Mantua Township City Zoning Code
ARTICLE X
Development Application Review Procedures; Effects, Compliance and Time Limitations of Approvals
§ 230-80 Jurisdiction of responsibility during development application review.
The Planning Board and the Zoning Board of Adjustment have certain overlapping powers to expedite the review process. Their respective responsibilities are outlined below:
A.
Powers of the Planning Board.
(1)
The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.
(2)
The Planning Board shall have the power to act in lieu of the Zoning Board of Adjustment and subject to the same extent and restrictions of the Zoning Board of Adjustment on the following matters when the Planning Board is reviewing applications for approval of subdivision plans, site plans or conditional uses. Whenever relief is requested pursuant to this subsection, public notice shall be given and shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
(a)
Grant variances pursuant to N.J.S.A. 40:55D-70c.
(b)
Direct, pursuant to N.J.S.A. 40:55D-34, for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55-34.
(c)
Direct, pursuant to N.J.S.A. 40:55D-36, for issuance of a permit for a building or structure not related to a street.
B.
Zoning Board of Adjustment action in lieu of Planning Board. The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, site plan, subdivision or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d.
§ 230-81 Application of requirements.
A.
Subdivision review. All subdivisions, as defined under Article II, are subject to the review procedures specified herein.
B.
Site plan review. No construction permit shall be issued for any development (as defined in N.J.S.A. 40:55D-2 et seq.), including new structures or for an addition to existing structures, and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the municipality. Development shall also mean a change in use of land, changes to a nonresidentially used site which is not in conformance with current standards, excavation, removal of soil, clearing of a site, placing of fill on lands, change in location of an access to or exit from a parking lot or a loading-unloading area to a public street, or rearrangement of existing parking spaces, parking lot aisles and drives and/or adding additional parking spaces. The exceptions to these requirements are as follow:
[Amended 11-10-1998]
(1)
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval, except that the use of any existing or proposed principal or accessory building for a home occupation as defined and permitted by this chapter shall require minor site plan approval prior to the issuance of a construction permit or certificate of occupancy.
(2)
Any addition or alteration to an existing conforming, nonresidential structure which does not account for more than 15% additional building coverage, which does not exceed 500 square feet of enclosed and roofed area and which does not involve any variance request shall not require site plan approval, provided that this exception to site plan procedures and requirements may be applied only once on any particular site.
[Amended 12-02-2019 by Ord. No. O-16-2019]
(3)
Any construction permit for the customary buildings incidental to farms shall not require site plan approval.
(4)
Any change of use from one permitted nonresidential use to another permitted nonresidential use shall not require site plan approval if both the Construction Official and the Zoning Officer stipulate to the Board that the existing site development meets the requirements of this chapter for the new use, including on-site parking requirements.
C.
Variance relief. All applications for variance relief to the Board of Adjustment not involving any related site plan, subdivision or conditional use approval shall be filed at least 14 days prior to the next regularly scheduled monthly meeting of the Board. The filing shall include 10 copies of any maps and related material, 10 copies of the completed application form, and the fee in accordance with Article XI of this chapter. The Board shall act upon the application as stipulated by law.
D.
Informal review by the Planning Board.
(1)
At the request of a developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development.
(2)
The developer shall not be required to submit any fees for such an informal review.
(3)
The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
(4)
A developer desiring to have a concept plan informally reviewed by the Planning Board shall so notify the Secretary of the Planning Board at least 14 days prior to the next regularly scheduled monthly meeting of the Planning Board. The Secretary of the Planning Board shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.
§ 230-82 Submission of minor subdivision plats and minor site plans.
A.
Procedure for submitting minor plats and minor plans.
(1)
Submit to the Administrative Officer at least 28 days prior to the first regularly scheduled monthly meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be, 20 copies of the minor plat or plan, 20 copies of the appropriate application and a fee in accordance with Article XI of this chapter. The Administrative Officer shall process this application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.
(2)
Upon receipt of an application, the Administrative Officer shall preliminarily screen the material and determine its completeness relative to the details required by this chapter for minor subdivision plats or minor site plans, as the case may be. The Administrative Officer shall either determine the application to be incomplete or determine that the application is substantially complete. Should the Administrative Officer determine that the application is incomplete, the reasons for such determination shall be specified to the applicant, and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance.
(3)
If the Administrative Officer determines the application to be substantially complete, the Administrative Officer shall retain one copy each of the minor plat or plan and the completed application and shall immediately distribute the remaining 15 copies of the minor plat or plan and 12 copies of the application in the following manner, and those who receive such copies may furnish a written report to the Board prior to the next regularly scheduled meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be:
(a)
Secretary of the Planning Board or Secretary of the Zoning Board of Adjustment, as the case may be: six copies of the minor plat or plan and six copies of the application.
(b)
Gloucester County Planning Board: one copy each of the minor plat or plan and the application.
(c)
Environmental Commission: one copy each of the minor plat or plan and the application.
(d)
Township Planner: one copy each of the minor plat or plan and the application.
(e)
Mantua Township Municipal Utilities Authority: one copy each of the minor plat or plan and the application.
(f)
Secretary of the County Board of Health: one copy of the minor plat or plan.
(g)
Zoning Officer: one copy of the minor plat or plan.
(h)
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the minor plat or plan shall be sent to other Township, county or state agencies and officials.
B.
Details required for minor subdivision plats and minor site plans.
