Ewing City Zoning Code
ARTICLE VIII
Development Application Review Procedures
§ 215-80 Jurisdiction of responsibility during development application review.
The Planning Board and the Zoning Board of Adjustment have certain overlapping powers to expedite the review process. Their respective responsibilities are outlined below:
A.
Powers of the Planning Board.
(1)
The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.
(2)
The Planning Board shall have the power to act in lieu of the Zoning Board of Adjustment and subject to the same extent and restrictions of the Zoning Board of Adjustment on the following matters when the Planning Board is reviewing applications for approval of subdivision plans, site plans or conditional uses. Whenever relief is requested pursuant to this subsection, public notice shall be given and shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
(a)
Grant variances pursuant to N.J.S.A. 40:55D-70c.
(b)
Direct, pursuant to N.J.S.A. 40:55D-34, the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(c)
Direct, pursuant to N.J.S.A. 40:55D-32, the issuance of a permit for a building or structure not related to a street.
B.
Zoning Board of Adjustment action in lieu of Planning Board. The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, site plan, subdivision or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d.
§ 215-81 Review procedures.
A.
Subdivision review. All subdivisions, as defined under Article II, are subject to the review procedures specified herein.
B.
Site plan review. No construction permit shall be issued for any new structure or for an addition to an existing structure, or for rooftop mechanical or other appurtenance additions extending more than three feet above the roof, and no certificate of occupancy shall be issued for any change of use of an existing structure, and no exterior trash and/or recycling storage areas for existing nonresidential or multifamily residential developments shall be enlarged or modified in any way, including the addition of trash or recycling storage containers anywhere on a lot or site, until a site plan has been reviewed and approved by the municipality, except that the following developments are exempt from this requirement:
[Amended by Ord. No. 1989-30; Ord. No. 1991-22; Ord. No. 97-11]
(1)
A single-family detached or two-family dwelling unit and their accessory uses, with exception to the following criteria:
[Amended 7-24-2018 by Ord. No. 18-17]
(2)
Interior alterations which do not involve a change of use, revision of parking facilities or the traffic circulatory system;
(3)
Exterior alterations to cosmetically enhance the appearance of a building or structure; provided, however, the perimeter of the building or structure remains unchanged;
(4)
Exterior alterations limited to the erection of a lobby, vestibule, hall entranceway and similar structures used solely for energy conservation purposes, provided the structure complies with all yard and other requirements of this chapter, and provided, further, that the exterior alteration will not permit space for additional employees or patrons. The structure shall not be larger than 100 square feet and may contain a coat rack, telephone station and not more than one vending machine. Games, seating and other similar uses are strictly prohibited;
(5)
Customary buildings incidental to farms;
(6)
Any change of use from one permitted nonresidential use to another permitted nonresidential use if the Site Review Committee stipulates to the Board that the existing site development meets the requirements of this chapter for the new use, including on-site parking requirements;
(7)
The Planning Board, in its discretion, may waive site plan review on additions to existing buildings where the square footage of the addition is 5% or less of the existing building.
(8)
The Planning Board may waive site plan review for rooftop mechanical or other appurtenance additions where, in the opinion of the Planning Board, said additions are not visible from a public street or a residential area or are otherwise sufficiently screened or located so as not to detract from the visual appearance of the building or the surrounding area. In any case, required site plan review for such additions shall only be concerned with the adequacy of their visual screening.
(9)
Enlargements or modifications to existing exterior trash and/or recycling storage areas which, in the opinion of the Site Review Committee or the Planning Board, are in conformance with the design standards of § 215-64.
(10)
The site plan approval requirements otherwise required in this chapter may be waived by the Board when such improvements are necessary to comply with the Americans With Disabilities Act (ADA) or Barrier-Free Subcode of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7.13 and 5:23-7.14), except that, where the standards established herein differ from comparable standards set forth in the New Jersey Barrier-Free Subcode, the Barrier-Free Subcode standards shall be applied.
