Oldmans Township City Zoning Code
ARTICLE VII
Planning Board
§ 110-46 Membership; alternate members.
A.
Membership. There is hereby established a Municipal Planning Board of nine members consisting of the following four classes:
(1)
Class I: The Mayor, or the Mayor's designee in the absence of the Mayor.
(2)
Class II: One of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is a member of the Board of Education among the Class IV members.
(3)
Class III: A member of the governing body to be appointed by it.
(4)
Class IV: Six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, and one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there shall be among the Class IV members of the Planning Board a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
B.
The term of the member composing Class I shall correspond with his official tenure, or, if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II shall be for one year or terminated at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission, whose term of office shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
C.
The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever comes first.
D.
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment and as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
E.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
F.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
G.
The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
H.
The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.
I.
Up to four Class IV alternate members shall be appointed to the Planning Board by the Mayor and shall meet the qualifications of Class IV members of the Planning Board. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." The terms of the alternate members shall be for two years and their expiration dates shall be staggered such that two alternate members can be appointed each year. A vacancy occurring otherwise than by expiration of a term shall be filled by the Mayor for the unexpired term only.
J.
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
§ 110-47 Powers and jurisdiction of Planning Board.
A.
The Planning Board shall have the powers listed below in addition to other powers established by law:
(1)
To make, adopt and from time to time amend a Master Plan for the physical development of the Township, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Township.
(2)
To administer the provisions of this chapter.
(3)
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(4)
To assemble data on a continuing basis as part of a continuous planning process.
(5)
To annually prepare a program of municipal capital improvement projects projected over a term of six years and amendments thereto and recommend the same to the governing body.
(6)
To consider and make report to the governing body within 35 days after referral as to any proposed development regulation submitted to it and also pass upon other matters specifically referred to the Planning Board by the governing body.
B.
The Planning Board shall have all powers set forth in N.J.S.A. 40:55D-69 et seq., granted to a Zoning Board of Adjustment, and the following:
(1)
Error or refusal. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of this chapter.
(2)
Exceptions or interpretations. Hear and decide, in accordance with the provisions of this chapter, requests for interpretation of the Zoning Map or ordinance or for decisions upon other special questions upon which the Board is authorized to pass by any land development ordinance or Official Map.
C.
Variance of area or yard requirements.
(1)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of other extraordinary and exceptional situation or condition of such piece of property or the structures thereon, the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties or in exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve any difficulties or hardships.
(2)
Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the zoning regulations.
D.
Variance of use regulations.
(1)
In particular cases and for special reasons, a variance shall be granted to permit the following:
(a)
A structure or use in a district restricted against such structure or use.
(b)
An expansion of a nonconforming use.
(c)
Deviation from a specification or standard pertaining solely to a conditional use.
(d)
An increase in the permitted floor area ratio.
(e)
An increase in the permitted density, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision.
(2)
A variance under this section shall be granted only by affirmative vote of 2/3 of the full authorized membership of the Board.
E.
General provision. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning provisions of this chapter. Any application to the Planning Board under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Planning Board shall act.
F.
Other powers. The Planning Board shall have such other powers as prescribed by law, including but not limited to the following:
(1)
To direct issuance of a building permit for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on a duly adopted Official Map of the municipality whenever one or more parcels of land within said bed cannot yield a reasonable return to the owner unless a building permit is granted. The Board shall impose reasonable requirements as a condition of granting the building permit so as to promote the health, morals, safety and general welfare of the public.
(2)
To direct issuance of a building permit for the construction of a building or structure on a lot not abutting a street which is shown on a duly adopted Official Map of the municipality or which is an existing state, county or municipal street or highway or a street shown upon a plat approved by the Municipal Planning Board or street on a plat duly filed in the office of the county recording officer. The Board may grant such relief only where the enforcement of the statute requirement that a building lot abut a street would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to abut a street. The Board shall impose requirements or conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of the health and safety and will protect any future street layout shown on the Official Map or on the general circulation plan element of the Municipal Master Plan.
G.
Inquiries as to whether a proposed land use is permissible under the zoning provisions of this chapter shall be submitted, in writing, which shall issue a written response within 45 days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.
§ 110-48 Appeals and applications.
A.
A developer may file an application for development with the Board for action under any of its powers without prior application to the Administrative Officer of the municipality. Four copies of such an application shall be filed with the Secretary of the Board. All plot plans, maps and/or other information required for review for this chapter shall be submitted to the Secretary at least 30 days prior to the date set by the Planning Board for the public hearing on the application. The applicant shall obtain all necessary forms from the Secretary of the Board.
