Hazlet Township City Zoning Code
ARTICLE VIII
Application Submission Requirements
§ 181-800 CONFORMITY REQUIRED.
Whenever an application for development to the Board is permitted or required by this Article, it shall be in such form, and accompanied by such maps, documents, and materials as are prescribed by this Article, and shall be submitted to the Administrative Officer in such numbers as required herein. No development application shall be accepted for submittal unless it conforms to the form, content, and data requirements of this Article. The standards for submission contained in this Article shall be considered the minimum requirements for the promotion of the public health, safety, and general welfare.
§ 181-801 SUBMISSION OF APPLICATION REQUIRED.
A.
Subdivision and Site Plan Approval Required Except as otherwise permitted, no zoning permit shall be issued for any building or use or enlargement of any building or use unless a site plan is first submitted and approved by the Hazlet Township Planning Board or Zoning Board of Adjustment as the law directs. No subdivision of land shall be valid unless a plat is first submitted and approved by the Hazlet Township Planning Board or Zoning Board of Adjustment.
B.
Exemptions from Site Plan Review. Site plan review and approval shall not be required for:
1.
Zoning permits for individual lot applications involving only a detached one-or two-dwelling unit building.
2.
Accessory buildings as otherwise permitted for detached one-dwelling or two-dwelling unit or uses.
3.
Accessory buildings for nonresidential uses, with a maximum 500 square foot size limitation, provided:
4.
In the opinion of the Zoning Officer, the proposed building and use will not impair the public good;
5.
Adequate information is provided to the Zoning Officer or designee in order to make an informed decision;
6.
Said building conforms to all of the requirements contained in this Ordinance, and a zoning permit is granted;
7.
Any change in occupancy, provided such change does not substantially alter the use of the site.
8.
Other buildings or structures incidental to residential uses.
9.
The alteration or repair of an existing building which is not either a detached one- or two-dwelling unit building upon determination by the Administrative Officer that the alterations or repair:
10.
No exemption from site plan review shall be permitted for any use, building, structure, or landscape either currently listed on the local, State or National Register of Historic Places, or proposed for inclusion on such register or registers in the Historic Preservation Element of the Master Plan.
11.
Expansion of an existing conforming nonresidential structure, provided:
a.
The expansion will not result in more than 10% of additional building coverage or 500 square feet, whichever is less;
b.
In the opinion of the Zoning Officer, this addition will not create a nuisance to adjoining land uses;
c.
Said building conforms to all of the requirements contained in this Ordinance, and a zoning permit and a building permit is granted;
d.
This exemption shall be limited to one expansion every three years, up to a maximum aggregate of 2,500 square feet.
C.
Site Plan Review Waiver. The Board of Jurisdiction may waive the requirement of site plan approval whenever it determines that the proposed development, alteration, repair, or change of use or occupancy does not affect the existing conditions of the lot or premises, including: topography; vegetation; drainage; floodplains; marshes and waterways; open space; walkways, means of ingress and egress; utility services; landscaping; structures; signs; lighting and screening devices; and other considerations of site plan review. Any applicant desiring a waiver under this section shall present sufficient credible evidence to allow the Board to reach such conclusions as would permit a waiver. Such evidence may consist of sketches, property descriptions, methods of operation, photographs, testimony, or other documentation or information as the Board may require. The reviewing Board shall render a decision based on such evidence and may attach conditions to any waiver so granted.
§ 181-802 SUBMISSIONS REQUIRED FOR ALL APPLICATIONS.
A.
All applications for development shall contain the following information in addition to the submission checklist information contained herein (located in Section 181-812, Development Plan Checklist) specific to the type of submission:
1.
A completed and signed application form, containing the following information:
2.
Applicant's name, address, telephone number, facsimile number, and e-mail address (if applicable);
3.
Owner's name, address, telephone number, facsimile number, and e-mail address (if applicable);
4.
Interest of applicant in property;
5.
Name, address, telephone number, facsimile number, e-mail address (if applicable) of applicant's attorney (if represented) and professional representatives;
6.
Street address of property;
7.
Tax lot and block number(s) to be assigned by the Tax Assessor.
[Ordinance No. 1421-07 adopted 10-16-2007].
8.
Zoning district in which the property is situated;
9.
Description of property;
10.
Description of proposed development;
11.
Type of application and submission level.
13.
A list of all variances or waivers requested, citing the applicable section of this Ordinance, excepting concept and general development plans.
14.
A certification from the Tax Collector's office that no taxes or assessments are due or delinquent on the subject property.
15.
Affidavit of ownership and the consent of the owner for the filing of an application for development, excepting concept plans.
16.
A certification of corporation or partnership interest pursuant to N.J.S.A. 40:55D-48.1 et seq., if applicable, excepting concept plans.
17.
A copy of any protective covenants or deed restrictions applying or to be applied to the subject land, excepting concept plans.
18.
Any existing or proposed easement or land dedicated or reserved for public use.
19.
A list of all required regulatory approvals at the municipal, County, State, and Federal level of government and their status, excepting concept plans. Applicant is responsible to make submission to all other reviewing agencies and submit proof of same.
20.
Submissions required for all application - Electronic Filing. Six sets of plans shall be prepared on sheets not larger than 24 inches by 36 inches and shall not be drawn at a scale smaller than one inch equals 50 feet nor larger than one inch equals 20 feet. A PDF file of the completed application and plans shall be emailed to the Board Secretary.