(1)
Each minor plat or minor plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer.
(2)
Each submission shall be drawn at an appropriate scale of not less than one inch equals 100 feet and shall be presented on one of the following four sheet sizes: 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches.
(3)
If one sheet is not sufficient to contain the entire territory, the map may be divided into two sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets. Each minor plat or plan shall show the following information, as such information is applicable to the minor subdivision or minor site plan submission:
(a)
A key map showing the entire tract and its relation to the surrounding area, at a scale of one inch equals not more than 2,000 feet.
(b)
Title block.
[1]
Name of the subdivision or development, Mantua Township and Gloucester County.
[2]
Name, address and telephone number of the subdivider or developer.
[3]
Name and address of the owner or owners of record.
[4]
Scale.
[5]
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
(c)
Acreage figures and North arrow.
(e)
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map.
(f)
Subdivision or development boundary line (heavy solid line).
(g)
The location of existing and proposed property lines (with bearings and distances), streets, buildings (with their numerical dimensions and an indication as to whether existing buildings will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes and any natural features such as wetlands and treed areas, both within the tract and within 200 feet of its boundary.
(h)
The location and width of all existing and proposed utility easements.
(i)
Zoning districts affecting the tract, including district names and requirements.
(j)
Proposed buffer and landscaped areas.
(k)
Delineation of floodplains, including both floodway and flood-fringe areas.
(l)
Contours at two-foot intervals may be required at the discretion of the Township Engineer or Township Planner.
(m)
Marshes, ponds and lands subject to flooding within the tract and within 100 feet thereof.
(n)
The name of all adjacent property owners as they appear on the most recent tax list prepared by the Township Tax Assessor.
(o)
Concerning minor subdivisions only, existing and proposed monuments and/or iron or copper pins.
(p)
Concerning minor subdivision applications only and if the proposed lot(s) is (are) not served by a sanitary sewer, certification by a licensed professional engineer that the proposed lot(s) can adequately accommodate a septic system and a copy of any written review and report by the County Board of Health. The location(s) of the test hole(s), test results and compliance with the Individual Sewage Disposal Code of New Jersey shall be shown on the plat and certified by a licensed professional engineer.
(q)
No minor subdivision or minor site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said streets, as applicable, shall be deeded to the Township or other appropriate governmental agency.
(r)
No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter.
(s)
Deed descriptions, including metes and bounds, easements, covenants, restrictions and roadway and sight-triangle dedications, shall be submitted.
C.
Action by the Township.
(1)
Upon submission of the application to the Administrative Officer, the Administrative Officer shall preliminarily screen the material and determine its completeness relative to the details required by this chapter for minor subdivision plats or minor site plans, as the case may be. The Administrative Officer shall either determine the application to be incomplete or determine that the application is substantially complete. Should the Administrative Officer determine that the application is incomplete, the reasons for such determination shall be specified to the applicant, and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance. If the Administrative Officer determines the application to be substantially complete, the application shall be distributed for further review in accordance with Subsection A(3) hereinabove.
(2)
Within 45 days from the date of the submission of the application to the Administrative Officer, the applicant either shall be notified in writing that the application has been determined to be incomplete or shall be forwarded certification that the submission is a complete application. If the application is not deemed incomplete by the Administrative Officer in accordance with Subsection A(2) hereinabove, then the Secretary of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be, and at the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, either shall notify the applicant in writing that the application has been determined to be incomplete or shall certify that the submission is a complete application. If the application is determined to be incomplete, the reasons for such determination shall be specified to the applicant and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance. If the Secretary of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be, neither certifies to the applicant that the application is complete nor notifies the applicant in writing that the application has been determined to be incomplete, then the application shall be considered certified complete and the period for action by the Board shall commence.
(3)
The Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(4)
Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to remove any adverse effect(s) prior to further review, classification or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.
(5)
When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the county recording officer shall be signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required. In the event that the same is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval and forward the applicant a copy of the resolution adopted in accordance with § 230-77F of this chapter, setting forth the reasons for the disapproval.
(6)
Within 190 days from the date of approval by the Board of a minor subdivision, a plat map, drawn in compliance with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the county recording officer. Unless filed within 190 days, the approval shall expire and will require Board approval as in the first instance. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval by the Board, provided that the approved minor subdivision shall have been duly recorded.
(7)
Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:
(a)
Administrative Officer.
(b)
Township Engineer (two copies).
(c)
Construction Official.
(d)
Zoning Officer.
(e)
Township Tax Assessor.
(f)
File of the Planning Board or the Zoning Board of Adjustment, as the case may be (three copies).
(g)
Such other Township, county or state agencies and officials as directed by the Board.
D.
Division of farmland pursuant to N.J.S.A. 40:55D-7.