[Amended 7-8-2020 by Ord. No. 2020-09; 4-13-2022 by Ord. No. 2022-04]
B.
The Board shall render a decision not later than 120 days after the date that an appeal is taken from the decision of an officer of the municipality or a complete application for development is submitted to the Board by a developer. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
C.
Any appeal to the Board shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Board, after the notice of appeal shall have been 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 other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
D.
In acting on any appeal, the Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end shall have all the powers of the officer from whom the appeal is taken.
§ 110-49 Provisions applicable to Planning Board.
A.
Conflicts of interest. No member of the Planning Board shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
B.
Meetings.
(1)
Meetings of both the Planning Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
(2)
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full authorized membership of the Board.
(4)
All actions shall be taken by majority vote of the members present, except as otherwise required by this chapter. Failure of a motion to secure the number of votes required to approve an application for development shall be deemed an act denying the application.
C.
Records.
(1)
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board and of the persons appearing by attorney, the action taken by the Planning, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during the normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes.
(2)
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographer, mechanical or electronic means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
D.
Public hearing.
(1)
The Planning Board shall hold a hearing on each application for development. The Board shall make the rules governing such hearings.
(2)
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 30 days before the date of the hearing during normal business hours in the office of the Secretary. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
[Amended 7-8-2020 by Ord. No. 2020-09; 4-13-2022 by Ord. No. 2022-04]
(3)
The officer presiding at the hearing, or such person as he may designate, shall have 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, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
(4)
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 of 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.
(5)
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E.
Public notice of a hearing.
(1)
Public notice of a hearing shall be given for the following applications for development:
(a)
Any request for a variance.
(b)
Any request for conditional use approval.
(c)
Any request for the issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street. [See § 110-47F(1) and (2).]
(d)
Any request for site plan approval involving one or more of the aforesaid elements.
(e)
Any request for preliminary subdivision approval.
(2)
The Secretary of the Planning Board shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:
(a)
By publication in the official newspaper of the municipality, if there shall be one, or in a newspaper of general circulation in the municipality.
(b)
To all owners of real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of the hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it, which notice shall be given by serving a copy thereof on the property owner, as shown on the 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 said current tax duplicate. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
(c)
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 service on behalf of the corporation.
(d)
To the Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of said adjoining municipality or municipalities, which notice shall be given by personal service or certified mail.
(e)
To the County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the County Official Map or the County Master Plan or adjoins other county land.
(f)
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway.
(g)
To the Director of the Division of State and Regional Planning in the Department of Community Affairs when the hearing involves an application for development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Administrative Officer.
(3)
Upon the written request of an applicant, the Township Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged a fee not to exceed $0.25 per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to Subsection E(2)(b) above who do not reside within the Township.
(4)
The applicant shall file an affidavit or proof of service with the Planning Board.
(5)
The notice shall state the date, time and place of the hearing and the nature of the matters to be considered and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps or documents for which approval is sought are available for inspection.
§ 110-50 Notice of decisions.
Any decision of the Planning Board when acting upon an application for development and when acting upon an appeal shall be given notice in the following manner:
A.
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or appellant or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to any interested party who has requested it and who has paid the fee prescribed by the Board for such service.
B.
A brief notice of every final decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Secretary of the Planning Board, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
C.
A copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Township.
§ 110-51 Application requirements.
A.
Subdivision review. All subdivisions, as defined under Article II, are subject to the review procedures specified herein.
B.
Site plan review. Except as hereinafter provided, no building permit shall be issued for any structure or additional parking spaces to residential, business and industrial properties and the addition of driveways and/or paving on commercial, business and industrial properties until a site plan has been reviewed and approved by the Township of Oldmans, except that the approval of a site plan for a detached dwelling unit used solely for residential purposes and its accessory buildings on a lot, including customary accessory buildings incidental to farms, shall not be necessary, and except further that the Board may waive the review requirements of this chapter if the application for development:
C.
Variance relief. All applications for variance relief to the Board shall be filed at least 21 days prior to the meeting of the Board at which discussion is desired. The filing shall include 10 copies of any maps and related material, four copies of the completed application form and the fee in accordance with Article IX of this chapter. The Board shall act upon the application as stipulated by law.
§ 110-52 Submission of sketch plats and sketch plans.