[Ord. No. 1571-2015]
B.
Details to Be Placed on All Plans.
1.
The names and addresses of the owner(s) and applicant(s).
2.
The name, signature, license or certification number, seal, and address of architect, engineer, planner, land surveyor or landscape architect, as applicable, involved in the preparation of the plat or plan.
3.
Title block denoting the type and level of submission, name of applicant(s), tax map sheet, block and lot number(s), name of County and municipality, and street location.
4.
A key map drawn at a scale no less than one inch equals 2,000 feet showing the location of the tract with reference to the surrounding properties, streets, municipal boundaries, and water courses within 500 feet of the subject parcel.
5.
A schedule of the required and proposed zoning district regulations including, but not limited to the lot size, lot width, street frontage, yard setbacks, open space requirements, parking requirements, and lot coverage.
6.
A north arrow, scale and graphic scale.
7.
A copy of the current zoning map depicting the subject tract and the surrounding properties within 500 feet of said parcel.
8.
Date of plan and/or survey and any revision date.
9.
Subdivision plans shall be required to list those lots whose buildable areas do not meet the lot arrangements set, of the zone in which the property is located.
C.
For an application for development which requests a variance pursuant to N.J.S.A. 40:55D-70c or 40:55D-70d, a conditional use, a special permit, or a decision on a special question, and which is not accompanied by a site plan or subdivision, the required information shall be in a checklist form as specified in Section 181-812 included with the application form.
§ 181-803 PERMISSIBLE DIVISION OF RESPONSIBILITY FOR PLAN PREPARATION.
A.
All plans and documents submitted shall be signed and sealed by the appropriate licensed or certified professional, as follows:
1.
Depiction of Existing Conditions on a Site Plan.
2.
Survey of property and exact location of existing conditions: Land Surveyor.
3.
The existing location of vegetation, general flood plain determination, or general location of buildings, utilities, or structures: Architect, Engineer, Land Surveyor, Landscape Architect, or Planner.
B.
Preparation of a Site Plan.
1.
The location of proposed buildings and their relationship to the site and the immediate environs: Architect or Engineer.
2.
The location of drives, parking layout, pedestrian circulation and the means of ingress and egress: Architect, Engineer, Planner or Landscape Architect.
3.
Drainage facilities for site plans of 10 acres or more; or, involving stormwater detention facilities; or, traversed by a water, course: Engineer.
4.
Other drainage facilities: Architect or Engineer.
5.
Connections with utilities and their on tract extension: Engineer.
6.
Off tract utility extensions: Engineer.
7.
On-site sanitary sewage disposal or flow equalization facilities: Engineer.
8.
Preliminary floor plans and elevation views of buildings illustrating the architectural design of a project: Architect, except where the building is part of an engineering or industrial project, in which case an Engineer.
9.
Landscaping, signs, lighting, screening material or other information not specified above: Architect, Planner, Engineer, or Landscape Architect.
10.
The general layout of a preliminary site plan or general development plan for a multiple building project, showing the development elements including their relationship to the site and the immediate environs: Architect, Engineer, Planner, or Landscape Architect.
C.
Preparation of a Major Subdivision Plat.
1.
General location of facilities, site improvements, and lot layouts: Architect, Engineer, Land Surveyor, Planner, or Landscape Architect.
2.
Design and construction details of all public improvements, including street pavements, sidewalks, curbs, sanitary sewage, and storm drainage facilities: Engineer.
3.
One subdivision plat with metes and bounds: Land Surveyor.
4.
Circulation Impact Study Transportation Engineer or Planner.
D.
Other Submissions: As qualified by the Board.
§ 181-804 COMPLETENESS OF APPLICATIONS.
A.
Initial Submission Requirements. The applicant, at their option, may chose to submit an initial submission for completeness review only, in accordance with the checklist requirements of this section. The submission may be modified to include a total of four sets of required submission materials pursuant to this Article. The submission will be distributed to the Board Engineer and Board Planner for completeness review. Upon the issuance of a Certificate of Completeness, the applicant shall make all required submissions as specified in Section 181-812, 15 days prior to the scheduled public hearing.
B.
Certification of Completeness. An application for development shall be complete for the purposes of commencing the applicable time period for action by the Board when so certified by the Board or its authorized committee or designee, the Administrative Officer. In the event that the Board, committee, or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five day period for the purposes of commencing the applicable time period unless:
C.
Submission Requirement Waivers. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to offer sufficient proof during the application process that he or she is entitled to approval of the application.
D.
Correction of Erroneous Information. The Board may subsequently require correction of any information found to be in error, and the submission of additional information not specified in this Ordinance, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revision in the accompanying documents so required by the Board.
§ 181-805 APPLICATION FOR INFORMAL (CONCEPT) REVIEW.
An applicant may request and the Planning Board shall grant, an informal review of a concept design plan for which an applicant intends to prepare and submit an application for development.
A concept design plan shall be submitted to the Administrative Officer at least 10 days prior to a regularly scheduled meeting in form, content, and number as required in the applicable checklist. All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing. The concept design plan and its documentation shall show a general design of the development and its public improvements sufficient for the Board to consider the concept. Acceptance of the concept design plan does not constitute an approval, nor shall it be considered a valid basis for the construction of improvements or other commitments that depend upon the concept plans design characteristics. Neither the applicant nor the Board shall be bound by the plan or its review.
