Maurice River City Zoning Code
ARTICLE 35
13 Development Review Procedures
§ 35-13.1 SUBDIVISION AND SITE PLAN REVIEW REQUIRED.
[Ord. No. 594]
A.
All subdivision and/or resubdivision of land within the Township, as defined in Section 35-3.3 of this chapter, shall be reviewed by the Land Use Board in accordance with the provisions of this chapter.
B.
Except as otherwise provided, no zoning or construction permit shall be issued for any building or use or any enlargement or alteration of any building or use unless a site plan for said building or use is first submitted to and approved by the Land Use Board of the Township, and no certificate of occupancy shall be given or remain valid unless all construction and site utilization conforms to an approved site plan. This requirement shall pertain to all uses and structures in all zoning districts, except that:
1.
Site plans shall not be required for: any single-family dwelling; for permitted accessory uses to a single-family dwelling such as a private garage or swimming pool, home occupations, except for Village Commercial Home Occupations; a farm or any permitted accessory use thereto such as barn, silo, storage shed or related structure.
2.
Site plan review and approval will not be required in connection with the alteration and repair of an existing structure or use, when the Zoning Officer determines that the alteration or repair:
§ 35-13.2 APPLICATION PROCEDURES.
[Ord. No. 594]
A.
Any applicant for subdivision or site plan review and approval shall obtain all necessary forms and checklists as per Section 35-13.19 of this chapter from the Land Use Board Administrative Officer. Said Officer shall inform the applicant of the steps to be taken in securing Land Use Board action and of the regular meeting dates of the Board. Except as otherwise provided in Section 35-13.1B of this chapter, an applicant seeking subdivision or site plan approval shall, with the knowledge of the Zoning Officer, submit fifteen (15) copies of all plans, together with a completed application form and the appropriate checklists for the type(s) of development proposed as required by Section 35-13.19 herein, to the Land Use Board Administrative Officer at least twenty-one (21) days prior to a regularly scheduled Land Use Board meeting.
B.
The Land Use Board shall determine, on the basis of advice from the Board's administrative officer and its professional staff and/or the Township Engineer as detailed herein below, that the application is complete and properly submitted as of that date, or that the application is incomplete, as provided in N.J.S.A. 40:55D-10.3, in which latter case the applicant shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within forty-five (45) days of the applicant's initial submission as to the additional information or materials required. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within forty-five (45) days.
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 are reasonably necessary to make an informed decision as to whether the requirements have been met. The application shall not be deemed incomplete for lack of any such additional information or any revision in the accompanying documents so required by the Board.
1.
Administrative determination of preliminary completeness. The administrative officer shall make a determination of preliminary completeness prior to listing any matter on the agenda for a meeting of the Board. In the event that the administrative officer determines that the application is not complete, the administrative officer shall so advise the applicant in writing, indicating the items which the administrative officer has found to be lacking. The failure of the administrative officer to have mentioned an item to an applicant shall not preclude the Board from finding an application incomplete. Only the Board shall have the authority to make final determinations of completeness and shall make a determination of completeness prior to hearing any application.
2.
Advance filing requirement. Any applicant for which a hearing is required shall receive a determination of preliminary completeness at least ten (10) days prior to the meeting date, and the completeness of the application shall be determined as of that date. If the application is not determined to be preliminarily complete as of that date, the application shall not be placed on the agenda for the meeting unless the applicant has requested waivers as to the items which are incomplete, and included in any public notice the request for waivers. In such case, the request for waivers shall be placed on the agenda if the application is otherwise determined to be preliminarily complete, and if the Board approves the waivers and otherwise finds the application complete, the application may be heard at that meeting.
§ 35-13.3 INITIAL APPROVALS.
A.
Minor subdivision or site plan.
1.
Application for minor subdivisions and site plans for conventional developments as defined in Section 35-3.3 of this chapter shall not be subject to a public hearing provided that a conditional use or zoning variance request is not involved in connection with said application(s). All site plans not deemed "minor" by the Land Use Board based on the provisions of Section 35-3.3 of this chapter shall require a public hearing with notice as set forth in Section 35-13.14 of this chapter.
2.
Final approval of a minor subdivision and preliminary approval in the case of a site plan which involves ten (10) acres of land or less, and ten (10) dwelling units or less, shall be granted or denied within forty-five (45) days from the date the application for said minor subdivision or site plan is determined to be completed or within such time as may be consented to by the applicant.
3.
In granting final approval to a minor subdivision or site plan, the Land Use Board may condition such approval on terms ensuring the provisions of improvements pursuant to the provisions of Article 35-11 and Article 35-12 of this chapter as deemed applicable by the Board. In approving an application, the Land Use Board may impose any modifications or conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety and general welfare.
4.
Approval of a minor subdivision shall expire one hundred ninety (190) days from the date the Land Use Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the approved minor subdivision, is filed by the applicant with the County Clerk, the Municipal Engineer and the Municipal Tax Assessor. Copies filed with the Municipal Engineer and Tax Assessor must show proof of filing with the County Clerk. Any such plat or deed must be signed by the Chairman and Secretary of the Township Land Use Board before it will be accepted for filing by the County Clerk.
The Land Use Board may extend the one hundred ninety (190) day period for filing a minor subdivision plat or deed pursuant to this section if the developer proves to the reasonable satisfaction of the Land Use Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Land Use Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
5.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or site plan approval was granted, shall not be changed for a period of two (2) years after the date of minor subdivision or site plan approval, provided however that in the case of a minor subdivision the approved minor subdivision shall have been duly recorded as required in Subsection A4 above. Extensions of said period may be granted by the Land Use Board in accordance with the provisions of N.J.S.A. 40:55D-46.1c for minor site plans and 40:55D-47g for minor subdivisions.
B.
Major subdivision; site plans for conventional developments which involve more than ten (10) acres or more than ten (10) dwelling units; and planned developments.
1.
Preliminary applications for major subdivision, site plans for conventional developments which involve more than ten (10) acres or more than ten (10) dwelling units, or any planned development shall be subject to public hearing after notice properly given by the applicant as provided in Section 35-13.14 of this chapter, and preliminary approval shall be granted or denied within ninety-five (95) days from the date an application is determined to be complete or within such further time as may be consented to by the developer. Otherwise, the Land Use Board shall be deemed to have granted preliminary approval of the subdivision plat or site plan, except in the case of those applications subject to the provisions of Section 35-13.4 of this chapter, and a certificate of the administrative officer as to the failure of the Land Use Board to act shall be issued on request of the applicant.
2.
In the case of any planned development as permitted by this chapter, the Land Use Board shall find prior to the approval of such planned development the following facts and conclusions:
a.
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the standards of this chapter;
b.
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate;
c.
That provisions through the physical design of the proposed 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 the residents, occupants and owners of the proposed development in the total completion of the development are adequate;
3.
In the event that preliminary approval of such subdivision or site plan is denied because of failure to comply with municipal or regional development regulations, a notation to that effect, together with the signature of the administrative officer of the Land Use Board, shall be placed on the plat or plan, and reasons for the denial shall be stated in the denial resolution.
4.
Preliminary approval of a major subdivision, site plan or planned development shall be granted by resolution, which shall set forth any conditions that must be met, including design standards and improvements required by Article 35-11, required performance guaranties as set forth in Article 35-12, and plat or plan changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat or plan, said notation to clearly state that preliminary approval does not authorize recording in the case of a subdivision, nor the issuance of a zoning or construction permit in the case of a site plan, together with the signature of the Chairman and Secretary of the Township Land Use Board.