(a)
Specific examples of activities eligible for a waiver of site plan under this section include:
[1]
Construction of a ramp intended to enable wheelchair access to a building, provided that the ramp is designed to conform to the design criteria of the Barrier-Free Subcode of the New Jersey Uniform Construction Code. Wheelchair ramps shall be permitted within required yard areas if necessary to meet the criteria of this section but shall comply with the yard requirements in the zone for principal structures whenever possible;
[2]
Construction or alteration of parking spaces to accommodate wheelchair access, provided that the spaces shall conform to the design criteria of the Barrier-Free Subcode of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7.13 and 5:23-7.14);
[3]
Pictogram signage.
[4]
Construction of a vestibule when required solely for the purpose of providing access to an elevator or lift designed for access, control and adequate mobility by a person in a wheelchair. Any vestibule alteration for which a waiver is requested under this section shall be designed to conform to the design criteria of the Barrier-Free Subcode of the New Jersey Uniform Construction Code;
[5]
Construction or alteration of an elevator or lift required solely to provide access, control and adequate mobility by a person in a wheelchair, or construction or alteration of a stairway to provide a fire evacuation chair or wheelchair-accessible fire refuge area;
[6]
Construction or alteration of an interior lobby designed and intended to provide a path of mobility from a building entrance to an elevator or equivalent means of conveyance to a person in a wheelchair, provided that any area of the proposed lobby that is designed and intended for leasable purposes, unrelated to access by persons with disabilities, shall be subject to site plan approval unless a waiver is granted under one of the other provisions in § 215-81B.
C.
Variance relief. All applications for variance relief to the Board of Adjustment not involving any related site plan, subdivision or conditional use approval shall be filed at least 10 days prior to the next regularly scheduled monthly meeting of the Board. The filing shall include four copies of any maps and related material; four copies of the completed application form; and the fee in accordance with Article X of this chapter. The Board shall act upon the application as stipulated by law.
D.
Informal review by the Planning Board.
(1)
At the request of a developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. Informal reviews may be referred to the Site Review Committee.
(2)
The developer shall not be required to submit any fees for such an informal review.
(3)
The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
(4)
A developer desiring to have a concept plan informally reviewed by the Planning Board shall so notify the Secretary of the Planning Board at least seven days prior to the next regularly scheduled meeting of the Planning Board or the Site Review Committee. The Secretary of the Planning Board shall notify the developer of the time and place which has been scheduled by the Planning Board or the Site Review Committee for the informal review.
§ 215-82 Submission of minor subdivision plats and minor site plans.
A.
Procedure for submitting minor plats and minor plans. Submit to the Administrative Officer at least 10 days prior to the first regularly scheduled monthly meeting of the Board: eight copies of the minor plat or plan; eight copies of the appropriate application; and a fee in accordance with Article X of this chapter. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.
B.
Details required for minor subdivision plats and minor site plans. Each minor plat or minor plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer.
(1)
Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet and shall be presented on one of four of the following standard sheet sizes: 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches.
(2)
If one sheet is not sufficient to contain the entire tract, the map may be divided into two sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets. Each minor plat or plan shall show the following information, as such information is applicable to the minor subdivision or minor site plan submission:
(a)
A key map showing the entire tract and its relation to the surrounding area, at a scale of one inch equals not more than 2,000 feet.
(b)
Title block:
[1]
Name of subdivision or development, Ewing Township and Mercer County;
[2]
Name, address and telephone number of subdivider or developer;
[3]
Name and address of the owner or owners of record;
[4]
Scale; and
[5]
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
(c)
Acreage figures and North arrow.
(d)
Approval signatures: Chairman and Secretary.
(e)
Existing block and lot number(s) of the lot(s) to be subdivided or developed, as they appear on the Township Tax Map.
(f)
Subdivision or development boundary line (heavy solid line).
(g)
The location of existing and proposed property lines (with bearings and distances), streets, structures (with their outside dimensions, if required, and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes and any natural features such as wetlands and treed areas, both within the tract and within 200 feet of its boundary.
(h)
The location and width of all existing and proposed utility easements.
(i)
Zoning districts affecting the tract and all surrounding properties, including district names and requirements.
(j)
Proposed buffer and landscaped areas.
(k)
Delineation of floodplains, including both floodway and flood-fringe areas.
(l)
Contours at two-foot intervals for the tract and surrounding properties within 100 feet of the tract may be required, at the discretion of the Township Engineer.
