Montgomery City Zoning Code
§ 16-8.4
Submission of Preliminary Major Subdivision Plats and Preliminary Major Site Plans. 1
[Ord. #85-482, S 804; Ord. #86-508, S 2; Ord. #86- 517, SS 1, 2; Ord. #88-584, SVID-G; Ord. #89-604, S 2; Ord. #89-637, S 1; Ord. #01-1036, S 2; Ord. #08-1275, S 3; Ord. #08-1294, S 6; amended 12-17-2020 by Ord. No. 20-1646; 4-18-2024 by Ord. No. 24-1722; 4-18-2024 by Ord. No. 24-1723]
a.
Procedure for Submitting Preliminary Major Subdivision Plats and Preliminary Major Site Plans. The applicant shall submit to the Administrative Officer at least 21 days prior to the second Monday of the month: 28 copies of the preliminary plat or preliminary plan; 28 completed copies of the appropriate applications which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; 22 copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; and a fee in accordance with section 16-9 of this chapter. The application shall contain an acknowledgment signed by the applicant, stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
b.
Details Required for Preliminary Major Subdivision Plats and Preliminary Major Site Plans. Each preliminary major subdivision plat shall be drawn by a licensed land surveyor and shall be based on new or existing current and accurate survey of the property being subdivided. Each preliminary major site plan shall be drawn by a professional engineer or architect, based upon a survey prepared by a licensed land surveyor. Such survey information may be transposed to other drawings if duly noted as to the date of the survey, by whom and for whom it was prepared.
All professionals shall be licensed to practice in the State of New Jersey, and the plat or plan shall bear the signature, seal, license number and telephone number of the said professional; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor in accordance with N.J.A.C. 13:40, Subchapter 7.
Each submission shall be drawn at an appropriate scale of one inch equals not more than 100 feet for major subdivision plats or one inch equals not more than 50 feet for major site plans and shall be submitted on one of the following four standard sheet sizes (8 1/2" x 13", 15" x 21", 24" x 36" or 30" x 42"), with all sheets submitted of the same size, and each with a clear perimeter border at least one inch wide. If one sheet is not sufficient to contain the entire tract, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
Each preliminary plat or plan shall show the following information, as such information is appropriate to the subdivision or site plan, unless the municipal agency determines and so notifies the applicant that such information either is unnecessary or inapplicable to the particular subdivision or development plan:
1.
A key map showing the entire tract and its relation to the surrounding areas, including lot lines and streets, at a scale of one inch equals not more than 2,000 feet.
2.
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Township of Montgomery, Somerset County, N.J.;
(b)
Name, title, address and telephone number of applicant;
(c)
Name, title, address, telephone number, license number, seal and signature of the professional or professionals who prepared the plat or plan;
(d)
Name, title and address of the owner or owners of record;
(e)
Scale (written and graphic); and
(f)
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
3.
North arrow.
4.
Certification that the applicant is the owner of the land or his/her properly authorized agent, or certification from the owner that he or she has given his/her consent under an option agreement.
5.
If the applicant is a partnership or a corporation, the names and addresses of all partners, or the names and addresses of all stockholders owning 10% or more of any class of stock of the corporation in accordance with N.J.S.A. 40:55D-48.1 et seq.
6.
Acreage to the nearest tenth of an acre (both within and without areas within public rights-of-way) and a computation of the area of the tract to be disturbed. For major subdivisions, the acreage of the proposed lots (both within and without areas within public rights-of-way) shall be provided, with a tabulation demonstrating that proposed lot areas total existing lot areas (both within and without areas within public rights-of-way).
8.
Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot number(s).
9.
The name(s) and block and lot number(s) of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor.
10.
Tract boundary line (heavy solid line) and any existing and proposed subdivision or property line(s) within the tract.
11.
Zoning district(s) affecting the tract, including district names and all requirements, with a comparison to the proposed development, and all zoning district(s) within 100 feet of the tract.
12.
The location of natural features, including but not limited to treed areas, high points, marshes, depressions, and any extensive rock formations, both within the tract and within 200 feet of its boundaries.
13.
Delineation of flood plains, including both floodway and flood fringe areas, and Township stream corridors, both within the tract and within 200 feet of its boundary, and the source and date of the flood plain information.
14.
