Frelinghuysen Township
City Zoning Code
City Zoning Code
SECTION 800
Development Application Review Procedures
§ LDO-801 JURISDICTION OF RESPONSIBILITY DURING DEVELOPMENT APPLICATION REVIEW.
[Ord. No. 2013-03]
The Land Use Board acting as the Planning Board and the Land Use Board acting as the Zoning Board of Adjustment have certain overlapping powers to expedite the review process. Their respective responsibilities are outlined below:
A.
Powers of the Land Use Board acting as the Planning Board:
1.
The Land Use Board acting as the Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.
2.
The Land Use Board acting as the Planning Board shall have the power to act in lieu of the Land Use Board acting as the Zoning Board of Adjustment and subject to the same extent and restrictions of the Land Use Board acting as the Zoning Board of Adjustment on the following matters when the Land Use Board acting as 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, for 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. 40:55-32.
c.
Direct, pursuant to N.J.S.A. 40:55D-36, for issuance of a permit for a building or structure not related to a street.
B.
The Land Use Board acting as the Zoning Board of Adjustment Action in Lieu of Planning Board.
The Land Use Board acting as 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.
§ LDO-801A CHECKLISTS FOR LAND USE APPLICATIONS.
[Ord. #2013-11]
The Checklists are hereby adopted pursuant to N.J.S.A. 40:55D-10.3 and include:[1]
Site Plan Application
Subdivision Application
Checklist #1 — Appeals, Interpretations, Special Questions, Variances
Checklist #2 — Minor Subdivision
Checklist #3 — Preliminary Major Subdivision
Checklist #4 — Final Major Subdivision
Checklist #5 — Preliminary Site Plan
Checklist #6 — Final Site Plan
[1]
Editor's Note: The Checklists are included as attachments to this chapter. The Checklists dated September 2013 prevail in the event of conflict with requirements stated in Section 800.
§ LDO-802 APPLICATION OF REQUIREMENTS.
A.
Subdivision Review.
All subdivisions, as defined under Section 200, 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 and no Certificate of Occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the appropriate Board except that:
1.
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval, except that the use of any existing or proposed principal or accessory building for a "home occupation" as defined and permitted by this ordinance shall require minor site plan approval prior to the issuance of a construction permit or certificate of occupancy. The foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other Ordinances.
2.
Any change of use from one permitted nonresidential use to another permitted nonresidential use shall not require site plan approval if both the construction official and zoning officer stipulate to the Board in writing that the existing site development meets the requirements of this ordinance for the new use. An applicant shall be entitled to such certification within fifteen (15) days after submission of the aforesaid written report; in the event that site plan review is required, an applicant shall be entitled to a written report from the Construction Official and Zoning Officer within fifteen (15) days as to why such certification was not given.
3.
Barns, sheds and silos erected for agricultural purposes shall not require site plan review unless required by the construction official or zoning officer.
C.
Variance Relief.
All applications for variance relief to the Land Use Board acting as the Board of Adjustment not involving any related site plan, subdivision or conditional use approval shall be filed at least fourteen (14) days prior to the fourth Monday of the month. The filing shall include nine (9) copies of any maps and related material; nine (9) completed copies of the appropriate application form(s), which includes the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this ordinance; and the fee in accordance with Section 900 of this ordinance. The Board shall act upon the application as stipulated by law.
[ Ord. No. 2013-03]
D.
"Informal" Review of a "Concept" Plan or Plat by the Planning Board.
1.
At the request of a developer, the Planning Board shall grant one (1) informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development.
2.
The developer shall be required to submit a fee for such an informal review in accordance with Section 900 of this ordinance; in addition, no professional review(s) will be undertaken unless the developer agrees to pay for said review(s) and establishes an escrow account and pays the fees in accordance with Section 900 of this ordinance.
