Lopatcong Township City Zoning Code
ARTICLE VI
Application Procedures
§ 243-23 Approval required.
Prior to the subdivision or resubdivision of land and prior to the issuance of a permit for any development, an application for subdivision, site plan or conditional use, as the case may be, shall be submitted to and approved by the Board in accordance with the requirements of this chapter, except that individual lot applications for detached one- or two-family dwelling unit buildings shall be exempt from site plan review and approval.
§ 243-24 Filing with County Planning Board.
Where approval of the County Planning Board is required, the applicant shall file the appropriate application with that agency in accordance with its rules and regulations.
§ 243-25 Contents of application.
A.
An application for development shall contain any and all data and material indicated on the appropriate checklist as adopted by the Township.[1]
[1]
Editor's Note: Said checklists are included as attachments to this chapter.
B.
Completeness.
(1)
An application for development shall be complete for purposes of commencing the applicable time period for action by the Board when so certified by the Clerk of the Board. In the event that the application is not certified to be complete within 45 days of the date of its submission, it shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless the application lacks information indicated on the required checklist provided to the applicant and the applicant has been notified, in writing, of the deficiencies in the application within 45 days of submission.
(2)
The applicant may request that one or more of the submission requirements be waived, in which case the Board shall grant or deny the waiver request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application.
(3)
The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents as reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met.
(4)
The application shall not be deemed incomplete for lack of any such additional information or any revisions in accompanying documents so required by the Board.
§ 243-25.1 Preliminary meeting with Township professionals.
[Added 5-15-1991 by Ord. No. 1991-17]
In the event that any person, partnership, corporation or entity requests a meeting to discuss development plans or alternatives with the Township Attorney or other professionals retained by the Township, said person, partnership, corporation or other entity shall be responsible to reimburse the Township for the cost to the Township of its professional(s) attending such meeting or meetings. This cost shall be in addition to all other fees and charges heretofore or hereafter established. An escrow deposit of $1,000 shall be submitted by such person, partnership, corporation or other entity before any such meeting is held. Where the professional fee costs exceed the escrow deposit, the party who requested the meeting shall pay the additional amount upon receipt of a statement from the Township. Where the professional fee costs are less than the escrow deposit, the difference shall either be refunded to the party who requested the meeting within 60 days of his request for a refund or credited toward any fees required to be paid for submission of a subsequent concept plan or formal application for development.
§ 243-26 Concept plan review.
A.
At the request of the applicant, the Planning Board shall grant an informal review of a concept plan from which the applicant intends to prepare and submit an application for development. The concept plan shall be in sufficient detail to allow the Planning Board to make an informal decision on the merits of the proposal. The applicant shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
B.
The amount of any fee for such an informal review shall be a credit toward fees for review of the application for development.
C.
The submission of a concept plan is recommended prior to the filing of a formal application for preliminary subdivision or site plan approval.
§ 243-27 Application fees.
[Amended 9-1-1993 by Ord. No. 1993-17; 9-3-1997 by Ord. No. 1997-12; 9-2-1998 by Ord. No. 1998-24; 2-3-1999 by Ord. No. 1999-02; 11-1-2006 by Ord. No. 2006-27]
A.
As part of the submission of an application for approval from either the Planning Board or Zoning Board of Adjustment, the applicant shall submit application fees as provided for in the schedule in the attachment entitled "243 Attachment 10."[1] All application fees must be paid for in accordance with the schedule prior to the certification of a complete application.
[1]
Editor's Note: Schedule 243 Attachment 10, Application Fees and Escrow Amounts, is included as an attachment this chapter.
B.
Where a subdivision plan application or site plan review application requires other relief or action such as a conditional use permit and various relief, the application fees shall be cumulative and reflect all reviews required by the Planning Board and Zoning Board of Adjustment.
C.
In order for an application to qualify for the lower fees established in the schedule for residential applications, an application must be exclusively residential in character and can only be for a single use on the lot. Any applications not complying with each of these conditions shall fall under the higher fee schedule.
D.
Special meetings.
(1)
Requests for the calling of a special meeting of the Planning Board or Zoning Board of Adjustment for the purpose of considering an application for development when such meeting date does not fall on the Planning Board's or Zoning Board's regular meeting night must be made in writing; must be 14 days prior to the requested meeting date; and must be accompanied by a fee of $500; provided, however, that in the event that a special meeting is requested by an applicant because of the inability of the Planning Board or Zoning Board of Adjustment to meet on its regular meeting date because of a lack of a quorum, no additional fee shall be charged.