A conceptual sketch of the proposed subdivision or site plan is not required but is strongly recommended. The submission of a conceptual sketch affords the applicant the opportunity to discuss the proposal in its formative stages and receive the advice of the Board.
A.
Procedure for submitting sketch plats and sketch plans.
(1)
The applicant shall submit to the Administrative Officer, at least 30 days prior to the first regularly scheduled monthly meeting of the Planning Board for applications under its jurisdiction for applications under its review, 10 copies of the sketch of the proposal for purposes of classification, preliminary discussion and appropriate action, four copies of the completed application form and the fee in accordance with Article IX of this chapter. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats and other documents submitted for processing in conjunction with the application.
[Amended 7-8-2020 by Ord. No. 2020-09; 4-13-2022 by Ord. No. 2022-04]
(2)
Simultaneous with submitting an application for development to the municipality, the applicant shall forward the necessary copies of the submission to the Salem County Planning Board and any other governmental agency as required by law for appropriate review and action.
(3)
At least seven days prior to the first regularly scheduled monthly meeting of the Board, the Administrative Officer shall retain one copy each of the sketch and the application form and shall distribute the remaining copies to the Chairman of the Planning Board (one copy each of the sketch and application).
(4)
At the direction of the Administrative Officer or the Planning Board, additional copies of the sketch may be forwarded to other individuals, offices and agencies for review and comment.
B.
Details required for sketch plats and sketch plans. The submitted sketch shall be based on tax map information or some other similarly accurate base and shall be neatly and accurately drawn. The following information shall be included:
(1)
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not less than 2,000 feet.
(3)
Scale and North arrow.
(4)
Date of original preparation and of each subsequent revision thereof.
(5)
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Municipal Tax Map.
(6)
Subdivision or development boundary line (heavy solid line).
(7)
The location of existing and proposed property lines, streets, buildings (with an indication as to whether existing buildings will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drainpipes and any natural features, such as wetlands and treed areas, both within the tract and within 100 feet of its boundary.
(8)
The approximate location and approximate width of all existing and proposed utility easements.
(9)
Zoning district boundaries affecting the tract.
(10)
Proposed buffer and landscaped areas.
(11)
Delineation of floodplain and wetland areas.
C.
Additional details required for sketches prior to minor subdivision classification. A plat shall not be classified as a minor subdivision unless drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal and license number and address of said professional engineer and/or land surveyor. The sketch plat shall be drawn at a scale of one inch equals 50 feet for a tract up to 40 acres in size; one inch equals 100 feet for a tract between 40 and 150 acres; and one inch equals 200 feet for a tract of 150 acres or more on one of three standard size sheets, namely, 24 inches by 36 inches or 30 inches by 42 inches, to enable the entire tract to be shown on the one sheet and shall show or include the following information:
(1)
The plat shall be accompanied by a survey of the proposed property prepared by a New Jersey professional land surveyor, with bearings and distances provided for all property lines. A legal description of the proposed property is also required. The mother lot shall be shown on its entirety if not more than one legal lot size is remaining.
(2)
Contours as shown on the United States Geological Survey topographic sheets.
(3)
Wetlands, ponds and land subject to flooding in the subdivision and within 100 feet thereof.
(4)
If the proposed lot(s) is (are) not served by a sanitary sewer, certification by a licensed professional engineer that the proposed lot(s) can adequately accommodate a septic system. The location(s) of the test hole(s), test results and compliance with the Individual Sewage Disposal Code of New Jersey shall be shown on the plat and certified by a licensed professional engineer.
(5)
No plat involving any street(s) requiring additional right-of-way width shall be classified as a minor subdivision unless such additional right-of-way width, either along one or both sides of said street, as applicable, shall be deeded to the Township or other appropriate governmental agency.
(6)
No plat involving any corner lot shall be classified as a minor subdivision unless a sight triangle easement shall be granted as specified in this chapter.
(7)
If the applicant intends to file by deed(s) record of the approved subdivision with the county recording officer, the following signature block shall be provided on the deed(s):
Planning Board Chairman | Date |
Planning Board Secretary | Date |
D.
Action by the Township.
(1)
The Board shall take action on a sketch application within 45 days after the submission of a complete application or within such further time as may be consented to by the applicant. Should the application be determined by the Administrative Officer or the Board either to be incomplete or require substantial revisions, the applicant shall be notified within the forty-five-day time period and may thereafter submit an appropriately revised application to the Administrative Officer as in the first instance.
(2)
Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to remove such adverse effect(s) prior to further review, classification or approval by the Board, or, where the remaining portion of the original tract is of sufficient size to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied-for subdivision or development, together with subsequent subdivisions or developments, may be submitted so that it will not create, impose or aggravate or lead to any such adverse effect.
(3)
If the sketch is considered for classification as a minor subdivision, the Planning Board shall act on the proposed plat within 45 days of its complete and proper submission to the Administrative Officer 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 minor subdivision approval. If classified as a minor subdivision by majority action of the Board, a notation to that effect, including the date of classification, shall be made on the master copy. At least six prints of the plat shall be signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent) and returned to the subdivider within one week thereof. No further approval of the subdivision shall be required. In the event that the same is disapproved by the Board, the Secretary of the Board shall, within seven days of such action, notify the subdivider of such disapproval and the reasons therefor. In acting on the application, the Township shall consider a report received, in writing, from the County Planning Board within 30 days after its receipt of the plat. If a report is not received from the County Planning Board, the Planning Board for Oldmans Township shall condition its approval upon the County report.
(4)
Within 190 days from the date of approval by the Board of a minor subdivision sketch plat, a plat map drawn in compliance with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46.23-9.9 et seq.) or deed description shall be filed by the subdivider with the county recording officer. Unless filed within the 190 days, the approval shall expire and will require Board approval as in the first instance. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval by the Board, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
(5)
If the sketch is classified as a major subdivision or site plan or if it is determined that variance action will be necessary, the applicant shall be notified of the Board's action within seven days of such action.
§ 110-53 Submission of preliminary plats and preliminary plans.
A preliminary submission is required of all subdivisions classified as major subdivisions and of all development proposals requiring site plan review.
A.
Procedure for submitting preliminary plats and preliminary plans.
(1)
The applicant shall submit to the Administrative Officer, at least 30 days prior to the first regularly scheduled monthly meeting of the Planning Board for applications under its jurisdiction for applications under its review, the following: 10 copies of the preliminary plat or preliminary plan, five copies of any protective covenants or deed restrictions applying to the land being subdivided or developed, five copies of the completed application form and the fee in accordance with Article IX of this chapter. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats and other documents submitted for processing in conjunction with the application.
[Amended 7-8-2020 by Ord. No. 2020-09; 4-13-2022 by Ord. No. 2022-04]
(2)
Simultaneous with submitting an application for development to the municipality, the applicant shall forward the necessary copies of the submission to the Salem County Planning Board and any other governmental agency as required by law for appropriate review and action.
(3)
At least seven days prior to the first regularly scheduled monthly meeting of the Board, the Administrative Officer shall retain one copy each of the preliminary plat or plan, any protective covenants or deed restrictions and the application form and shall distribute the remaining copies to the Chairman of the Planning Board (one copy each of the preliminary plat or plan, any protective covenants or deed restrictions and the application).
(4)
At the direction of the Administrative Officer or the Planning Board, additional copies of the preliminary plat or plan may be forwarded to other individuals, offices and agencies for review and comment.
B.
Details required for preliminary plats and preliminary plans. Each submission shall be at a scale of one inch equals 50 feet for a tract up to 40 acres in size; one inch equals 100 feet for a tract between 40 and 150 acres; and one inch equals 200 feet for a tract 150 acres or more. Each submission shall be on one of three of the following standard sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal size, with reference on each sheet to the adjoining sheets.
(1)
The following information shall be included:
(a)
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not less than 2,000 feet.
(b)
Title block, with the following information:
[1]
Name of subdivision or development, municipality and county.
[2]
Name and address of subdivider or developer.
[3]
Name and address of the owner or owners of record and the names and addresses of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor.
[4]
Name, address, signature and license number of the professional engineer who prepared the drawing.
[5]
Acreage of tract to nearest 10th of an acre.
(c)
Scale and North arrow.
(d)
Date of original preparation and of each subsequent revision thereof.
(e)
The plat shall be accompanied by a survey of the property prepared by a New Jersey professional land surveyor, with bearings and distances provided for all the property lines. A legal description of the property is also required. Site plans shall be prepared on sheet sizes of 24 inches by 36 inches or 30 inches by 42 inches only at a scale of one inch equals 20 feet.
(f)
Signature block as follows:
Plan (or plat) of | |
Lot Section Map Zone Date Scale | |
Application | |
I consent to the filing of this plan (or plat) with the Planning Board of the Township of Oldmans | |
(Owner) | (Date) |
I hereby certify that I have prepared this plan (or plat) and that all dimensions and information are correct | |
(Name) | (Title and License No.) |
I have reviewed this plan (or plat) and certify that it meets all codes and ordinances under my jurisdiction. | |
(Township Engineer) | (Date) |
To be signed before the issuance of a construction permit: I hereby certify that all the required improvements have been installed or a bond posted in compliance with all applicable codes and ordinances (if improvements installed) | |
(Township Engineer) | (Date) |
(If bond posted) | |
(Township Clerk) | (Date) |
Approved by the Planning Board | |
Preliminary(Final) | |
(Chairman) | (Date) |
(Secretary) | (Date) |
(g)
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Municipal Tax Map and proposed block and lot numbers as provided by the Township Tax Assessor upon written request.
(h)
Subdivision or development boundary line (heavy solid line).
(i)
Zoning district boundaries affecting the tract.
(j)
The locations and dimensions of existing and proposed railroad rights-of-way, bridges and natural features, such as wooded areas, both within the tract and within 200 feet of its boundaries.
(k)
The locations and species of all existing trees or groups of trees having a caliper of eight inches or more measured three feet above ground level shall be shown. The proposed location of shade trees to be provided shall also be indicated.
(l)
All existing and proposed watercourses (including lakes and ponds) shall be shown and accompanied by the following information:
[1]
When a stream is proposed for alteration, improvement or relocation or when a drainage structure or fill is proposed over, under, in or along a running stream, evidence of approval, required alterations, lack of jurisdiction or denial of the improvement by the New Jersey Department of Environmental Protection shall accompany the application.
[2]
Cross sections of watercourses and/or drainage swales at an approximate scale showing the extent of floodplain, top of bank, formal water levels and bottom elevations at the following locations:
[a]
At any point where a watercourse crosses a boundary of the tract.
[b]
At fifty-foot intervals for a distance of 300 feet upstream and downstream of any proposed and/or existing culvert or bridge within the tract and within 1,000 feet downstream of the tract.
[c]
At fifty-foot intervals up to 300 feet upstream and downstream of any point of juncture of two or more watercourses within the tract and within 1,000 feet of the tract.
[d]
At a maximum of five-hundred-foot intervals, but not less than two locations, along each watercourse which runs through the tract or within 500 feet of the tract.
[3]
When ditches, streams or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown.
[4]
The delineation of the floodway, flood hazard and wetlands areas within and adjacent to the tract.
[5]
The total acreage in the drainage basin of any watercourse running through or adjacent to a tract in the area upstream of the tract.
[6]
The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in the tract which drains to the structure.
[7]
The location and extent of drainage and conservation easements and stream encroachment lines.
[8]
The location, extent and water level elevation of all existing or proposed lakes or ponds within and adjacent to the tract.
(m)
Existing contours with intervals two feet where slopes are less than 15% and five feet when 15% or more referred to a known datum and indicated by a dashed line. Where any changes in contours are proposed, finished grades shall be shown as a solid line.
(n)
Locations of all existing structures showing existing and proposed front, rear and side yard setback distances and an indication of whether the existing structures and uses will be retained or removed.
(o)
Size, height and location of all proposed buildings, structures, signs and lighting facilities.
(p)
All dimensions necessary to confirm conformity with this chapter, such as structure setbacks, structure heights and yard areas.
(q)
The proposed location, direction of illumination, power and type of proposed outdoor lighting.
(r)
The proposed screening, buffering and landscaping, including a landscaping plan.
[1]
Buffer areas are required along lot and street lines as stipulated in § 110-26. Buffer areas shall be measured horizontally and at right angles to either a straight lot or street line or the tangent lines of curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No above-surface structure or activity or the storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:
[a]
Plant materials used in screen planting shall be at least six feet in height when planted and be of such density as determined appropriate for the activities involved. The plant materials shall be of a species common to the area, be of nursery stock and shall be free of insects and disease.
[b]
Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.
[c]
The screen planting shall be so placed that at maturity the plant material will be no closer than three feet to any street or property line.
[d]
The buffer area shall not be broken unless specifically approved by the Planning Board.
(s)
The location and design of any off-street parking areas or loading areas, showing size and location of bays, aisles and barriers.
(t)
All means of vehicular access and egress to and from the site onto public streets, showing the site and location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and any other device necessary to prevent a difficult traffic situation.
(u)
Plans and computations for any storm drainage systems, including the following:
[1]
All existing or proposed storm sewer lines within or adjacent to the tract, showing size and profile of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
[2]
The location and extent of any proposed dry wells, groundwater recharge basins, detention basins or other water or soil conservation devices.
(v)
The location of existing utility structures, such as water and sewer mains, gas transmission lines and high-tension power lines on the tract and within 200 feet of its boundaries.
(w)
The plans of proposed improvements and utility layouts, including sewers, storm drains, water, gas, telephone and electricity, showing feasible connections to any proposed utility systems. If private utilities are proposed, they shall comply fully with all Township, county and state regulations. If service will be provided by an existing utility company, a letter from the company stating that service will be available before occupancy will be sufficient. When individual on-lot water or sewage disposal is proposed, the plan for such system shall be approved by the appropriate Township, county and state agencies and the results of percolation tests shall be submitted.
(x)
Plans, typical cross sections, center-line profiles, tentative grades and details of all proposed streets and of the existing streets abutting the tract based on the vertical datum specified by the Township Engineer, including curbing, sidewalks, storm drains and drainage structures. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at intersections.
(2)
A copy of any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application.
(3)
The proposed permanent monument shall be shown.
(4)
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 may include, but not be limited to, drainage calculations and traffic analyses.
C.
Environmental impact statement.
(1)
The impact on the environment generated by land development necessitates an analysis of the variety of problems that may result and the actions that can be taken to minimize those 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 and the location of the development.
(2)
An environmental impact assessment shall be required for major subdivisions and/or major or minor site plans where the property for which an approval is sought contains wetlands or is within 200 feet of wetlands. In addition, the Planning Board may require an environmental impact assessment in regard to any application before the Board. Where an environmental impact assessment is required, the applicant shall provide such a submission in accordance with the requirements of this section, the Oldmans Township Environmental Commission and the New Jersey Department of Environmental Protection. The environmental impact assessment shall be required to be prepared and submitted with the preliminary application, and the application may be deemed incomplete without it. In those cases where an impact statement is required by the New Jersey Department of Environmental Protection or other outside agency, a copy of the same shall be submitted to the Planning Board for its review. Environmental impact statements shall be certified by a licensed professional engineer or licensed professional planner.
(3)
Composite environmental constraints map at same scale as the preliminary plat or site plan. The applicant shall, utilizing existing map sources, present a plan indicating:
(4)
An environmental impact statement shall be submitted containing data reflecting:
(a)
A statement describing and explaining the impact and effect of the proposed subdivision or site plan upon the ecological systems and environment of Oldmans Township's land and waters, giving consideration to the applicable natural processes and social values of:
[1]
Geology.
[2]
Aquifers.
[3]
Hydrology.
[4]
Depth of seasonal high-water table.
[5]
Stormwater runoff.
[6]
Soils.
[7]
Potential soil loss.
[8]
Soil nutrient retention.
[9]
Vegetation.
[10]
Wetland and coastal vegetation.
[11]
Recreation value of vegetation.
[12]
Historic value.
[13]
Scenic features.
[14]
Wildlife: high-value areas.
[15]
Wildlife: rare and beneficial species.
[16]
Water quality.
[17]
Air quality.
(b)
When field investigations are performed to determine existing conditions, methods used shall be addressed.
(c)
Specific plans proposed by the subdivider or developer to alter, preserve or enhance and mitigate or minimize adverse impacts on the natural resources and natural features of the land within the proposed subdivision or site.
(5)
Standards for test borings.
(a)
Test borings, percolation rates, water levels and groundwater samples shall be submitted by a licensed engineer in accordance with the following standards:
Size of Site (acres) | Number of Test Holes |
|---|---|
Up to 2 | 1 |
2 | 3 |
3 | 6 |
4 to 10 | 8 |
11 to 40 | 10 |
41 to 100 | 16 |
Over 100 | 10 |
(b)
These borings shall be distributed over the tract to adequately represent site conditions and shall be to a minimum depth of 10 feet.
D.
Community impact statement.
(1)
All applications for preliminary major subdivision approval where five or more lots are proposed, all applications for multifamily residential developments and all applications for preliminary major site plan approval shall be accompanied by a community impact statement analyzing the proposed development and its expected impacts upon existing municipal facilities and services.
(2)
The community impact statement shall indicate why, in the applicant's opinion, the proposed development is in the public interest, as well as providing data and opinions concerning the following specific items:
(a)
Population impact. An analysis of the number of people expected to be added to the municipal population as a result of the proposed development according to the following age cohorts; children, adults and other information about age cohorts.
(b)
School impact. An analysis of the anticipated number of pupils who will be added to the student population in the municipality and the ability of the existing public school facilities to absorb the expected student population during a ten-year period. Should expanded or new school facilities and/or increased teaching staff be required, the projected cost for such additions shall be specified.
(c)
Facilities impact. An analysis of the existing facilities available to serve the proposed development and the impact of the development upon the facilities, including the adequacy of existing public water facilities, public sewerage facilities, recreational facilities and library facilities. Should such facilities be determined inadequate to serve the proposed development, the remedies, either expected or proposed by the applicant, shall be indicated along with the estimated costs for such additional facilities.
(d)
Service impact. An analysis of the existing services provided by the Township to serve the proposed development and the impact of the development upon the services, including police protection, fire protection, solid waste disposal and street maintenance service.
(e)
Traffic impact. An analysis of the existing road network available to serve the proposed development, as well as the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development, including the capacity of the existing and proposed roadways, the anticipated traffic volumes as a result of the proposed development, the physical structure of both road networks and any problem areas in the road network affected by the development, including unsafe intersections, and vertical or horizontal alignment.
(f)
Financial impact. An analysis of the revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be projected for the Township, the Township school system and the county.
(3)
All factors, multipliers and values used in the preparation of the community impact statement shall have been provided by a reliable and recognized source and shall be subject to verification as to their accuracy and applicability by the Planning Board. If the Township demonstrates reasonable cause to question any representations made in the impact statement, the applicant shall be liable for any additional expense incurred during the review of said statement.
(4)
The applicant shall prepare a reference list of all published materials, reports, manuscripts or other written sources of information which were consulted and employed in the preparation of the community impact statement. A separate reference list of all governmental agencies and individuals that provided information or coordinated the statement shall be prepared, with the dates and locations of all meetings specified. The documentation shall also indicate the person(s) that prepared each major section of the statement, including his qualifications.
(5)
Waiver. The Planning Board may waive any provisions of this section if deemed not applicable.
E.
Action by the Township.
(1)
All other individuals, offices and agencies to which copies of the submission were forwarded shall submit their comments and recommendations to the Planning Board within 30 days of their receipt of the submission.
(2)
Upon the submission to the Planning Board of a complete application for a site plan for 10 acres of land or less or 10 dwelling units or fewer and/or a subdivision containing 10 lots or fewer, the Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application to the Planning Board for a site plan of more than 10 acres and/or a subdivision containing more than 10 lots, or whenever an application includes a request for relief pursuant to § 110-54A of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval.
(3)
Upon the submission of a complete application site plan and/or subdivision pursuant to § 110-54B of this chapter, the Planning Board shall grant or deny preliminary approval within 120 days of the date of such submission or within such further time as may be consented to by the developer.
(4)
Should any application be determined by the Administrative Officer, or the Board to be incomplete or require substantial revisions, the applicant shall be notified within a forty-five-day time period and may thereafter submit an appropriately revised application to the Administrative Officer as in the first instance.
(5)
All hearings held on applications for preliminary subdivision or any application for variance relief shall require public notice of the hearing. The Board professionals and administration deem the application complete. It is the responsibility of the applicant to verify with these professionals if the application is complete prior to sending out said notices. No application will be determined to be complete unless and until all application and escrow fees have been paid in full. The Board will not consider or grant any request for waiver of application/escrow fees.
[Amended 7-8-2020 by Ord. No. 2020-09]
(6)
The recommendation of the County Planning Board and those of all other agencies and officials to whom the preliminary plat or plan was submitted for review 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 Chairman of the Board (or the Acting Chairman in his absence) and the Secretary of the Board shall affix their signatures to at least five copies of the plat or plan with a notation that it has been approved.
(7)
Should minor revisions or additions to the plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from said approval. Should major revisions to the plan be deemed necessary, the Board shall require that an amended plan be submitted and acted upon as in the case of the original application for preliminary approval.
(8)
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 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 such determination.
F.
Effect of preliminary approval. Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
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.
(2)
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.
(3)
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.
§ 110-53.1 Submission of final plats and final plans.
A final submission is required of all subdivisions and site plans approved at the preliminary submission stage.
A.
Procedure for submitting final plats and final plans.
(1)
Within three years after the date of preliminary approval, the applicant shall submit to the Administrative Officer, at least 30 days prior to the first regularly scheduled monthly meeting of the Planning Board for application under its jurisdiction, 10 copies of the final plat or final plan, five copies of any protective covenants or deed restrictions applying to the land being subdivided or developed, five copies of the completed application form and the fee in accordance with Article IX of this chapter.
[Amended 7-8-2020 by Ord. No. 2020-09; 4-13-2022 by Ord. No. 2022-04]
(2)
Simultaneous with submitting an application for development to the municipality, the applicant shall forward the required copies of the submission to the Salem County Planning Board and any other governmental agency as required by law for appropriate review and action.
(3)
At least seven days prior to the first regularly scheduled monthly meeting of the Board, the Administrative Officer shall retain one copy each of the final plat or plan, any protective covenants or deed restrictions and the application form and shall distribute the remaining copies to the Chairman of the Planning Board (one copy each of the final plat or plan, any protective covenants or deed restrictions and the application).
(4)
At the direction of the Administrative officer, the Planning Board, additional copies of the final plat or plan may be forwarded to other individuals, offices and agencies for review and comment.
B.
Details required for final plats and final plans.
(1)
All details stipulated in § 110-58B of this chapter shall be submitted.
(2)
All additional details required at the time of preliminary approval shall be submitted.
(3)
Detailed architectural and engineering data shall be submitted, including:
(a)
An architect's rendering of each building or a typical building and sign showing front, side and rear elevations.
(b)
Cross sections, profiles and established grades of all streets, aisles, lanes and driveways, as approved by the Township Engineer.
(c)
Plans and profiles of all storm and sanitary sewers and water mains, as approved by the Township Engineer.
(4)
All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 10,000 and the dimensions of all lot lines to within one to 20,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart, and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied to United States Geological Survey benchmarks with data on the plat as to how the bearings were determined.
(5)
The final submission shall be accompanied by the following documents:
(a)
Certification from the Tax Collector that all taxes are paid to date.
(b)
Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given consent under an option agreement.
(c)
A statement from the Planning Board Engineer that he is in receipt of a map showing all utilities in exact location and elevation, that he has examined the drainage plan and found that the interests of the Township and of neighboring properties are adequately protected and that he has identified those portions of any utilities already installed and those to be installed. The applicant shall certify, in writing, to the Board that he has:
(d)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 110-65 of this chapter and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty.
C.
Action by the Township.
(1)
All other individuals, offices and agencies to which copies of the submission were forwarded shall submit their comments and recommendations to the Planning Board within 30 days of their receipt of the submission.
(2)
Upon the submission of a complete application for final approval, the Board shall grant or deny final approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Failure of the Board to act within 45 days or such further time as agreed to by the applicant shall constitute final approval. In such case, the Administrative Officer shall certify the submission date of the application and the failure of the Board to act within the specified time period, and this certification shall be sufficient in lieu of the written endorsement of the Board.
(3)
If the Board acts favorably on the final submission, the Chairman and the Secretary of the Board (or the Acting Chairman and Secretary where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with a notation that it has been approved. The applicant shall furnish such copies to the Board for signing. In the case of final subdivision only, the applicant shall include at least five Mylar copies of the approved plat.
(4)
After approval of the final plat or plan by the Board, copies of the signed plat or plan shall be furnished by the Secretary of the Board to each of the following within 10 days from the date of such approval:
(a)
Administrative Officer (Mylar if applicable).
(b)
Construction Code Official.
(c)
Township Zoning Officer.
(d)
Township Engineer (Mylar if applicable).
(e)
Municipal Tax Assessor.
(f)
Planning Board files (Mylar if applicable).
(g)
The applicant (Mylar if applicable).
(h)
Such other municipal, county or state agencies or officials as directed by the Board.
(5)
Within 95 days from the date of signing by the Board of a final subdivision plat, the subdivider shall file a copy of the same with the County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire, and any further proceedings shall require the filing of a new sketch plat as in the first instance. The Board, for good cause shown, may extend the time of filing for an additional 190 days.
(6)
If the Board, after consideration and discussion of the final submission, 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 setting forth the reasons for such rejection. One copy of the plat or plan and the resolution shall be returned to the applicant within 10 days of such determination.
D.
Effect of final approval. Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a two-year period from the date of final approval:
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
(2)
If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.