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 or plat informally reviewed by the Planning Board shall so notify the Administrative Officer at least fourteen (14) days prior to the first regularly scheduled monthly meeting of the Planning Board and shall submit plans or plats at that time if requesting professional review. The Administrative Officer shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.
5.
A developer presenting a concept plan for informal review by the Planning Board shall be limited to a fifteen (15) minute presentation for a minor subdivision or site plan and thirty (30) minutes for a major subdivision or site plan.
§ LDO-803 SUBMISSION OF MINOR SUBDIVISION PLATS AND MINOR SITE PLANS.
A.
Procedure for Submitting Minor Subdivision Plats and Minor Site Plans.
The applicant shall submit to the Administrative Officer at least twenty-one (21) days prior to the first Monday of the month for Planning Board review and the fourth Monday of the month for Zoning Board review: eighteen (18) copies of the minor plat or plan; seventeen (17) copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this ordinance; and a fee in, accordance with Section 900 of this ordinance. The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and minor site plans, and agrees to be bound by it. 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 said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less than 1" equals 100' and shall be submitted on one of four of the following standard sheet sizes (8 1/2" x 13"; 15" x 21"; 24" x 36"; or 30" x 42").
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:
1.
A key map showing the entire tract and its relation to the surrounding area, at the scale of the Township Tax Map;
2.
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:
a.
Name of subdivision or development, Frelinghuysen Township and Warren County;
b.
Name, title, address and telephone number of subdivider or developer;
c.
Name, title, address and license number of the professional or professionals who prepared the plat or plan;
d.
Name, title and address of the owner or owners of record;
e.
Scale;
f.
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet; and
g.
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map.
3.
Acreage figures (both with and without areas within public rights-of-way) and north arrow;
5.
Subdivision or development boundary line (heavy solid line);
6.
The location of existing and proposed property lines (with bearings and distances), streets, structures (with their numerical dimensions and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, any natural features such as wetlands and treed areas, and any historic features such as family burial grounds and such buildings as may be identified in a historic sites inventory of the Township, both within the tract and within two hundred feet (200') of its boundary;
7.
The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited, and the manner in which the easements will be controlled;
8.
Zoning districts affecting the tract, including district names and requirements, and a comparison to the application;
9.
Proposed buffer and landscaped areas;
10.
Delineation of flood plains, including both floodway and flood fringe areas;
11.
Delineation of wetlands and wetlands transition zones;
12.
Contours as shown on the U.S.G.S. topographic sheets; however, the Board may require additional topographic data if warranted by the topography of the tract, including elevations at lot corners and high and low elevations of the tract if the difference between high and low elevations is less than twenty feet (20');
13.
Marshes, ponds and lands subject to flooding within the tract and within two hundred feet (200') thereof;
14.
The name of all adjacent property owners within two hundred feet (200') of the tract boundary as they appear on the most recent tax list prepared by the Township Tax Assessor;
15.
Certificate from the Township Tax Collector that all taxes and assessments are paid to date;
16.
Concerning minor subdivisions only, existing and proposed monuments;
17.
Concerning minor subdivision applications only and if the proposed lot(s) is (are) not served by a sanitary sewer, approval by the Board of Health of percolation tests, certified by a licensed professional engineer, indicating that the proposed lot(s) can adequately accommodate a septic system. The location(s) of the test hole(s), test results and compliance with the "Individual Sewage Disposal Code of New Jersey" or applicable Board of Health Ordinances, which ever may be more restrictive, shall be shown on the plat and certified by a licensed professional engineer. The holes being used for test purposes shall be so identified on the plat and on the site.
18.
No minor subdivision or minor site plan involving any street(s) or street improvements requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this ordinance shall be approved unless such additional right-of-way, either along one (1) or both sides of said streets, as applicable, shall be granted to the Township or other appropriate governmental agency;
19.
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 ordinance;
20.
Deed descriptions including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications shall be submitted for approval and required signatures prior to filing with the County Recording Officer;
21.
