Freehold Township City Zoning Code
ARTICLE V
Subdivision and Site Plan Procedures
§ 190-33 Approval by Planning Board.
[Amended 12-22-2015 by Ord. No. O-15-26]
A.
Planning Board approval. The Planning Board shall approve subdivision plats by resolution as a condition for filing such plats with the Monmouth County recording officer, and the approval of site plans by resolution of the Planning Board is deemed a condition for issuance for a permit for any development except that subdivision or individual lot applications for detached one- or two-family dwelling unit buildings shall be exempt from site plan review and approval.
B.
Referral to Planning Board. Prior to the hearing on adoption of an ordinance providing for Planning Board approval of either subdivisions or site plans or both or any amendment thereto, the Township Committee shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to § 190-18 of this chapter.
C.
Referral to County Planning Board. Each application for subdivision approval, and each application for site plan approval for land development along a county road shall be submitted to the Monmouth County Planning Board for review or approval, as required, and the Township Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within 30 days of submittal.
D.
New Jersey Residential Site Improvement Standards. The New Jersey Residential Site Improvement Standards approved on January 6, 1997, and effective June 3, 1997, prepared in accordance with N.J.S.A. 40:55D-40.4 and contained in the New Jersey Administrative Code under N.J.A.C. 5:21 et seq. are hereby adopted by reference.
§ 190-34 Informal review.
At the request of the 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. The developer shall be required to submit application fees for such an informal review; however, any such amount paid shall be credited against fees to be paid when formal application is made. In the event no formal application is made, the nonrefundable fees provided for in § 190-10 of this chapter shall not be refunded. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be found by any such review. The Forester may participate in this informal review to assist the developer in minimizing the number of trees removed from the site.
§ 190-35 Procedures and standards.
[Amended 12-22-2015 by Ord. No. O-15-26]
When reviewing an application for residential development, the Planning Board shall comply with the procedures and standards contained in the New Jersey Residential Site Improvement Standards prepared in accordance with N.J.S.A. 40:55D-40.4 and contained in the New Jersey Administrative Code under N.J.A.C. 5:21 effective June 3, 1997, which are hereby adopted by reference. When reviewing any other type of application for development, the Planning Board shall ensure:
A.
That the layout or arrangement of the subdivision or land development is consistent with the requirements of the zoning provisions of this chapter;
B.
Streets within the subdivision or land development are of sufficient width and suitable grade and location to accommodate prospective traffic and provide access for fire-fighting and emergency equipment to buildings and so coordinate it as to compose a convenience system consistent with the Official Map and the traffic circulation elements of the Master Plan; provided, however, that no street of a width greater than 50 feet within the right-of-way line shall be required by any developer unless said street constitutes an extension of an existing street of the greater width or has already been shown on the Master Plan or the Official Map at a greater width;
C.
That there is adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants; that areas reserved for public use are of suitable size, shape and location; that requirements of floodplain ordinances and statutes are met; that the provisions of Township ordinances relating to protection and conservation of soils from erosion by wind or rain or from excavation or grading are complied with; that there is the preservation of existing natural resources including trees, on the site; screening, that there is appropriate landscaping and location of structures, exterior lighting needed for safety reasons in addition to any requirements for streetlighting.
D.
Off-tract water, sewer, drainage and street improvements which are necessitated by a subdivision of land development shall be installed by the developer or contribution made therefor in accordance with § 190-64 et seq. and the municipal Master Plans adopted in regard thereto.
E.
The Planning Board shall not approve any application unless there is proof that there are not taxes or assessments for local improvements due or delinquent or any other Township liens on the property for which any subdivision, site plan or planned development application is made.
F.
Compliance with any consumer protection ordinance related to the sale of property or homes by conditioning any approvals upon such compliance.
G.
The Forester, in consultation with the Shade Tree Commission, shall act in an advisory capacity to the Planning Board on all applications. The Forester shall advise the Planning Board as whether the developer has taken the steps necessary to preserve existing trees on the site to the maximum extent practicable.
H.
The development conforms with requirements of the New Jersey Department of Environmental Protection in terms of freshwater wetlands and wetlands transition areas, stream encroachment and floodplains.
§ 190-36 General development plan.
A.
Applicability. These provisions shall apply to any development of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned commercial or industrial development and to developments within zone districts which specifically provide for general development plan approval as a condition of approval. Site plans for planned developments shall conform to the requirements for conventional site plans as well as to the requirements for planned developments. In the event of a conflict, the planned development requirements shall supersede the site plan requirements.
B.
General review provisions.
(1)
The Planning Board shall review all applications for approval of a general development plan, pursuant to N.J.S.A. 40:55D-45 et seq.
(2)
Approval of a general development plan shall be by resolution of the Planning Board.
(3)
The Planning Board shall not approve a general development plan unless the Planning Board makes the following findings of fact and conclusions:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards of this Chapter 190.
(b)
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.
(c)
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light, air, and visual enjoyment are adequate.
(d)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(e)
That, in the case of a proposed development, which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the occupants and owners of the proposed development in the total completion of the development are adequate.
(4)
The Planning Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within said ninety-five-day period prescribed shall constitute general development plan approval of the planned development.
(5)
The Planning Board shall, in connection with the approval of a general development plan, determine the duration of the effect of such approval, said duration not to exceed seven years, based upon the following considerations, regarding which the Planning Board shall make specific findings of fact:
(a)
The amount of floor area to be constructed;
(b)
Prevailing economic conditions;
(c)
The timing schedule to be followed in completing the development and the likelihood of its fulfillment;
(d)
The developer's capability of completing the proposed development;
(e)
The contents of the general development plan; and
(f)
The conditions attached to the approval of the general development plan.
(6)
In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.
C.
Submittal procedure. The applicant shall submit a complete application to the administrative officer. 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 municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
(1)
The application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and
(2)
The municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
E.
Amendments to approved general development plans.
(1)
In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for space within Freehold Township and the region, and the availability and capacity of public facilities to accommodate the proposed development.
(2)
In the event that the developer wishes to make any variation in the location of land uses within the planned development or to increase the floor area ratio of the planned development or any section of the planned development, such modification shall require the approval of the Planning Board. Any variation in the location of land uses or increase in floor area ratio proposed in reaction to a negative decision of, or condition of development approval imposed by the Department of Environmental Protection pursuant to N.J.S.A. 13:19-1 et seq., shall be approved by the Planning Board if the developer can demonstrate, to the satisfaction of the Planning Board, that the variation being proposed is a direct result of such determination by the Department of Environmental Protection.
(3)
A developer may, without further application to the Planning Board, in undertaking any section of the planned development, reduce the amounts of floor space by no more than 15% or reduce the floor area ratio by no more than 15% in the section. In no event shall the total floor area for the general development plan, as approved, be increased without Planning Board approval.
F.
Miscellaneous provisions.
(1)
Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purposes of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for each structure, as set forth in the approved general development plan. If the administrative officer does not receive such notification at the completion of any section of the development, the administrative officer shall notify the developer, by certified mail, in order to determine whether the 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 administrative officer has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the administrative officer shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The Planning Board thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Planning Board 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 approval does not apply for preliminary approval for the planned commercial or planned industrial development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the Planning Board shall have cause to terminate the general development plan approval.