Delineation of ponds, marshes, wetlands, wetland transition areas, hydric soils, and lands subject to flooding, both within the tract and within 200 feet thereof. A copy of the applicant's request for a Letter Of Interpretation (LOI) from the New Jersey Department of Environmental Protection (NJDEP) and the accompanying plan shall be submitted for all delineated wetlands. Where an LOI has been received, a copy of the NJDEP LOI and stamped approved plan shall be submitted to the Township.
15.
All existing and proposed watercourses (including lakes and ponds) within the tract and within 200 feet of the tract shall be shown and be accompanied by the following information:
(a)
When a stream is proposed for alteration, improvement or relocation or where a drainage structure or fill is proposed over, under, in or along a running stream, a report on the status of review by the State Department of Environmental Protection, Division of Water Resources, shall accompany the submission.
(b)
Cross-sections of water courses and/or drainage swales showing the extent of the flood plain, top of bank, normal water levels and bottom elevations at the following locations where appropriate or where required by the Board Engineer or Township Engineer:
(1)
At any point where a watercourse crosses a boundary of the tract.
(2)
At 100-foot intervals up to 500 feet upstream and downstream of any point of juncture of two or more watercourses within the tract.
(3)
At 100-foot intervals for a distance of 500 feet upstream and downstream of any proposed and/or existing culvert or bridge within the tract.
(4)
At a maximum of 100-foot intervals, but not less than two locations, along each watercourse which runs through or within 500 feet of the tract.
(5)
When ditches, swales, stream or watercourses are to be altered, and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown.
(6)
The delineation of the floodways and flood fringe areas of all watercourses within or adjacent to the tract.
(c)
The total acreage of the drainage basin of any watercourse running through the tract.
(d)
The location and extent of drainage and conservation easements and stream encroachment lines.
(e)
The location, extent and water level evaluation of all existing or proposed lakes or ponds within the tract and within 200 feet of the tract.
(f)
The size, direction of flow and the type of proposed surface water management provisions to reasonably reduce and minimize exposure to flood damage.
16.
Existing and proposed contours with intervals of one-foot where slopes are less than 5%; with intervals of two feet where slopes are shown between 5% and 10%; and with intervals of five feet where slopes exceed 10%, except where one-foot contours are required in Subsection 16-5.2m3 of this chapter to be shown in the area of disturbance. All contour information shall be related to U.S.G.S. datum and the local benchmark utilized on the subject site. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line; and lands with a topographic slope 15% or greater shall be shaded.
17.
Locations of all existing structures and their uses (with their numerical dimensions and an indication as to whether existing structures will be retained or removed), both within the tract and within 200 feet of its boundary, including but not limited to buildings, paved areas, railroads, bridges, culverts, drain pipes, any historic features such as family burial grounds and buildings more than 50 years old, and the existing and proposed front, rear and side yard setback distances to a buildings.
18.
The location and size of existing structures such as water and sewer mains, valves, hydrants, utility structures, gas transmission lines and high tension power lines on the tract and within 200 feet of its boundaries.
20.
Intentionally deleted.
21.
Size, height and location of all proposed buildings (including spot elevations and grades), structures, signs and fences, including details for any signs and sign lighting, fences and trash enclosures and provisions for the separation and storage of recyclable materials.
22.
All dimensions and setbacks necessary to confirm conformity to the chapter, such as the size of the tract and any proposed lot(s), the number of lots being created, structure setbacks, structure heights, yards, floor area ratios, building and lot coverages, the amount of contiguous net usable acreage, the delineation of all "critical areas," as defined by this chapter, and the inscription of a 205-foot diameter circle, where required for residential uses.
23.
The proposed location, height, size, direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles, luminaries and the hours and time of lighting. The level of illumination shall be provided in a point by point plan as well as by isolux curves, and the average footcandle level of the area to be illuminated shall be provided.
24.
Existing and proposed street and lot layout, with dimensions correct to scale, showing that portion proposed for development in relation to the entire tract, and existing lot lines to be eliminated.
25.
The location and design of any off-street parking or loading area, showing the size and location of bays, aisles and barriers, curbing and paving specifications and any associated signage.
26.
All means of vehicular access and egress to and from the site onto public streets, showing the size and the location of driveways, sidewalks, fire lanes and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation.
27.
Plans, typical cross sections and construction details, horizontal and vertical alignments of the center line of all proposed streets and of all existing streets abutting the tract including street names. The vertical alignments shall be based on U.S.G.S. vertical datum or a more specified datum supplied by the Township Engineer, including curbing, sidewalks, street trees and planting strips, storm drains and gutters, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract.