(2)
If the Board determines that the cost of professional services required at such special meeting exceeds the above amount, the applicant requesting the special meeting will be required to deposit an additional sum to cover the cost of review and inspection services provided by the Board's Attorney, Township Engineer and other Township personnel, professional consultants and other required experts.
(3)
The Township Treasurer shall place such deposit in a trust account, make disbursements and return any unused portion of the deposit to the applicant. If such costs exceed the amount of the deposit, additional funds shall be deposited by the applicant.
§ 243-28 Escrow accounts; deposit for technical review and inspections.
[Amended 2-19-1992 by Ord. No. 1992-02; 9-1-1993 by Ord. No. 1993-17; 9-3-1997 by Ord. No. 1997-12; 6-3-1998 by Ord. No. 1998-14; 12-2-1998 by Ord. No. 1998-31; 8-2-2000 by Ord. No. 2000-21; 11-1-2006 by Ord. No. 2006-27]
A.
Escrow deposit.
(1)
In addition to the above general nonrefundable fees, for each conceptual, preliminary or final application filed, the applicant shall reimburse the municipality for all professional or technical review fees deemed necessary or desirable by the approving authority and shall establish an escrow fund with the Township Chief Financial Officer to pay such fees or charges. The escrow fund shall be utilized to reimburse the municipality for all costs which are reasonable and related to the review of such application.
(2)
As part of the application submission, the applicant shall be required to make a deposit to the escrow account in an amount provided for in the schedule in the attachment entitled "243 Attachment 10."[1] All fees and escrow deposits must be paid prior to the certification of a complete application. If the amount posted is not sufficient to cover the Township's professional charges associated with the application, the Board shall require additional funds.
[1]
Editor's Note: Schedule 243 Attachment 10, Application Fees and Escrow Amounts, is included as an attachment this chapter.
(3)
After approval of an application and prior to the start of construction, the applicant shall be required to make a further deposit to the escrow account to provide for anticipated inspection fees and any anticipated additional professional review services in accordance with Subsection B below.
(4)
Additional escrow funds shall be required when the balance of any escrow account reaches 20% of the initial deposit. The Township shall notify the applicant, who shall be requested to deposit up to 35% of the original escrow account. No further consideration, review, processing or inspection shall take place until the additional escrow has been paid.
(5)
For escrow deposits over $5,000, the procedures under N.J.S.A. 40:55D-53.1 shall prevail.
(6)
At the applicant's written request, an account of the expenses or fees paid by him for professional services shall be provided. Township professionals shall submit vouchers for all services to be assessed against an escrow account.
(7)
Any unexpended monies remaining after the completion of the project and maintenance period shall be returned to the applicant.
B.
Escrow deposit for inspection. Prior to the start of construction, the applicant shall post inspection funds in the amount of 5% of the estimated construction costs.
C.
Board secretaries, special meetings. The applicant shall be billed for the Board Secretary at a rate of $12 per hour (minimum two hours) for the meeting, plus preparation before and after the meeting.
D.
Tax Map maintenance fees.
(1)
The following fees shall be paid by the applicant at the time of passage of a resolution of subdivision approval by the Planning Board or the Board of Adjustment of the Township of Lopatcong for the cost of making updates and modifications to the Tax Map of the Township of Lopatcong relating to said applications:
(2)
Payment of the fees required hereunder shall be an expressed condition of any subdivision approval granted by either the Lopatcong Township Planning Board or the Lopatcong Township Board of Adjustment, as the case may be.
(3)
At the time the final plat is submitted for signatures of municipal officials, the applicant shall submit a CAD-generated data file(s) directly translatable into an identical image of the final plat, conforming to the following:
(4)
At the direction of the applicant, the Department of Planning and Engineering staff can be requested to do the required conversion to CAD at a fee to be set by the Engineer.
§ 243-29 General submission requirements; scheduling of public hearing; conditional approvals.
A.
General submission requirements.
(1)
For any application for development, the applicant shall submit the following:
(a)
Eighteen copies of the completed application.
(b)
Five copies of the completed checklist.
(c)
Eighteen sets of plans or plats.
(d)
Five copies of any supporting reports or documents.
(e)
Five copies of any easements or restrictive covenants running with the land.
(f)
Filing fees, with completed substitute Form W-9.
(3)
The Clerk of the Board shall be responsible for the distribution of copies to all local review agencies. The applicant shall be responsible for distribution to the County Planning Board, Soil Conservation District and any other county, state or federal agency from which approvals are necessary.
(4)
All applications must be accompanied by proof from the Lopatcong Township Tax Collector or other designated official that no taxes or assessments for local improvements are due or delinquent on the property for which development application is made.