(m)
Marshes, ponds and lands subject to flooding within the tract and within 100 feet thereof.
(n)
The names of all adjacent property owners as they appear on the most recent tax list prepared by the Township Tax Assessor.
(o)
Concerning minor subdivisions only, existing and proposed monuments and/or iron or copper pins.
(p)
Concerning minor subdivision applications only and if the proposed lot/lots is/are not served by a sanitary sewer, certification by a licensed professional engineer that the proposed lot(s) can adequately accommodate a septic system and a copy of any written review and report by the Township Board of Health. The location(s) of the test hole(s), test results and compliance with the Individual Sewage Disposal Code of New Jersey shall be shown on the plat and certified by a licensed professional engineer.
(q)
No minor subdivision or minor site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said streets, as applicable, shall be deeded to the Township or other appropriate governmental agency.
(r)
No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter.
(s)
Deed descriptions, including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications, shall be submitted.
C.
Action by the Township.
(1)
The Board, and its professional advisors and Site Review Committee, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether the application is complete. Thereafter:
(a)
If the application is found to contain all of the information required by § 215-82B of this chapter, the Board shall certify that said application is complete.
(b)
If said application is found to lack some of the information required by § 215-82B, the Board shall either:
[1]
Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or
[2]
If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, the Board may waive the requirement that the items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 215-82B, and the request shall be granted or denied by the Board within 45 days.
(d)
In the event the Board fails to act pursuant to Subsection C(1)(b)[1] and [2] hereinabove within 45 days of the date of submission of the application, the application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the aforesaid application is certified complete or on the 46th day following the submission of the application in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he/she or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.
(3)
Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:
(a)
Secretary of the Planning Board or Secretary of the Zoning Board of Adjustment, as the case may be, (four copies of the minor plat or plan and four copies of the application);
(b)
Environmental Commission (one copy each of the minor plat or plan and the application);
(c)
Township Planner (one copy each of the minor plat or plan and the application);
(d)
Township Engineer (one copy each of the minor plat or plan and the application);
(e)
At the direction of the Board, additional copies of the minor plat or plan shall be sent to other Township, county or state agencies and officials.
(4)
The Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(5)
Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to remove any adverse effect(s) prior to further review, classification of approval by the Board or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.
(6)
When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required. In the event the same is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval and forward the applicant a copy of the resolution adopted in accordance with § 215-95F of this chapter setting forth the reasons for the disapproval.
(7)
Within 190 days from the date of approval by the Board of a minor subdivision, a plat map drawn in compliance with the Map Filing Act, P. L. 190, c. 141 (N.J.S.A. 46:29-9.9 et seq.) or deed description properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the County Recording Officer. Unless filed within 190 days, the approval shall expire and will require Board approval as in the first instance. 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 of minor subdivision approval by the Board, provided that the approved minor subdivision shall have been duly recorded.
(8)
Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:
(a)
Administrative Officer;
(b)
Township Engineer (two copies);
(c)
Construction Official;
(d)
Zoning Officer;
(e)
Township Tax Assessor;
(f)
File of the Planning Board or the Zoning Board of Adjustment, as the case may be (three copies); and
(g)
Such other Township, county or state agencies and officials as directed by the Board.
§ 215-83 Submission of preliminary major subdivision plats and preliminary major site plans.
A.
Procedure for submitting preliminary major subdivision plats and preliminary major site plans. Submit to the Administrative Officer at least 10 days prior to the first regularly scheduled monthly meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be, 11 copies of the preliminary plat or preliminary plan; nine copies of the appropriate application; nine copies of any protective covenants or deed restrictions applying to the land being subdivided or developed, and a fee in accordance with Article X of this chapter. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
B.
Details required for preliminary major subdivision plats and preliminary major site plans. Each preliminary plat or preliminary plan shall be drawn by a professional engineer licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer.
(1)
Each submission shall be at a scale of one inch equals 50 inches for a tract up to 40 acres in size, one inch equals 100 feet for a tract between 40 acres and 150 acres and one inch equals 200 feet for a tract 150 acres or more. Each submission shall be on one of four of the following standard sheet sizes: 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches, 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
(2)
Each preliminary plat or plan shall show the following information, as appropriate to a subdivision plat or site plan, unless the municipal agency determines and so notifies the applicant that such information either is unnecessary or inapplicable to the particular subdivision or development plan.