In no event shall the concept design review be considered a preliminary plat submission or preliminary site plan submission for the purpose of deeming an application complete nor shall it constitute a general development plan, preliminary plat or preliminary site plan approval by the Board.
§ 181-806 APPLICATION FOR MINOR SUBDIVISION AND MINOR SITE PLAN.
A.
Submission Required. When an applicant proposes development that meets the definition and criteria for a minor subdivision or minor site plan, an application in form, content, and number as required herein shall be submitted.
B.
Criteria for Minor Classification. Applications shall be classed either as minor subdivisions or minor site plans only upon meeting the definitional requirements in Article II and the following criteria:
2.
Minor Site Plan.
a.
The proposed development contains less than 1,000 square feet of floor area; and
b.
The proposed development contains less than 4,000 square feet of impervious surface; and
c.
The tract was not the subject of a minor subdivision or minor site plan approval within two years of the date of the resolution of memorialization.
C.
Minimum Review Time Period. The applicant shall submit an application and associated documentation to the Administrative Officer at least 20 days prior to a regularly scheduled hearing.
D.
Review by Professionals. The Municipal Engineer, Planner, and/or other professional shall review all aspects of the application and shall expeditiously report their findings to the Board.
E.
Determination of Completeness. The Board or its designee shall determine the completeness of the application in accordance with the standards contained in this Article. No application shall be scheduled for a public hearing unless it is determined to be complete.
F.
Time Period for Consideration. Once the application is deemed complete the Board shall have 45 days to grant or deny the application, with or without conditions.
G.
Remainder of Tract. Where the remaining portion of the original tract that is to be subdivided is of sufficient size to be developed further, the applicant may be required to submit a concept plan of the entire remaining portion of the tract to indicate a feasible plan whereby the site plan applied for, together with subsequent site plan(s) that may be submitted, shall not create, impose, aggravate, or lead to any adverse condition.
H.
Board Action on Applications. The Board shall act upon the application after it has sufficiently reviewed the application, that the Board professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request for development approval to the Board, and that the concerns of other interested persons have been considered. In any event, the Board shall grant or deny the application for a minor site plan within 45 days of the date of determination that a complete application has been submitted to the Board or within such time as may be consented to by the applicant. The decision and resolution of the Board shall be in writing in accordance with N.J.S.A. 40:55D-10g through -10i.
Minor subdivision and site plan approval shall be deemed final approval by the Board.
The Board may condition approval on terms ensuring the completion of improvements and performance in accordance with this Ordinance and N.J.S.A. 40:55D-38, -39, -40, and -53.
Whenever review or approval of an application for development by the Monmouth County Planning Board is required pursuant to N.J.S.A 40:27-6.3, the Board shall condition any approval upon the timely receipt of favorable action on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period.
Failure of the Board to act within the time period prescribed shall constitute approval, and a certificate of the Administrative Officer as to the failure of the Board to act shall be issued on the request of the applicant.
I.
Effect of Approval: Minor Subdivision. 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 approval; provided that the approved minor subdivision shall have been duly recorded pursuant to N.J.S.A. 40:55D-47.
Extensions may be requested and may be granted pursuant to N.J.S.A. 40:55D-47f and g.
J.
Effect of Approval: Minor Site Plans. The zoning requirements and general terms and conditions whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of approval. Extensions may be requested and may be granted pursuant to N.J.S.A. 40:55D-46.1c.
K.
Expiration of Approval. In the granting of an application for minor site plan, the applicant shall secure a zoning permit and a construction permit. When no construction permit is required, a certificate of occupancy shall be secured within three years of the date of approval, otherwise the approval shall be considered null and void.
L.
Distribution. Upon the granting of site plan approval by the Board and the fulfillment of any conditions, the approved plan, including the resolution of approval, shall be sent to:
1.
Applicant;
2.
Planning Board file;
3.
Municipal Engineer;
4.
Municipal Planner;
5.
Construction Code Official;
6.
Township Clerk;
7.
Tax Assessor;
8.
Municipal Health Officer, if applicable; Such other municipal, County or State agencies or officials as directed by the Board or in the resolution of approval.
M.
Block and Lot Number(s). Applicant to request assignment of number(s) from the Tax Assessor.
No. 1421-07 adopted 10-16-2007]
§ 181-807 APPLICATION FOR GENERAL DEVELOPMENT PLAN APPROVAL.
A.
Submission Required. When an applicant proposes an application that meets the definition and criteria for planned development, a general development plan application in form, content, and number as required herein may be submitted.
B.
Minimum Tract Area. The minimum land area for the submittal of a general development plan application shall be greater than 20 acres.
C.
Minimum Review Time Period. The applicant shall submit to the Administrative Officer an application and associated documentation at least 30 days prior to a regularly scheduled meeting.
D.
Review by Professionals. The Municipal Engineer, Planner, and/or other professional shall review all aspects of the application and shall expeditiously report their findings to the Board.
E.
Determination of Completeness. The Board or its designee shall determine the completeness of the application in accordance with this Ordinance. No application shall be scheduled for a public hearing unless it is determined to be complete.