(a)
Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.
(b)
The width of cartway and right-of-way, location and width of utility lines, type and width of pavement, final design grades, and a profile of the top of curb within the bulb of any cul-de-sac shall be included.
(c)
The width of additional right-of-way to be dedicated to the Township or other appropriate governmental agency shall be shown as specified in the Master Plan or Official Map and the street requirements of this chapter.
29.
Plans, profiles and details of proposed improvements and utility layouts including sewers, storm drains and water lines, and feasible connections to gas, telephone and electrical utility systems, including plans, profiles and details of all existing and proposed sanitary sewage facilities and water mains with proposed connections.
(a)
If private utilities are proposed, they shall comply fully with all Township, County, State and Federal regulations.
(b)
If service will be provided by an existing utility company, in lieu of detailed plans, the developer shall present a statement of interest, setting forth all public utility companies to serve the development and a letter from each company stating that service will be available before occupancy.
(c)
The preliminary plans shall recite all public utilities that will serve the development.
(d)
Additionally, letters from the appropriate County and State agencies granting approval for the extension of utility service(s) under their respective jurisdiction shall be submitted with the application.
(e)
When individual on-site water is proposed, the plan for such system shall be approved for each lot by the appropriate Township and State agencies, and the date of approval by said agency shall be indicated on the plat or plan.
30.
If the proposed lot(s) is (are) not served by a sanitary sewer, three copies of the plan approved by the Township Board of Health, with date of approval, of site evaluation tests, certified by a licensed professional engineer, indicating that the proposed lot(s) can adequately accommodate a septic system. The location(s) of the test hole(s) and boring(s), soil logs, proposed location of the septic disposal areas and reserve areas, test results, soil types, percolation rates and compliance with the Individual Sewage Disposal Code of New Jersey or applicable Township Board of Health Code, whichever may be more restrictive, shall be shown on the plat and certified by a licensed professional engineer.
31.
The names, location and width of all existing and proposed easements and rights-of-way, the use(s) for which they are intended to be limited, the manner in which the easements will be controlled, and to whom they are granted.
32.
Any existing protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan. Any proposed deed descriptions, easements, covenants, restrictions and roadway and sight triangle dedications, including metes and bounds as applicable, shall be submitted for approval and required signatures prior to filing with the County Recording Officer.
33.
Plans for Soil Erosion and Sediment Control as required by N.J.S.A. 4:24-39 et seq. and in accordance with the Somerset County Soil Conservation District.
34.
The existing and proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9.
35.
An Environmental Impact Statement in accordance with Subsection 16-8.4c of this chapter, if required.
37.
If a survey is referenced, a copy of a signed and sealed survey by a licensed New Jersey land surveyor, showing the tract boundary, topographic information, existing conditions, and all "critical areas", as defined by this chapter.
38.
Certification from the Township Tax Collector that all taxes and assessments are paid to date, and certification from the Chief Financial Officer or his/her designee that all prior escrow fees have been posted; and, if the processing of the application extends into any subsequent tax quarter, a current certificate from the Tax Collector shall be required by the Board before approval may be granted.
39.
A list of all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Township, as well as agencies of the County, State and Federal government. Evidence of the submission of the application(s) for other agency approvals having jurisdiction over the application and/or required by the Township Engineer shall be submitted. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
40.
Concerning major site plans only, the proposed use and operations of the buildings, the proposed number of shifts to be worked, the maximum number of employees on each shift, and the hours of operation open to public use.
41.
Concerning major site plans only involving the storage of hazardous substances (as defined in Ordinance No. 81-85 of the Board of Health of the Township of Montgomery, and as set forth at Section BH16-1 et seq. of the Board of Health Code), a proposal for the means of storage of hazardous substances in accordance with said Ordinance No. 81-85. In the event the Board of Health has not approved the means of hazardous substance storage by the time the Planning Board or Board of Adjustment renders it decision on the application, any approval by the Planning Board or Board of Adjustment shall be conditioned on the subsequent approval of the means of hazardous substance storage by the Board of Health in accordance with Ordinance No. 81-85 of the Board of Health.
42.