[Added 6-10-1997]
(1)
Division of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size and no new streets are created shall not be considered subdivisions within the meaning of the Municipal Land Use Law. Procedures for this type of application are as follows:
(a)
Filing. The applicant must submit 15 copies of a certified survey plat depicting the property in question and clearly showing the location of existing houses, buildings and other structures with accurate dimensions for all existing and proposed lot lines and identifying any adjacent lot(s) owned by proposed grantor(s) or grantee(s) of lots to result from the proposed division. The plan must also include Tax Map sheet, block and lot numbers and the zone district designation(s) of the lots to be divided and the acreage of all existing and proposed lots as measured to the roadway right-of-way. The applicant must submit an original and three copies of the deeds which shall effectuate the division, which deeds must meet all recording requirements set forth at N.J.S.A. 46:15-1 et seq., and include the metes and bounds descriptions drawn from the aforementioned plan. The deeds must include the language: "This division of farmland has been found by the Mantua Township Planning Board to be for agricultural purposes and exempt from subdivision review and approval pursuant to N.J.S.A. 40:55D-7," followed by signature lines for the Planning Board Chairman and Secretary. All information must be submitted at least 10 days prior to the Planning Board meeting at which the application will be considered. The Board shall not review the application until it has received a complete application and all applicable fees.
(b)
Referral. Upon receipt of the above-described materials, the Planning Board Secretary shall forward a copy of the plan and deeds to the Township Engineer and Planning Board Solicitor. The Township Engineer shall review the plan to confirm that the acreage is greater than five acres and any other necessary determinations. The Township Engineer shall also review the legal descriptions contained in the deeds to ascertain that they conform to the metes and bounds measurements as depicted on the plan. The Planning Board Solicitor shall review the form of the proposed deeds.
(c)
Hearing. At the next regular meeting to take place no less than 10 days subsequent to receipt of all of the above-referenced materials, the applicant(s) and the proposed owners for each of the proposed lots must testify as to the nature of the proposed division and answer any questions the Board's members and its officials may have. The Board shall approve the division if:
(2)
Upon approval, the Chairman and Secretary shall sign the deeds in the appropriate spaces. If the Board determines that the requirements of N.J.S.A. 40:55D-7 have not been met, it shall memorialize its findings and conclusions in a duly adopted resolution, and the applicant may make further application as may be permitted and/or required by law.
§ 230-83 Submission of preliminary major subdivision plats and preliminary major site plans.
A.
Procedure for submitting preliminary major subdivision plats and preliminary major site plans.
(1)
There shall be submitted to the Administrative Officer, at least 28 days prior to the first regularly scheduled monthly meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be, 20 copies of the preliminary plat or preliminary plan, 20 copies of the appropriate application, 20 copies of any protective covenants or deed restrictions applying to the land being subdivided or developed and a fee in accordance with Article XI of this chapter. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
(2)
Upon receipt of an application, the Administrative Officer shall preliminarily screen the material and determine its completeness relative to the details required by this chapter for preliminary major subdivision plats or preliminary major site plans, as the case may be. The Administrative Officer shall either determine the application to be incomplete or determine that the application is substantially complete. Should the Administrative Officer determine that the application is incomplete, the reasons for such determination shall be specified to the applicant and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance.
(3)
If the Administrative Officer determines the application to be substantially complete, the Administrative Officer shall retain one copy each of the preliminary plat or plan, the completed application and any applicable protective covenants or deed restrictions and shall then immediately distribute the remaining 15 copies of the preliminary plat or plan, 12 copies of the completed application and 12 copies of any applicable protective covenants or deed restrictions in the following manner, and those who receive such copies may furnish a written report to the Board prior to the next regularly scheduled meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be.
(a)
Secretary of the Planning Board or Secretary of the Zoning Board of Adjustment, as the case may be: six copies of the preliminary plat or plan and six copies of the application and any protective covenants or deed restrictions.
(b)
Gloucester County Planning Board: one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions.
(c)
Environmental Commission: one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions.
(d)
Township Planner: one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions.
(e)
Township Engineer: two copies of the preliminary plat or plan plus one copy each of the application and any protective covenants or deed restrictions.
(f)
Mantua Township Municipal Utilities Authority: one copy of the preliminary plat or plan.
(g)
Secretary of the County Board of Health: one copy of the preliminary plat or plan.
(h)
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the preliminary plat or plan shall be sent to other Township, county or state agencies and officials.
B.
Details required for preliminary major subdivision plats and preliminary major site plans. Each preliminary plat or preliminary plan shall be drawn by a professional engineer licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer. Each submission shall be at a scale of one inch equals 50 feet for a tract up to 40 acres in size, one inch equals 100 feet for a tract between 40 acres and 150 acres and one inch equals 200 feet for a tract 150 acres or more. Each submission shall be on one of the four following standard sheet sizes: 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets. Each preliminary plat or plan shall show the following information, as appropriate to a subdivision plat or site plan, unless the municipal agency determines and so notifies the applicant that such information either is unnecessary or inapplicable to the particular subdivision or development plan.
(1)
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not more than 2,000 feet.
(2)
Title block.
(a)
Name of the subdivision or development, Mantua Township, Gloucester County.
(b)
Name, address and telephone number of the subdivider or developer.
(c)
Name and address of the owner or owners of record.
(d)
Scale.
(e)
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
(3)
North arrow.
(4)
Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given his consent under an option agreement.
(6)
Acreage to the nearest tenth of an acre and a computation of the area of the tract to be disturbed.
(7)
The names and addresses of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor.
(8)
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot numbers as provided by the Township Tax Assessor upon written request.
(9)
Tract boundary line (heavy solid line).
(10)
Zoning districts, including district names and requirements.
(11)
The locations and dimensions of existing and proposed bridges and the location of natural features such as wooded areas and any extensive rock formations, both within the tract and within 200 feet of its boundaries.