Soil types as identified on the Warren County Soils Map, shall be identified and designated, and such soil types classified as severe by the Soil Survey of Warren County may require additional information at the Planning Board's discretion; and,
22.
If the Board finds that site conditions on a minor subdivision lot present potential problems for road access, the Board may require a site plan indicating location of a driveway.
C.
Action by the Township.
1.
The Development Review Coordinator designated by the Planning Board or Zoning Board of Adjustment, as the case may be, or should the Planning Board or Zoning Board so desire, the Board itself, shall review the aforesaid application for the purpose of determining, within forty-five (45) days of its submission, whether said application is complete. Thereafter:
a.
If said application is found to contain all of the information required by Section 803B of this ordinance, said Development Review Coordinator or the Board, as the case may be, shall certify that said application is complete.
b.
If said application is found to lack some of the information required by Section 803B of this ordinance, said Development Review Coordinator or the Board, as the case may be, 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 Development Review Coordinator, or the Board, as the case may be, reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Development Review Coordinator, or the Board, as the case may be, may waive the requirement that said 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 Section 803 B. and said request shall be granted or denied by the Planning Board or Zoning Board, as the case may be, within forty-five (45) days.
d.
In the event the Development Review Coordinator, or the Board, as the case may be, fails to act pursuant to subsections 803C1b(1) or 803C1b(2) hereinabove within forty-five (45) days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth (46th) day following its submission.
2.
On the date the aforesaid application is certified complete, or on the forty-sixth (46th) day following the submission of the application, in the event the Development Review Coordinator, or the Board, as the case may be, 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 ordinance, 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.
The Planning Board or the Zoning Board of Adjustment, as the case may be, (nine [9] copies of the minor plat or plan and nine [9] copies of the application);
b.
Warren County Planning Board (three [3] copies each of the minor plat or plan and the application);
c.
Planning Board Engineer (one [1] copy each of the minor plat or plan and the application);
d.
Township Engineer (one [1] copy each of the minor plat or plan and the application);
e.
Township Fire Inspector (one [1] copy each of the minor plat or plan);
f.
Zoning Officer (one [1] copy each of the minor plat or plan and the application);
g.
County Board of Health (one [1] copy each of the minor plat or plan and the application);
h.
Township Environmental Commission (one [1] copy each of the minor plat or plan and the application);
i.
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the minor plat or plan shall be sent to other Township, County or State agencies as may be designated by the Board.
4.
The Board shall take action on minor subdivision and minor site plan applications within forty-five (45) days after the application has been certified complete by the Development Review Coordinator, or the Board, as the case may be, 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 application for 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 or 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; failure to do so may constitute the basis for denial of the application.
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 ten (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 and the Secretary of the Board, within ten (10) days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approval resolution, adopted in accordance with Section 706F of this ordinance, within ten (10) days of its adoption by the Board.
7.
When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within ten (10) days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with Section 706F of this ordinance, within ten (10) days of its adoption by the Board, setting forth the reasons for the disapproval.
8.
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 (C. 46:29-9.9 et seq.) or deed, properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be present), 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 (2) years after the date of minor subdivision approval by the Board, provided that the approved minor subdivision shall have been duly recorded.
9.
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 (in the case of subdivisions only, a map of the plat drawn to the tax map scale or as directed by the Township Engineer);
c.
Zoning Officer;
d.
Township Tax Assessor;
e.
Board of Health;
f.
Such other. Township, County or State agencies and officials as directed by the Board.
§ LDO-804 SUBMISSION OF PRELIMINARY MAJOR SUBDIVISION PLATS AND PRELIMINARY MAJOR SITE PLANS.
A.
Procedure for Submitting Preliminary Major Subdivision Plats and Preliminary Major Site Plans.
