Hainesport City Zoning Code
ARTICLE V
Applications
§ 104-24 Local approval.
[Amended 3-28-1989 by Ord. No. 1989-5-2; 10-24-1989 by Ord. No. 1989-15-9]
A review board shall, by resolution, approve an applicant's application for subdivision approval prior to the filing of a subdivision plat or prior to the filing of a deed which evidences such approval with the county recording officer. Site plan approval and the approval of other applications for development by resolution of a review board shall be required as a condition of the issuance of a building permit and certificate of occupancy for development, except that subdivision or individual lot applications for detached one- or two-dwelling-unit buildings shall be exempt from such site plan review and approval. Site plan approval shall specifically be required when the existing or proposed conditions of a lot, including its topography, vegetation, drainage, floodplain, marshes, waterways, buildings, drives, parking spaces, walkways, means of egress and ingress, drainage facilities, sewer service, landscaping, structures, signs, lighting and/or screen devices, are altered, changed or modified.
§ 104-25 County approval.
Each application for subdivision approval, where required pursuant to Section 5 of P.L. 1968, c. 285,[1] and each application for site plan approval, where required pursuant to Section 8 of P.L. 1968, c. 285,[2]shall be submitted by the applicant to the County Planning Board for review and approval, as required by the aforesaid sections, and the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
§ 104-26 Preliminary discussion.
Nothing herein contained shall be construed to limit the right of an applicant to seek informal discussions with the reviewing board or its staff. Where such a procedure is sought, the applicant shall indicate its desire in a letter to the administrative officer. If the applicant desires or if the reviewing board requires that the applicant's proposal be reviewed by the Board's professional staff, the escrow sums required under Article VI shall be posted. Neither the reviewing board nor the applicant shall be bound by any such discussions or statements made during such review, provided that the right of the developer at any time to submit a complete formal application for development shall not be limited by his submission of a preliminary discussion plat, and the time for the reviewing board's decision shall not begin to run until the submission of a complete formal application.
§ 104-27 Submittal.
A.
Generally. The applicant shall submit copies of his complete formal application for development to the administrative officer. The administrative officer shall notify the applicant within 45 days of the actual submission of the application that it is incomplete, specifying the deficiencies therein, or said application shall be deemed complete as of the date it was submitted. The time for the Board's review shall not begin to run until the application is certified as complete or 45 days after submission of the application, whichever occurs first.
[Amended 3-11-1980 by Ord. No. 1980-3]
B.
Complete formal application. A complete formal application for development shall consist of the following:
C.
Distribution. The administrative officer shall distribute a copy of the plat submitted as part of the application for development for review and report and, where required, approval, as follows:
(1)
Reviewing board: three copies.
(2)
Reviewing board's planner: one copy.
[Added 4-12-1994 by Ord. No. 1994-4-3]
(3)
Reviewing board's consulting engineer: one copy.
(4)
Reviewing board's attorney: one copy.
(5)
Fire Marshal: one copy.
(6)
Zoning Officer: one copy.
(7)
Township Engineer: one copy.
(8)
County Health Department: one copy of the site plan and preliminary plat with a letter requesting review and comment on plans proposing on-site sewage disposal.
(9)
Tax Assessor: one copy of the final plat only.
§ 104-28 Hearings.
A.
Requirements. A hearing meeting the standards of Article IV shall be held on all applications for development. A public hearing meeting the standards of § 104-18 shall be held on all applications for development except final approvals, appeals, minor subdivisions and site plans not otherwise requiring variance action.
B.
Scheduling.
(1)
Generally. The administrative officer, subsequent to certifying an application for development as complete, shall cause the question of the applicant's application to be placed upon the agenda of the next regularly or specially scheduled meeting of the reviewing board, except where the certification has not occurred at least two weeks prior to the regularly or specially scheduled meeting of the reviewing board, in which case said question shall be held over until the next regularly or specially scheduled meeting of the reviewing board. When the term "specially scheduled meeting" is used above, it is deemed to refer to only specially scheduled meetings as the reviewing board shall, at its discretion, call for the review of applications for development and not for work sessions.