5.
Preliminary approval of a subdivision plat or site plan shall confer upon the applicant the following rights:
a.
That the general terms and conditions on which approval were granted shall not be changed for a three (3) year period from the date of preliminary approval, unless modified by ordinance with respect to public health or public safety objectives pursuant to N.J.S.A. 40:55D-49a.
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 preliminary subdivision or site plan.
c.
That the applicant may apply for and the Land Use Board may grant extensions on such preliminary approval for additional periods of at least one (1) year, but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern as provided in N.J.S.A. 40:55D-49c.
d.
In the case of a subdivision of or site plan for an area of fifty (50) acres or more the Land Use Board may grant the rights referred to in Subsections B5a, B5b and B5c of this Section for such period of time, longer than three (3) years, as provided for in N.J.S.A. 40:55D-49d.
6.
That the Land Use Board may grant extensions of said preliminary approval pursuant to Subsections B5c and B5d of this Section subject to the provisions of N.J.S.A. 40:55D-49e and f.
§ 35-13.4 FINAL APPROVALS OF SITE PLANS, MAJOR SUBDIVISION AND PLANNED DEVELOPMENTS.
A.
Except as otherwise provided in Section 35-13.7E of this chapter, a developer seeking final approval of a major subdivision, site plan or planned development shall, with the knowledge of the zoning administrative officer, submit six (6) paper prints of the final plan, together with original and processed tracings as required by the Map Filing Law in the case of subdivisions, along with a completed application form, to the Land Use Board administrative officer at least ten (10) days prior to a regularly scheduled Land Use Board meeting.
B.
The Land Use Board, at its next regularly scheduled meeting, shall determine, on the basis of advice from the Board's administrative officer and its professional staff and/or the Township Engineer, that the application is complete and properly submitted as of that date, or that the application is incomplete, as provided in N.J.S.A. 40:55D-10.3, in which latter case the applicant shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within forty-five (45) days of the applicant's initial submission as to the additional information or materials required. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within forty-five (45) days.
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 are reasonably necessary to make an informed decision as to whether the requirements have been met. The application shall not be deemed incomplete for lack of any such additional information or any revision in the accompanying documents so required by the Board.
C.
Final approval of a major subdivision, site plan or planned development shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with including the conditions of Section 35-13.3B2 of this chapter, as applicable, with respect to a planned development. Annotation indicating approval shall be placed on each plat or plan, together with the signatures of the Chairman and the Secretary of the Land Use Board.
D.
An application for final approval shall be granted or denied within forty-five (45) days from the date it is determined to be complete or within such further time as may be consented to by the applicant. Otherwise, the Land Use Board shall be deemed to have granted final approval, and a certificate of the Land Use Board administrative officer as to the failure of the Land Use Board to act shall be issued on request of the applicant.
E.
Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing the plat unless within such period the plat shall have been duly filed by the developer with the County Clerk. The Land Use Board, for good cause shown, may extend the period of recording for an additional period, not to exceed one hundred ninety (190) days from the date of the signing of the plat. The Land Use Board may extend the ninety five (95) or one hundred ninety (190) days as provided by N.J.S.A. 40:55D-54.
F.
The Land Use Board is authorized pursuant to N.J.S.A. 40:55D-51 to grant exceptions from the requirements for subdivision or site plan approval and to simultaneously review and approval or deny conditional uses or site plans with review of subdivision approval.
G.
Final approval of a major subdivision, site plan or planned development shall confer upon the developer the following rights:
1.
Zoning requirements applicable to the preliminary approval first granted and all rights conferred upon the developer as set forth in Section 35-13.3B4, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval, provided that in the case of a major subdivision the rights conferred by this Section shall expire if the plat has not been duly recorded in accordance with the expiration provisions set forth in Section 35-13.4E. If the developer has followed the standards prescribed for final approval, and in the case of a major subdivision has duly recorded the plat as required herein, the Land Use Board may extend for such period of protection for extensions of one (1) year, but not to exceed three (3) such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Section 35-13.3B4 for any portions granted final approval.
2.
In the case of a subdivision or site plan for a planned development or residential cluster of fifty (50) acres or more, or a conventional subdivision or site plan of one hundred fifty (150) acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Land Use Board may extend the period of protection granted under Section 35-13.4G1 as provided in N.J.S.A. 40:55D-52.
§ 35-13.5 GENERAL DEVELOPMENT PLAN.
A.
Any developer of a parcel of land greater than one hundred (100) acres in size for which the developer is seeking approval of a planned development pursuant to the provisions of this chapter, may submit a general development plan to the Land Use Board prior to the granting of preliminary approval of that development by the Land Use Board as provided in Section 35-13.3 of this chapter.
B.
The Land Use Board shall grant or deny general development plan approval within ninety five (95) days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period prescribed shall constitute general development plan approval of the planned development.
C.
A general development plan shall contain all information provided in Section 35-13.11H of this chapter and shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ration for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Land Use Board notwithstanding any provisions of N.J.S.A. 40:55D-1 et seq. or any ordinance or regulation adopted pursuant thereto after the effective date of the approval.
D.
The term of effect of the general development plan approval shall be determined by the Land Use Board using the guidelines set forth in Subsection E below, except that the term of the effect of the approval shall not exceed twenty (20) years from the date upon which the developer receives final approval of the first section of the planned development pursuant to N.J.S.A. 40:55D-1 et seq.
E.
In making its determination regarding the duration of the effect of approval of the development plan, the Land Use Board shall consider: the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the Land Use Board attaches to the approval thereof.
F.
In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Land Use Board. The Land Use Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the Township and the region, and the availability and capacity of public facilities to accommodate the proposed development.
1.
Except as provided hereunder, the developer shall be required to gain the prior approval of the Land Use Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.
2.
Any variation in the location of land uses or increase in density or floor area ratio approval in reaction to a negative decision of, or condition of development approval imposed by, the Pinelands Commission pursuant to N.J.S.A. 13:18A-1 et seq. or the Department of Environmental Protection pursuant to N.J.S.A. 13:19-1 et seq. shall be approved by the Land Use Board if the developer can demonstrate to the satisfaction of the Land Use Board, that the variation being proposed is a direct result of such determination by the Pinelands Commission or the Department of Environmental Protection, as the case may be.
G.
Except as provided hereunder, once the general development plan has been approved by the Land Use Board, it may be amended or revised only upon application by the developer approved by the Land Use Board or a developer, without violating the terms of approval pursuant to this chapter, may, in undertaking any section of the planned development, reduce the number of residential units or amount of nonresidential floor space by no more than fifteen percent (15%) or reduce the residential density or nonresidential floor area ratio by no more than fifteen percent (15%); provided, however, that a developer may not reduce the number of residential units to be provided pursuant to N.J.S.A. 52:27D-301 et al. without prior Township approval.
H.
The Land Use Board shall in accordance with the provisions of N.J.S.A. 40:55D-45.7 certify completions of each section of a general development plan, determine any general development failure to complete or comply, or determine the termination of a general development plan approval.
I.
In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this Section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.
§ 35-13.6 CONDITIONAL USES.
[Ord. No. 594]
A.
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Township and, at the same time, recognizing that such uses may be or may become harmful to the public health, safety and general welfare, if located or operated without proper consideration of existing conditions and character of the surrounding properties, such uses are hereby designated "conditional uses" and listed as such under the appropriate zone district contained in the Schedule of District Regulations. In addition to other powers conferred by this chapter, the Land Use Board shall have the power to authorize the granting of a permit for a conditional use after site plan approval and determination that no detrimental environmental impact will result from the conditional use, under terms and conditions established and set forth in this chapter and in accordance with the following general stipulations and guidelines:
1.
The use for which application is being made is specifically authorized as a conditional use in the Schedule of District Regulations for the district in which it is proposed.
2.
The design, arrangement and nature of the particular use is such that the public health, safety and general welfare will be protected.
3.
That reasonable consideration is afforded the character of the neighborhood and the district, the conservation of property values, the avoidance of congestion of vehicular traffic and the avoidance of any unnecessary hazards.
4.
That the proposed use conforms to any special regulations set forth in this chapter for the specific use proposed.
B.
Fifteen (15) copies of an application for a conditional use permit along with site plans of the proposed conditional use as required by Section 35-13.6B2 of this chapter, shall be submitted in accordance with the provisions of Sections 35-13.3 and 35-13.4 of this Article.
1.
Within ninety-five (95) days from the date said application is determined complete, the Land Use Board shall, by resolution, either approval or disapproval of the application. Failure of the Land Use Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Land Use Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Clerk for purposes of filing subdivision plats. A conditional use shall require a public hearing and proper noticing of adjoining property in the manner prescribed by the New Jersey Municipal Land Use Law, as currently amended, prior to the Land Use Board determining whether or not to grant the conditional use.
2.
In reviewing an application for a conditional use permit, said review shall include site plan review as provided in accordance with Section 35-13.1 of this Article. The Land Use Board shall review applications, including the site plans, in accordance with all standards and regulations of this chapter and as to conformity with the goals, objectives and policies of any adopted Master Plan.
3.
In approving an application, the Land Use Board may impose any modifications or conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety and general welfare of the public.
4.
The Land Use Board shall notify the Zoning Officer, in writing, as to its decision and any special conditions imposed in connection with the approval actions.
5.
The Zoning Officer shall approve or deny applications for conditional use permits in accordance with Land Use Board action. All conditional use permits shall be issued only in accordance with applicable conditions contained in this chapter or imposed by the Land Use Board. The Land Use Board administrative officer shall transmit one (1) copy of all approved and denied applications to the Township Tax Assessor, Zoning Officer, Construction Code Official and Township Engineer.
§ 35-13.7 ZONING APPEALS AND APPLICATIONS.
A.
Appeals to the Land Use Board may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the Zoning Officer. Each appeal shall be taken within the sixty-five (65) day period prescribed by filing a notice of appeal with the officer from whom the appeal is taken together with three (3) copies of said notice with the administrative officer of the Land Use Board. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Land Use Board all papers constituting the record upon which the action appealed from was taken.
B.
Filing.
1.
Applications addressed to the original jurisdiction of the Land Use Board without prior application to an administrative officer shall be filed with the administrative officer of the Land Use Board. Eleven (11) copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than fifteen (15) days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Land Use Board. The applicant shall obtain all necessary forms from the Secretary of the Land Use Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
2.
If the applicant is a corporation or partnership, said applicant shall list the names and addresses of all stockholders or individual partners owning at least ten percent (10%) of its stock of any class or at least ten percent (10%) of the interest of a partnership, as may be the case, as required by N.J.S.A. 40:55D-48.1.
3.
If a corporation or partnership owns ten percent (10%) or more of the stock of a corporation or ten percent (10%) or greater interest in a partnership, subject to a disclosure as set forth above, that corporation or partnership shall list the names and addresses of its stockholders holding ten percent (10%) or more of its stock or of ten percent (10%) or greater interest in the partnership, as may be the case, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the non-corporate stockholders and individual partners, exceeding the ownership criterion of ten percent (10%) as set forth in N.J.S.A. 40:55D-1 et seq. have been listed.
C.
An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Land Use Board, after the notice of the appeal shall be filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.
§ 35-13.8 APPLICATION FOR SIGN AND YARD SALE PERMITS.
A.
Sign permits.
1.
Applications for a sign permit shall be submitted to the Zoning Officer when the sign to be erected or installed is for an existing use or structure and is not part of a development requiring site plan review. The Zoning Officer shall review said application and plans submitted as required by Section 35-8.13 and shall, within two (2) weeks of receipt of the application:
2.
In the case of a sign or signs to be erected or installed as part of an application for subdivision or site plan approval, the proposed signs shall be shown on the subdivision plat or site plan and be reviewed and approved as part of the overall subdivision plat or site plan by the Land Use Board. The Zoning Officer shall be authorized by the approval of the subdivision plat or site plan submitted thereto to issue the appropriate permit(s) for the sign(s) shown on said approved plat or plan.
§ 35-13.9 INFORMAL DISCUSSION OF A DEVELOPMENT PROPOSAL.
A.
At the request of the developer, the Land Use Board shall grant an informal review of a concept plan for a proposed development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such informal review. The developer shall not be bound by any concept plan for which review is requested, and the Land Use Board shall not be bound by any such review and/or comments made during same.
B.
Any sketch plats containing proposals and/or designs for drainage, streets, subdivision layout or site design shall be only for discussion and informal review and comment. The data included on an informal submission shall include sufficient basic data to enable the Land Use Board and the developer to comment upon design concepts, such as building locations, ingress and egress, parking and major natural features that will have to be recognized or may influence certain design criteria, and the prospective developer's basic intent for provision of water, sewage and stormwater facilities. Informal sketches to scale of possible plans for development of the area. They are not binding on the Township or upon the developer and do not necessitate accurate engineered drawings. The Township or developer bear no liability resulting from the informal discussion of such concept plans for development since by their nature they are not actual applications with supporting documentation and properly drawn and certified plats or plans.
C.
Although the minutes of a meeting of the Land Use Board wherein an informal discussion was part of the agenda may so note said discussion, no written findings, conclusions or reports shall be issued by the Board as a result of an informal discussion.
§ 35-13.10 PLAT AND PLAN CONFORMITY.
No development application as defined in this chapter shall be accepted unless submitted in proper form, and no plat or plan shall be accepted for consideration unless it conforms to the requirements, as set forth herein, as to form, content and accompanying information, and complies with the provisions of the New Jersey Map Filing Law, as amended. All plats and plans shall bear the signature, seal, license number and address of the professional authorized to draw same.
§ 35-13.11 PLAT AND PLAN DETAILS.
A.
Minor subdivision plat. The plat shall be clearly and legibly drawn and shall be based on a field survey. The plat shall conform to the requirements, as set forth herein, as to form, content and accompanying information as well as the provisions of N.J.S.A. 46:23-9.9 et seq. The plat shall be drawn at a suitable scale to enable the entire tract to be shown on one (1) sheet and shall show or indicate the following information:
1.
A key map with North arrow showing the entire development and its relation to surrounding areas at a scale of not less then one (1) inch equals two thousand (2,000) feet.
2.
The Township Tax Map sheet, block and lot numbers for the tract and all adjacent lots, title, graphic scale, date of original drawing and the date and substance of each revision.
3.
Name and address of the owner, subdivider and person preparing the plat. If the owner is not the applicant, then the interest of the applicant and owner's signed consent to the filing of the application.
4.
The names of all adjoining property owners as disclosed by the most recent tax records.
5.
The signature and seal of a New Jersey licensed land surveyor.
6.
The classification of the zoning district in which the proposed subdivision is located. If the property lies in more than one (1) zoning district, the plat shall indicate all the zoning district lines. All front, side and rear setback lines shall be shown conforming to this chapter.
7.
The legal description and street address, if any, of the subject property, its entire acreage and the acreage of the area(s) being subdivided.
8.
All existing and proposed lot lines and any existing lot lines to be eliminated with said lines certified by a New Jersey licensed land surveyor.
9.
All existing structures, uses and wooded areas within the portion to be subdivided and within two hundred (200) feet of the subject property; also, any isolated trees with a diameter of eight (8) inches or more measured three (3) feet above ground level on the property involved.
10.
All streams, lakes and drainage rights-of-way within the limits of the tract(s) being subdivided and within two hundred (200) feet thereof, including the location, width and direction of flow of all streams, brooks and drainage structures; existing natural or man-made features to be removed or relocated; flood hazard area and floodway lines, steep slopes in excess of five percent (5%).
11.
The location of any and all wetland areas and required wetlands transition areas or buffers within the proposed development as required under the "Fresh Water Wetlands Protection Act Rules" - N.J.A.C. 7:7A, New Jersey Department of Environmental Protection and Energy and the wetlands covered under the Pinelands Commission Management Plan; or letter of interpretation from the N.J.D.E.P. or the Pinelands Commission, indicating that the proposed activity within the subdivision requires no wetlands permit or delineation. The Land Use Board may waive this application requirement upon the recommendation of the Township Engineer, if the applicant submits a signed statement by a New Jersey licensed engineer or land surveyor that:
a.
He has personally visited the subject property and conducted a site investigation as necessary to determine that there are no wetlands or transition areas on the subject property.
b.
He has examined the subject property on a national wetlands inventory map.
c.
He has reviewed the soils on the subject property as set forth in the Cumberland County Soil Survey Map as issued by the United States Department of Agriculture.
d.
He has certified that there are no wetlands or wetland transition areas on the subject property.
A copy the applicable wetlands map and soils map of the site involved, as well as a calculation of the acreage of wetlands and uplands for each existing and proposed lot shall be submitted in the event wetlands are located on the site.
12.
All existing and proposed streets, roads, easements and rights-of-way within and adjoining the proposed subdivision, with existing right-of-way widths clearly indicated and as proposed in the Township Master Plan. Existing and proposed driveways or other entrances onto a public street, street names, existing or proposed sight triangles or other easements and their purpose shall be shown.
13.
The location and width of all existing or proposed utility easements in the area to be subdivided.
14.
The location of any existing or proposed open space or recreational areas within or adjacent to the lots involved in the subdivision.
15.
For any application having a reserve parcel resulting from subdivision which is capable of being subdivided later and which will have insufficient road frontage as a result of the proposed subdivision, or which will require the installation of a new street to allow for subdivision, the subdivision plat shall show a rough indication of an acceptable layout of the remainder of the tract to assure that there is no adverse effect upon the development or provision of access to the remainder of the tract.
16.
The location of any municipal boundary lines within two hundred (200) feet of the subdivision.
B.
Minor site plan. A minor site plan shall include the same data as required in Section 35-13.11A herein except that the graphic scale shall not be less than fifty feet to the inch (50' to 1"). All distances shall be in decimals of a foot, and all bearings shall be given to the nearest ten (10) seconds. The error of closure shall not exceed one (1) in ten thousand (10,000). In addition, to the aforementioned data required, the minor site plan shall also show:
1.
Existing schools, special districts and areas proposed for dedication for public use.
2.
Location of all proposed buildings and all other structures, such as but not limited to, walkways, fences, culverts, bridges and sidewalks, with spot elevations of such structures.
3.
The proposed use or uses of land and buildings and the location of proposed buildings or individual sites, such as in the case of campgrounds, industrial parks, or office complexes. Such buildings, uses or sites shall include proposed grades.
4.
The location and design of any off-street parking and loading areas, showing size and locations of spaces, bays, aisles, islands and barriers, and the number of parking and loading spaces. In addition, the plan shall contain information and calculations showing the square footage of each building, total number of employees and of employees in the largest working shift and where applicable, seating capacity of structures, or any other applicable information used to determined the number of parking or loading spaces to be provided for the proposed use as required by Sections 35-8.7 and 35-8.8 of this chapter.
5.
If a sign or signs are to be erected, attached or otherwise located on the site, the site plan shall be accompanied by details and information on the number, size, design and content of any sign or signs as permitted for said site in Section 35-8.13 of this chapter.
7.
The location of existing or proposed of potable water and sanitary sewer facilities for the site and their suitability for the use proposed and such other details as may apply to the proposed improvements or change of use as necessary to reasonably determined the suitability of the site for the use proposed and the requirements of this chapter.
C.
Preliminary major subdivision plat. The preliminary plat shall be clearly and accurately drawn or reproduced at a suitable scale. Preliminary plats shall be designed in accordance with the provisions of Article 35-11 of this chapter and shall show or be accompanied by the following information:
1.
The plat shall have a graphic scale of not less than one (1) inch equals one hundred (100) feet and be based on a certified boundary survey and drawn by a New Jersey licensed land surveyor with design improvements drawn by a New Jersey licensed professional engineer. Sheet sizes shall be of thirty by forty-two (30 x 42) inches; twenty-four by thirty-six (24 x 36) inches, fifteen by twenty-one (15 x 21) inches, or eight and one-half by thirteen (8 1/2 x 13) inches. If more than one (1) sheet is required to show the entire subdivision, a separate composite map shall be drawn showing the entire subdivision and listing the sheets on which the various sections thereof are shown.
2.
The plat shall have a key map with North arrow, showing the entire subdivision in relation to the surrounding area, including the names of principal roads, and at a scale of not less than one (1) inch equals two thousand (2,000) feet.
3.
Title block with the name of the subdivision; any development names previously associated with the application; the name of the municipality; Township Tax Map sheet, block and lot numbers; date of preparation and most recent revision; meridian; graphic scale; the names, addresses and telephone numbers and signatures of the owner, subdivider and person(s) who prepared the plat(s), including the seal(s) of the latter affixed to the applicable plat sheets. If the subdivision is not the owner of the subject property, the plat shall be accompanied by a statement indicating the interest of the applicant.
5.
The names of property owners within two hundred (200) feet of the extreme limits of the subdivision as disclosed by the most recent Township tax records.
6.
Tract acreage to the nearest one thousandth (0.001) of an acre; the number of new lots, each lot line dimension, scaled to the nearest foot; and each lot area, to the nearest square foot.
7.
Zoning districts and zoning district lines in which the subdivision is located and/or abuts.
8.
Existing and proposed contours at two (2) foot intervals. All elevations shall be related to a bench mark noted on the plan and wherever possible shall be based on U.S.G.S. mean sea level datum or approved local datum. Contours should show existing ground elevations and proposed elevations in areas to be re-graded.
9.
Location of existing natural features, such as soil types, slopes exceeding five percent (5%), wooded areas, scenic views within the development, and the location of individual trees outside wooded area having a diameter of six (6) inches or more measured five (5) feet above the current ground level.
10.
Existing and proposed streams, lakes, ponds, and bog or marsh areas accompanied by the following data:
a.
When a running stream with a drainage area of one half (1/2) square mile or greater is proposed for alteration, improvement or relocation, or when a structure or fill is proposed over, under, in or along such running stream, evidence of approval, required alterations, lack of jurisdiction or denial of the improvement by the New Jersey Department of Environmental Protection and Energy, Bureau of Flood Plain Management, Division of Coastal Resources, shall accompany the plat.
b.
Cross-sections and profiles of watercourses at an appropriate scale showing the extent of the flood fringe area, top of bank, normal water level and bottom elevations at the following locations:
(1)
All watercourses within or adjacent to the development and at any point where a watercourse crosses a boundary of the development (profile and cross-section).
(2)
At fifty (50) foot intervals for a distance of three hundred (300) feet upstream and down-stream of any existing or proposed culvert or bridge within the development (cross-section and profile).
(3)
At a maximum of one hundred (100) foot intervals, but at not less than two (2) locations, along each watercourse which runs through or adjacent to the development (cross-section and profile).
(4)
When ditches, streams, brooks or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation during construction as well as typical ditch sections and profiles shall be shown on the plan or accompany it.
c.
The total upstream acreage in the drainage basin of any watercourse running through or adjacent to the development. For flowing streams, small-scale watershed maps developed from the U.S.G.S. sheets shall be submitted.
d.
The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in that portion of the development which drains to the structure.
e.
The location and extent of all existing and proposed drainage and conservation easements and flood hazard areas and floodway lines.
f.
The location, extent and water level elevation of all existing or proposed lakes or ponds on or within three hundred (300) feet of the development.
g.
Plans and computations for any storm drainage systems, including the following:
(1)
All existing and proposed storm sewer lines within or in lands or roads adjacent to the development and for all required off-site or off-tract drainage improvements showing size, profile and slope of lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and head wall.
(2)
The location and extent of any proposed dry wells, groundwater recharge basins, retention basins, flood control devices, sedimentation basins, or other water conservation devices.
11.
The names, locations and dimensions, including cartway and right-of-way widths, of all existing streets within a distance of two hundred (200) feet of the boundaries of the development, existing driveways and any connections from proposed streets, sidewalks and bike routes in the development to any adjoining street(s), sidewalk(s) or bike route(s) and what off-site extensions, if any, will be made to nearby arterial and collector streets as those streets are shown on the adopted Township Master Plan.
12.
The names, locations, paved widths, rights-of-way widths and purpose(s) of existing and proposed easements, driveways and other rights-of-way in the proposed subdivision. The text of any deed restrictions and the description of all existing and tentatively proposed easements shall accompany the plat. A copy of any existing or proposed protective covenants or deed restrictions applying to the land being subdivided.
13.
All proposed lot lines, and all existing lot lines to remain and those to be eliminated. All setback lines required by this chapter with the dimensions thereof and any municipal boundary line where the boundary is within the tract or within two hundred (200) feet of the tract. All lot(s) to be reserved or dedicated to public use shall be identified. Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with the number "1."
14.
Locations of all existing structures and their use(s) in the tract and within two hundred (200) feet thereof, showing existing and proposed front, side and rear yard setback distances, structures of potential historic significance and an identification of all existing structures and uses to be retained and those to be removed.
15.
Plans and profiles of proposed improvements and utility layouts (sanitary sewers, storm sewers, erosion control, excavation, etc.) showing location, size, slope, pumping stations and other details as well as feasible connections to any existing or proposed utility systems. If private utilities are proposed, they shall comply fully with all municipal, county and State regulations. If service will be provided by an existing utility, a letter from that utility, shall be submitted stating that the service will be available before occupancy of any proposed structures requiring such service. When on-site water or sewage disposal is proposed, the proposed location of the well and the location, results of percolation tests, and sufficient information to assure that the grading plan for the major subdivision will be maintained as a result of such on-site utility location. In a case where the exact location of such on-site utilities is not known, the preliminary plat shall contain a note stipulate that the integrity of the final grading plan for the major subdivision shall be maintained.
16.
Identification of an area to be reserved for public use and acceptable to Township recreational purposes, approved by the Land Use Board, comprising not less than fifteen percent (15%) of the land area to be developed. Such lands, when approved by the Land Use Board, constitute an amendment to the Master Plan of the Township and will be reserved for a period of one (1) year from the date of preliminary approval, during which the Township may institute acquisition procedures. In the case of any major subdivision involving twenty (20) for more lots, the location and other information required as per Section 35-11.4T of this chapter.
17.
A landscaping and buffering plan showing any existing or proposed buffered areas and the proposed landscaping to be undertaken within the subdivision including the planting of shade trees and typical lot landscaping. The plan shall show what existing or natural vegetation will remain and what will be planted including shade trees, indicating names of plants and trees with dimensions, appropriate time of planting and method of planting in detail. The plan shall indicate compliance with Section 35-8.5 of this chapter dealing with clear cutting.
18.
A lighting plan indicating any existing or proposed street lighting to be installed as well as the location and design of proposed lighting for buildings, signs or grounds. The location of poles, distance from intersections and illumination factors for all street lighting shall be provided.
19.
An itemization of all improvements to be made to the site as required by Articles 35-8, 35-9, 35-10 and 35-11 of this chapter, and such other improvements on-site, off-site and off-tract as the public interest may require, together with a listing of the work and materials to be used in installing such improvements, including estimated quantities so that the Municipal Engineer may formulate a performance guaranty estimate.
20.
Details, locations and information on any proposed signs to be erected, constructed or to be placed anywhere on the property involved in accordance with the provisions of Section 35-8.13 of this chapter.
21.
In the case of a cluster development, the preliminary plat shall be accompanied by a set of detailed development plans showing density patterns, site design, open land designations, building locations, utilities and other improvements and landscaping proposals.
22.
An environmental impact statement which shall address the existing conditions at the site and the effect of the proposed development upon those conditions, including any adverse environmental impacts on existing conditions that will occur as a result of the proposed development either on-site or off-site and the way the applicant proposes to eliminate, reduce or offset such adverse impacts. The conditions to be addressed in the impact statement shall include, but are not limited to, the following: topography, geology, hydrology, soils, vegetation and wildlife and their habitats and including endangered and/or threatened, archaeological, historic, cultural significant areas or structures in accordance with the provisions of Section 35-11.4K, scenic vistas, groundwater supply and quality, surface water supply and quality, air quality, and any other conditions required to be addressed by the Land Use Board.
The Land Use Board may at its discretion where deemed appropriate, reduce the conditions to be included in any environmental impact statement for a particular development application where such information is not deemed necessary. Unless specifically waived by the Land Use Board, the environmental impact statement shall include and address all items set forth herein this Subsection C22.
23.
The location of any and all wetland areas and required wetlands transition areas or buffers within the proposed development as required under the "Fresh Water Wetlands Protection Act Rules" - N.J.A.C. 7:7A, New Jersey Department of Environmental Protection and Energy and wetlands covered under the Pinelands Comprehensive Management Plan or letter of interpretation from the N.J.D.E.P. or the Pinelands Commission, indicating that the proposed activity within the subdivision requires no wetlands permit or delineation. The Land Use Board may waive this application requirement upon the recommendation of the Township Engineer, if the applicant submits a signed statement by a New Jersey licensed engineer or land surveyor that:
a.
He has personally visited the subject property and conducted a site investigation as necessary to determine that there are no wetlands or transition areas on the subject property.
b.
He has examined the subject property on a national wetlands inventory map.
c.
He has reviewed the soils on the subject property as set forth in the Cumberland County Soil Survey Map as issued by the United States Department of Agriculture.
d.
He has certified that there are no wetlands or wetland transition areas on the subject property.
A copy the applicable wetlands map and soils map of the site involved, as well as a calculation of the acreage of wetlands and uplands for each existing and proposed lot shall be submitted in the event wetlands are located on the site.
24.
Provision of information on compliance with waste management requirements as contained in Section 35-11.4AD of this chapter.
25.
If the proposed subdivision is located within the Pinelands Protection Area, in addition to the details outlined above, the applicant shall modify said details or information or provide additional information or details as specified in Article 35-10 of this chapter.
26.
In the case of a development for which a homeowners association is required as per Section 35-11.4L of this chapter, the site plan shall be accompanied by such information as will permit the Land Use Board to make detailed findings concerning the ability of the association to adequately perform the functions for which it is designed. Information to be submitted by the applicant in this regard and subject to approval or revision is as follows:
a.
The time when the association is to be created in relation to the project's timetable.
b.
Mandatory or automatic nature of membership in the organization by a resident and his successor(s) as well as the Township.
c.
Permanency of common, buffer, open space and recreational areas or drainage improvement areas' protective covenants.
d.
Liability of the organization for insurance, taxes and maintenance of all facilities
e.
Provisions made for pro rata sharing of costs and assessments
f.
Capacity of the organization to administer common facilities and preserve the benefits of the common, buffer, or open space and recreational areas or drainage improvement facilities.
g.
The restrictions, covenants and other devices establishing the automatic membership in the association and the responsibilities of that membership.
D.
Preliminary major site plan.
1.
Every preliminary site plan shall be at a minimum of one (1) of the following graphic scales: one (1) inch equals ten (10) feet, twenty (20) feet, thirty (30) feet, forty (40) feet or fifty (50) feet. The preliminary plat shall be based on a land survey certified by a New Jersey licensed land surveyor and the site plan certified by a licensed New Jersey professional authorized by law to perform such work. The site plan shall be submitted on one (1) of the four following standard sheet sizes: eight and one half by thirteen (8 1/2 x 13) inches, fifteen by twenty-one (15 x 21) inches, twenty-four by thirty-six (24 x 36) inches, or thirty by forty-two (30 x 42) inches. If one (1) sheet is not sufficient to contain the entire territory, a separate composite map shall be drawn showing the entire development and listing the sheets on which the various sections are shown. The site plan shall include the following data:
a.
All lot lines and the exterior boundaries of the tract, and if applicable, delineation of that portion of the tract which is the subject of the development and site plan review;
b.
North arrow;
c.
Zone district(s) in which the lot(s) involved is located or is adjacent;
d.
Date of the original drawing and each subsequent revision or amendment thereto;
e.
Existing and proposed street(s) and street name(s);
f.
Existing and proposed contours at two (2) foot intervals throughout the tract involved and within one hundred (100) feet of any building or paved area under review;
g.
Title of plan and development name on each sheet;
h.
Watercourse locations on or adjacent to the tract involved;
i.
Total area to one (1) square foot;
j.
Total number of off-street parking and loading spaces to be provided;
k.
All dimensions, areas and distances needed to confirm conformity with this chapter such as, but not limited to, building lengths, building coverage, lot lines, parking spaces, loading spaces, setbacks and yard dimensions, and buffer areas;
2.
A key map showing the site in relation to all remaining lands in the present owner's ownership and identifying all roads adjacent to or within fifty (50) feet of the tract, and any municipal boundary within one hundred (100) feet of the tract.
3.
Site plan information. Each site plan shall contain all site improvements as drawn by a New Jersey licensed professional engineer and shall have the following information shown thereon or annexed thereto to comply with the applicable provisions of this chapter:
a.
Building and use plan. The size, height, location, arrangement and use of all existing or proposed buildings or structures, including a New Jersey licensed architect's sealed elevations of the front, side and rear of any structures; and all signs to be erected, constructed, placed on-site or modified; to the extent necessary to appraise the Land Use Board of the scope of the proposed work, shall be shown. Any existing structures shall be identified either as to remain or be removed. A written description of the proposed use (s) and operations(s) of nonresidential structures(s), including the number of shifts to be worked and the maximum number of employees on each shift; seating capacity, expected truck and tractor-trailer traffic; emissions of noise, glare, vibration, heat, odor and air and water pollution; safety hazards posed; and anticipated expansion plans incorporated into the building designs. Floor plans shall be submitted upon request of the Land Use Board. Said building and use plan shall be certified by a New Jersey licensed professional engineer or other professional authorized by law to provide said information.
b.
Circulation plan. This plan shall show access streets and street names, acceleration/deceleration lanes, curbs, aisles and lanes, access points to public streets, sight triangle easements, traffic channelization, easements, fire lanes, driveways, number and location of off-street parking and loading spaces, berths and/or docks, pedestrian walkways, customer service areas and all other related facilities for the movement and storage of goods, vehicles and persons to, from and on the site and all improvements related thereto including lights, lighting standards, signs, driveways, curbing and street furniture within the tract and within one hundred (100) feet of the tract. Sidewalks shall be shown from each entrance/exit along expected paths of pedestrian travel, such as, but not limited to access to parking areas, driveways, streets, other buildings on the site and across common yard areas between buildings. Plans shall be accompanied by cross-sections and profiles of new streets, aisles, lanes, driveways and sidewalks. Any expansion plans for the proposed use shall show feasible off-street parking and loading area expansion commensurate with building and/or site use expansion.
c.
Natural resource plan. This plan shall show the locations, details and method of planting and maintaining: existing and proposed wooded areas; buffer areas including the intended screening devices and buffers; grading at two (2) foot intervals inside the tract and within fifty (50) feet of its boundaries; a landscaping plan for the site including all areas to be seeded or sodded; ground cover; retaining walls; fencing; signs; recreational or open space areas; shrubbery and trees to be planted with details on method of planting and specifications for the vegetation to be used, means of protecting existing vegetation to be retained on-site during construction; and any other landscaping items including yard furniture and lighting. These plans shall show the location and type of man-made improvements and the location, species and caliper of plant material and trees utilized on the tract and identify any species tree located on the tract. All portions of the tract not utilized by building or impervious surfaces shall be landscaped using combinations of landscaped fencing, shrubbery, trees, lawn, ground cover, existing or new vegetation or other natural materials to maintain and reestablish the tone of the area and less the impact of the structures and impervious surfaced areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. All new vegetation proposed shall be native vegetation to the area to the greatest extent possible and the applicant shall comply with the provisions of Section 35-11.4AA. For applications in the Pinelands Area, the landscaping plan shall incorporate the elements set forth in Section 35-11.4AA5 of this chapter.
d.
Facilities plan. This plan shall show the existing and proposed location of all drainage and stormwater runoff facilities; open space or buffer areas; common property; fire hydrants; gas, electric, telephone, cable television, sewerage and water lines locations; and solid waste collection and disposal methods, including proposed grades, sizes, capacities and materials and/or equipment to be used for said facilities or areas installed by the developer.
Installations by utility companies need only show their locations on the plan. All easements acquired or required on the tract or across adjacent properties shall be shown, and copies of legal documentation that support the granting of the easement(s) by an adjoining property owner shall be included. All proposed lighting for the entire tract shall be shown, including the direction, angle, height, reflection of each source of light, and the light intensity. All utilities shall be installed underground. All required State and Federal approvals for environmental considerations shall be submitted prior to preliminary approval or be condition of final approval. Drainage facilities shall include facilities to comply with stormwater runoff provisions of Section 35-11.4W of this chapter. The method of sewage treatment and solid waste disposal proposed for the site shall be shown and be in compliance with Section 35-11.4 of this chapter. Percolation and soil boring tests shall be provided and their location shown on the plan from sufficient locations on the site to allow a determination of the adequacy for the drainage and sewage treatment systems if on-site, proposed.
e.
Environmental impact statement. An environmental impact statement which shall address the existing conditions at the site and the effect of the proposed development upon those conditions, including any adverse environmental impacts on existing conditions that will occur as a result of the proposed development either on-site or off-site and the way the applicant proposes to eliminate, reduce or offset such adverse impacts. The conditions to be addressed in the impact statement shall include, but are not limited to, the following: topography, geology, hydrology, soils, vegetation and wildlife and their habitats and including endangered and/or threatened, archaeological, historic, cultural significant areas or structures in accordance with the provisions of Section 35-11.4K, scenic vistas, groundwater supply and quality, surface water supply and quality, air quality, and any other conditions required to be addressed by the Land Use Board.
The Land Use Board may at its discretion where deemed appropriate, reduce the conditions to be included in any environmental impact statement for a particular development application where such information is not deemed necessary. Unless specifically waived by the Land Use Board, the environmental impact statement shall include and address all items set forth herein.
In addition to the environmental impact statement shall contain the location of any and all wetland areas and required wetlands transition areas or buffers within the proposed development as required under the "Fresh Water Wetlands Protection Act Rules" -
N.J.A.C. 7:7A, New Jersey Department of Environmental Protection and Energy; or letter of interpretation from the N.J.D.E.P. indicating that the proposed activity within the subdivision requires no wetlands permit or delineation. The Land Use Board may waive this application requirement upon the recommendation of the Township Engineer, if the applicant submits a signed statement by a New Jersey licensed engineer or land surveyor that:
(1)
He has personally visited the subject property and conducted a site investigation as necessary to determine that there are no wetlands or transition areas on the subject property.
(2)
He has examined the subject property on a national wetlands inventory map.
(3)
He has reviewed the soils on the subject property as set forth in the Cumberland County Soil Survey Map as issued by the United States Department of Agriculture.
(4)
He has certified that there are no wetlands or wetland transition areas on the subject property.
A copy of the applicable wetlands map and soils map of the site involved, as well as a calculation of the acreage of wetlands and uplands for each existing and proposed lot shall be submitted in the event wetlands are located on the site.
f.
In the case of a townhouse, apartment or multi-family development, five (5) copies of a housing market analysis which shall describe and demonstrate the need for said proposed project in terms of the regional housing market shall be submitted. Said analysis shall include data and information on vacancy rates, cost, type and location of housing within the Township and the regional. Such analysis shall clearly indicate how it will meet a need reasonably shown to exist by the analysis submitted for the type and cost of housing proposed.
g.
In the case of a development for which a homeowners association is required as per Section 35-11.4L of this chapter, the site plan shall be accompanied by such information as will permit the Land Use Board to make detailed findings concerning the ability of the association to adequately perform the functions for which it is designed. Information to be submitted by the applicant in this regard and subject to approval or revision is as follows:
(1)
The time when the association is to be created in relation to the project's timetable.
(2)
Mandatory or automatic nature of membership in the organization by a resident and his successor(s) as well as the Township.
(3)
Permanency of common, buffer, open space and recreational areas or drainage improvement areas' protective covenants.
(4)
Liability of the organization for insurance, taxes and maintenance of all facilities.
(5)
Provisions made for pro rata sharing of costs and assessments.
(6)
Capacity of the organization to administer common facilities and preserve the benefits of the common, buffer, or open space and recreational areas or drainage improvement facilities.
(7)
The restrictions, covenants and other devices establishing the automatic membership in the association and the responsibilities of that membership.
h.
A survey of the subject property certified by a New Jersey licensed land surveyor.
E.
Final subdivision plat. The final plat shall be drawn in ink on tracing cloth or its equivalent at a scale of not less than one(1) inch equals fifty (50) feet and compliance with all the provisions of the New Jersey "Map Filing Law," as amended. The final plat shall be submitted in the following form: the original or equivalent duplicate, one (1) translucent tracing cloth or its equivalent copy, two (2) cloth prints and ten (10) black on white prints.
The final plat shall show or be accompanied by only the following information and those details as specified in the aforementioned New Jersey Map Filing Law and as follows:
1.
Date, name and location of the subdivision; name of the owner, graphic scale; reference meridian, North arrow, and a key map.
2.
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the purposed use of sites other than residential shall be noted.
3.
Minimum building setback lines on all lots and other sites.
4.
Names of owners and adjoining non-subdivided land.
5.
Signature blocks for the Land Use Board, Township Engineer and all other endorsements required by law.
6.
Tract boundary lines; municipal boundary line if within two hundred (200) feet of the tract being subdivided; street names; all lot lines and other site lines with accurate dimensions, bearing or deflection angles and radii, arcs and chord bearings and distances of all curves based on an actual survey by a land surveyor licensed to practice in the State of New Jersey, with minimum building setback lines and the area of each lot shown to the nearest square foot. All dimensions, both linear and angular, of the exterior tract boundaries shall be based on and calculated from surveyed traversing which shall have an apparent error of field closure of one to ten thousand (1:10,000) or better and shall be corrected by accepted balancing methods to final errorless closure; all final exterior and lot boundaries shall be similarly balanced to final errorless closure. All dimensions, angles and bearings given on the map must be referred to by at least three (3) permanent monuments which shall be indicated on the map.
7.
Block and lot numbers in accordance with established standards and in conformity with the Township tax maps, as approved by the Township Tax Assessor, and all street numbers where appropriate shall be designated as specified by the Land Use Board.
8.
Plans, cross-sections, profiles and established grades of all streets and easements as approved by the Township Engineer.
9.
Plans and centerline profiles of all storm and sanitary sewers and water mains as approved by the Township Engineer.
10.
Location and description of all monuments as required by this chapter and the New Jersey Map Filing Law.
11.
By separate exhibit, information regarding required improvements and detailing the stage of completion of installing said improvements, including the following certifications:
a.
By a New Jersey licensed professional land surveyor as to the accuracy of the plat and of the surveyed dimensions.
b.
That the applicant is agent or owner of the land, or that the owner has given consent under an option agreement or contract of sale.
c.
Approval of the Township Engineer.
d.
Appropriate local, county, regional and State or Federal approvals . In the case of subdivisions in the Pinelands Protection Area, the approval of the Executive Director of the Pinelands Commission.
e.
By the Township Tax Collector that all taxes are paid to date.
f.
Other certifications that may be required by law.
12.
For phased or staged developments, only those portions for which approval is being requested and have been granted preliminary approval shall be shown on the final plat.
F.
Final site plan. The final site plan shall include all data required on the preliminary site plan drawn to incorporate all changes required as a condition of preliminary approval and drawn by persons and to specifications as required for a preliminary plan. To the extent applicable, the final site plan shall be accompanied by the same certifications as required by Section 35-13.11E11 and shall also comply with Section 35-13.11E12 with regard to a phased development.
G.
Site plan for signs. Unless otherwise provided in this chapter, an application for sign permit shall be accompanied by a sign site plan of the proposed sign(s) which shall show the following:
1.
Name, address and telephone number of the applicant, the person preparing and/or constructing the sign(s) and the person erecting or locating the sign(s).
2.
Location of the building, the structure and/or the lot to which the sign is or is to be erected, attached or located.
3.
A scaled drawing showing the size of the existing or proposed sign; the location of the sign on the building to which it is to be attached, or on the property on which it is to be place (in which case setback dimensions shall be shown); the materials to be utilized in the construction of the sign, including whether or not the sign will be illuminated and details of said illumination including intensity of light and type of lighting to be utilized; and the message, lettering, artwork, illustrations, photographs, color and appurtenances or other items to be placed or shown on the sign(s) or as part thereof.
4.
In the case of signs to be erected, constructed or placed on property or attached to structures not belonging to the applicant, evidence of the property or structure owner's approval and permission for the locating of said sign(s).
5.
Such other information as reasonably required by the approving authority in order to make a decision as to the approval of the sign based on the provisions of this chapter.
H.
General development plan. A general development plan to be submitted pursuant to the provisions of Section 35-13.5 of this chapter shall contain or be accompanied by the following:
1.
A general land use plan at a scale of not less than one (1) inch equals one hundred (100) feet indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential or nonresidential uses shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided;
2.
A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development;
3.
An open space plan showing the proposed land area and general location of parks and any other land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands;
4.
A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal; and a plan for the operation and maintenance of proposed utilities;
5.
A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site;
6.
An environmental inventory including general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site existing man-made structures or features and the probable impact of the development on the environmental attributes of the site;
7.
A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to, educational or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations;
8.
A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the Township pursuant to N.J.S.A. 52:27D-301 et al. will be fulfilled by the development;
9.
A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal;
10.
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the Township or school district as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection H11 of this Section, and following completion of the planned development in its entirety;
11.
A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the planned development in its entirety; and
12.
A municipal development agreement, which shall mean a written agreement between the Township of Maurice River and the developer relating to the planned development.
I.
Waivers from plat or plan details. The Land Use Board or other approving authority upon written request of the applicant, may waive any plat or plan details required in connection with the provisions of this Article where it finds that said waived detail is not required in order to adequately review the plat or plan, is not relevant to the development activity proposed or the property upon which is located, and that the waiving of said detail(s) shall not be detrimental to the adopted Township Master Plan or the provisions of this chapter.
§ 35-13.12 PAYMENT OF TAXES REQUIRED.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Land Use Board shall be accompanied by proof that no taxes or assessment for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
§ 35-13.13 HEARINGS.
The Land Use Board shall hold a hearing on each application for development consistent with the provisions of N.J.S.A. 40:55D-1, et seq. and this chapter and such hearings shall be conducted according to the provisions of this Section.
A.
Rules. The Land Use Board shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C.
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right to cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E.
Records. The Land Use Board shall provide for the verbatim recording of the proceedings by stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request of any interested party at his expense. The Land Use Board in furnishing a transcript of the proceedings to an interested party at his expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall be certified in writing by the transcriber to be accurate.
§ 35-13.14 NOTICE REQUIREMENTS FOR HEARINGS.
Whenever a hearing on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. is required, the applicant shall give notice thereof as follows:
A.
Public notice shall be given by publication in the official newspaper of the Township at least ten (10) days prior to the date of the hearing.
B.
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located in the State and within two hundred (200) feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the (1) condominium association in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.
1.
Such notice shall be given by serving a copy on the owner as shown on the said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required.
2.
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners association, because of its ownership of common elements or areas located within two hundred (200) feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation, without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
C.
Notice of hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to notice required to be given pursuant to Section 35-13.14B of this Article to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.
D.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within two hundred (200) feet of the subject premises.
E.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
F.
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10.
G.
All notices hereinabove specified in this Section shall be given at least ten (10) days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Land Use Board.
H.
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; identification of the property proposed for development by street address, if any, or by reference to lot and block number as shown on the current tax duplicate in the Township Tax Assessor's Office; and the location and time at which any maps and documents for which approval is sought are available as required by law.
§ 35-13.15 FURNISHING LIST OF PROPERTY OWNERS.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Assessor shall, within seven (7) days after receipt of a request therefore and upon receipt of payment of a fee of twenty five cents ($.25) per name or ten dollars ($10.00), whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Section 35-13.13 of this chapter.
§ 35-13.16 FORM OF DECISIONS; COPIES.
The Land Use Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Land Use Board shall provide the findings and conclusions through:
A.
A resolution adopted at a meeting held within the time period provided by N.J.S.A. 40:55D-1, et seq. For action by the Land Use Board on the application for development; or
B.
A memorializing resolution adopted at a meeting held not later then forty five (45) days after the date of the meeting at which the Land Use Board voted to grant or deny approval. Only the members of the Land Use Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting from failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote of any such resolution shall be deemed to be a memorialization of the action of the Land Use Board and not to be an action of the Land Use Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of mailings, filings and publications required by subsections h and i of N.J.S.A. 40:55D-10. If the Land Use Board fails to adopt a resolution or a memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Land Use Board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the Township.
C.
A copy of the decision shall be mailed by the Land Use Board within ten (10) days of the date of the decision to the applicant, or if represented, then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the Land Use Board in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee and make available for public inspection at his office during reasonable hours.
D.
A copy of the decision shall also be mailed by the Land Use Board to the Executive Director of the Pinelands Commission, for applications for development proposed to be located within the Pinelands Protection Area.
§ 35-13.17 PUBLICATION OF DECISIONS.
A brief notice of every final decision shall be published in the official newspaper of the Township. At a minimum, the notice shall clearly identify the nature of the Board action requested; the public meeting or meetings at which the matter was heard and decided; and whether or not the application was granted. Such publication shall be arranged by the administrative officer of the Land Use Board without charge to the applicant. Said notice shall be sent to the official newspaper for publication within ten (10) days of the date of such decision.
§ 35-13.18 DISCLOSURE OF OWNERSHIP.
A corporation or partnership applying to Land Use Board for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of twenty five (25) or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least ten percent (10%) of its stock of any class or at least ten percent (10%) of the interest in the partnership, as the case may be. Said disclosure shall be in compliance with the provisions of Section 35-13.7B2 through B4 of this Article.
§ 35-13.19 CHECKLISTS FOR DETERMINING COMPLETENESS ADOPTED. [1]
The following checklists to be used for determining the completeness of any development application submitted to the approving authority are hereby adopted by reference and made a part of this chapter:
Checklist A. | Minor Subdivision |
Checklist B. | Minor Site Plan |
Checklist C. | Major Subdivision |
Checklist D. | Major Site Plan |
Checklist E. | General Development Plan |
Checklist F. | Preliminary Zoning Permit within a Flood Plain Area |
Checklist G. | Forestry Permit |
Checklist H. | Sign Permit |
Checklist I. | Cultural Resource Review |
Checklist J. | Wireless Local Communications Facilities Application - Supplemental Information |
Checklist K. | Variance Application |
Checklist L. | (Reserved) |
Checklist M. | Environmental Impact Statement |
The administrative officer of the Land Use Board or other approving authority shall provide all applicants for development approval with a copy of all applicable checklists as noted above for the proposed development involved. Said checklist(s) shall be completed and submitted along with all documentation and plans or plats as indicated on said checklist(s) to the administrative officer at the time of his making application for development review. The checklist or checklists shall be used in determining completeness of the application for review submitted as required by N.J.S.A. 40:55D-10.3.
[1]
Editor's Note: The Checklist can be found at the end of this Chapter in the Appendix.