(a)
Information required.
[1]
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not more than 2,000 feet.
[2]
Title block:
[a]
Name of subdivision or development, Ewing Township, Mercer County.
[b]
Name, address and telephone number of subdivider or developer.
[c]
Name and address of the owner or owners of record.
[d]
Scale.
[e]
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
[3]
North arrow.
[4]
Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement.
[6]
Acreage to the nearest 1/10 of an acre and a computation of the area of the tract to be disturbed as defined by the Soil Conservation Service District regulations.
[7]
The names and addresses of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor.
[8]
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot numbers as provided by the Township Tax Assessor upon written request.
[9]
Tract boundary line (heavy solid line).
[10]
Zoning districts affecting the tract and all surrounding properties, including district names and requirements.
[11]
The locations and dimensions of existing and proposed bridges and the location of natural features such as wooded areas and any extensive rock formations, both within the tract and within 200 feet of its boundaries.
[12]
Existing contours for the tract and surrounding properties within 100 feet of the tract, with intervals of one foot where slopes are less than 10% and five feet when 10% or more, referred to USGS datum, and to be indicated by a dashed line. Where any changes to contours are proposed, finished grades should be shown as a solid line.
[13]
The location and species associations of all individual trees or groups of trees having a caliper of six inches or more measured three feet above the ground level shall be shown. The location of all proposed plantings shall also be indicated and a legend provided, listing the botanical and common names, the sizes at time of planting, the total quantity of each plant, and the location of each plant keyed to the plan or plat.
[14]
All existing and proposed watercourses (including lakes and ponds) shall be shown and accompanied by the following information:
[a]
When a stream is proposed for alteration, improvement or relocation or where a drainage structure or fill is proposed over, under, in or along a running stream, a report on the status of review by the New Jersey Department of Environmental Protection, Division of Water Resources, shall accompany the submission;
[b]
Cross sections of watercourses and/or drainage swales at an appropriate scale showing the extent of the floodplain, top-of-bank, normal water levels and bottom elevations at the following locations, where appropriate, at the direction of the Township Engineer:
[i]
At any point where a watercourse crosses a boundary of the tract.
[ii]
At one-hundred-foot intervals up to 500 feet upstream and downstream of any point of juncture of two or more watercourses within the tract.
[iii]
At one-hundred-foot intervals for a distance of 500 feet upstream and downstream of any proposed and/or existing culvert or bridge within the tract.
[iv]
At a maximum of one-hundred-foot intervals, but not less than two locations, along each watercourse which runs through or within 500 feet of the tract.
[c]
When ditches, streams or watercourses are to be altered, measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown.
[d]
The delineation of the floodways and flood-fringe areas of all watercourses within or adjacent to the tract.
[e]
The total acreage of the drainage basin of any watercourse running through or adjacent to the tract.
[f]
The location of all drainage structures upstream and downstream of the tract to which the tract is tributary, between the tract and the municipal boundary. Hydrologic and hydraulic computations for each of the said structures shall be provided as required by the Township Engineer.
[g]
The location and extent of drainage and conservation easements and stream encroachment lines
[h]
The location, extent and water level evaluation of all existing or proposed lakes or ponds within the tract and within 200 feet of the tract.
[15]
Locations of all existing structures within the tract and within 200 feet of its boundary, showing existing and proposed front, rear and side yard setback distances and an indication of whether the existing structures and uses will be retained or removed.
[16]
Size, height and location of all proposed buildings, structures, signs and lighting facilities.
[17]
All dimensions necessary to confirm conformity to the chapter, such as structure setbacks, structure heights and yards.
[18]
The proposed location, direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles and luminaires.
[19]
The proposed screening, buffering and landscaping, including a landscaping plan.
[20]
The location and design of any off-street parking area, showing size and location of bays, aisles and barriers.
[21]
All means of vehicular access and egress to and from the site onto public or private streets, showing the site and the location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and other proposed devices necessary to prevent a difficult traffic situation.