(2)
Waiver. The reviewing board may, by a majority vote of the members present, waive the two-week requirement set forth in Subsection B(1) above.
(3)
Notice. Subsequent to receiving notice from the Board or its Secretary of the date and time when the application for development will be heard, an applicant whose application requires notice to be given for a public hearing shall cause the notices required under § 104-19 to be sent or published. The applicant shall, prior to the holding of a public hearing, file an affidavit of service and publication on a form approved by the reviewing board, indicating the names of persons served pursuant to the requirements of § 104-19 of this chapter and the date and newspaper of publication with the administrative officer. Prior to consideration by the reviewing board of the applicant's application, the Board shall determine that proper service was effectuated.
(4)
Official reports. Parties, boards and officials to whom plans were submitted pursuant to this chapter may make such written or oral reports upon the conformity or lack of conformity of these plans to all Township requirements and the standards as set forth in this chapter. Said reports shall be made a part of the minutes of the hearing and shall constitute a basis upon which the reviewing board may take action upon the application. Such references shall not extend the period of time within which the reviewing board shall act. Nothing therefore withstanding, the Board of Adjustment shall refer any application for subdivision or site plan approval under its jurisdiction to the Planning Board for its report before it takes final action thereon. Such reference shall not extend the time for action by the Board of Adjustment, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this chapter to the Board of Adjustment, such recommendation may be rejected only by a majority of the full authorized membership of the Board of Adjustment.
(5)
Reviewing board action. At the regularly or specially scheduled meeting of the reviewing board during which the applicant's application is upon the agenda for consideration, the reviewing board, by written resolution, may take any of the following actions:
(a)
Rejection of the application. The reviewing board may reject the application of the applicant for any deviation from the requirements of this chapter, other Township ordinances or state law. The Board shall, in the resolution rejecting the application, set forth the factual and legal grounds relied upon by the Board in reaching its decision. Upon rejection, the Secretary of the reviewing board shall cause a notation of said rejection to be placed on two copies of the plan submitted in connection with the applicant's application, retain one copy for reviewing board files and send the second copy to the administrative officer who shall in turn cause the rejected plan to be returned to the applicant along with a copy of the adopted resolution.
(b)
Approval. The reviewing board may approve the application for development under the standards of § 104-30, with or without conditions, as follows:
[1]
Without conditions. In the event that the reviewing board shall approve an applicant's application for development without conditions, the application shall be deemed approved, and the applicant shall be granted the rights under § 104-31 of this article.
[2]
Subject to conditions. In the event that the reviewing board shall approve the applicant's application for development subject to conditions, said conditions shall be noted where possible on the plans approved in connection with applicant's application as well as set forth within the resolution adopted by the reviewing board.
(c)
Holdover for further study. The reviewing board may hold over any application for development for further study and action. In no event, however, may the reviewing board hold over any matter without first establishing a date certain wherein further action of the Board will take place, and in no event for a period of time in excess of that set forth in § 104-29 of this article.
(6)
Modification on appeal. The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed pursuant to N.J.S.A. 40:55D-72 and to that end have all the powers of the subcode official or administrative officer from whom the appeal is taken.
§ 104-29 Time period.
A.
Minor subdivisions. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant.
B.
Preliminary site plan approval and conditional use applications.
[Amended 3-11-1980 by Ord. No. 1980-3]
(1)
Site plans of 10 acres or less and/or 10 units or fewer. Upon the submission to the administrative officer of a complete application for a site plan for 10 acres of land or less and/or 10 units or fewer, the reviewing board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to N.J.S.A. 40:55D-60, the reviewing board shall grant or deny preliminary approval within 120 days of the date of the submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
(2)
Site plans of more than 10 acres and/or 10 dwelling units and conditional use applications. Upon the submission of a complete application for a site plan for more than 10 acres and/or more than 10 dwelling units or for a conditional use approval, the reviewing board shall grant or deny preliminary approval of the site plan and/or approval of the conditional use within 95 days of the date of such submission or within such further time as may be consented to by the applicant.