(5)
All applications shall be accompanied by a proof of payment of taxes supplied by the Township Tax Collector. No zoning permit shall be issued for approval granted by the Township Zoning Officer if taxes or assessments for local improvements are due or delinquent on the property for which the application is made.
[Added 12-6-2006 by Ord. No. 2006-32]
B.
Scheduling of public hearing.
(1)
A hearing shall be scheduled and held not less than 10 days prior to the date that the Board is required to act pursuant to the terms of this chapter or the Municipal Land Use Law,[1] including any extensions of time as may be consented to by the developer.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
The Board shall notify the developer of the date of his public hearing, sufficiently prior to such hearing to allow the applicant to provide notice as required by the Municipal Land Use Law (N.J.S.A. 40:55D-11 and 40:55D-12).
(3)
Such notice will be required for all applications except minor subdivisions, minor site plans and final approval.
C.
Conditional approvals.
(1)
Whenever an application requires approval by a government agency other than the Township, the Board shall condition its approval upon the subsequent approval of such agency, provided that the Board shall make its decision within the time frames prescribed above or any extensions granted thereto.
(2)
Whenever an application is filed for a development that is barred or prevented, directly or indirectly, by legal action or by a directive or order issued by a state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Board shall process such application and shall condition any approvals granted on the removal of such legal barrier to development.
§ 243-30 Initial report by Municipal Engineer; time limit for action by Planning Board.
[Amended 7-2-1997 by Ord. No. 1997-08]
A.
Upon initial submission of an application for development, the Municipal Engineer shall have 28 days from the date of the submission to render an initial report, in respect of the project, to be considered by the Board in making a determination as to completeness and further considered at the public hearing. The Municipal Engineer shall have 21 days within which to review any subsequent submissions by an applicant and to render a written report to the Board. The Municipal Engineer shall be responsible to issue a written report with a copy to the applicant not fewer than five business days prior to any scheduled public meeting, to the end that the applicant may appear at the open public meeting prepared to respond to the Municipal Engineer's report.
B.
Once an application has been deemed complete by the Planning Board, the Planning Board shall grant or deny the application within the time frames prescribed below or within such further time as consented to by the applicant:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Application | Period of Time for Action Type of by Planning Board (days) |
|---|---|
Minor subdivision plat | 45 |
Minor site plan | 45 |
Preliminary subdivision plat: | |
10 lots or fewer | 45 |
More than 10 lots | 95 |
Preliminary site plan: | |
10 acres or fewer and 10 dwelling units or fewer | 45 |
More than 10 acres and more than 10 dwelling units | 95 |
Final subdivision plan | 45 |
Final site plan | 45 |
C.
Failure of the Board to act within the period prescribed or extended shall constitute approval. Any applicant claiming approval of his application by reason of the failure of the Township to act within the prescribed time period shall comply with the default provisions of N.J.S.A. 40:55D-10.4.
§ 243-31 Submission of minor subdivision/minor site plan.
B.
The application shall be classified as a minor subdivision/site plan and granted or denied approval by the Board within the required time period or extensions granted. In approving an application for minor subdivision/site plan, the Board may impose such terms and conditions as are reasonable and within the intent of this chapter, including provisions for improvements pursuant to this chapter and Chapter 153, Off-Tract Improvements.
C.
Classification as a minor subdivision shall expire 190 days from the date of approval unless within such period a plat in conformity with such approvals and the provisions of the Map Filing Law, P.L. 2011, c. 217 (N.J.S.A. 46:26B-1 et seq.), or a deed clearly describing the 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 filing shall have been signed by the Chairman and Secretary of the Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which the approval is granted shall not change for a period of two years after the date of approval, provided that, in the case of a minor subdivision, said subdivision shall have been duly recorded as provided above.
E.
If an application for a minor subdivision is classified as a major subdivision, the developer shall be so notified and shall follow the procedures for major subdivision contained in this chapter.
§ 243-32 Submission of preliminary major subdivision plat and/or preliminary major site plan.
B.
When the Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application, following the procedures for hearings in § 243-8.
C.
If substantial amendments are proposed or required to the plans submitted, an amended application shall be submitted and acted upon as in the case of the original. The Board shall, if the proposed application complies with this chapter and other applicable municipal regulations, grant preliminary approval.
D.
Preliminary approval of a major subdivision or site plan shall confer on the applicant the following rights for a three-year period, except as provided in Subsection E below, from the date of approval:
(1)
That the general terms and conditions under which approval was granted will not change.
(2)
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or sections of the preliminary subdivision or site plan.
(3)
That the applicant may apply for and the Planning Board may grant extensions 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.
E.