[22]
The application shall include plans and computations for any storm drainage systems, including the following:
[a]
All existing or proposed storm sewer lines within or adjacent to the tract showing size and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
[b]
The location and extent of any proposed groundwater recharge (retention) basins, detention basins, or other water or soil conservation devices.
[23]
The location and size of existing utilities and easements, such as water and sewer mains, gas transmission lines and high tension power lines on the tract and within 200 feet of its boundaries.
[24]
Plans of proposed improvements and utility easements and layouts including sewers, storm drains and waterlines and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all Township, county and state regulations. If service will be provided by an existing utility company, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-lot water or sewage disposal is proposed, the plan for such systems shall be approved by the appropriate Township and state agencies and the result of percolation tests and soil log data shall be submitted under conditions designated by the Township Board of Health.
[25]
Plans, typical cross sections and details, center line profiles and tentative grades of all proposed streets and of existing streets abutting the tract based on USGS vertical datum or a more specified datum supplied by the Township Engineer, including curbing, sidewalks, storm drains and drainage structures. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.
[26]
A copy of any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application.
[27]
The proposed permanent monuments shall be shown, in accordance with the Map Filing Act, P.L. 190 c. 141 (N.J.S.A. 46:29-9.9 et seq.).
[28]
The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and the surrounding area. Such information shall include, but not be limited to, drainage calculations and traffic analyses; provided, however, that no application shall be declared incomplete for the lack of such additional information.
C.
Environmental impact statement.
(1)
General provisions. The impact on the environment generated by land development projects necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site, the location of the project and the information already in the possession of the Township. Therefore, having determined that some flexibility is needed in preparing the environmental impact statement, the requirements for such a document pertaining to different types of development applications are listed below.
(a)
All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silvaculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the environmental impact statement requirements.
(b)
Any variance applications to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an environmental impact statement unless specifically requested by the Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required.
(c)
Any application for subdivision approval where 10 lots or less are involved and all applications for minor site plan approval, either to the Planning Board or to the Zoning Board of Adjustment, as the case may be, shall not require an environmental impact statement unless specifically requested by the appropriate Board. The Planning Board or the Zoning Board of Adjustment, as the case may be, shall inform the applicant regarding any information that may be required.
(d)
All preliminary major subdivision applications consisting of more than 10 lots and all preliminary major site plan applications shall be accompanied by an environmental impact statement, unless determined by the Planning Board or the Zoning Board of Adjustment, as the case may be, to be unnecessary.
(2)
Submission procedures.
(a)
Thirteen copies of any environmental impact statement shall be submitted to the Administrative Officer. In the case of a major subdivision application consisting of more than 10 lots and major site plan applications, the environmental impact statement shall be submitted at the time of preliminary application to the Township. In the case of variance, subdivision applications involving 10 lots or less, and minor site plan applications, the environmental impact statement shall be submitted within 15 days after the Board has informed the applicant of the information required.
(b)
The Administrative Officer shall retain one copy of the environmental impact statement and shall distribute the remaining 12 copies in the following manner:
[1]
Environmental Commission (nine copies);
[2]
Township Planner (one copy);
[3]
Township Engineer (one copy);
[4]
Secretary of the Township Board of Health (one copy); and
[5]
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the submitted environmental impact statement shall be sent to other Township, county or state agencies and officials.
(3)
Submission format. When an environmental impact statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts shall also be considered. Furthermore, as much original research as necessary shall be conducted to develop the environmental impact statement. All environmental impact statements shall consist of written and graphic materials which clearly present the required information, utilizing the following format:
(a)
Project description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:
(b)
Site description and inventory. Provide a description of environmental conditions on the site, which shall include the following items:
[1]
Types of soils. List and describe each soil type on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations relative to the type of project proposed, a complete mapping of all soil types where the moderate and severe limitations exist.
[2]
Topography. Describe the topographic conditions on the site.
[3]
Geology. Describe the geologic formations and features associated with the site. Delineate those areas where bedrock is within two feet of the surface as well as major rock outcroppings.
[4]
Vegetation. Describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated.
[5]
Wildlife. Identify and describe any unique habitats of endangered or protected species.