C.
Preliminary subdivision approval.
(1)
Ten or fewer lots. Upon the submission to the administrative officer of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in this chapter, the reviewing board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for subdivision approval also involves an application for relief pursuant to N.J.S.A. 40:55D-60, the reviewing board shall grant or deny preliminary approval within 120 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
(2)
More than 10 lots. Upon the submission of a complete application for a subdivision of more than 10 lots, the reviewing board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.
D.
Final subdivision or site plan approval. Final approval for a site plan or subdivision shall be granted or denied within 45 days after submission of a complete application to the administrative officer or the reviewing board or within such further time as may be consented to by the applicant.
E.
Zoning Board of Adjustment action. The Board of Adjustment shall render a decision not later than 120 days after the date an appeal is taken from the decision of the subcode official or administrative officer or the submission of a complete application for development to the Board of Adjustment through the administrative officer.
F.
Special rules.
(1)
Failure to act. Failure of the reviewing board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the application for development as submitted notwithstanding any state, county or other local review and approvals which may be required and the developer's obligation to abide by the design and construction standards of this chapter.
(2)
Simultaneous review. The reviewing board shall have the power to review and approve or deny conditional uses, variances or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the reviewing board or the reviewing board being required to hold further hearings. The longest time period for action by the reviewing board, whether it be for subdivision, conditional use, variance or site plan approval, shall apply. Whenever approval of a conditional use or variance is requested by the developer pursuant to this subsection, notice of the hearing on the application shall include reference to the request for such conditional or variance use.
(3)
Waiver.
(a)
Requirement for approval. The reviewing board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect circulation, parking demands or facilities, drainage, relationships of buildings to each other, landscaping, buffering, lighting and other consideration of site plan review either existing or necessary due to the nature of the site plan development application.
(b)
Exception to application of subdivision or site plan regulations.
[1]
Subdivisions. The reviewing board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter if the literal enforcement of one or more of the provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[2]
Site plans. The reviewing board, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
(4)
Substantial amendment. If the reviewing board requires or the applicant proposes any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The reviewing board shall, if the proposed development complies with this chapter and N.J.S.A. 40:55D-1 et seq., grant preliminary site plan approval.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
(5)
Stay of proceedings by appeal. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the subcode official or administrative officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
§ 104-30 Review standards.
A.
Minor subdivisions. The Planning Board shall waive notice and public hearing for an application for development if the reviewing board finds that the application for development conforms to the definition of "minor subdivision" in this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to Articles VII, VIII and XII of this chapter.
B.
Preliminary subdivision or site plans. Upon the submission of a complete formal application for preliminary subdivision or site plan approval, and after holding hearings as required by law, the reviewing board shall determine whether the application conforms to the design and improvement standards set forth in Articles VII, VIII, X and XII of this chapter. If the application, either with or without conditions, conforms to these standards, it shall be approved. If the application does not conform to these standards, it shall be rejected.
C.
Final subdivision or site plan. The reviewing board shall grant approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final plans (Article III), the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, N.J.S.A. 46:26B-1 et seq., provided that, in the case of a planned development, the reviewing board may permit minimal deviations from the conditions of preliminary approval necessitated by changes of condition beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Conditional use applications. Upon the submission of a complete application for a conditional use, and after holding hearings as required by law, the reviewing board shall determine whether the application conforms to the design and improvement standards set forth in Articles VII, VIII, X and XII of this chapter. If the application, either with or without conditions, conforms to these standards, the reviewing board shall further determine whether the proposed use as presented or as conditioned is compatible with the prevailing and proposed community plan for the area of the proposed use and that, if allowed, the proposal will not adversely effect other uses in the general area. Upon making these determinations, the reviewing board shall approve the applicant's plan. If the application does not conform to these standards, it shall be rejected.
E.