Where any clearing and/or construction of public improvements is proposed to commence prior to final approval a written statement from the applicant indicating this intent and his acknowledgement of the requirements of Subsection 16-9.2 of this chapter and, if the development is to be phased, the location of areas where such clearing or construction is proposed. The following additional information also is required to be submitted at this time:
(a)
A letter from the developer indicating that he/she shall be proceeding with construction based upon a preliminary approval only at his/her own risk and that he/she acknowledges that there are no assurances that the improvements installed will be granted final approval.
(b)
A separate plan depicting the areas within the site where construction shall be performed prior to final approval, including clearing and grading limits, and a summary of the improvements that are proposed to be constructed prior to final approval.
(c)
A separate plan depicting soil erosion and sediment control measures which shall be implemented prior to final approval, the location of topsoil and material stockpiles and construction staging areas, and measures to protect existing trees and vegetation along clearing limits.
(d)
If clearing and grading are proposed beyond the right-of-way line on a proposed lot prior to final approval, a written explanation setting forth the reasons for such clearing prior to final approval and grading plan approval for the subject lot(s).
43.
In the case of any subdivision or site plan submission of a planned development, the applicant shall be required to submit all of the required information for all of the properties comprising the planned development, regardless of whether the applicant is seeking approval of the whole or a section of the planned development; specifically, the applicant shall be required to show the interrelationship of each portion of the project with the whole of the project considering land use, traffic, open space, buffering, drainage and surface water management, sewerage, potable water supply and any other specific planning considerations as may be of particular relevance to a particular planned development.
44.
The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. Such information shall include, but not be limited to, drainage calculations and traffic analyses, provided however, that no application shall be declared incomplete for the lack of such additional information.
c.
Environmental Impact Statement.
1.
General Provisions. The impact on the environment generated by land development projects necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site, the location of the project and the information already in the possession of the Township. Therefore, having determined that some flexibility is needed in preparing the Environmental Impact Statement, the requirements for such a document pertaining to different types of development applications are listed below:
(a)
All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silviculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the Environmental Impact Statement requirements.
(b)
All variance applications submitted to the Board of Adjustment pursuant to N.J.S.A. 40:55D-70d shall require an Environmental Impact Statement in accordance with the requirements of this section. Any other variance applications to the Zoning Board of Adjustment shall not require an Environmental Impact Statement unless specifically requested by the Board.
(c)
Any application for subdivision approval where 10 lots or less are involved and all applications for minor site plan approval, either to the Planning Board or to the Zoning Board of Adjustment, as the case may be, shall not require an Environmental Impact Statement unless specifically requested by the Board.
(d)
All preliminary major subdivision and/or preliminary major site plan applications shall be accompanied by an Environmental Impact Statement.
2.
Submission Format. When an Environmental Impact Statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts shall also be considered including the Township Master Plan and Natural Resources Inventory. Furthermore, as much original research as necessary shall be conducted to develop the Environmental Impact Statement. All Environmental Impact Statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:
(a)
Project Description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:
(b)
Site Description and Inventory. Provide a description of environmental conditions on the site which shall include the following items:
(1)
Types of Soils. List and describe each soil type on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations relative to the type of project proposed, a complete mapping of all soil types where the moderate and severe limitations exist.
(2)
Topography. Describe the topographic conditions on the site.
(3)
Geology. Describe the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is within two feet of the surface as well as major rock outcroppings.
(4)
Vegetation. Describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated.
(5)
Wildlife. Identify and describe any unique habitats of endangered or protected species.
(6)
Subsurface Water. Describe the subsurface water conditions on the site both in terms of depth to ground water and water supply capabilities. The location, depth, capacity and water quality of all existing water wells on the site and within 500 feet of the site shall be indicated.
(7)
Distinctive Scenic and/or Historic Features. Describe and map those portions of the site that can be considered to have distinctive scenic and/or historic qualities.
(8)
Existing Development Features. Describe any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, driveway accesses, housing units, accessory structures, utility lines, etc.
(9)
Miscellaneous. When warranted, an analysis should be conducted of existing air quality and noise levels as prescribed by the New Jersey State Department of Environmental Protection.
(c)
Impact. Discuss both the adverse and positive impacts during and after construction. Indicate those adverse impacts that are unavoidable. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where possible and necessary:
(1)
Soil erosion and sedimentation resulting from surface runoff.
(2)
Flooding and flood plain disruption.
(3)
Degradation of surface water quality.