The applicant shall submit to the Administrative Officer at least twenty-one (21) days prior to the first Monday of the month for Planning Board review, or the fourth Monday of the month for Zoning Board review, eighteen (18) copies of the preliminary plat or preliminary plan; fourteen (14) completed copies of the appropriate applications which include the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this ordinance; fourteen (14) copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; and a fee in accordance with Section 900 of this ordinance. The application shall contain an acknowledgment signed by the applicant, stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans, and agrees to be bound by it. 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 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 said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less than 1" equals 100' and shall be submitted .on one of four of the following standard sheet sizes (8 1/2" x 13"; 15" x 21"; 24" x 36"; 30" x 42"). If one sheet is not sufficient to contain the entire tract, 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. Lettering shall be a minimum of one-eighth inch (1/8") in height.
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:
1.
A key map showing the entire tract and its relation to the surrounding areas, at the scale of the Township Tax Map, and providing sufficient information to identify the tract location;
2.
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:
a.
Name of subdivision or development, Frelinghuysen Township, Warren County;
b.
Name, title, address and telephone number of subdivider or developer;
c.
Name, title, address and license number of the professional or professionals who prepared the plat or plan;
d.
Name, title and address of the owner or owners of record;
e.
Scale (written and graphic);
f.
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet; and,
g.
Existing tax sheet number(s) and 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.
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 hundredth of an acre and a computation of the area of the tract to be disturbed;
7.
The names and lot and block numbers of all property owners within two hundred feet (200') of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor;
8.
Tract boundary line (heavy solid line);
9.
Zoning districts, affecting the tract, including district names and requirements, and a comparison to the application with proposed variance requests noted on the plat or plan;
10.
Wetlands, and wetlands transition zones, according to the requirements of this ordinance;
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 five hundred feet (500') of its boundaries;
12.
The location and species associations of all existing individual trees or groups of trees having a caliper of six inches (6") or more measured three feet (3') above the ground level shall be shown within the portion(s) of the tract to be disturbed as a result of the proposed development. The proposed location of all proposed plantings also shall 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.
13.
All existing and proposed water courses (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 State Department of Environmental Protection, Division of Water Resources, shall accompany the submission;
b.
Cross-sections of water courses and/or drainage swales at an appropriate scale showing the extent of the flood plain, top of bank, normal water levels and bottom elevations at the following locations, where appropriate:
(1)
At any point where a water course crosses a boundary of the tract,
(2)
At one hundred foot (100') intervals up to five hundred feet (500') upstream and downstream of any point of juncture of two or more water courses within the tract.
(3)
At one hundred foot (100') intervals for a distance of five hundred feet (500') upstream and downstream of any proposed and/or existing culvert or bridge within the tract.
(4)
At a maximum of one hundred foot (100') intervals, but not less than two (2) locations, along each water course which runs through or within five hundred feet (500') of the tract.
(5)
When ditches, swales, streams or water courses are to be altered, measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown.
(6)
The delineation of the floodways and flood fringe areas of all water courses within or adjacent to the tract.
c.
The total acreage of the drainage basin of any water course running through or adjacent to the tract;
d.
The location and extent of drainage and conservation easements and stream encroachment lines;
e.
The location, extent and water level elevation of all existing or proposed lakes or ponds within the tract and within two hundred feet (200') of the tract.
14.
Existing and proposed contours with intervals of one foot (1') where slopes are less than two percent (2%); with intervals of two feet (2') where slopes are between two percent (2%) and fifteen percent (15%); and with intervals of five feet (5') where slopes exceed fifteen percent (15%). All contour information shall refer to a known datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line.
15.
Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.
16.
Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, an indication of whether the existing structures and uses will be retained or removed, and a specific identification of any family burial grounds and such buildings as may be identified on a historic site inventory of the Township both within the tract and within two hundred feet (200') of its boundary.
17.
Size, height and location of all proposed buildings, structures, signs and lighting facilities.
18.
All dimensions necessary to confirm conformity to the Ordinance such as the size of the tract and any proposed lot(s), structure setbacks, structure heights, yards and floor area ratios. All tract and lot sizes shall be expressed in acres and square feet and shall include bearings and distances.