(12)
Existing contours with intervals of one foot where slopes are less than 10% and five feet when 10% or more, referred to United States Geological Survey datum and to be indicated by a dashed line. Where any changes to contours are proposed, finished grades should be shown as a solid line.
(13)
The location and species associations of all individual trees or groups of trees having a caliper of eight inches or more measured three feet above the ground level shall be shown. The proposed location of all proposed plantings shall also be indicated and a legend provided listing the botanical and common names, the sizes at time of planting, the total quantity of each plant and the location of each plant keyed to the plan or plat.
(14)
All existing and proposed watercourses (including lakes and ponds) shall be shown and accompanied by the following information:
(a)
When a stream is proposed for alteration, improvement or relocation or where a drainage structure or fill is proposed over, under, in or along a running stream, a report on the status of review by the New Jersey Department of Environmental Protection, Division of Water Resources, shall accompany the submission.
(b)
Cross sections of watercourses and/or drainage swales at an approximate scale showing the extent of the floodplain, top-of-bank, normal water levels and bottom elevations at the following locations, where appropriate:
[1]
At any point where a watercourse crosses a boundary of the tract.
[2]
At one-hundred-foot intervals up to 500 feet upstream and downstream of any point of juncture of two or more watercourses within the tract.
[3]
At one-hundred-foot intervals for a distance of 500 feet upstream and downstream of any proposed and/or existing culvert or bridge within the tract.
[4]
At a maximum of one-hundred-foot intervals, but not less than two locations, along each watercourse which runs through or within 500 feet of the tract.
[5]
When ditches, streams or watercourses are to be altered, and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown.
[6]
The delineation of the floodways and flood-fringe areas of all watercourses within or adjacent to the tract.
(c)
The total acreage basin of any watercourse running through or adjacent to the tract.
(d)
The location of all drainage structures upstream and downstream of the tract, to which the tract is tributary, between the tract and the municipal boundary. Hydrologic and hydraulic computations for each of the said structures shall be provided as required by the Township Engineer.
(e)
The location and extent of drainage and conservation easements and stream encroachment lines.
(f)
The location, extent and water level evaluation of all existing or proposed lakes or ponds within the tract and within 200 feet of the tract.
(15)
Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.
(16)
Locations of all existing structures showing existing and proposed front, rear and side yard setback distances and an indication of whether the existing structures and uses will be retained or removed, both within the tract and within 200 feet of its boundary.
(17)
Size, height and location of all proposed buildings, structures, signs and lighting facilities.
(18)
All dimensions necessary to confirm conformity with this chapter, such as structure setbacks, structure heights, yards and floor area ratios.
(19)
The proposed location, direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles and luminaires.
(20)
The proposed screening, buffering and landscaping, including a landscaping plan.
(21)
The location and design of any off-street parking area, showing size and location of bays, aisles and barriers.
(22)
All means of vehicular access and egress to and from the site onto public streets, showing the site and the location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and other proposed devices necessary to prevent a difficult traffic situation.
(23)
The application shall include plans and computations for any storm drainage systems, including the following:
(a)
All existing or proposed storm sewer lines within or adjacent to the tract, showing size and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
(b)
The location and extent of any proposed groundwater recharge (retention) basins, detention basins or other water or soil conservation devices.
(24)
The location and size of existing utilities, such as water and sewer mains, gas transmission lines and high-tension power lines on the tract and within 200 feet of its boundaries.
(25)
Plans of proposed improvements and utility layouts, including sewers, storm drains and waterlines and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all Township, county and state regulations. If service will be provided by an existing utility company, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-lot water or sewage disposal is proposed, the plan for such systems shall be approved by the appropriate Township and state agencies, and the result of percolation tests and soil log data shall be submitted under conditions designated by the Township Board of Health.
(26)
Plans, typical cross sections and details, center-line profiles and tentative grades of all proposed streets and of existing streets abutting the tract, based on United States Geological Survey vertical datum or a more specified datum supplied by the Township Engineer, including curbing, sidewalks, storm drains and drainage structures. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.
(27)
A copy of any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application.
(28)
The proposed permanent monuments shall be shown, in accordance with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.).
(29)
The Board reserves the right to acquire additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and the surrounding area. Such information shall include but not be limited to drainage calculations and traffic analyses; provided, however, that no application shall be declared incomplete for the lack of such additional information.
C.
Environmental impact statement.
(1)
General provisions. The impact on the environment generated by land development projects necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site, the location of the project and the information already in the possession of the Township. Therefore, having determined that some flexibility is needed in preparing the environmental impact statement, the requirements for such a document pertaining to different types of development applications are listed below:
(a)
All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silviculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the environmental impact statement requirements.
(b)
Any variance applications to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an environmental impact statement unless specifically requested by the Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required.
(c)
Any application for subdivision approval where 10 lots or fewer are involved and all applications for minor site plan approval, either to the Planning Board or to the Zoning Board of Adjustment, as the case may be, shall not require an environmental impact statement unless specifically requested by the appropriate Board. The Planning Board or the Zoning Board of Adjustment, as the case may be, shall inform the applicant regarding any information that may be required.
(d)
All preliminary major subdivision applications consisting of more than 10 lots and all preliminary major site plan applications shall be accompanied by an environmental impact statement, unless determined by the Planning Board or the Zoning Board of Adjustment, as the case may be, to be unnecessary.
(2)
Submission procedures.
(a)
Sixteen copies of any environmental impact statement shall be submitted to the Administrative Officer. In the case of a major subdivision application consisting of more than 10 lots and major site plan applications, the environmental impact statement shall be submitted at the time of preliminary application to the Township. In the case of a variance, subdivision applications involving 10 lots or fewer and minor site plan applications, the environmental impact statement shall be submitted within 15 days after the Board has informed the applicant of the information required.
(b)
The Administrative Officer shall retain one copy of the environmental impact statement and shall distribute the remaining 15 copies in the following manner:
[1]
Environmental Commission: nine copies.
[2]
Gloucester County Planning Board: one copy.
[3]
Township Planner: one copy.
[4]
Township Engineer: one copy.
[5]
Secretary of the County Board of Health: one copy.
[6]
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the submitted environmental impact statement shall be sent to other Township, county or state agencies and officials.
(3)
Submission format. When an environmental impact statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts shall also be considered. Furthermore, as much original research as necessary shall be conducted to develop the environmental impact statement. All environmental impact statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:
(a)
Project description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:
(b)
Site description and inventory. A description of environmental conditions on the site shall be provided, which shall include the following items:
[1]
Types of soils. List and describe each soil type on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations relative to the type of project proposed, a complete mapping of all soil types where the moderate and severe limitations exist.
[2]
Topography. Describe the topographic conditions on the site.
[3]
Geology. Describe the geologic formations and features associated with the site. Delineate those areas where bedrock is within two feet of the surface, as well as major rock outcroppings.
[4]
Vegetation. Describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings, such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated.
[5]
Wildlife. Identify and describe any unique habitats of endangered or protected species.
[6]
Surface and subsurface water. Describe the surface and subsurface water conditions on the site, both in terms of depth to groundwater and water supply capabilities. The location, depth, capacity and water quality of all existing water wells on the site and within 500 feet of the site shall be indicated.
[7]
Distinctive scenic and/or historic features. Describe and map those portions of the site that can be considered to have distinctive scenic and/or historic qualities.
[8]
Existing development features. Describe any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, driveway accesses, housing units, accessory structures, utility lines, etc.
[9]
Miscellaneous. When warranted, an analysis should be conducted of existing air quality and noise levels as prescribed by the New Jersey State Department of Environmental Protection.
(c)
Impact. Discuss both the negative and positive impacts during and after construction. Indicate those negative impacts that are unavoidable. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where possible and necessary:
[1]
Soil erosion and sedimentation resulting from surface runoff.
[2]
Flooding and floodplain disruption.
[3]
Degradation of surface water quality.
[4]
Groundwater pollution.
[5]
Reduction of groundwater capabilities.
[6]
Sewage disposal.
[7]
Solid waste disposal.
[8]
Vegetation destruction.
[9]
Disruption of wildlife habitats of endangered and protected species.
[10]
Destruction or degradation of scenic and historic features.
(d)
Environmental performance controls. Describe what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts that could result from the proposed project. Of specific interest are:
[1]
Drainage plans which shall include soil erosion and sedimentation controls.
[2]
Sewage disposal techniques.
[3]
Water supply and water conservation proposals.
[4]
Energy conservation measures.
[5]
Noise reduction techniques.
[6]
Solid and liquid waste disposal plans.
[7]
Vegetation and wildlife preservation.
(e)
Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Township, as well as agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
(f)
Documentation. All publications, file reports, manuscripts or other written sources of information which were first consulted and employed in compilation of the environmental impact statement shall be listed. A list of all agencies and individuals from whom all pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
(4)
Disposition by the Board. The Board shall review the information furnished in the environmental impact statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help ensure that the proposed development will cause no reasonably avoidable damage to any environmental resource.
D.
Action by the Township.
(1)
Upon submission of the application to the Administrative Officer, the Administrative Officer shall preliminarily screen the material and determine its completeness relative to the details required by this chapter for preliminary major subdivisions or preliminary major site plans, as the case may be. The Administrative Officer shall either determine the application to be incomplete or determine that the application is substantially complete. Should the Administrative Officer determine that the application is incomplete, the reasons for such determination shall be specified to the applicant and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance. If the Administrative Officer determines the application to be substantially complete, the application shall be distributed for further review in accordance with Subsection A(3) hereinabove.
(2)
Within 45 days from the date of the submission of the application to the Administrative Officer, the applicant either shall be notified in writing that the application has been determined to be incomplete or shall be forwarded certification that the submission is a complete application. If the application is not deemed incomplete by the Administrative Officer in accordance with Subsection A(2) hereinabove, then the Secretary of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be, and at the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, either shall notify the applicant in writing that the application has been determined to be incomplete or shall certify that the submission is a complete application. If the application is determined to be incomplete, the reasons for such determination shall be specified to the applicant and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance. If the Secretary of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be, neither certifies to the applicant that the application is complete nor notifies the applicant in writing that the application has been determined incomplete, then the application shall be considered certified complete and the period for action by the Board shall commence.
(3)
The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or fewer and 10 dwelling units or fewer and/or a preliminary major subdivision application involving 10 lots or fewer within 45 days after the application has been certified complete by the Secretary of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be, or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary application, including a request for variance relief pursuant to § 230-80A of this chapter, shall be acted upon within 95 days or within such further time as may be consented to by the applicant.
(4)
The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete by the Secretary of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be, or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(5)
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application as prescribed in Subsection D(2) and (3) hereinabove, unless said preliminary site plan and/or preliminary subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a use variance, in accordance with § 230-73A(4) of this chapter, in which case the Zoning Board of Adjustment shall act on all aspects of the application within 120 days after the application has been certified complete by the Secretary of the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(6)
Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to mitigate any adverse effect(s) prior to further review, classification or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect.
(7)
In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Article VIII of this chapter pursuant to N.J.S.A. 40:55D-65c.
(b)
That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are adequate.
(c)
That provision, through the physical design of the proposed development, for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(d)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(e)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
(8)
All hearings held on applications for preliminary major subdivision and site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing. (See § 230-77D.)
[Amended 2-11-1997]
(9)
The recommendation of those agencies and officials to whom the preliminary plat or plan was forwarded shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.
(10)
Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval, subject to specified conditions and receipt of revised plans, within 30 days from the date of said approval. Should major revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.
(11)
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 230-77F of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.
E.
Effect of preliminary approval.
(1)
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:
(a)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements.
(b)
That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plat or plan.
(c)
That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
(2)
Extensions.
(a)
In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in Subsection E(1) hereinabove for such period of time longer than three years as shall be determined by the Board to be reasonable, taking into consideration:
(b)
The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking the following into consideration, provided that, if the design standards have been revised by ordinance, such revised standards may govern:
§ 230-84 Submission of final major subdivision plats and final major site plans.
A.
Procedure for submitting final plats and final plans.
(1)
A final plat or final plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer, 28 days prior to the first regularly scheduled meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be, 20 copies of the final major subdivision plat or final major site plan, 20 copies of the appropriate application and a fee in accordance with Article XI of this chapter.
(2)
Upon receipt of an application, the Administrative Officer shall preliminarily screen the material and determine its completeness relative to the details required by this chapter for final major subdivision plats or final major site plans, as the case may be. The Administrative Officer shall either determine the application to be incomplete or determine that the application is substantially complete. Should the Administrative Officer determine that the application is incomplete, the reasons for such determination shall be specified to the applicant, and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance.
(3)
If the Administrative Officer determines the application to be substantially complete, the Administrative Officer shall retain one copy each of the final plat or plan and the completed application and shall then immediately distribute the remaining 15 copies of the final plat or plan and 12 copies of the completed application in the following manner, and those who receive such copies may furnish a written report to the Board prior to the next regularly scheduled meeting of the Planning Board or the Zoning Board of Adjustment, as the case may be:
(a)
Secretary of the Planning Board or Secretary of the Zoning Board of Adjustment, as the case may be: six copies of the final plat or plan and six copies of the application.
(b)
Gloucester County Planning Board: one copy each of the final plat or plan and the application.
(c)
Environmental Commission: one copy each of the final plat or plan and the application.
(d)
Township Planner: one copy each of the final plat or plan and the application.
(e)
Township Engineer: two copies each of the final plat or plan and the application.
(f)
Mantua Township Municipal Utilities Authority: one copy of the final plat or plan.
(g)
Secretary of the County Board of Health: one copy of the final plat or plan.
(h)
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the final plat or plan shall be sent to other Township, county or state agencies and officials.
B.
Details required for final major subdivision plats and final major site plans.
(2)
All additional details required at the time of preliminary approval shall be submitted.
(3)
A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons, such as parking spaces, building coverage, lot coverage, open space areas and number of lots.
(4)
Detailed architectural and engineering data, including:
(a)
An architect's isometric design or perspective, as required by the Board, of each building and sign or a typical building and sign showing front, side and rear elevations.
(b)
Cross sections, profiles and established grades of all streets, aisles, lanes and driveways.
(c)
Plans and profiles of all storm and sanitary sewers and water mains.
(d)
All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 5,000, and the dimensions of all lot lines to within one to 10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart, and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to United States Geological Survey bench marks with the data on the plat as to how the bearings were determined.
(5)
The final submission shall be accompanied by the following documents:
(a)
Certificate from the Township Tax Collector that all taxes are paid up to date.
(b)
Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company and of any other company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The designing engineer(s) shall certify to the Board that the existing cross section(s) and profile(s) have been run in the field, and the field notes shall be forwarded to the Township Engineer.
(d)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 230-88 of this chapter and that such improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty.
C.
Action by the Township.
(1)
Upon submission of the application to the Administrative Officer, the Administrative Officer shall preliminarily screen the material and determine its completeness relative to the details required by this chapter for final major subdivision plats or final major site plans, as the case may be. The Administrative Officer shall either determine the application to be incomplete or determine that the application is substantially complete. Should the Administrative Officer determine that the application is incomplete, the reasons for such determination shall be specified to the applicant, and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance. If the Administrative Officer determines the application to be substantially complete, the application shall be distributed for further review in accordance with Subsection A(3) hereinabove.
(2)
Within 45 days from the date of submission of the application to the Administrative Officer, the applicant either shall be notified in writing that the application has been determined to be incomplete or shall be forwarded certification that the submission is a complete application. If the application is not deemed incomplete by the Administrative Officer in accordance with § 230-83A(2) hereinabove, then the Secretary of the Planning Board or the Zoning Board of Adjustment, as the case may be, and at the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, either shall notify the applicant in writing that the application has been determined to be incomplete or shall certify that the submission is a complete application. If the application is determined to be incomplete, the reasons for such determination shall be specified to the applicant, and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance. If the Secretary of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be, neither certifies to the applicant that the application is complete nor notifies the applicant in writing that the application has been determined to be incomplete, then the application shall be considered complete, and the period for action by the Board shall commence.
(3)
The Board shall take action on final site plan and final subdivision applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
(4)
The recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approves the final submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the final plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 paper copies of the plat or plan, with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Additionally, in the case of final subdivisions only, the applicant shall include one cloth copy and at least two Mylar copies of the approved plat in addition to the 10 paper copies.
(5)
After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 230-77F of this chapter:
(a)
Administrative Officer: one paper copy and, if applicable, one Mylar and one cloth copy.
(b)
Township Engineer: two paper copies.
(c)
Construction Official: one paper copy.
(d)
Zoning Officer: one paper copy.
(e)
Township Tax Assessor: one paper copy.
(f)
The applicant: one paper copy and, if applicable, one Mylar copy.
(g)
Such other Township, county or state agencies and officials as directed by the Board.
(6)
Within 95 days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of same with the Gloucester County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days.
(7)
If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Secretary of the Board, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution, setting forth the reasons for the disapproval.
D.
Effect of final approval.
(1)
Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date of final approval:
(a)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
(b)
If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.
(2)
Extensions.
(a)
In the case of a subdivision or site plan for a planned unit development, planned residential development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in Subsection D(1) hereinabove for such period of time longer than two years as shall be determined by the Board to be reasonable, taking into consideration:
(b)
The developer may apply thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:
§ 230-85 Compliance and time limitations for certain approvals.
A.
Compliance. All applicable requirements shall be met at the first time of erection, enlargement, alterations, moving or change in use of a structure and shall apply to the entire structure or structures, whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.
B.
Time limit on variances.
(1)
Applicable time limit. Any variance granted by a municipal agency of the Township pursuant to N.J.S.A. 40:55D-70c or d, or its successors, shall expire and become null and void one year from the date such variance is granted if no construction, alteration or conversion of the property for which the variance was given has been commenced within that one-year period of time; provided, however, that in the event that such variance is approved in conjunction with a subdivision or site plan approval, then such variance shall not expire and become null and void until three years after the preliminary approval for such site plan and/or subdivision is granted and any approved extensions thereof or, if final approval is granted for such development, two years from the date of the final approval and any approved extensions thereof.
(2)
Varying time periods. Nothing herein contained shall be construed as preventing the applicable municipal agency from specifying a shorter or longer period of time than the time set pursuant to Subsection B(1) above in which any specific condition must be fulfilled or from granting upon a written application an extension of time for good cause shown to complete such condition. In determining whether to increase or decrease such period of time or to grant the extension, the applicable municipal agency shall consider the complexity of the type of development for which the conditional approval was given, whether the development is to be constructed in stages, economic conditions, the comprehensiveness of the development and other factors which legally may be relevant to the decision.
C.
Conditional approvals.
(1)
Conditions precedent. Whenever any application for development, including but not limited to a site plan, subdivision, use or bulk variance, conditional use or waiver, is approved but is made subject to specified conditions, then such conditional approval shall lapse and become null and void unless each of the specified conditions is fulfilled within 190 days from the date on which the conditional approval is granted and memorialized by written resolution.
(2)
Certification of compliance. The developer shall certify in writing to the Township that each condition of the approval has been satisfied within the time periods provided for herein or as may otherwise be determined pursuant to Subsection C(4) below. The municipal agency shall verify the completion of such conditions in an appropriate manner. Only upon receipt of such written certification that all conditions have been satisfied and verification thereof shall the appropriate municipal officials sign off on any subdivision map or deed or site plan or issue any building permit, certificate of occupancy or zoning permit.
(3)
Conditions subsequent. Notwithstanding Subsection C(1) above, whenever any application for development is approved subject to a condition which by its terms is incapable of being fulfilled within the time period otherwise provided for herein and such performance is not guaranteed by bonds or surety of any type, then such condition must be satisfied before any building permit, certificate of occupancy or other approval is issued. Failure to fulfill any such condition shall be grounds for the issuance of a stop-work order by the proper municipal official and/or the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled.
(4)
Varying time periods. Nothing herein contained shall be construed as preventing the applicable municipal agency from specifying a shorter or longer period of time than 190 days in which any specific condition must be fulfilled or from granting upon a written application an extension of time for good cause shown to complete any such condition. In determining whether to increase or decrease such period of time or to grant the extension, the applicable municipal agency shall consider the complexity of the type of development in which the conditional approval was given, whether the development is to be constructed in stages, economic conditions, the comprehensiveness of the development and other factors which legally may be relevant to the decision.
§ 230-86 Optional Phase I preliminary approval for planned developments.
A.
Applicability. In order to provide flexibility in the review of large planned developments within Mantua Township, this section prescribes requirements and procedures for a Phase I preliminary approval of permitted planned developments which exceed 50 acres in area. An applicant is not required to submit a plan for Phase I preliminary review and approval in accordance with the provisions in this section but, instead, may immediately proceed to the preliminary review process as specified in § 230-83 of this chapter.
B.
Details required for Phase I preliminary approval. The details specified for preliminary site plan submissions in § 230-83B(1) through B(12) of this chapter shall be required for Phase I preliminary submissions. Additionally, the following information shall be submitted:
(1)
A land use plan shall be submitted, indicating the tract area and the specific land areas to be devoted to the proposed land uses. Each particular residential land area shall be documented as to acreage, the type of residential dwelling unit proposed and the number of dwelling units of each type to be situated within the defined areas. If permitted commercial uses are intended, the proposed floor area shall be indicated within a defined area and the floor area ratio shall be stipulated. Sufficient detail of information shall be provided to ascertain conformity with the land use, density and area and yard requirements specified in this chapter for the proposed planned development.
(2)
A traffic circulation plan shall be submitted, indicating all existing and proposed arterial and collector roads, typical road cross sections and critical elevations and grades. The plan shall indicate how the overall collector road network relates to the terrain, the overall design of the planned development and the road network of the municipality and neighboring municipalities. Additionally, the following shall be provided:
(a)
Projected peak-hour traffic volumes on arterial and collector roads at the time of completion of each proposed section of development and at the time of completion of ultimate development of the project, including both internal and adjacent external volumes.
(b)
Peak-hour volume capacity relationship or level of service at ultimate development on major collector and arterial roads.
(c)
Projected peak-hour turning movements at ultimate development for all major intersections, both internally and adjacent to the project.
(d)
A description of any off-tract road or intersection improvements necessitated by the planned development and a general schedule for their implementation.
(e)
A description of appropriate mass transit opportunities within and to the planned development.
(3)
An open space, common open space, recreation and public facility plan shall be submitted, indicating the major areas to be devoted to open space, common open space and recreational uses, and a description of the intended improvements to be constructed, as well as any proposed public facilities. The intended ownership, operation and maintenance of the proposed areas, improvements and facilities shall be described.
(4)
A drainage plan shall be submitted, indicating the proposed method of controlling and draining surficial water on and from the site and including supportive calculations. Additionally, a conceptual description of the intended soil erosion and sediment control plan shall be submitted. Moreover, the following information shall be provided:
(a)
The alignment, general grades and basic design of the major elements of the collection system to confirm the feasibility of handling the anticipated runoff from all areas within the proposed development.
(b)
The flood elevations along the major drainage channels, indicating the anticipated flood levels for both twenty-five- and fifty-year storms.
(c)
The general grades of surrounding land areas.
(d)
A description of any off-tract drainage improvements necessitated by the proposed development and a general schedule for their implementation, coordinated with the staging plan required hereinbelow.
(5)
A utility plan shall be submitted, indicating existing and proposed sewer and water lines, pump stations, wells and sewage treatment plants and connections to electric, gas and telephone facilities. Additionally, the following information shall be provided:
(a)
The alignment, general grades and basic designs of the major elements of the sanitary sewer collection system and documentation from the appropriate agency to confirm the feasibility of adequately serving the proposed development.
(b)
The alignment and basic design of the major elements of the water distribution system and documentation from the appropriate agency to confirm the feasibility of providing potable water supply to all areas of the proposed development.
(6)
An environmental impact statement shall be submitted as stipulated in § 230-83C of this chapter for the purposes indicated in § 230-83C(4).
(7)
A staging plan shall be submitted where the planned development is intended to be developed over a number of years, indicating the areas to be developed in each stage and the proposed sequence of development of the stages. The eventual development of each stage shall be specifically related to the land use plan, traffic circulation plan, drainage plan and open space, common open space, recreation and public facility plan to ensure that a reasonable balance of the different components of the proposed development are maintained in each stage.
(8)
A community benefit analysis shall be submitted, indicating the relative estimated municipal costs, services and revenues anticipated as a result of the proposed development for Mantua Township, Gloucester County and the school district. Additionally, the expected demographic profile of the estimated population of the proposed development shall be submitted. Finally, the analysis shall set forth the adequacy or inadequacy of current public services and facilities (police, fire, library, first aid, solid waste disposal and schools) in relation to the probable population.
C.
Review and action by the Township. The procedure for submitting Phase I preliminary plans shall be as provided for preliminary site plans in § 230-83A of this chapter. The Township shall take action on the submitted Phase I preliminary plan as provided for preliminary site plans in § 230-83D of this chapter.
D.
Effect of Phase I preliminary approval. Phase I preliminary approval shall confer upon the applicant the following rights for a period of time determined by the Planning Board in accordance with § 230-83E(2) of this chapter:
(1)
That the submitted land use plan shall not be changed with reference to the proposed total number of dwelling units within the planned development, the proposed number and type of dwelling units within each designated residential area and the gross floor area within any designated commercial areas; provided, however, that the densities and floor areas so established shall be maximums, shall not be guaranteed and, in each case, shall comply with the applicable ordinances of Mantua Township at the time of preliminary site plan approval. Such densities and floor areas shall be subject, in all cases, to further review at the preliminary and final site plan approval stages.
(2)
That the location and general specifications for the proposed arterial and collector roads shall not be changed.
(3)
That no lands receiving Phase I preliminary approval for a planned development shall be conveyed unless the seller certifies that he has informed the buyer of and the buyer certifies to the Township that he is aware of all requirements and provisions of the approved Phase I preliminary plan and that all parties agree to be bound by all such requirements and provisions.
(4)
That preliminary application for a site plan of the entire planned development or a stage or stages of the planned development in accordance with Subsection B(7) hereinabove may be submitted for review and approval by the Planning Board in accordance with § 230-83 of this chapter within the time period specified by the Planning Board in accordance with § 230-83E(2) of this chapter.