(4)
Ground water pollution.
(5)
Reduction of ground water capabilities.
(6)
Sewage disposal.
(7)
Solid waste disposal.
(8)
Vegetation destruction.
(9)
Disruption of wildlife habitats of endangered and protected species.
(10)
Destruction or degradation of scenic and historic features.
(11)
Air quality degradation.
(12)
Noise levels.
(13)
Energy utilization.
(d)
Environmental Performance Controls. Describe what measures will be employed during the planning, construction and operation phases which will minimize or eliminate adverse impacts that could result from the proposed project. Of specific interest are:
(e)
Licenses, Permits and Other Approvals Required by Law. The applicant shall list all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Township, as well as agencies of the County, State and Federal governments. Where approvals have been granted, copies of said approvals shall be attached. When approvals are pending, a note shall be made to that effect.
(f)
Documentation. All publications, file reports, manuscripts or other written sources of information which were first consulted and employed in compilation of the Environmental Impact Statement shall be listed. A list of all agencies and individuals from whom all pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
3.
Disposition by the Board. The Board shall review the information furnished in the Environmental Impact Statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help insure that the proposed development will cause no reasonably avoidable damage to any environmental resource.
d.
Traffic Impact Statement.
1.
General Provisions. The impact on the existing road systems generated by land development necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. Therefore, all preliminary major subdivision applications resulting in the generation of more than 10 lots and/or all preliminary major site plan applications shall be accompanied by a Traffic Impact Statement unless specifically waived by the Board. Any application for subdivision approval where less than 10 lots are involved and all applications for minor site plan approval, either before the Planning Board or Board of Adjustment as the case may be, shall not require a Traffic Impact Statement unless specifically requested by the Board.
The Board may waive the requirement for a Traffic Impact Statement totally or partially only if sufficient evidence is submitted to the Board indicating that the proposed project will have a negligible traffic impact, or, alternatively, that a complete report need not be prepared and submitted in order to evaluate adequately the specific traffic impact to be generated by the proposed development. The burden of demonstrating the exceptions hereinabove stated shall at all times rest with the applicant who must affirmatively demonstrate to the Board the basis for the waiver request.
2.
Contents of Report. The Traffic Impact Statement shall contain the following information:
(a)
Projections of traffic to be generated by the proposed development for average daily, morning peak hour(s), afternoon peak highway hour(s) and any other peak traffic condition deemed applicable as a result of the type and/or location of the proposed generator. Traffic generation rates should be based upon local indices, where available, or rates promulgated by the Institute of Transportation Engineers, where local indices are not available. All rates should be documented in the report. Also, the method and data base upon which traffic approach route distributions are based shall be fully documented. Any assumptions regarding the diversion of existing traffic to alternative routes should be clearly specified in the report.
(b)
The report shall contain documentation of existing conditions on adjacent streets serving immediate site access/egress, including roadway pavement width, rights-of-way, curb parking conditions, site visibility, grade and curvatures of roadway and traffic control devices. Existing traffic volumes or average daily and peak hour conditions shall be presented with the source of data denoted.
(c)
Assessment of the traffic impact of the proposed development, shall be provided, including estimates of levels of services. In preparing these estimates, assumptions regarding the annual growth rate of existing traffic should be fully documented. Capacity determination shall be based upon normally accepted standards, with the basis of these estimates clearly indicated. All substantial applications for development, both within Montgomery Township and neighboring municipalities, which recently have been built, are under construction, have been approved for construction or are being considered for approval shall be factored in the analysis. In the event the project is staged over a period of time, independent estimates for each stage shall be provided.
(d)
In the event that roadway deficiencies are identified for existing and/or future conditions, specific recommendations for the resolution of these problems shall be addressed in the report. The report shall contain a listing of any and all actions to be undertaken by the applicant to resolve or minimize traffic problems and, as such, shall be considered a firm offer by the applicant to undertake said actions, subject to approval by the Board.
(e)
Any alteration or amendment to the development application which would substantially alter specific land uses, site acreage, building floor area, highway access design or any other feature which could cause a significant change in traffic generation rates shall require the submission of a revised Traffic Impact Statement.
(f)
In situations where State or County highways are adjacent to and/or potentially impacted by the proposed project, a copy of the report shall be provided to the Commissioner of Transportation, New Jersey Department of Transportation for State Highways, and the Somerset County Department of Transportation for County highways for their review and comment.