19.
The proposed location, direction of illumination, power and type of proposed outdoor lighting including details of lighting poles, luminaries and hours of operation.
20.
The proposed screening, buffering and landscaping, including a landscaping plan, prepared by a licensed landscape architect:
a.
Buffer zones are required along lot and street lines of all non-residential lots where said property lines or the center line of adjacent streets abut residential uses or residential zoning district lines. Each permitted use shall provide landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular district shall be as prescribed in Section 400. Buffer areas shall be measured horizontally and at right angles to either a straight lot line or street line or the tangent lines of curved lots or street lines.
Buffer areas may be existing vegetation or newly planted material and shall be maintained and kept clear of all debris and rubbish. No above surface structure or activity or the storage of materials or parking of vehicles shall be permitted in the buffer area. Newly proposed buffer areas shall be planted and maintained with grass or ground cover together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:
(1)
Plant materials used in screen plantings shall be at least six feet (6') in height when planted and shall be of such density as determined appropriate for the activities involved. The plant materials shall be of a species common to the area, be of nursery stock and shall be free of insect and disease.
(2)
Buffer areas shall be permanently maintained and plant material which does not live shall be replaced by the owner within two (2) years or two (2) growing seasons.
(3)
The screen planting shall be so placed that at maturity the plant material will be no closer than three feet (3') from any street or property line.
(4)
The buffer area shall not be broken unless specifically approved by the Board.
b.
Landscaping in parking areas shall be specified in accordance with the provisions of Section 508A of this ordinance.
c.
The Board, at its discretion, may consult with a landscape architect regarding the appropriateness of the landscaping plan as it relates to the physical characteristics of the site.
21.
The location and design of any off-street parking area, showing size and location of bays, aisles and barriers.
22.
All means of vehicular access and egress to and from the site onto public streets, showing the site and the location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation.
23.
The application shall include plans and computations for any storm drainage system 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 ground water recharge basins, detention basins or other water or soil conservation or drainage devices, with cross sections every fifty feet (50') at right angles to the long access of the basin, each extending seventy-five feet (75') beyond the top of the rim of the basin on each side.
c.
A map drawn to scale (minimum scale 1" = 100') showing the contributing area to each inlet or cross drain.
d.
A weighted run-off coefficient for each drainage area shall be determined for use in the computations.
e.
Completed "Major Development Stormwater Summary Form" that is contained within Attachment D in the Township's Tier "B" Municipal Stormwater General Permit for each stormwater management basin that is proposed on the project.
[Added 11-7-2018 by Ord. No. 2018-17]
24.
The location of existing structures such as water and sewer mains, utility structures, gas transmission lines and high tension power lines on the tract and within two hundred feet (200') of its boundaries.
25.
Plans of proposed improvements and utility layouts including sewers, storm drains and water lines and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all Township, County, State and Federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, 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 for each lot by the appropriate Township, County and State agencies and the result of percolation tests and soil log data, completed in accordance with the requirements and conditions prescribed by the Board of Health, shall be indicated on the plat or plan.
26.
Plans, typical cross sections and construction details, horizontal and vertical alignments of the center line of all proposed streets and of all existing streets abutting the tract. The vertical alignments shall be based on U.S.G.S. vertical datum or a more specific datum supplied by the Township Engineer, including curbing, sidewalks, storm drains, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.
27.
Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.
28.
The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited, and the manner in which the easements will be controlled;
29.
The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9.
30.
Certificate from the Township Tax Collector that all taxes and assessments are paid to date.
31.
Identification and designation of soil types as identified on the Warren County Soils Map. Severe soil types as classified by the Warren County Soil Survey Map may require additional information at the Board's discretion.
32.