F.
Public Notice and Hearing. If the application is found to conform to the definition of a general development plan and is complete, the Board shall formally determine that a complete application has been submitted, and shall set a time and date for public notice and hearing and shall so advise the applicant. The Board may delegate the setting of the time and date for public notice and hearing to the Administrative Officer. Public notice shall be given in accordance with this Ordinance. All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing.
G.
Substantial Amendment. If during the hearing on the submission, the Board requires any substantial amendment in the layout of the tract or its improvements, as proposed by the applicant, that has been the subject of said hearing, an amended application shall be submitted and acted upon as an original submission.
H.
Remainder of Tract. Any lands contemplated for development under the provisions of the general development plan shall be included in the application.
I.
Board Action on Applications.
1.
Review of Plan. The Board shall act upon the application after it has sufficiently reviewed the application, that the Board professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request for development approval to the Board, and that the concerns of other interested persons have been considered.
2.
The Board shall grant, grant with conditions, or deny the application for a general development plan within 95 days of the date of determination that a complete application has been submitted to the Board or within such time as may be consented to by the applicant. Upon failure of the Board to act within the aforementioned time periods, the Board shall be deemed to have granted general development approval to the site plan.
3.
Findings for Planned Unit Developments. Prior to the approval by written resolution of a general development plan for the initial approval of a planned unit development, the Planning Board shall find the following facts and conclusions:
a.
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to zoning ordinance standards adopted pursuant to N.J.S.A. 40:55D-65c of the Municipal Land Use Law;
b.
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate;
c.
That provisions through the physical design of the proposed planned unit 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 unit development shall not have an unreasonably adverse impact upon the area in which it is proposed to be established;
4.
In the case of a proposed planned unit development that contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and the residents, occupants, and owners of the proposed development in the total completion of the development are adequate.
J.
Contents of Written Hearing Resolution. The decision and resolution of the Board shall be in writing in accordance with N.J.S.A 40:55D-10g through -10i and shall include not only conclusions, but also findings of fact related to the specific proposal; shall set forth the reasons for the grant, with or without conditions, or for the denial; and shall set particularly in what respects the plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
1.
Whether the plan is in general conformity with the provisions of the Master Plan of the Township of Hazlet.
2.
In what respects the plan is or is not consistent with the statement of objectives for planned unit development as set forth in Article I.
3.
The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reason why such departures are or are not deemed to be in the public interest.
4.
The purpose, location and amount of the common open space, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of development.
5.
The physical design of the plan and the manner in which said design does or does not make adequate provisions for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation, landscaping, and visual enjoyment.
6.
The relationship, beneficial or adverse, of the proposed planned unit development to the neighboring area in which it is proposed to be established.
7.
In the case of a plan that proposes development over a period of five or more years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents and owners of the planned unit development in the integrity of the plan, including the performance guarantees.
K.
Conditions of General Development Plan Approval. The Board may condition approval on terms ensuring the applicant's conformance to this Ordinance.
Failure of the Board to so act within the required period(s) of time shall be deemed to be a grant of the general development plan approval of the plan as submitted. In the event that the general development plan approval is granted, other than by lapse of time, either of the plan as submitted or of the plan with conditions, the Township Planning Board, as part of its resolution, shall specify the drawings, specifications, and form of performance guarantee as provided by statute that shall accompany subsequent applications for site plan or subdivision approval. In the event that the general development plan approval is granted subject to conditions, the applicant shall within 45 days after receiving a copy of the written approval of the Township Planning Board, notify the Township Planning Board of the acceptance or refusal of all conditions.
In the event the applicant agrees to all modifications and conditions made a part of the approval of a general development plan, the applicant and the Township shall enter into a Municipal Development Agreement pursuant to N.J.S.A. 40:55D-45.2 which shall specify the terms and conditions to be honored by both parties to assure the implementation of the approved planned development.
If the applicant refuses to accept all conditions, the Board shall be deemed to have denied general development plan approval.
In the event the applicant does not within the required time period notify the Board of the acceptance or refusal to of the conditions of the general development plan approval, and in the event such lack of notice shall prevent the Board and the applicant from mutually agreeing to a change in such conditions, the Board, at the request of the applicant, may extend the time during which the applicant shall notify the Board.
The Board may set forth those conditions which it deems necessary to protect the interests of the general public, and the residents and occupants of the planned unit development. Such conditions may include, but are not limited to, the sequence and distribution of uses and densities, limitations of land areas to be developed within a given period, or provision of physical means to address critical or unique environmental conditions. Such conditions shall be predicated on the following criteria:
1.
That each stage of a planned unit development shall contain, within reasonable limits, a balance of commercial and residential uses, open space, and community facilities to assure that the planned unit development is a viable self-sustaining community unit at any given stage in its growth.
2.
That each stage of development shall include required open space in proportion to that part of the total commercial and residential development units in the planned unit development that are to be developed in that stage. Such open space shall include both recreation and conservation uses accessible to the general public and open space that shall be physically proximate and accessible to the resident population within the planned unit development.
3.
That the size and timing of successive stages of a planned unit development shall be conditioned upon the availability and provision of suitable capacity of facilities such as arterial highways, primary roadways of Monmouth County, primary roadways of Hazlet Township, sewer, water, storm water drainage, and other services whose capacities must be expanded as a result of the development of the planned development.