3.
Disposition by the Board. The Board shall review the information furnished in the Traffic Impact Statement in the context of the overall design of the proposed development and the traffic impact of the proposed development on the affected roadway system. The information is to be used to determine whether or not the proposed development will create any negative impact(s) upon the roadway system, adjacent properties or the zone plan of the municipality. The Traffic Impact Statement shall be forwarded to the Township Traffic Consultant for review and comment.
e.
Action by the Township.
1.
The Planning Board or Zoning Board of Adjustment, as the case may be, and/or the Development Review Committee, shall review the major subdivision or major site plan application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:
(b)
If said application is found to lack some of the information required by Subsections 16-8.4b or 16-8.4c of this chapter, said Board or Development Review Committee shall either:
(1)
Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or
(2)
If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.
(d)
In the event the Board and/or Development Review Committee fails to act pursuant to subparagraphs e1(b)(1), or e1(b)(2) hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
2.
On the date the aforesaid application is certified complete, or on the 46th day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require revisions in the application documents; as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.
3.
Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:
(a)
The Planning Board or the Zoning Board of Adjustment, as the case may be, (nine copies of the preliminary plat or plan and nine copies of the application and any protective covenants or deed restrictions);
(b)
Subdivision Committee or Site Plan Committee, as the case may be (four additional copies of the preliminary plat or plan and four additional copies of the application);
(c)
Somerset County Planning Board (two copies each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);
(d)
Planning Board Attorney (one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);
(e)
Township Administrator (one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);
(f)
Township Planner (one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);
(g)
Township Engineer (one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);
(h)
Construction Official (one copy of the preliminary plat or plan);
(i)
Zoning Officer (one copy of the preliminary plat or plan);
(j)
Township Board of Health (one copy of the preliminary plat or plan);
(k)
Township Environmental Commission (one copy of the preliminary plat or plan);
(l)
Somerset/Union Soil Conservation District (one copy of the preliminary plat or plan);
(m)
Township Tax Assessor (one copy of the preliminary plat or plan);
(n)
Public Safety Committee (one copy of the preliminary plat or plan);
(o)
Economic Development Committee (one copy of the preliminary plat or plan);
(p)
Township Clerk (one copy of each of the preliminary plat or plan, the application and any protective covenants or deed restrictions for the Township's files);
(q)
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the preliminary plat or plan shall be sent to other Township, County or State agencies as may be designated by the Board.
4.
The Planning board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Subsection 16-8.1a2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
5.
The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more then 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Subsection 16-8.1a2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
6.
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction as prescribed in Subsections 18-8.4d4 and 18-8.4d5 hereinabove in cases where the applicant has requested a use variance in accordance with N.J.S.A. 40:55D-70d and Subsection 16-7.2d of this chapter. All aspects of the application shall be acted upon within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
7.
Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to mitigate any adverse effect(s) prior to further review or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect.
8.
In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in section 16-6 of this chapter pursuant to N.J.S.A. 40:55D-65c.
(b)
That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are adequate;
(c)
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
(d)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
9.
All hearings held on applications for preliminary major subdivision approval (and in certain cases preliminary major site plan approval) shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see Subsection 16-7.6d).
10.
The recommendation of those agencies and officials to whom the preliminary plat or plan was forwarded shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.
11.
Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Should substantial revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.
12.
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the board to that effect on the plat or plan and a resolution adopted in accordance with subsection of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.
f.
Effect of Preliminary Approval.
1.
Preliminary approval shall confer upon the applicant the following rights for a three year period from the date of preliminary approval:
(a)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to: use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval; except that nothing therein shall be construed to prevent the municipality from modifying by chapter such general terms and conditions of preliminary approval as relate to public health and safety;
(b)
That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plat or plan; and
(c)
That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
2.
In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in Subsection 16-8.4f1 hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:
3.
The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
(b)
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
(c)
Economic conditions;
(d)
The comprehensiveness of development; and
(e)
Provided that if the design standards have been revised by ordinance, such revised standards may govern.
4.
When the applicant wishes to start site disturbance pursuant to an approved preliminary subdivision or site plan, the applicant shall apply to the Engineer for a permit to undertake said work. The permit shall not be issued unless all of the conditions of the preliminary approval have been satisfied.
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Editor's Note: The checklists are included as an attachment to this chapter.