In the case of any subdivision or site plan submission of a planned development, the applicant shall be required to submit all of the required information for all of the properties comprising the planned development, regardless of whether the applicant is seeking approval of the whole or a section of the planned development; specifically, the applicant shall be required to show the interrelationship of each portion of the project with the whole of the project considering land use, traffic, open space, buffering, drainage and surface water management, sewerage, potable water supply and any other specific planning considerations as may be of particular relevance to a particular planned development.
33.
The Board reserves the right to require additional information before granting preliminary approval when such additional information is required by the Board to make an informed decision, and/or 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 may 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 silviculture 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 ten (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 Board.
d.
All preliminary major subdivision applications where more than ten (10) lots are involved and/or preliminary major site plan applications shall be accompanied by an Environmental Impact Statement.
2.
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 including the Township Master Plan and Natural Resources Inventory. 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 as well as depth to bedrock conditions. Delineate those areas where bedrock is within two feet (2') 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)
Subsurface Water.
Describe the subsurface water conditions on the site both in terms of depth to ground water and water supply capabilities. The location, depth, capacity and water quality of all existing water wells on the site and within five hundred feet (500') 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 adverse and positive impacts during and after construction. Indicate those adverse 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 run-off.
(2)
Flooding and flood plain disruption.
(3)
Degradation of surface water quality.
(4)
Ground water pollution.
(5)
Reduction of ground water 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.
(11)
Air quality degradation.
(12)
Noise levels.
(13)
Energy utilization.
d.
Environmental Performance Controls.
Describe what measures will be employed during the planning, construction and operation phases which will minimize or eliminate adverse impacts that could result from the proposed project. Of specific interest are:
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.
3.
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 insure that the proposed development will cause no reasonably avoidable damage to any environmental resource.
D.
Action by the Township.
1.
The Development Review Coordinator designated by the Planning Board or Zoning Board of Adjustment, as the case may be, or should the Planning Board or Zoning Board so desire, the Board itself, shall review the major subdivision or major site plan application for the purpose of determining, within forty-five (45) days of its submission, whether said application is complete. Thereafter:
a.
If said application is found to contain all of the information required by Sections 804B and 804C of this ordinance, said Development Review Coordinator, or the Board, as the case may be, shall certify that said application is complete.
b.
If said application is found to lack some of the information required by Sections 804B or 804C of this ordinance, said Development Review Coordinator, or the Board, as the case may be, 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 Development Review Coordinator, or the Board, as the case may be, reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Development Review Coordinator, or the Board, as the case may be, may waive the requirement that said 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 Sections 804B and/or 804C and said request shall be granted or denied by the Planning Board or Zoning Board, as the case may be, within forty-five (45) days.
d.
In the event the Development Review Coordinator, or the Board, as the case may be, fails to act pursuant to subsections 804D1b(1), or 804D1b(2) hereinabove within forty-five (45) days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth (46th) day following its submission.
2.
On the date the aforesaid application is certified complete, or on the forty-sixth (46th) day following the submission of the application, in the event the Development Review Coordinator, or the Board, as the case may be, 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 ordinance, 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.
The Planning Board or the Zoning Board of Adjustment, as the case may be (nine [9] copies of the preliminary plat or plan and nine [9] copies of the application and any protective covenants or deed restrictions);
b.
Warren County Planning Board (three [3] copies each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);
c.
Planning Board Engineer (one [1] copy each of the plot or plan, the application and any protective covenants or deed restrictions);
d.
Township Engineer (one [1] copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);
e.
Township Fire Inspector (one [1] copy of the preliminary plat or plan);
f.
Zoning Officer (one [1] copy of the preliminary plat or plan);
g.
Board of Health (one [1] copy of the preliminary plat or plan);
h.
Township Environmental Commission (one [1] copy of the preliminary plat or plan);
i.
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 as may be designated by the Board.
4.