Whenever review or approval of an application for development by the Monmouth County Planning Board is required pursuant to N.J.S.A. 40:27-6.3, the Board shall condition any approval upon the timely receipt of favorable action on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period.
Failure of the Board to act within the time period prescribed shall constitute approval, and a certificate of the Administrative Officer as to the failure of the Board to act shall be issued on the request of the applicant. Such certificate shall be sufficient in lieu of a resolution of approval and written endorsements and shall be accepted by the county recording officer for the purpose of filing.
L.
Effect of Approval. A plan that has been given general development plan approval with conditions accepted by the applicant (and provided that the applicant has not defaulted under nor violated any of the conditions of the general development plan approval) shall not be modified, revoked or otherwise impaired by action of the Township or any of its present or future agencies or officers pending an application or applications for subdivision or site plan approvals for each section without the consent of the applicant provided that an application for subdivision or site plan approval is filed within five years of the date upon which the general development plan has been approved.
In the event the developer has not applied for preliminary approval of a section or sections of an approved general development plan within five years of the date upon which the general development plan was approved such approval may be terminated by the Planning Board upon written notice to the applicant.
The Planning Board may grant these rights for a period of time longer than five years but not longer than 20 years as shall be reasonable taking into consideration:
1.
The number of dwelling units and nonresidential floor area permissible under the general development plan approval;
2.
Economic conditions; and
3.
The Comprehensiveness of the Development. The applicant may petition the Planning Board thereafter and the Planning Board may grant an extension of general development plan approval for such additional time period as shall be determined by the Planning Board to be reasonable taking into consideration:
a.
The number of dwelling units and nonresidential floor area permissible under the preliminary approval;
b.
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
c.
Economic conditions; and
d.
The comprehensiveness of the development, provided that, if the design standards have been revised, such standards may govern.
M.
Distribution. Upon the granting of general development plan approval by the Board, copies of the approved documents, including the resolution of approval, shall be sent to:
1.
Applicant;
2.
Planning Board file;
3.
Municipal Engineer;
4.
Township Planner;
5.
Construction Code Official;
6.
Township Clerk;
7.
Tax Assessor;
8.
Municipal health officer, if applicable;
9.
Such other municipal, County or State agencies or officials as directed by the Board or in the resolution of approval.
§ 181-808 APPLICATION FOR PRELIMINARY MAJOR SUBDIVISION AND PRELIMINARY MAJOR SITE PLAN.
A.
Submission Required. When an applicant proposes an application that meets the definition of a preliminary major subdivision or site plan, an application in form, content, and number as required by this Ordinance shall be submitted.
1.
Six sets of plans shall be prepared on sheets not larger than 24 inches by 36 inches and shall not be drawn at a scale smaller than one inch equals 50 feet nor larger than one inch equals 20 feet. Fourteen sets of plans shall be required, reduced to an eighteen inch by twenty-four inch sheet of paper that must be legible with an effective scale not smaller than one inch equals 50 feet.
2.
Name of development, north arrow, graphic scale, block and lot number, and block and lot numbers of all property within 200 feet of the boundaries of the development, name and address of record owner and name and address of developer.
3.
All distances in feet and decimals of a foot and all bearings of boundary lines given to the nearest 10 seconds.
4.
Survey data showing boundaries of the property, building setback lines and lines of existing street, easements and areas dedicated to public use, including existing or proposed grants, restrictions and right-of-way covering all or part of the development.
5.
The distance measured along the right-of-way lines of existing streets abutting the property, to the nearest intersection with other public streets.
6.
Location of all existing buildings on the site, and all other structures, and walls, fences, culverts, with spot elevations of such buildings and structures, and adjacent streets. Structures to be removed shall be indicated by solid lines.
7.
Location and first floor elevation of all proposed buildings or other structures, and also the elevation of the finished grade at each corner of the structures.
8.
The location of all existing and proposed storm drainage ditches and facilities, watercourses and above and below ground utility lines and appurtenances (whether publicly or privately owned) and pipe sizes, grades and direction of flow shall be shown on tract, on-site and off-tract (for a distance of 200 feet.
9.
Spot elevations, existing and proposed contours, refereed to US Coast and Geodetic survey datum with a contour interval of two feet for slopes and 5% or less and a contour intervals of five feet for slopes over 5%. Existing contours are to be indicated by dashed lines and proposed contours are to be indicated by solid lines.
10.
The vehicular circulation pattern on tract and the means of ingress and egress of the development showing in particular the size and location of driveways and curb cuts, walkways, the proposed traffic channels, acceleration and deceleration lanes, if any; and other means of controlling vehicular and pedestrian traffic.
11.
The location and design of any existing or proposed on-tract parking areas or loading areas showing size and location of spaces, bays, aisles and barriers, together with a tabulation of parking spaces and loading areas required and proposed.
12.
The location and direction of existing and proposed illumination, height, intensity and hours of operation of the existing or proposed outdoor lighting.
13.
The location, size, type and height of existing or proposed directional, regulatory or advisory signs or pavement markings.
14.
The location and use of existing structures within 100 feet of the tract boundaries.
15.
The areas to be landscaped and the type of landscaping and screening shall be shown. All existing trees, greater than six inches in diameter as measured three feet above their base shall be plotted on the plan so as to indicate which ones are to be destroyed and which ones are to be saved.