[6]
Surface and subsurface water. Describe the surface and subsurface water conditions on the site both in terms of depth to groundwater and water supply capabilities. The location, depth, capacity and water quality of all existing water wells on the site and within 500 feet of the site shall be indicated.
[7]
Distinctive scenic and/or historic features. Describe and map those portions of the site that can be considered to have distinctive scenic and/or historic qualities.
[8]
Existing development features. Describe any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, driveway accesses, housing units, accessory structures, utility lines, etc.
[9]
Miscellaneous. When warranted, an analysis should be conducted of existing air quality and noise levels as prescribed by the New Jersey State Department of Environmental Protection.
(c)
Impact. Discuss both the negative and positive impacts during and after construction. Indicate those negative impacts that are unavoidable. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where possible and necessary:
[1]
Soil erosion and sedimentation resulting from surface runoff.
[2]
Flooding and floodplain disruption.
[3]
Degradation of surface water quality.
[4]
Groundwater pollution.
[5]
Reduction of groundwater capabilities.
[6]
Sewage disposal.
[7]
Solid waste disposal.
[8]
Vegetation destruction.
[9]
Disruption of wildlife habitats of endangered and protected species.
[10]
Destruction or degradation of scenic and historic features.
(d)
Environmental performance controls. Describe what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts that could result from the proposed project. Of specific interest are:
[1]
Drainage plans which shall include soil erosion and sedimentation controls.
[2]
Sewage disposal techniques.
[3]
Water supply and water conservation proposals.
[4]
Energy conservation measures.
[5]
Noise and vibration reduction techniques.
[6]
Solid and liquid waste disposal plans.
[7]
Vegetation and wildlife preservation.
[8]
Radioactivity and airborne emission control.
(e)
Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Township, as well as agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
(f)
Documentation. All publications, file reports, manuscripts or other written sources of information which were first consulted and employed in compilation of the environmental impact statement shall be listed. A list of all agencies and individuals from whom all pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
(4)
Disposition by the Board. The Board shall review the information furnished in the environmental impact statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help ensure that the proposed development will cause no reasonably avoidable damage to any environmental resource.
D.
Action by the Township.
(1)
The Board, and its professional advisors and Site Review Committee, shall review the major subdivision or major site plan application for the purpose of determining, within 45 days of its submission, whether the application is complete. Thereafter:
(b)
If the application is found to lack some of the information required by § 215-83B or C, the Board shall either:
[1]
Cause the applicant to be notified, in writing, that the application is incomplete, specifying the deficiencies in the application; or
[2]
If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, the Board may waive the requirement that the items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.
(d)
In the event the Board falls to act pursuant to Subsection D(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, the application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the aforesaid application is certified complete or on the 46th day following the submission of the application in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.
(3)
Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:
(a)
Secretary of the Planning Board or Secretary of the Zoning Board of Adjustment, as the case may be: four copies of the preliminary plat or plan and four copies of the application and any protective covenants or deed restrictions.
(b)
Environmental Commission: one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions.
(c)
Township Planner: one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions.
(d)
Township Engineer: two copies of the preliminary plat or plan plus one copy each of the application and any protective covenants or deed restrictions.
(e)
District Fire Chief: one copy of the preliminary plat or plan.
(f)
Ewing-Lawrence Sewerage Authority: one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions.
(g)
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the preliminary plat or plan shall be sent to other Township, county or state agencies and officials.
(4)
The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete, or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary application including a request for variance relief pursuant to § 215-80A shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
(5)
The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete, or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(6)
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application as prescribed in Subsection D(4) and (5) hereinabove unless the preliminary site plan and/or preliminary subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a use variance in accordance with § 215-90D, in which case the Zoning Board of Adjustment shall act on all aspects of the application within 120 days after the application has been certified complete by the Secretary of the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(7)
Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to mitigate any adverse effect(s) prior to further review, classification or approval by the Board, or where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect.
(8)
All hearings held on applications for preliminary major subdivision approval and preliminary major site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see § 215-95D).
(9)
The recommendation of those agencies and officials to whom the preliminary plat or plan was forwarded shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.
(10)
Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of the approval. Should major revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.
(11)
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 215-95F setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of the resolution.