The Planning Board shall take action on a preliminary major site plan application involving ten (10) acres of land or less and ten (10) dwelling units or less and/or a preliminary major subdivision application involving ten (10) lots or less within forty-five (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 major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Section 801A2 of this ordinance shall be acted upon within one hundred twenty (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 ten (10) acres of land or more than ten (10) dwellings and/or a preliminary major subdivision application involving more than ten (10) lots within ninety-five (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; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Section 801A2 of this ordinance shall be acted upon within one hundred twenty (120) days or within such further time as may be consented to by the applicant.
6.
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction as prescribed in Sections 804D4 and 804D5 hereinabove in cases where the applicant has requested a "use" variance in accordance with N.J.S.A. 40:55D-70d and Section702D of this ordinance. All aspects of the application shall be acted upon within one hundred twenty (120) days after the application has been certified complete by 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 application for 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 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. Failure to do so may constitute the basis for denial of the application.
8.
In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:
a.
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Section 600 of this ordinance pursuant to N.J.S.A. 40:55D-65c.
b.
That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are adequate;
c.
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation 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.
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
9.
All hearings held on applications for preliminary major subdivision approval, and for preliminary major site plan approval in those cases specified in Section 804D10 hereinbelow, 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 fourteen (14) days prior to said hearing date. Notice of the hearing shall be given by the applicant at least ten (10) days prior to the date of the hearing (see Section 706 D.).
10.
A public hearing shall be held on those applications for major site plan approval where: a) the tract to be developed exceeds one acre; b) the tract to be developed is contiguous to a State or County road or arterial street; or c) a conditional use or variance is requested and has been granted.
11.
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 Planning Board 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 ten (10) copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.
12.
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 thirty (30) days from the date of said approval. Should substantial 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.
13.
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 Section 706F of this ordinance setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within ten (10) days of the adoption of said resolution.
E.
Effect of Preliminary Approval.
1.
Preliminary approval shall confer upon the applicant the following rights for a three (3) 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; and in the case of a site plan, any requirements peculiar to site plan approval; except that nothing therein shall be construed to prevent the municipality from modifying by Ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
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 fifty (50) acres or more, the Board may grant the rights referred to in Section 804E1 hereinabove for such period of time, longer than three (3) years, as shall be determined by the Board to be reasonable taking into consideration:
a.
The number of dwelling units and non-residential floor area permissible under preliminary approval;
b.
Economic conditions; and
c.
The comprehensiveness of the development.
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:
a. | The number of dwelling units and non-residential floor area permissible under preliminary approval; |
b. | The potential number of dwelling units and non-residential floor area of the section or sections awaiting final approval; |
c. | Economic conditions; and |
d. | The comprehensiveness of the development; |
e. | Provided that if the design standards have been revised by Ordinance, such revised standards may govern. |
§ LDO-805 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 (3) years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer at least twenty-one (21) days prior to the first Monday of the month for Planning Board review or the fourth Monday of the month for Zoning Board review, eighteen (18) copies of the final major subdivision plat or final major site plan; seventeen (17) copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this ordinance; and a fee in accordance with Section 900 of this ordinance. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans, and agrees to be bound by it.
B.
Details Required For Final Major Subdivision Plats and Final Major Site Plans.
The following information shall be submitted:
1.
All details stipulated in Sections 804B and 804C of this ordinance.
2.
All additional details required at the time of preliminary approval shall be submitted.
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 design drawing of each building and sign or a typical building and sign showing front, side and rear elevations.
b.
Cross sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, including center line geometry and horizontal alignments with bearings, radii and tangents.
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 (1) to five thousand (5,000) and the dimensions of all lot lines to within one (1) to ten thousand (10,000). All dimensions, angles and bearings must be tied to at least two (2) permanent monuments not less than three hundred feet (300') 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 the U.S. Geodetic Survey System, with the data on the plat as to how the bearings were determined.
5.
The final submission shall be accompanied by the following documents:
a.
Certification from the Township Tax Collector that all taxes and assessments are paid to date;
b.
Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, sewer utility 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.
Any Deeds of Dedication (three [3] copies each) for all properties including any street rights-of-way which might be offered to the Township.
e.
