Elk City Zoning Code
ARTICLE VII
Provisions Applicable To Site Plans And Subdivisions
§ 96-36 Simultaneous review.
The Planning Board shall have the power to review and either approve or deny conditional uses or plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or plan approval, shall apply. Whenever approval of a conditional use is requested by the applicant pursuant to this section, notice of the hearing on the plat or plan shall include reference to the request for such conditional use.
§ 96-37 Hearings and notices.
A.
Hearings shall be required as part of approval for all applications for development.
B.
Maps and documents and exhibits on file. A complete set of maps, documents and exhibits shall be on file at the office of the Planning Board at least 10 days prior to the date of the noticed hearing.
C.
Public notice of application.
(1)
When required. A public notice shall be required for preliminary approval of all major subdivision applications, approval of all minor plan and minor subdivision applications requiring a zoning variance to be granted by the Planning Board, and of all site plan applications. Such notice shall be required as part of a development application's requirements for a determination of completeness. Failure to provide such notice shall deem an application incomplete, irrespective of its conformity with applicable Township ordinance requirements.
[Amended 5-3-2007 by Ord. No. O-2007-3; 10-4-2007 by Ord. No. O-2007-14]
(2)
Contents of notice; to whom required and how served. Notice requirements for hearings, contents of such notices, to whom required and how served shall be in accordance with the requirements of N.J.S.A. 40:55D-12.
D.
The municipal agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at their expense; provided that the governing body may provide by ordinance for the municipality to assume the expense of any transcripts necessary for appeal to the governing body, pursuant to Article III, of decisions by the Planning Board pursuant to said article, up to a maximum amount as specified by ordinance. The municipal agency, in furnishing a transcript or tape of the proceedings to an interested party at his expense, shall not charge such interested party more than the actual cost of preparing the transcript or tape. Transcripts shall be certified in writing by the transcriber to be accurate.
§ 96-38 Decisions on applications for development.
A.
The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
(1)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted upon the vote of that member. An action pursuant to Section 5 of the Act (N.J.S.A. 40:55D-9) (resulting from failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections h and i of P.L. 1975, N.J.S.A. 40:55D-10. If the municipal agency fails to adopt a resolution or memorializing resolution as herein above specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.
B.
County Planning Board approval. Whenever review or approval of any application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or upon County Planning Board approval by default for failure to report thereon within the required time period.
C.
Developments barred by administrative or judicial order. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Planning Board shall process such application for development in accordance with this article, and if such application complies with the requirements of this article, the Planning Board shall approve such application conditioned on removal of such legal barrier to development.
D.
Approval by other governmental agencies. In the event that development proposed by an application for development requires an approval by a governmental agency other than the Planning Board, the Planning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency.
E.
Decisions to be furnished to applicant and others. A copy of each decision shall be mailed by the Planning Board, within 10 days after the date of decision, to the applicant, or if represented, then to their attorney, without separate charge, and to all others upon request for a fee as noted in this chapter.
F.
Filing in office of Planning Board Secretary. A copy of each decision shall also be filed by the Planning Board in the office of the Planning Board Secretary who shall make a copy of the filed decision available to any interested party for a fee as noted in this chapter and available for public inspection at their office during reasonable hours.
G.
Publication. A brief notice of each decision shall be published by the Planning Board Secretary, and the Township may make a reasonable charge for such publication. The applicant also may cause such publication to be made if they so desire. The time for appeal from the decision shall run from the first publication, whether made by the Planning Board Secretary or the applicant.
H.
Time for decision on applications to Planning Board for preliminary approval of site plans and major subdivisions. Preliminary approval shall be granted or denied on applications to the Planning Board for a plan of 10 acres or less or for a major subdivision of 10 or fewer lots within 45 days, and for a site plan of more than 10 acres or for a major subdivision of more than 10 lots within 95 days, after the date of submission of a complete application to the Board Secretary except as otherwise provided in § 96-38L through O.
I.
Time for decision on applications to Planning Board for minor subdivision approval and final approval of plans and major subdivisions. Final approval of plans, major subdivisions, and approval of minor subdivisions shall be granted or denied on applications to the Planning Board within 45 days after the date of submission of a complete application to the Board Secretary except as otherwise provided in § 96-38L through O.
J.
Time for decision when Planning Board reviews conditional uses or plans simultaneously with subdivisions. Whenever the Planning Board reviews conditional uses or plans simultaneously with subdivisions, the longer or longest period of time for action in any such case shall apply to all such cases.
K.