For subdivisions or site plans of 50 acres or more, the Board may grant the rights in Subsection D above for a period of time, longer than three years, to be determined by the number of dwelling units and nonresidential floor area proposed, by economic conditions and by the comprehensiveness of the development. The applicant may apply for and the Board may grant an extension of approval for such additional time as would be reasonable based on the considerations above, provided that, if the design standards have been revised, such revised standards may govern.
F.
The applicant shall provide the Clerk of the Board with six sets of plans revised in accordance with the approval prior to the signing of the plats.
§ 243-33 Submission of final subdivision and/or site plan.
A.
Prior to the filing of an application for final subdivision or final site plan approval for the whole or a section of an application that has been granted preliminary approval, the developer shall have installed the improvements required in this chapter in accordance with the approved preliminary plan and under the supervision and inspection of the Township Engineer or shall have posted the required performance guaranties to assure the installation of improvements pursuant to § 243-85 of this chapter.
B.
An application for final subdivision or site plan approval shall be filed in accordance with the provisions of this chapter and shall contain all data and information required in §§ 243-41 and 243-44, as well as all information indicated on the checklist for determining completeness. Said application shall be filed within the period prescribed in § 243-32 and may be for the whole or a section or sections of the preliminary approval.
C.
When the Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application, following the procedure for hearings in § 243-8. The Board shall, if the application complies with this chapter and any conditions imposed by the Board, grant final approval.
D.
Final approval of a subdivision or site plan shall confer on the applicant the following rights for a two-year period, except as provided in Subsection E below, from the date of approval:
(1)
That the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer at preliminary approval shall not be changed, provided that, for a major subdivision, the plat has been duly recorded within the required time period.
(2)
That the applicant may apply for and the Board may grant extensions for additional periods of one year but not to exceed three extensions.
(3)
That the granting of final approval terminates the time period of preliminary approval for the section or sections granted final approval.
E.
In the case of a site plan for a planned development of 50 acres or more or conventional site plans of 150 acres or more or site plans for 200,000 square feet or more of nonresidential floor area, the Board may grant the rights in Subsection D above for a period of time longer than two years, to be determined by the number of dwelling units and nonresidential floor area approved, by economic conditions and by the comprehensiveness of the development. The applicant may apply for and the Board may grant an extension of approval for such additional time as would be reasonable based or the considered above.
[Amended 12-1-2004 by Ord. No. 2004-18]
F.
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 Board may, for good cause shown, extend the period of recording an additional 95 days from the date of signing. No subdivision plat shall be accepted for filing by the county recording officer until it has been signed by the Chairman and Secretary of the Board or a certificate of subdivision has been issued pursuant to N.J.S.A. 40:55D-1 et seq.
G.
After final approval, the developer shall provide the Clerk of the Board with one Mylar tracing, one opaque cloth print and six paper print sets of the corrected and signed final plat and drawings.
H.
No construction permits shall be issued until final subdivision approval of the final plat and filing of said plat with the county recording officer as required in Subsection F above. Proof of filing shall be submitted to the Clerk of the Board prior to issuance of a building permit.
I.
A construction permit in connection with a site plan may be issued prior to final approval, but only after satisfaction of all conditions of preliminary approval and installation of such improvements as the Board, upon advice of the Township Engineer, may find necessary as precedent to the issuance of such permit. No certificate of occupancy in connection with a site plan shall be issued until final site plan approval by the Board.
J.
Development agreements.
[Added 7-7-1993 by Ord. No. 1993-14[1]]
(1)
On each occasion where off-tract improvements or other such conditions are necessary for the development of real property as required by existing ordinances or by the Planning Board, there shall be executed a development agreement.
(2)
The development agreement shall be executed by the Mayor of the municipality and the landowner, developer and builder and shall be approved as to form, sufficiency and execution by the Planning Board Attorney and the Township Attorney.
(3)
The development agreement shall include, but not be limited to, specification of cash contribution, the method of payment of the same, the relative timing of such payment and the obligation or obligations to be undertaken by the Township of Lopatcong.
K.
Completion of improvements. After completing the construction of the public improvements and prior to the termination of the guaranty period, the applicant shall prepare a set of the approved improvement and utility plan and profiles (Mylar reproductions), amended to indicate as-constructed information, and apply to the Township Engineer for a final inspection of the work as provided in § 243-84.
§ 243-34 Other applications and actions by regulatory bodies.
All applicants shall submit copies of all documents and maps submitted in support of other regulatory applications in respect to or affecting any pending application. In the event of a conditional approval, such copies of all documents and maps shall be submitted until the condition is satisfied.
§ 243-35 Suspension of running of period of approval when legal action or directive is pending.
In the event that, during the period of approval heretofore granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval shall be suspended for the period of time said legal action is pending or such directive or order is in effect.