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in Section 902 of this ordinance, 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 Development Review Coordinator designated by the Planning Board or Zoning Board of Adjustment, as the case may be, or, should the Board so desire, the Board itself, shall review the aforesaid application for the purpose of determining, within forty-five (45) days of its submission, whether said application is complete. Thereafter:
a.
If said application is found to contain all of the information required by Section 805B of this ordinance, said Development Review Coordinator, or the Board, as the case may be, shall certify that said application is complete.
b.
If said application is found to lack some of the information required by Section 805B of this ordinance, said Development Review Coordinator, or the Board, as the case may be, 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 Development Review Coordinator, or the Board, as the case may be, reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Development Review Coordinator, or the Board, as the case may be, may waive the requirement that said 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 Section 805 B. and said request shall be granted to denied by the Planning Board or Zoning Board, as the case may be, within forty-five (45) days.
In the event the Development Review Coordinator or the Board, as the case may be, fails to act pursuant to subsections 805C1b(1) or 805C1b(2) hereinabove within forty-five (45) days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth (46th) day following its submission.
2.
On the date the aforesaid application is certified complete, or on the forty-sixth (46th) day following the submission of the application, in the event the Development Review Coordinator or the Board, as the case may be, 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 ordinance, 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.
The Planning Board or the Zoning Board of Adjustment, as the case may be, (nine [9] copies of the final plat or plan and nine [9] copies of the application);
b.
Warren County Planning Board (three [3] copies each of the final plat or plan and the application);
c.
Planning Board Engineer (one [I] copy each of the final plat or plan and the application);
d.
Township Engineer (one [1] copy each of the final plat or plan and the application);
e.
Township Fire Inspector (one [1] copy each of the final plat or plan);
f.
Zoning Officer (one [1] copy each of the final plat or plan and the application);
g.
Board of Health (one [I] copy each of the final plat or plan and the application);
h.
Township Environmental Commission (one [I] copy each of the final plat or plan and the application);
i.
At the direction of the Planning Board or 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 as may be designated by the Board.
4.
The Board shall take action on final site plan and final subdivision applications within forty-five (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 ten (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. Moreover, in the case of final subdivisions only, the applicant shall include for signing one (1) cloth copy and at least two (2) mylar copies of the approved plat in addition to the ten (10) paper copies.
6.
After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one (1) paper copy of the signed plat or plan and shall furnish other copies to each of the following within ten (10) days from the date of the adoption of a resolution in accordance with Section 706F of this ordinance:
a.
Planning Board (one translucent tracing cloth copy or mylar, two cloth prints, one black on white print);
b.
Township Engineer (one paper copy);
c.
County Planning Board (one paper copy);
d.
Township Tax Assessor (one paper copy);
e.
The Applicant (one paper copy and, in the case of subdivisions only, one mylar copy); and
f.
Zoning Enforcement Officer (one paper copy);
g.
Township School Board (one paper copy); and
h.
Such other Township, County or State agencies and officials as directed by the Board.
7.
Within ninety-five (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 Warren County Clerk. In the event of failure to file within said ninety-five (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 ninety-five (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 ten (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 (2) 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 (1) year each, not exceeding three (3) such extensions.
2.
In the case of a subdivision or site plan for a planned development 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 Section 805D1 hereinabove for such period of time, longer than two (2) years, as shall be determined by the Board to be reasonable taking into consideration:
a.
The number of dwelling units and non-residential floor area permissible under final approval;
b.
Economic conditions; and
c.
The comprehensiveness of the development.
The developer may apply thereafter and the Board may thereafter grant an extension to final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:
a. | The number of dwelling units and non-residential floor area permissible under final approval; |
b. | The number of dwelling units and non-residential floor area remaining to be developed; |
c. | Economic conditions; and |
d. | The comprehensiveness of the development. |
Editor's Note: Site Plan Application, Subdivision Application, and Checklists #1 — #6 are included as attachments to this chapter. |