Time for decision when Planning Board reviews applications for subdivision, plan or conditional use approval that includes request for variance. Whenever an application to the Planning Board for approval of a subdivision plat, plan or conditional use includes a request for a variance pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after the date of submission of a certified complete application to the Planning Board Secretary. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this chapter.
L.
Time for decision when Planning Board reviews application for conditional use that includes request for plan approval. Whenever the Board reviews an application for conditional use that includes a request for plan approval, the Board shall grant or deny approval of the application within 95 days after the date of submission of a certified complete application to the Board Secretary.
M.
Time for decision when Combined Board reviews subdivision, plan or conditional use in conjunction with use variance. Whenever an application is made to the Combined Board for subdivision, plan or conditional use approval in conjunction with the Board's review of a use variance, the Combined Board shall grant or deny approval of the application within 120 days after the date of submission of a certified complete application to the Board Secretary.
N.
Extension of time for decision. Any time period for action by the Planning Board may be extended with the consent of the applicant or appellant.
O.
Failure to make decision within time. The failure of the Planning Board to act within such time period or extension thereof shall constitute a decision favorable to the applicant or appellant. A certificate of the Planning Board Secretary as to such failure shall be issued on request of the applicant or appellant, and it shall be sufficient in lieu of written endorsement or other evidence of approval required by this section and shall be accepted as such by the County Clerk for purposes of filing subdivision plats.
§ 96-39 Application by corporation or partnership; violations and penalties for concealment of names.
A.
A corporation or partnership applying to the Planning Board or the Board of Adjustment for approval to subdivide a parcel of land or for approval of a site to be used for commercial or industrial purposes shall be represented by an attorney, and shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
B.
Disclosure of 10% ownership interest of corporation or partnership which is 10% of applying corporation or partnership. If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the 10% ownership criterion established in this act, have been listed.
D.
Violations and penalties. Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock, or of the individual partners owning a 10% or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000, which shall be recovered in the name of the municipality in any court of record in the state in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).[1]
[1]
Editor's Note: Sections 2A:58-1 to 2A:58-9 were repealed by L. 1999, c. 274, § 4. See now N.J.S.A. 2A:58-10 et seq.
§ 96-40 Conditional approvals.
A.
Conditions precedent.
(1)
Whenever any application for development is approved subject to specified conditions, intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions are fulfilled within 95 days of the date of conditional approval.
(2)
The fulfillment of all conditions precedent shall be reported in writing to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or plan be signed or any required building permit, occupancy permit or zoning permit be issued.
B.
Conditions subsequent. Whenever any application for development is approved subject to conditions, which by their terms are incapable of being fulfilled or are not required to be fulfilled prior to the final approval of an application, the performance of which is not guaranteed by bonds or securities of any type, failure to fulfill any such conditions within six months from the date of the resolution memorializing final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy, or any other approval until such condition or conditions are fulfilled. Further, the enforcing official, including but not limited to the Zoning Officer or the Construction Officer, shall be permitted to bring a civil enforcement action and, if warranted, a criminal enforcement action to address the failure to comply with any such condition.
[Amended 6-5-2008 by Ord. No. O-2008-4]
C.
Nothing herein contained shall be construed as preventing the municipal agency from specifying a longer period of time within which any specific condition must be fulfilled, or from granting, upon an ex parte application, an extension of time for good cause shown.
D.
The fulfillment of all conditions shall be reported in writing to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or plan be signed or any required building permit, occupancy permit, zoning permit or other required approval be issued.
E.
Modification or elimination of a condition of approval.
[Amended 6-5-2008 by Ord. No. O-2008-4]
(1)
Public notice; approval of changes by Planning Board.
(a)
Public notice of a hearing shall be given for a request to modify or eliminate a significant condition in a memorializing resolution of approval of an application for development.
(b)
The Planning Board may approve changes to conditions attached to an approved subdivision or site plan as an administrative matter without public notice if it is determined by the Planning Board that the change requested is not a significant change to a substantial condition of the approval.
(2)
The Planning Board may establish an administrative review committee to determine whether the requested change is a significant change to a substantial condition of the approval and to address all applications for change determined to be of a minor or nonsignificant nature. If the administrative review committee determines that the change is not a substantial change to the prior approval granted by the municipal agency, then it shall evaluate the request and recommend a course of action to the Planning Board for its consideration. If the administrative review committee determines that the request is a substantial change to the approved development plan, then the matter cannot be decided by the subcommittee but must be referred to the Planning Board for consideration at public hearing on public notice pursuant to statute. If no administrative review committee has been established, requests will be heard by the Planning Board upon application.
(3)
In order to request a change to a condition of approval, an applicant shall submit 15 copies of a written statement detailing the nature of the requested change, along with plans or diagrams outlining the change, if appropriate, and the required application fee and review escrow. Upon receipt of a complete application package, the Planning Board Secretary will set a date for consideration of the request by the Planning Board.
(4)
Submission deadline; application fee; review escrow.
(a)
All applications, fees, escrows and supporting documentation shall be submitted no less than 10 days before the meeting date for the application.
(b)
Application fee. The application fee to request a change to an approved development shall be the sum of $100 to be paid to the Township of Elk and delivered to the Secretary of the Planning Board at the time the application is filed.
(c)
Review escrow. A minimum review fee or escrow in the amount of $500 shall be paid by the applicant with the submission of its request for a change to its approval. The Township of Elk shall hold this sum in escrow, for use in payment of all review fees which are generated as a result of the application. Any sums not utilized in the review process shall be returned to the applicant. An accounting of all sums expended will be provided to the applicant. In the event additional sums shall be required, the applicant shall be notified, in writing, by the CFO of the required additional amount, and the applicant shall promptly submit such additional amount as escrow to the Township of Elk. In the event the applicant fails, within 20 days of receiving notice of an escrow deficiency, to submit the additional sums required, the request shall be held in abeyance until such time as the applicant shall correct the deficiency. In the event there is any deficiency at the completion of all proceedings and hearings, the applicant shall pay all costs in full before the Township of Elk shall issue any building permit. The CFO shall advise the Construction Official of the deficiency. The Construction Official shall not issue any building permit until all such deficiencies have been paid in full.
§ 96-41 Construction, maintenance, and installation standards for specific improvements.
A.
Prior to the granting of final approval, the developer shall have installed improvements required by the Planning Board or have posted a performance guaranty or surety sufficient to cover the costs of said improvements. The Planning Board may solicit local, county, state, federal, public or semipublic agencies and knowledgeable individuals on what improvements shall be required. Improvements recommended by other agencies, such as a utilities authority, county, state or other governmental agencies, may be required by the Planning Board as a condition of final approval. The construction standards, and improvements herein are necessary to protect the health, safety, welfare, and convenience of the residents and public as well as needed to meet local, county, regional, state and national goals and objectives.
B.
Additional elements necessitated by topography such as retaining walls, cribbing, ground cover, diversionary swales, and guardrails, shall be installed as necessary to prevent erosion, hazard, and unusual problems of maintenance.
C.
Electrical, telephone lines and similar utilities lines shall be underground from existing utility poles.
§ 96-42 Inspection and fees.
A.
As a condition of final approval and prior to starting any construction of the required improvements, the developer must submit final detailed construction plans to the Township Engineer for review and approval and shall pay to the Township Treasurer, by cash or certified check, the inspection fee which shall be determined by the Municipal Engineer for both private and public improvements.
B.
All of the required public improvements for a development, during and upon completion of their construction, shall be subject to inspection and approval by the Township Engineer and Township Planner, who shall be notified by the developer at least 24 hours prior to the start of construction. On-site private improvements relating to drainage, landscaping and circulation as shown on an approved final development plan shall also be subject to inspection and approval by the Township Engineer and Township Planner.
C.
No underground installations shall be covered until inspected and approved by the Township Engineer. At a minimum, the Township Engineer will make the following inspections:
(1)
Roadway subgrade prior to placing subbase material and/or bituminous stabilized base course material.
(2)
The bituminous stabilized base course material after complete compaction and prior to applying bituminous material tack coat for the bituminous concrete surface course.
(3)
Bituminous concrete surface course materials while it is being laid.
(4)
Finished bituminous concrete surface course pavement.
(5)
Concrete curb and sidewalks, when the forms are laid and the subgrade is leveled and tamped prior to placing concrete; also during the placing and finishing of the concrete.
(6)
Such inspections as the Township Engineer shall deem necessary of the pipe drains, inlets, municipal utilities lines and appurtenances, etc., while pipes, etc., are being laid and prior to backfilling trenches, inlets and manholes while being constructed.
D.
Approval or reasons for withholding approval for either public or private improvements shall be given promptly, and in any event within 45 days after inspection. If work proceeds without such approval or not in compliance therewith, the Township Engineer, in addition to any other remedies available to the municipality, may issue an order requiring immediate cessation of the affected work and prohibiting resumption thereof until approval is obtained or noncompliance corrected.
§ 96-43 Acceptance of streets and improvements.
Prior to the acceptance by the Township of any street or other improvement in a subdivision, or release of performance bond covering same, there shall be filed with the Township Engineer a deed of dedication containing a metes and bounds description of all easements, two paper prints, plus one reproducible polyester film tracing (matte finish) (base thickness, 0.001 inch) as-built plans and profiles drawn to a scale of one inch equals five feet vertically, which plans and profiles shall be based on a final survey and shall be the United States Coast and Geodetic Control Survey datum. Such drawing shall show how streets and other improvements were actually constructed or installed. The following data must be shown with measurements from the property lines:
A.
Plans and profiles of the streets showing elevations as constructed and reference bench marks.
B.
Plans and profiles of sanitary storm sewers showing elevations of inverts of manholes and catch basins and elevations of inlet gratings and manhole rims; also locations of sanitary sewer, laterals dimensioned from main and reference dimensions to "T" or "V" connections from manholes.
C.
Acceptance of streets and improvements by the Township and release of any performance guaranty shall be in accordance with N.J.S.A. 40:55-53.
§ 96-44 Environmental impact statement.
The applicant for any plan approval that requires certification by the Soil Conservation District of a plan for soil erosion and sediment control shall also submit an environmental impact statement, in triplicate, signed and sealed by a New Jersey licensed engineer or a New Jersey licensed professional planner, preferably with experience in environmental studies. As used in this chapter, an "environmental impact statement" means a written description and analysis of all possible direct and indirect effects the development will have upon the development's site as well as upon the surrounding region affected thereby, with particular reference to the effect of the development upon the public health, welfare and safety, the protection of public and private property, and the preservation and enhancement of the natural environment. Every environmental impact statement (EIS) shall contain the following:
A.
A key map showing the location of the development and how it relates to the surrounding region affected thereby.
B.
A description of the development specifying, in the form of maps, drawings, graphs or similar visual aids, and also by narrative, what is to be done and how it is to be done during and after construction of the development, including information and technical data adequate to permit a careful assessment of the environmental impact of the development.
C.
An inventory of the existing environmental conditions at the development site and in the surrounding region affected thereby which shall describe the following:
(1)
Physical characteristics.
(a)
Air quality.
(b)
Hydrology, including maps and descriptions of streams, water bodies and floodplains and a discussion of water quality.
(c)
Geology.
(d)
Soils and their properties, including capabilities and limitations.
(e)
Topography and slope.
(f)
Drainage.
(g)
Vegetation.
(h)
Air quality and water quality shall be described with reference to the standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to criteria contained in the Gloucester County, New Jersey Soil Survey Standards and Specifications, issued by the United States Department of Agriculture Soil Conservation Service.
D.
A listing of all licenses, permits or other approvals required by municipal, county or state law, the status of each, and proof that the applicant has contacted officials of any federal, state, county or municipal agency affected by the proposed development.
E.
An assessment of the probable impact of the development upon all of the topics listed in Subsection C above.
F.
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise during and after construction, damage to plant, tree and wildlife systems, damage to natural resources, displacement of people and businesses, increase in sedimentation and siltation, flooding, potential stormwater runoff damage both on and off site, increase in municipal services, and health, safety and well-being of the public. Off-site and off-tract impact shall also be set forth and evaluated.
G.
A thorough description of the steps to be taken to minimize adverse environmental impact before, during and after construction of the development, both at the development site and in the surrounding region affected thereby, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
H.
Any irreversible and irretrievable commitment of resources which would be involved in the proposed action shall be identified and described.
I.
A statement of alternatives to the proposed development which might avoid some or all of the adverse environmental effects, including a no-action alternative, with an objective evaluation of each alternative including the no-action alternative.
J.
A reference list of available pertinent, published information relating to the development, the development site, and the surrounding region affected thereby.
K.
Notwithstanding the foregoing, the reviewing board may waive the requirement for an environmental impact statement (EIS) if sufficient evidence is submitted by the applicant to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding by the Board that a complete EIS need not be prepared in order to evaluate adequately the environmental impact of the development.
L.
Environmental considerations: Environmental elements relating to soil erosion, preservation of trees, protection of watercourses, topography, soil, and wildlife shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements. Whenever possible, the natural features of a site are to be preserved, floodplains respected, and excessive cuts or fill avoided. In reviewing a site plan, the reviewing authority shall take into consideration the effect of the development upon all aspects of the environment as outlined in the EIS requirements, as well as the sufficiency of the applicant's proposal in their EIS for dealing with any immediate or projected adverse environmental effects. The reviewing authority may require, as a condition of approval of the application, that steps be taken to minimize the adverse environmental impact during and after construction, and no final approval shall be issued until all such requirements shall have been complied with or compliance is guaranteed by a performance guarantee meeting the standards, requirements and procedures set forth in this section.