16.
The location of driveways within 100 feet of the site boundaries.
17.
The location and type of garbage and refuse disposal facilities.
18.
Evidence of compliance with Federal, State or County requirements which may be applicable.
19.
Soil erosion and sedimentation control plans shall be submitted pursuant to Freehold Soil and Conservation District.
20.
Location and type of fire hydrants, water lines and values, and sprinkler connections as determined by the Fire Department and the Township Engineer.
21.
Street plans and profiles and cross-sections and indication of handicapped ramps.
22.
A written description of proposed operations or activities relative to control of noise, glare, air and/or water pollution, fire and safety hazards.
23.
Location and elevation of high water mark or flooding, direction or flow of run-off existing or proposed, and streams within 200 feet.
24.
Improvements. As condition of site plan approval, the Municipal Agency may require that the developer install certain improvements on-site or on-tract, consistent with the Design Standards of this Ordinance.
a.
Adequate vehicular and pedestrian circulation to accommodate prospective traffic into, out of and within the site.
b.
Adequate off-street parking and loading areas.
c.
Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants.
d.
Adequate landscaping and any screening necessary to protect adjoining uses.
25.
The Municipal Agency may also require the developer to install or pay his pro-rata share of off-tract improvements.
26.
Design Standards. The preparation of all site plans shall adhere to the design criteria and principles outlined in this Ordinance.
a.
Traffic Circulation.
b.
Access Driveways. All entrance and exit driveways shall be located so as to afford maximum safety and minimum disruption of traffic on the street. The dimensions of entrance and exit driveways and internal roads shall be adequate to accommodate the volume and character of vehicles anticipated to be using the site.
c.
Any vehicular curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.
d.
Driveway grades shall adhere to the following: 1% minimum. A maximum slope of 2% for the first 20 feet from the street line shall be maintained.
e.
Curb cuts to a public street not to be closer than 100 feet to the street line of an intersecting street; or five feet to an adjacent owner's property line, as extended.
f.
The number of permitted driveways provided from a site shall be related to the type of street and traffic volume thereon and the number and location of other access points therefrom.
g.
Driveway pavement shall extend to the paved portion of the street with which it connects, per Township Engineer specifications.
h.
Driveways are to be curbed on both sides.
i.
No paved area shall be closer than five feet to any property line, however, if the zoning regulations require a greater distance from any property line such regulations shall control.
j.
Maximum grade permitted in parking areas shall be 5%.
27.
Drainage Facilities.
a.
All drainage facilities and storm water detention systems shall meet the N.J.A.C. 5:21-7 Residential Site Improvements Standards section on stormwater management.
28.
All new electric, telephone or cable T.V. lines shall be placed underground.
29.
Variation of Minimum Requirements: The rules, regulations and standards contained by this Ordinance shall be considered the minimum requirements for the protection of public health, safety and welfare of the citizens of the Township. Any action taken by the Municipal Agency under the terms of this Ordinance shall give primary consideration to the matters and to the welfare of the entire community. However, if the developer or his agent clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Municipal Agency may permit such variations or modifications as may be reasonable.
30.
Filing of Combined Applications: Nothing set forth in this Ordinance shall prevent any developer from submitting preliminary and final site plan applications simultaneously provided all requirements for the submission of each application separately have been met. The Municipal Agency shall then determine if it wishes to process the application simultaneously.
B.
Review by Professionals. The Municipal Engineer, Planner, and/or other professional shall review all aspects of the application and shall expeditiously report their findings to the Board.
C.
Determination of Completeness. The Board or its designee shall determine the completeness of the application in accordance with this Ordinance. No application shall be scheduled for a public hearing unless it is determined to be complete.
D.
Public Notice and Hearing. If the application is found to conform to the definition of a general development plan and is complete, the Board shall formally determine that a complete application has been submitted, and shall set a time and date for public notice and hearing and shall so advise the applicant. The Board may delegate the setting of the time and date for public notice and hearing to the Administrative Officer. Public notice shall be given in accordance with this Chapter. All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing.
E.
Substantial Amendment. If during the hearing on the submission, the Board requires any substantial amendment in the layout of the site or its improvements, as proposed by the applicant, that has been the subject of said hearing, an amended application shall be submitted and acted upon as an original submission.
F.
Remainder of Tract. Where the remaining portion of the original tract is of sufficient size to be developed further, the applicant may be required to submit a conceptual plan of the entire remaining portion of the tract to indicate a feasible plan whereby the site plan applied for, together with subsequent site plan(s) that may be submitted, shall not create, impose, aggravate, or lead to any adverse condition.
G.
Board Action on Applications.
1.
The Board shall act upon the application after it has sufficiently reviewed the application, that the Board professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request for development approval to the Board, and that the concerns of other interested persons have been considered.
2.
The Board shall grant, grant with conditions, or deny the application for a preliminary site plan in accordance with:
a.
A site plan of 10 acres or less or 10 dwelling units or less within 45 days of the date of determination that a complete application has been submitted to the Board or within such time as may be consented to by the applicant, or
b.
A site plan of more than 10 acres or more than 10 dwelling units within 95 days of the date of determination that a complete application has been submitted to the Board or within such time as may be consented to by the applicant.
3.
Upon failure of the Board to act within the aforementioned time periods, the Board shall be deemed to have granted preliminary approval to the site plan.
4.
The decision and resolution of the Board shall be in writing in accordance with N.J.S.A. 40:55D-10g through-10i.
5.
The Board may condition approval on terms ensuring the applicant's conformance to this Ordinance and any other applicable ordinance.
6.
Whenever review or approval of an application for development by the Monmouth County Planning Board is required pursuant to N.J.S.A. 40:27-6.3, the Board shall condition any approval upon the timely receipt of favorable action on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period.
7.
Failure of the Board to act within the time period prescribed shall constitute approval, and a certificate of the Administrative Officer as to the failure of the Board to act shall be issued on the request of the applicant. Such certificate shall be sufficient in lieu of a resolution of approval.
H.
Effect of Preliminary Approval. The approval of a preliminary major site plan and subdivision plan shall confer upon the applicant the following rights for a three year period from the date of a preliminary approval:
[Ordinance No. 1421-07 adopted 10-16-2007]
1.
That the general terms and conditions on which preliminary approval have been granted shall not be changed, including but not limited to, use requirements; layout and design standards for streets, curbs, and sidewalks, lot sizes, dimensions, yards, and improvements, whether on-tract or off.
2.
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 site plan.
3.
That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of time of at least one year and not to exceed two years, provided that if the design standards have been revised by ordinance, such revised standards may govern at the discretion of the Board.
4.
In the case of a site plan of 50 acres or larger, the Board may grant these rights for a period of time longer than three years as shall be reasonable taking into consideration:
5.
The applicant may petition the Board thereafter and the Board may grant an extension of preliminary approval for such additional time period as shall be determined by the Board to be reasonable taking into consideration:
a.
The number of dwelling units and nonresidential floor area permissible under the preliminary approval;
b.
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
c.
Economic conditions; and
d.
The comprehensiveness of the development, provided that, if the design standards have been revised, such standards may govern.
6.
Whenever the Board grants an extension of preliminary approval pursuant to this subsection and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
7.
The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before, (i), what would otherwise be the expiration date of preliminary approval, or (ii), the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension otherwise permitted by this section.
I.
Expiration of Preliminary Approval. After the granting of an application for preliminary subdivision or preliminary site plan, the applicant shall file an application for final approval within five years of the date of approval, otherwise the approval shall be considered null and void.
J.
Distribution of Preliminary Plan Approval. Upon the granting of site plan approval by the Board, copies of the approved documents, including the resolution of approval, shall be sent to:
§ 181-809 APPLICATION FOR FINAL MAJOR SUBDIVISION AND FINAL MAJOR SITE PLAN.
A.
Submission Required. When an applicant proposes an application that meets the definition requirement for a major site plan and major subdivision plan and prior to the expiration of preliminary approval for the subject tract, final plans, application forms and other required documentation shall be submitted. The applicant may submit for final approval of the whole, or a section, or sections of the preliminary development plan. Final plans shall conform substantially to preliminary plans.
[Ordinance No. 1421-07 adopted 10-16-2007]
B.
Block and Lot Number(s). Applicant to request the assignment of numbers from the Tax Assessor.
[Ordinance No. 1421-07 adopted 10-16-2007]
C.
Minimum Review Time Period. The applicant shall submit to the Administrative Officer an application and associated documentation at least 30 days prior to a regularly scheduled meeting.
D.
Review by Professionals. The Municipal Engineer, Planner, and/or other professional shall review all aspects of the application and shall expeditiously report their findings to the Board.
E.
Determination of Completeness. The Board or its designee shall determine the completeness of the application in accordance with this Article. No application shall be scheduled for a public hearing unless it is determined to be complete.
F.
Hearing. If the application is found to conform to the definition of a final site plan or subdivision and is complete, the Board shall formally determine that a complete application has been submitted, and shall set a time and date for public notice and hearing and shall so advise the applicant. The Board may delegate the setting of the time and date for public notice and hearing to the Administrative Officer.
G.
Board Action on Applications.
1.
The Board shall act upon the application after it has sufficiently reviewed the application, that the Board professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request for development approval to the Board, and that the concerns of other interested persons have been considered. Final approval shall be granted if the detailed drawings, specifications, plans, estimates, and other documentation of the application conforms to the standards established by this Ordinance and any other applicable ordinance for final approval and the conditions of preliminary approval.
2.
The Board shall grant with conditions, or deny the application for a final major subdivision or site plan within 45 days of the determination of completeness or within such time as may be consented to by the applicant.
3.
The Board shall not act upon an application until it has determined that it is complete.
4.
The decision and resolution of the Board shall be in writing in accordance with N.J.S.A. 40:55D-10g through-10i.
5.
The Board may condition approval on terms ensuring the applicant's conformance to this Ordinance and any other applicable ordinance and shall condition approval on the approval of other agencies with development review powers over the subdivision or site plan application.
6.
Whenever review or approval of an application for development by the Monmouth County Planning Board is required pursuant to N.J.S.A. 40.27-6.3, the Board shall condition any approval upon the timely receipt of favorable action on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period.
7.
Failure of the Board to act within the time period prescribed shall constitute approval, and a certificate of the Administrative Officer as to the failure of the Board to act shall be issued on the request of the applicant.
H.
Effect of Final Approval.
1.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or not, shall not be changed for a period of two years after the date of final approval.
2.
If the developer has followed the standards prescribed for final approval, the Board may extend such period of protection of rights for extensions of one year but not to exceed three such extensions. The granting of final approval terminates the time period of preliminary approval for the section granted final approval.
3.
In the case of a subdivision or site plan for a planned unit development of 50 acres or more; or, a conventional subdivision or site plan of 150 acres or more; or, of a nonresidential development of 200,000 square feet or more, the Board may grant these rights for a period of time longer than two years as shall be reasonable taking into consideration:
4.
The applicant may petition the Board thereafter and the Board may grant an extension of final approval for such additional time period as shall be determined by the Board to be reasonable taking into consideration:
5.
Whenever the Board grants an extension of final approval pursuant to this subsection and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
6.
The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before, (i), what would otherwise be the expiration date of final approval, or (ii), the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from otherwise granting an extension pursuant to this section.
I.
Distribution of Final Site Plan Approval. Upon the granting of site plan approval by the Board, copies of the approved documents, including the resolution of approval, shall be sent to:
§ 181-810 RECORDING OF FINAL PLAN AFTER APPROVAL.
A.
Within the time period established by statute or by condition of the resolution of approval, the developer shall submit three prints for review for compliance with the conditions of approval to the Planning and Zoning Department. Once it has been determined that the plat meets the conditions of approval, the developer shall submit two mylars and one plat in digital form for the permanent records of the municipality and any other instruments to be recorded with the Monmouth County Clerk's Office. The format of the digitized plat shall be as directed by the Municipal Engineer. The Municipal Engineer may waive the requirement for the submission of the digitized plat under special circumstances. No plat shall be signed by the Township Clerk, Board Chair, Board Secretary or Municipal Engineer without first complying with required guarantees for on- and off-tract improvements as set forth in Article IX of this Ordinance.
B.
Final approval of a major subdivision shall expire 95 days from the date of signing the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Board of Jurisdiction may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat. The Board of Jurisdiction may extend the ninety-five-day or 190-day period if the developer proves to the reasonable satisfaction of the Board of Jurisdiction that:
C.
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 Board of Jurisdiction. The developer may then apply for an extension either before or after the original expiration date.
D.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Board of Jurisdiction as indicated on the instrument by the signature of the Chairman or Chairwoman and Secretary of the Board of Jurisdiction or a certificate issued in lieu of action by the Board in accordance with N.J.S.A. 40:55D-47, -50, -56, -61, -67 or -76. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.
E.
It shall be the duty of the County Recording Officer to notify the Planning Board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing, and official number.
§ 181-811 CIRCULATION IMPACT STUDY.
Circulation Impact Studies, when required, shall conform to the following provisions:
A.
When Required. A circulation impact study shall be submitted for all general development plans, preliminary major subdivisions and preliminary major site plans.
B.
Submission Format. Circulation impact studies shall consist of two components, a planning report and a traffic impact report.
C.
Planning Report. The planning report component of the circulation impact study shall include the following:
1.
An introduction indicating the applicant, the location of the site in question, and a description of the site from a land use and transportation perspective.
2.
The extent to which any proposed street system meets requirements for street hierarchy, right-of-way and cart-way width, and sidewalks.
3.
The extent to which the proposed circulation system conforms to the Circulation Element of the Master Plan.
4.
The extent to which internal circulation for vehicles, people and the movement of goods is adequate.
5.
The extent to which the safety of pedestrians, bicyclists and the traveling public is protected.
6.
The provisions made to provide connectivity to the street system, pedestrian generators, and the local and regional greenway network.
D.
Traffic Impact Report. The traffic impact report component of the circulation impact study shall include the following.
1.
A description of the project phasing, access points, and connection to other existing or proposed developments.
2.
An analysis of existing conditions, including:
3.
A description of the study area and the rationale behind choosing this area;
4.
A description of the study area's roadway facilities, including number of lanes, functional classification, condition, location and type of traffic signals, and location of other traffic control devices or signs;
5.
The location of transit routes and stops and any transit facilities, including on-street, off-street, and private facilities, and service frequency;
6.
The location of school bus routes and stops;
7.
The location of pedestrian crosswalks, sidewalks, and bicycle pathways;
8.
Traffic volume data including turning movement counts at key intersections during the peak periods of the day, truck movements, pedestrian counts, and transit use;
9.
Volume/capacity analysis and an assessment of existing conditions.
E.
Traffic Characteristics of the Site.
1.
Traffic generation of the proposed uses in the development;
2.
Traffic distribution;
3.
Future demands on the transportation system;
4.
Projection of non-site related traffic to the build-out year or years of the site (base conditions);
5.
Projection of all traffic, including site traffic, to the build-out year or years of the site;
6.
Impact analysis and recommendations;
7.
Levels of service shall be computed for each analysis year both with and without the inclusion of site traffic;
8.
Comparison of levels of service conditions with site traffic, and, with site traffic after recommended improvements are constructed;
9.
Recommendations for automobile reduction techniques;
10.
Schematic plan of any recommended improvements;
11.
Site plan analysis, if applicable;
12.
Location of access points;
13.
Demand for parking and loading;
14.
Sight distance analysis.