E.
Effect of preliminary approval.
(1)
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:
(a)
That 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 off-tract improvements;
(b)
That 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 plat or plan; and
(c)
That the applicant may apply for and the 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 or of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in § 215-83E(1) hereinabove for such period of time longer than three years as shall be determined by the 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.
(a)
The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the 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 by ordinance, such revised standards may govern.
§ 215-84 Submission of final major subdivision plats and final major site plans.
A.
Procedure for submitting final plats and final plans. A final plat or final plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer at least 10 days prior to the first regularly scheduled meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be, nine copies of the final major subdivision plat or final major site plan; eight copies of the appropriate application; and a fee in accordance with Article X.
B.
Details required for final major subdivision plats and final major site plans.
(2)
All additional details required at the time of preliminary approval.
(3)
A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.
(4)
Detailed architectural and engineering data, including:
(a)
An architect's isometric design or perspective, as required by the Board, of each building and sign or a typical building and sign, showing front, side and rear elevations.
(b)
Cross sections, profiles and established grades of all streets, aisles, lanes and driveways.
(c)
Plans and profiles of all storm and sanitary sewers and water mains.
(d)
All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 5,000, and the dimensions of all lots to within one to 10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart, and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to National Geodetic Vertical Datum (NGVD) bench marks, with the data on the plat as to how the bearings were determined. The difference (if any) of the plat bearing system from the New Jersey State Grid Bearing System shall be noted on the plat.
(e)
Final grading plans as required by the Township Engineer.
(f)
Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.
(5)
The final submission shall be accompanied by the following documents:
(a)
Certificate from the Township Tax Collector that all taxes are paid up-to-date.
(b)
Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, and of any other company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The designing engineer(s) shall certify to the Board that the existing cross section(s) and profile(s) have been run in the field, and the field notes shall be forwarded to the Township Engineer.
(d)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 215-101 of this chapter, and that such improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guarantee.
C.
Action by the Township.
(1)
The Planning Board or Zoning Board of Adjustment, as the case may be, and its professional advisors and Site Review Committee shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether the application is complete. Thereafter:
(a)
If the application is found to contain all of the information required by § 215-84B, the Board shall certify that the application is complete.
(b)
If the application is found to lack some of the information required by § 215-84B, the Board shall either:
[1]
Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or
[2]
If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, the Board may waive the requirement that the items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 215-84B, and the request shall be granted or denied by the Board within 45 days.
(d)
In the event the Board fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
(2)
On the date the aforesaid application is certified complete or on the 46th day following the submission of the application in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.
(3)
Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:
(a)
Secretary of the Planning Board or Secretary of the Zoning Board of Adjustment, as the case may be: four copies of the final plat or plan and four copies of the application.
(b)
Environmental Commission: one copy each of the final plat or plan and the application.
(c)
Township Planner: one copy each of the final plat or plan and the application.
(d)
Township Engineer: two copies each of the final plat or plan and the application.
(e)
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the final plat or plan shall be sent to other Township, county or state agencies and officials.
(4)
The Board shall take action on final site plan and final subdivision applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(5)
The recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the final submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the final plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Additionally, in the case of final subdivisions only, the applicant shall include one cloth copy and at least two Mylar copies of the approved plat in addition to the 10 paper copies.
(6)
After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 215-95F:
(a)
Administrative Officer: one paper copy and, if required, one Mylar and one cloth copy.
(b)
Township Engineer: two paper copies and one Mylar copy.
(c)
Construction Official: one paper copy.
(d)
Township Tax Assessor: one paper copy.
(e)
Mercer County Planning Board;
(f)
The applicant: one paper copy and, if required, one Mylar copy.
(g)
Such other Township, county or state agencies and officials as directed by the Board.
(7)
Within 95 days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of same with the Mercer County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days.
(8)
If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Secretary of the Board, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.
D.
Effect of final approval.
(1)
Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date of final approval;
(a)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
(b)
If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.
(2)
In the case of a residential cluster subdivision of 50 acres or more or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in § 215-84D(1) hereinabove for such period of time longer than two years as shall be determined by the Board to be reasonable, taking into consideration:
(3)
The developer may apply thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration: