Millstone Township City Zoning Code
ARTICLE 9
Development Application Requirements
§ 35-9-1 PURPOSE.
The development application documents to be submitted are intended to provide the Municipal Agency with sufficient information and data to assure compliance with all Township land development regulations and specifications and to ensure that the proposed development meets the design and improvement requirements of this chapter. The specification of documents is based on the type of development and particular stage of development application.
§ 35-9-1A SITE PLAN REQUIRED.
[Ord. No. 02-01 § 2; Ord. No. 13-14]
a.
Site plan review and approval shall be required in accordance with the provisions of this article and all applicable requirements of the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.) prior to the issuance of either a zoning or building permit for the following activities unless specifically exempted from the site plan review and approval requirement pursuant to § 35-9-1Ab hereinbelow:
b.
Activities specifically exempted from the site plan review and approval requirement include and are limited to the following:
1.
The construction or expansion of any permitted single-family dwelling, including permitted accessory buildings, structures and uses;
2.
The construction or expansion of accessory buildings and structures used for agricultural activities only, and not for human habitation, on farmland assessed properties;
3.
Permitted fences in accordance with § 35-4-9.12 of Article 4, "Regulations Applicable To All Zoning Districts," of the Revised General Ordinances of the Township of Millstone;
5.
The change of use and/or expansion of an existing principal building and/or accessory building or structure, subject to the review and approval of the Township Zoning Officer and Township Engineer, in consultation with the Township Land Use Planner if needed, and provided that all of the following requirements are met:
(a)
That the existing development previously received site plan approval and that the existing and proposed development do not violate any conditions of the prior approval;
(b)
That the proposed use(s) of the subject buildings and/or structures are permitted uses in the subject zoning district;
(c)
That the need for conditional use approval is not created by the proposed development;
(d)
That no new variances and/or waivers from the requirements of the subject zoning district are created by the proposed development;
(e)
That the proposed expansion of the buildings and/or structures does not exceed an aggregate of 500 square feet or 10% of the existing square footage of the gross floor area of all buildings and structures on the subject property, whichever is less;
(f)
That the proposed expansion of the buildings and/or structures does not result in the lot coverage on the property increasing by more than 1,000 square feet, including any additional parking spaces, sidewalks, etc.;
(g)
That the proposed development does not include or require modification to the fundamental existing site design layout of the existing development, including vehicular access from a public street, traffic flows landscaping and groundwater management facilities;
(h)
That the proposed development does not involve the handling or storage of toxic materials;
(i)
That the proposed development does not encroach upon freshwater wetlands, wetlands transition areas, flood prone areas and/or steep slopes greater than 15% as delineated on the previously approved site plan; and
(j)
That an escrow account of $2,000 is established by the applicant with Millstone Township to pay for the time expended by the Township Engineer and the Township Land Use Planner, and that an application fee of $250 also is provided.
§ 35-9-2.1 Required Documents.
[Ord. No. 04-17 §§ I, II; Ord. No. 12-02 § 3; 5-20-2020 by Ord. No. 20-10; 4-21-2021 by Ord. No. 21-04]
The required application forms and support documents to be submitted are listed by type of development application at the end of this Article in Schedule 4 entitled "Development Application; Documents Required To Be Submitted."* All documents and application forms shall be submitted electronically in addition to required hard copies. In specific cases and for documented reasons, the Municipal Agency may waive the submission of a particular document upon written request by the applicant detailing the reason for the waiver or require the submission of additional documents when the Board determines that additional documentation is required to determine whether an application can meet the standards and requirements established in this Chapter. The reasons for the waiver shall be indicated in the minutes of the Municipal Agency. [1]
[1]
Editor's Note: Schedule 4, Development Application; Documents Required to be Submitted, may be found as an attachment to this chapter.
§ 35-9-2.2 Submission Procedures.
a.
Applications for subdivision approval, site plan approval and/or variance approval shall be submitted to the Secretary of the Board along with all information, documents and exhibits required by this article and other applicable development regulations contained in other Chapters of the Code of Millstone Township.
b.
The Board Secretary should process all materials submitted in the manner prescribed for major subdivision review and approval.
c.
The Board Engineer shall determine jurisdictional requirements and the completeness of the application in the same manner prescribed for major subdivisions. Additionally, the Construction Official shall refer applications for building permits where compliance with this article has not been previously granted to the Environmental Commission for review and recommendation.
d.
If the application for a building permit is on land where development is proposed on slopes less than 10%, on soil not subject to flooding, or on lands which contain no environmentally sensitive constraints, the Board Engineer shall recommend to the Planning Board and the Environmental Commission that the requirements of this article be waived and that the application be approved as being in compliance with this article.
§ 35-9-2.3 Development Names.
[Ord. No. 97-09]
The proposed name for any residential or nonresidential development shall be submitted to the reviewing board for its review and approval. No applicant/developer shall erect any signs within the Township or publish any written material containing the name of any residential or nonresidential development until the designation of any such development name has received approval from the appropriate reviewing board. The purpose of this requirement is to prevent the duplication of development names with existing development or existing street names within the Township of Millstone or within adjoining municipalities. The ultimate purpose of preventing any such duplication is to eliminate confusion for first aid, fire, police and residents.
§ 35-9-2.4 Contribution Disclosure Ordinance.
[Ord. No. 05-07 § 1]
a.
Purpose.
1.
To promote openness in government and a fair and impartial variance, waiver and exception application process and assure the continuing integrity of the municipal Master Plan, its implementing ordinances and the integrity of the variance application process; and
2.
To effectuate the purposes of the Municipal Land Use Law to promote morals and the general welfare.
b.
Definitions.
1.
APPLICATION CHECKLIST – The list of submission requirements adopted by ordinance and provided by the municipal agency to a developer pursuant to N.J.S.A. 40:55D-10.3, and is set forth in § 35-9-2.1, Schedule 4.
2.
DEVELOPER – A developer as defined by N.J.S.A. 40:55D-4, i.e. the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
3.
PROFESSIONAL – Any person or entity whose principals are required to be licensed by New Jersey Law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which said individuals practice.
4.
CONTRIBUTION – Every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee, political party committee or for political action committees which contribute to any of the foregoing and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes of reports required under the provisions of the ordinance, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.
5.
CONTRIBUTION DISCLOSURE STATEMENT – A list specifying the amount, date, and the recipient of any and all contributions made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee, political party committee of, or pertaining to, this municipality or for political action committees which contribute to any of the foregoing, made up to one year prior to filing the variance application and/or during the pendency of the application process.
c.
General Provisions.
1.
Disclosure Requirements.
(a)
Any applicant for a variance pursuant to N.J.S.A. 40:55D-70(d) or a variance pursuant to N.J.S.A. 40:55D-70c in conjunction with any application for a subdivision as well as any application for a subdivision requiring waivers or exceptions pursuant to N.J.S.A. 40:55D-51 shall include in the application Contribution Disclosure Statements for all developers; all associates of said developers who would be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2; and all professionals who apply for or provide testimony, plans, or reports in support of said variance and who have an enforceable proprietary interest in the property or development which is the subject of the application or whose fee in whole or in part is contingent upon the outcome of the application. Regardless of whether the owner of the property which is the subject of the variance application falls in any of the categories established in the preceding sentence, the applicant shall include in the application a Contribution Disclosure Statement for said owner.
(b)
During the pendency of the application process until final site plan approval is granted, any applicant required to comply with this ordinance shall amend its Contribution Disclosure Statements to include continuing disclosure of all contributions within the scope of disclosure requirement of the above paragraph.
2.
Inclusion of Contribution Disclosure Statements as an Element of the Application Checklist.
(a)
The Application Checklist is hereby amended pursuant to N.J.S.A. 40:55D-10.3 to require that the Contribution Disclosure Statements specified in Subsection a of this subsection be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval.
(b)
The municipal Planning Board and Board of Adjustment shall amend its Application Checklist for variances pursuant to N.J.S.A. 40:55D-70(d) as well as for relief pursuant to N.J.S.A. 40:55d-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision.
(c)
An application shall not be deemed complete by the administrative official or accepted for public hearing by the Municipal Agency until the required Contribution Disclosure Statements are submitted.
3.
Availability of the Disclosure Statement. All Contribution Disclosure Statements shall be available in the office of the administrative officer for review by any member of the public.
4.
Intent of the Disclosure Statement. It is the intent of this ordinance that the Disclosure Statement shall serve to inform the public and not serve as evidence relevant to the decision criteria for variance applications pursuant to N.J.S.A. 40:55D-70(d) as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval.
§ 35-9-2.5 No Violation of Federal or State Law.
[Ord. No. 12-02 § 3]
a.
No application shall be deemed complete without submission of a duly executed "Affidavit of Compliance with Laws" as set forth in Schedule 4, Part XII.
§ 35-9-3 STATEMENT OF ENVIRONMENTAL IMPACT AND ASSESSMENT STATEMENT (SEIA).
[Ord. No. 10-12 § VII]
It is the purpose of this section to protect the health, safety and welfare of people and property within the Township of Millstone from improper development, construction, and building on environmentally sensitive areas such as steep slopes, soils subject to flooding, hillside areas, or any other areas in the Township which may be sensitive to development due to existing environmental constraints. It is the intent of this section to reduce peculiar hazards and the degradation of land areas by reason of erosion, siltation, flooding, soil spillage, surface water runoff, pollution of potable water supplies, destruction of unique and predominant vistas, destruction of endangered or threatened species habitat and to encourage appropriate planning, engineering, design in certain areas to preserve and maximize the best use of the natural terrain and maintain the quality and quantity of the Township's inherent natural resources.
§ 35-9-3.1 Applicability.
[Ord. No. 10-12 § VII]
A Statement of Environmental Impact and Assessment shall be submitted with applications for development for: 1) all major subdivisions of land and site plans: and 2) other applications for development or uses of land on sites within the Township which contain endangered or threatened species as identified by the NJDEP Landscape Project Endangered Species Habitat Ranking or the Natural Heritage Program Database; a one-hundred-year floodplain; wetlands or wetlands transition areas in accordance with N.J.S.A. 13:9B-1 et seq.; slope areas where the inclination of the land's surface from the horizontal is 15% or greater; and/or lakes, ponds or other open waters.
§ 35-9-3.2 Enforcement.
The Planning Board, Board of Adjustment and the Township Environmental Commission shall be responsible for enforcing the provisions of this section.
§ 35-9-3.3 Information and Documentation Required for a SEIA.
[Ord. No. 10-12 § VII]
The information and documentation required shall be considered the minimum data needed to make an intelligent engineering and planning review under the provisions of this article. Said information and documentation shall be considered supplementary to the standards and design requirements mandated by this chapter for the submission of any major subdivision or site plan application for planned development as defined in this chapter.
a.
Any subdivision plats or site plan plats for a planned development which will create three or more lots shall necessitate the submission of the following exhibits and documentation:
1.
A topography map showing existing contours at two foot intervals.
2.
All areas clearly identified showing the following slopes as measured between existing contour lines as close to perpendicular as possible:
Area 1 | 30% or greater |
Area 2 | 20% to 29% |
Area 3 | 11% to 19% |
Area 4 | 0% to 10% |
3.
Calculations in square footage and areas of the amount of area in each of the slope categories listed above.
b.
Where development is proposed on slopes greater than 10% as part of a preliminary subdivision plat, a preliminary site plan plat for a planned development, and on applications for building permits, the following additional exhibits prepared by a qualified individual or firm as determined by the Planning Board with the advice of the Environmental Commission may be required to be submitted:
1.
Extent and erosion potential of exposed soils.
2.
Length, steepness and surface roughness of exposed slopes.
3.
Resistance of soil to compaction and stability of soil aggregates.
4.
High water table, water infiltration capacity, and capacity of soil permeability.
5.
The type, extent and degree of anticipated construction activity including the amount of site grading.
6.
The time period of exposure of erodible soils during construction.
7.
The area and density of woodlands and forested portions of this site referenced to the vegetation map of the Township's natural resource inventory on the property in question and on contiguous lands for a minimum distance of 500 feet. All significant tree specimens (fifteen-inch diameter) in the work area to be indicated on the development planned as well as physically marked on the construction site.
8.
The extent of impervious surface to be constructed.
9.
Location of construction access roads.
10.
Calculation of amount of site grading to include cut and fill quantity balance estimates, including cross-sections and indicating where applicable the volume of and source of offsite fill.
11.
Location of endangered or threatened species habitat if applicable.
§ 35-9-3.4 Conditions of the Statement of Environmental Impact and Assessment (SEIA).
[Ord. No. 00-16 § VIII; Ord. No. 00-26 § VIII; Ord. No. 01-04 § V; Ord. No. 03-22 § 1; Ord. No. 10-12 § VII]
a.
Data Required For SEIA. Applicants shall discuss and analyze in the SEIA those factors required for the particular project as outlined in Appendices A and D,[1] attached hereto, and adopted as a part of this chapter and any other factors pertinent to the proposed project or request a pre-application conference with the Environmental Commission to discuss the scope and detail of the inventory required for a particular project. Applications requiring a SEIA may be rejected upon recommendation of the Environmental Commission and by resolution of the Board for failure to furnish sufficient information to enable the Board to take an adequate environmental appraisal.
[1]
Editor's Note: Appendices A and D may be found as attachments to this chapter.
b.
The SEIA shall consider whether pertinent to the proposed project or required in Schedule 5 the following items:
1.
The proposed project shall be described with suitable sketches and plans which shall summarize, rather than duplicate, the subdivision, planned development and/or building plan.
2.
Existing conditions of the site and affected offsite areas shall be surveyed and described in terms of the environmental features of the property. The scope and detail of the inventory will be determined by the Board after consultation with the Environmental Commission. The applicant may utilize resource information available from the Township. Generally, said inventory will consider the air quality, topography, surface water bodies, surface water quality, soils, geology, ground water, vegetation, wildlife, archaeological and historical features. Existing forest vegetation shall be classified by type and age class. The distribution of types and classes will be indicated on the map, the scale of which will be one inch equals 100 feet or such other scale as may be required by the Board. The location, species, and diameter at a minimum of 2 1/2 feet above the ground of all isolated trees are to be shown on said map or on a separate map. Current land use of the project area and adjacent areas within 500 feet will be indicated on a separate map. If the proposal is for residential use, background levels of noise throughout the anticipated area affected must be determined.
3.
Endangered or Threatened Species. The applicant shall include a Natural Heritage Database Report and NJDEP Landscape Project Endangered Species Habitat Ranking Map within the SEIA. If there is any record of endangered or threatened species on or within close proximity to the site, the SEIA shall include Appendix D in accordance with § 35-11-33 of the Millstone Township Land Use Ordinances.
4.
Wastewater management. The SEIA must estimate the following:
(a)
If disposal is onsite, the SEIA must address the relation to topography, soil and underlying geology, including water table, aquifer recharge areas and all wells within 600 feet of the disposal area. The results of percolation tests and soil logs must be submitted as required by Chapter.
(b)
If disposal is to an existing private facility or to a new public disposal facility the SEIA must identify the owner and location of the plant and location of existing collection points to which the proposed project be connected. Documentation and supporting evidence must be submitted indicating the expected flows from the proposed facility will be accepted and can be treated adequately by the private or public facility.
(c)
Said SEIA must contain satisfactory evidence in the form of letters of approval or copies of certified plans from any and all applicable State, County or Municipal regulatory agencies with respect to sewerage disposal.
5.
If water is to be supplied from the site and a flow of 100,000 gallons per day, or less is required, an impact assessment of water supply is required. If the anticipated demand exceeds the available safe yield indicated in the resource inventory maintained by the Township Environmental Commission, the applicant must substantiate and explain the anticipated demand, present proof that the aquifer can yield the desired amount of water, demonstrate that wells proposed for installation will meet acceptable standards, and assess the effect of proposed withdrawals on existing and proposed wells and surface water bodies within the predicted measurable cone of depression. If the plan includes 50 or more dwelling units, certification of the adequacy of the proposed water supply (and sewage) facilities must be obtained from the New Jersey Department of Environmental Protection and included in the SEIA.
6.
If the applicant must obtain a diversion permit from the New Jersey Department of Environmental Protection, no approvals will be granted by the Planning Board until such a diversion grant has been obtained and evidence thereof has been included with the SEIA. The applicant must assess the effect of proposed wells and surface water bodies within the predicted measurable cone of depression in the SEIA. The applicant must supply copies of all resources information provided to the New Jersey Water Policy and Supply Council in support of his application for a diversion grant.
If the water is to be supplied from an existing private or public utility, said SEIA must identify the owner and location of the facility and the location of existing distribution points to which the proposed project would be connected. The applicant will submit documentary proof that the facility has the available excess capacity in terms of its allowable diversion and equipment to supply the proposed project and that said utility is willing to do so.
7.
Surface Drainage: The SEIA shall estimate the average rate and quality of stormwater runoff and identify the receiving body or bodies for such runoff from this site under original natural conditions and from the site during and after construction if the proposed project were implemented. The applicant shall follow and shall be guided by the section entitled "Drainage" as specified in this chapter. The SEIA shall discuss the reasons for any increase or decrease in the anticipated velocity runoff if the project were implemented and any plans for onsite retention or other techniques that are proposed for use to minimize peak storm flows and resultant downstream flooding. The boundaries of any NJDEP floodplains shall be shown on one map which illustrates the existing condition of the site where the proposed project is to be implemented.
8.
Stream Encroachment. Any applicant is encouraged to avoid the placement of fill in, or the diversion of any water channel or any other alteration to a stream channel or floodway area. Consultation with the Township Environmental Commission in early planning stages is recommended if such actions are contemplated. A certified copy of the encroachment permit from the Division of Water Resources, New Jersey Department of Environmental Protection must accompany the SEIA for any plan for which such permit is required by state law. The applicant shall supply copies of all resource information provided to the Division of Water Resources in support of his application for a Stream Encroachment Permit.
9.
Solid Waste Disposal. The applicant shall estimate the volume of solid waste, by type, expected to be generated from the proposed project during construction and operation and describe plans for collection, transportation and disposal of materials. The SEIA shall identify the location, type and owner of the facility which will receive such solid waste. If the facility is a landfill, proof shall be submitted that it is registered with the New Jersey Department of Environmental Protection, Division of Environmental Quality, and is operated in compliance with the New Jersey Sanitary Code.
10.
Air Quality. The SEIA shall describe each source, location, the quantity and nature of material to be omitted from any furnace or other device which coal, fuel, oil, gasoline, diesel fuel, kerosene, wood or other combustible materials will be burned, or if any other source of air pollutant including automobiles attracted by the facility will be present on the site during or after construction. If a State or Federal Emission Permit is required, a copy of the permit and all resource data submitted with the application for permit shall accompany the SEIA.
11.
Environmentally Protective Measures. The SEIA shall contain a listing of all environmentally protective measures which will be used should the proposed project be approved and implemented. These are measures which will avoid or minimize adverse effects on the natural and man-made environment of the site and region during the construction and operation of the facility.
12.
Adverse Impacts Which Cannot Be Avoided. The SEIA shall contain a summary list, without discussion of the potential adverse environmental impacts which cannot be avoided should the proposed project be approved and implemented. Short-term impacts should be distinguished from long-term impacts. Reversible impacts should be distinguished from irreversible impacts. Any impacts on proposed development areas with environmental constraints in accordance with § 35-9-5, including, but not limited to streams, ponds, lakes, floodways, wetlands, wetlands transition areas, slopes of 15% or greater, highly acid soils, highly eroded soils, areas with a seasonal high water table of 24 inches or less, 24 inches to 48 inches and greater than 48 inches, aquifer recharge areas, and mature stands of native and planted vegetation, should specify the type of criteria involved and the extent of similar areas within the development site which will not be affected.
13.
Summary Statement of Environmental Impact and Assessment. The SEIA shall contain a concise summary of the environmental impact assessment of the Proposed project. This summary will evaluate the adverse and positive environmental effect of the project, should it be implemented, and the public benefits expected to derive from the project, if any.
§ 35-9-3.5 Standards For Analysis Review and Approval by Review Agencies.
[Ord. No. 99-06 § V]
a.
The Environmental Commission, Shade Tree Commission and/or Township Engineer, as the case may be, shall review and recommend for approval to the Planning Board or Board of Adjustment only those submissions where development plans and proposed improvements accomplish the following:
1.
Control velocity and rate of water runoff in conformance with the "Drainage Calculations" of this chapter.
2.
Minimize stream turbidity and changes in flow.
3.
Protect environmentally vulnerable areas.
4.
Stabilize exposed soils both during and after construction and development.
5.
Prevent soil spillage.
6.
Minimize the number and extent of cuts to present ground water recharge areas.
7.
Preserve the maximum number of trees and other vegetation onsite and along existing and proposed rights-of-way to avoid critical degradation of forest areas as shown on the vegetation map of the Township's Natural Resource Inventory.
8.
Provide for the protection of existing vegetation and/or planting of street trees and landscaping along public streets and highways.
9.
Preserve wooded areas and trees as defined herein to the greatest extent possible and replant trees removed, destroyed or which die as a result of the development of property for major subdivisions and site plans in accordance with § 35-11-24.6.
b.
The Planning Board and Board of Adjustment shall review the recommendations of the Environmental Commission, Shade Tree Commission, Board Engineer or Township Engineer, as the case may be, and may impose such conditions upon any approval as they deem necessary to achieve the above stated goals. All pertinent improvements necessary to achieve the above criteria to be bonded in the manner set forth in this chapter for any subdivision or site plan.
c.
No application for development shall be approved unless it has been affirmatively determined after an environmental appraisal that the proposed project:
1.
Will not result in a significant adverse impact on the environment.
2.
Has been conceived and designed in such a manner that it will not significantly impair natural processes.
3.
Will not place a disproportionate or excessive demand upon the total resources available to the project site and the impact area.
4.
Will be compatible with or enhance the existing streetscape in terms of trees and other native vegetation to the greatest extent practicable.
d.
Any approval may be subject to the condition that the applicant provide and adhere to a detailed construction schedule, copies of which shall be supplied to the Board and Township Engineer, and Construction Official for the purpose of monitoring the progress of the work, in compliance with the construction schedule. Said approval may be further conditioned upon the submission of periodic certifications by the applicant as to compliance with the construction schedule, and in the event of noncompliance, written assurance as to the nature and time when steps will be taken to achieve compliance with the construction schedule.
e.
If the applicant becomes unwilling or unable to comply with the construction schedule or any other requirements or conditions attached to the approval of the application, and the Township certifies such unwillingness or inability to the Planning Board in writing, the Board may thereafter revoke approval of the application, after notice and hearing to the applicant and no further work may be performed onsite without the exception of temporary measures necessary to stabilize the slope and to protect the slope from stormwater damage or other hazards created by construction activity on this site.
§ 35-9-3.6 Waivers.
[Ord. No. 99-06 § V; Ord. No. 00-16 § VIII; Ord. No. 00-26 § VIII]
The approving authority upon recommendation of the Environmental Commission and Board Engineer may waive the requirements for a Statement of Environmental Impact and Assessment Report, in whole or in part, if sufficient evidence is submitted by an applicant, to support a conclusion that the proposed project will have a negligible environmental impact or that a complete Statement of Environmental Impact and Assessment need not be prepared in order to adequately evaluate the environmental impact. Notwithstanding the aforesaid, waivers may not be granted for any project located in whole or in part in areas with environmental constraints in accordance with § 35-9-5, including, but not limited to streams, ponds, lakes, floodways, wetlands, wetlands transition areas, slopes of 15% or greater, highly acid soils, highly eroded soils, areas with a seasonal high water table 48 inches or less), aquifer recharge areas, and mature stands of native and planted vegetation, should specify the type of criteria involved and the extent of similar areas within the development site which will not be affected. The contents of said statement of environmental impact and assessment report may be determined by the Township Environmental Commission.
§ 35-9-4 GENERAL DEVELOPMENT PLAN CONTENTS.
A general development plan shall include the following:
§ 35-9-4.1 Contents of Plan.
A general land use plan 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 and nonresidential use 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;
§ 35-9-4.2 Circulation Plan.
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;
§ 35-9-4.3 Open Space Plan.
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;
§ 35-9-4.4 Utility Plan.
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;
§ 35-9-4.5 Stormwater Management Plan.
A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site;
§ 35-9-4.6 Environmental Inventory.
An environmental inventory including a 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 impacts of the development on the environmental attributes of the site;
§ 35-9-4.7 Community Facility Plan.
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;
§ 35-9-4.8 Housing Plan.
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 the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., will be fulfilled by the development;
§ 35-9-4.9 Local Service Plan.
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;
§ 35-9-4.10 Fiscal Report.
A fiscal report describing the anticipated demand on Township 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, Township and School District according to the timing schedule provided under § 35-9-4.11 of this section, and following the completion of the planned development in its entirety.
§ 35-9-4.11 Timing Schedule.
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 development in its entirety; and
§ 35-9-4.12 Development Agreement.
A Township Development Agreement, which shall mean a written agreement between the Township and a developer relating to the planned development.
§ 35-9-5.1 Modifications in Certain Areas.
To meet the purpose, goals and standards set forth in this chapter, the applicable zoning provisions of this chapter relating to minimum lot size and density of development may be modified in areas of steep slopes, floodplains, flood prone areas and poorly drained soils; especially, where an acceptable percolation test and soil logs cannot be obtained, a properly designed and functioning sewage disposal system could not be constructed or where development on said slopes would create or severely aggravate an existing or potential soil erosion problem.
§ 35-9-5.2 Slopes of 15% Or Greater, Freshwater Wetlands, Wetlands Transitional Areas or Lands Designated as One-Hundred-Year "Floodplain."
[Ord. No. 00-16 § IX; Ord. No. 00-26 § IX; amended 3-18-2020 by Ord. No. 20-06]
Development, including principal and accessory structures, lawns and other site disturbance, shall not be permitted on slopes of 15% or greater, lands that are delineated as freshwater wetlands or wetlands transitional areas or lands designated by the New Jersey Department of Environmental Protection as one-hundred-year "floodplain".
Notwithstanding anything herein to the contrary, on nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MONL- 2501-15," this prohibition shall not apply and reasonable disturbance of these features, as determined by the municipal agency, may be permitted.
§ 35-9-5.3 Development Applications in Extremely Environmentally Sensitive Areas.
[Amended 3-18-2020 by Ord. No. 20-06]
Development applications in these extremely environmentally sensitive areas shall exhibit special sensitivities with respect to lot layout, road pattern, road and driveway grades, drainage, septic suitability and land disturbance. A concerted effort shall be made by the applicant and his engineer to fit development and accompanying realty improvements to existing site conditions such as steep slopes, floodplains, poorly drained soils and the like. An awareness of a site's existing physical characteristics and development limitations must be reflected in the proposed development scheme.
Notwithstanding anything herein to the contrary, on nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MONL- 2501-15," this prohibition shall not apply and reasonable disturbance of these features, as determined by the municipal agency, may be permitted.
§ 35-9-5.4 Open Space, Floodplain, Drainage or Utility Easements.
Any and all lands to be maintained as open space, floodplain, drainage or utility easements shall be so identified on the plan and shall be delineated and noted on the final plat as being dedicated to the appropriate authority for a specific purpose as specified elsewhere in this chapter. The applicant shall provide dedications, easements and/or deed restrictions, as the case may be, for such lands.
§ 35-9-6 SUBMISSION OF DOCUMENTS AND COMPUTERIZED MAPPING.
[Ord. No. 00-16 § X; Ord. No. 00-26 § X]
All plan documents shall be submitted in accordance with the requirements of the Map Filing Act and this chapter. All final site plans and final subdivisions prepared in a computerized format (Auto CAD, GIS, etc.) shall be filed with the Township in a computer file. Subdivision plans prepared in a computer format that are filed with the Monmouth County Clerk shall be filed in computer format with the Township. Subdivision plans shall include streets, lot dimensions, freshwater wetlands, freshwater wetlands transition areas, conservation easements, sight triangle easements and other data required for incorporation into the Millstone Township Tax Maps.