Variances. Upon the submission of a complete application for a variance and after holding hearings as required by law, the reviewing board shall determine whether the applicant has established by a preponderance of the evidence submitted that causes exist for the granting of the applicant's application under N.J.S.A. 40:55D-70. In making this finding, the review board shall determine that the variance or other relief can be granted, either with or without conditions, without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter. If the reviewing board makes such findings, the application shall be approved; if not, the application should be rejected.
§ 104-31 Rights under approval.
A.
Minor subdivision. Upon approval and compliance with the filing requirements contained in § 104-32 of this article, 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.
B.
Preliminary subdivision and site plans.
(1)
Preliminary approval of a major subdivision or site plan, except as provided in Subsection B(2) of this section, shall confer upon the applicant the following rights for a three-year period from the date of the reviewing board's resolution granting 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; in the case of a site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; exterior lighting, both for safety reasons and streetlighting; conservation of energy and use of renewable energy sources; and recycling of designated recyclable materials, except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
(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 subdivision plat or site plan.
(c)
That the applicant may apply for and the reviewing 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 site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsection B(1), (a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension on preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions, and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern; provided, however, that nothing herein shall grant the applicant to commence construction on or off site in furtherance of a preliminary site plan approval prior to the acquisition of final site plan approval nor in furtherance of preliminary subdivision approval prior to satisfying all conditions precedent to construction as required by the Board and posting of all required performance guaranties and escrows.
C.
Conditional use. The approval of a conditional use is a determination by the reviewing board that a use permitted within a zone if certain conditions are met is a permitted use of the applicant's property. Approval of the application grants to the applicant the right to utilize his property in the fashion set forth within his approval and in this connection to receive upon request a building permit and certificate of occupancy, provided that other conditions for their issuance, not addressed by this chapter, are met.
D.
Variances. The approval of a variance is a determination by the reviewing board that a use or condition not otherwise permitted or allowed within a zone is allowed because the applicant has affirmatively met the standards for approval specified under § 104-30E of this article. Approval of the application grants to the applicant the right to utilize his property in the fashion set forth within his approval as if said usage were permitted under this chapter. Such rights run with the land and are transferable. In this connection, an applicant may receive upon request a building permit and certificate of occupancy, provided that other conditions for their issuance, not addressed by this chapter, are met.
E.
Final major subdivision or site plan approval.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
(1)
Generally. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection B of this section, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 104-32 of this article. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in § 104-32 of this article, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this article, the granting of final approval terminates the time period of preliminary approval pursuant to Subsection B of this section for the section granted final approval.
(2)
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the reviewing board may grant the rights referred to in Subsection E(1) of this section for such period of time, longer than two years, as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the reviewing board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
§ 104-32 Filing.
A.
Minor subdivisions.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
(1)
Except as provided in Subsection A(2), approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:26B-1 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and the Secretary of the reviewing board. In reviewing the application for development for a proposed minor subdivision, the reviewing board may accept a plat not in conformity with the Map Filing Law, provided that, if the developer chooses to file the minor subdivision as provided herein by the plat rather than deed, such plat shall conform to the provisions of said Map Filing Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
The reviewing board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to Subsection A(1) of this section if the developer proves to the reasonable satisfaction of the reviewing board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the reviewing board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
B.
Major subdivisions.
(1)
Filing. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The approving authority may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The reviewing board may extend the 95-day or 190-day period if the developer proves to the reasonable satisfaction of the reviewing board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the reviewing board. The developer may apply for an extension either before or after the original expiration date. The Board Secretary shall sign and date the plat on the date the Board adopts a resolution approving or conditionally approving the plat. Such date and signature shall commence the 95-day period during which the developer must satisfy any conditions of approval necessary to acquire the balance of the approving signatures on the plat and cause said plat to be filed.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
(2)
Evidence of approval. Subject to the rights set forth in N.J.S.A. 40:55D-54b, final approval of a major subdivision for filing purposes shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the approving authority. The signature of the Chairman of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to § 104-92 of this chapter.