements as applicable; and
(d)
Proof has been submitted that all taxes and assessments for local improvements on the property have been paid.
(2)
Upon receipt of a certified complete application, the Planning Board Secretary shall submit one copy to each member of the Plan/Subdivision Review Advisory Committee and one copy to each of those professionals and boards having received a copy of the preliminary plan.
(3)
The professionals and boards shall have a period of 30 days after receipt of the final plan to make a report and recommendations concerning the final plan. The Planning Board shall take such recommendations into account but shall have the right to proceed in the absence of any such recommendation.
E.
Final plan hearing. Planning Board action shall take place at a hearing. No public notice of application shall be required.
F.
Decision of Planning Board. The decision of the Planning Board shall be as set forth in Subsection J of this section for decisions on plan applications under varying procedural conditions.
G.
Effect of final approval. Final approval shall terminate the time period of preliminary approval for the section granted final approval and shall guaranty the applicant that the zoning requirements applicable to the preliminary approval and all other rights conferred upon applicant as part of preliminary approval shall not be changed for a period of two years after the date of final approval.
H.
Time limit for final approval and extensions. Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The Planning Board may extend final approval, and the protection offered under § 96-33I herein, for one year. Up to three such extensions may be granted.
I.
In the case of a plan for a planned commercial development, planned industrial park development, or conventional site plan for 150 acres or more, the Planning Board may extend the rights granted under final approval for such a period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
J.
Conditions of final approval. The Planning Board may as a condition of final approval:
(1)
Grant final approval only for designated geographic sections of the development;
(2)
Grant final approval for certain work but require resubmission for final approval for designated elements such as, but not limited to such items as landscaping, signs, or street furniture, and require approval of these elements as a prerequisite for a certificate of occupancy;
(3)
Condition the granting of a certificate of occupancy subject to the applicant or developer or subsequent heirs or assignees meeting certain requirements within a designated period of time, not to exceed one year, from the date of issuance of the certificate of occupancy. This may include, but is not limited to, such items as the installation of landscaping, erection of signs, installation of improvements, or reevaluation of circulation patterns.
§ 96-35 Certificates showing approval.
A.
Prospective purchasers or mortgagees, or any other person interested in any land which forms, or formed, part of a subdivision three years preceding the effective date of this chapter, may apply in writing to the Planning Board Secretary for the issuance of a certificate stating whether such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
B.
The Planning Board Secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Secretary shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record in his or her office.
C.
Each such certificate shall be designated a “certificate as to approval of subdivision of land," and shall certify:
(1)
Whether there exists in said municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of this article.
(2)
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
(3)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this act.